Assignment

2017 ◽  
Author(s):  
Hein Kötz
Keyword(s):  
Economic Importance ◽  
Point Of View ◽  
Historical Overview ◽  
Legal Systems ◽  
The Law ◽  
The Right

This chapter examines the law governing the transfer of contract rights that allows the new creditor to take the place of the old and enforce the right against the debtor in the same way. Legal systems differ as to when and how the debtor is to be apprised of the transfer of contract rights. One issue is whether informing the debtor not only makes sense from the assignee’s point of view, but is actually required. The chapter first provides a historical overview of assignment and considers its economic importance before discussing the requirements of an effective assignment, focusing on substantive validity, non-assignable rights, and how courts deal with disputes over priorities of claims. It also tackles the question of what obligations may arise between assignor and assignee when the agreement effects a change of creditor. Finally, it reviews the rules to prevent the debtor being prejudiced by a change of creditor.

Legal Systems

2019 ◽  
pp. 127-155
Author(s):  
Kevin Vallier
Keyword(s):  
Social Trust ◽  
Moral Authority ◽  
Legal Systems ◽  
Moral Sentiments ◽  
Legal Coercion ◽  
Moral Rules ◽  
The Law ◽  
The Right

Previous chapters argue that maintaining a system of social trust in the right way requires that our shared moral rules be publicly justified. This chapter argues that coercive laws are required in order to strengthen a system of social trust by properly incentivizing trustworthy behavior in cases where moral sentiments and moral ostracism alone cannot provide strong enough reason to be trustworthy. Legal coercion can often stabilize moral rules that might otherwise collapse and create new moral rules that would not have otherwise existed. So law can be an efficient means of maintaining a system of trust by providing persons with additional incentives to engage in trustworthy behavior. This is how law is publicly justified, and so how the law acquires its moral authority.

scholarly journals The impact of economic analysis of law on legal thinking

2020 ◽  
Vol 6 (3) ◽  
pp. 109-114
Author(s):  
Ekaterina A. Koroleva
Keyword(s):  
Economic Analysis ◽  
Rational Choice ◽  
Point Of View ◽  
Economic Regulation ◽  
Economic Analysis Of Law ◽  
Race And Gender ◽  
The Law ◽  
And Gender ◽  
The Right ◽  
The Impact

The article deals with the main provisions of Richard Posners book How judges think, which is, according to the authors own assessment, an attempt by an American scientist to understand the motives that guide judges in making judgments. The emphasis Posner puts on psychology leads to the fact that the book gives the right to talk about how judges think, not about judicial behavior: considering traits, temperament, race and gender, as well as personal and professional experience. From all the above Richard Posner concludes that judges are guided by the rationality of actions and decisions. Therefore, special attention in this article is paid to the concept of rationality from the point of view of Posner himself, as well as the assessment of this concept from the point of view of Russian scientists V.L. Tambovtsev and L.V. Smorgunov, since this concept of rational choice reveals the essence of economic analysis of law. Special attention should be paid to the argument that according to Richard Posner, rational choice does not have to be without error in the conditions of lack of information or the complexity of its collection and analysis. The arguments of Henry Beckett, as one of the founders of the economic analysis of law, on rationality in the Commission of an offense are given. Also, the article considers the facts that allow to state that at present the economic analysis of the law has gone far beyond the initial attention to Antimonopoly regulation, taxation, regulation of public utilities, corporate Finance and other usual areas of economic regulation, the range of issues that can be resolved through economic analysis of the law is much wider and more diverse. According to the results of races-judgements and the estimation of economic analysis of law and the category of rationality in the legal field.

scholarly journals Prawo do tłumaczenia pokrzywdzonego w polskim procesie karnym – wybrane zagadnienia

2020 ◽  
Author(s):  
Michał Toruński
Keyword(s):  
Criminal Procedure ◽  
Point Of View ◽  
Legal Certainty ◽  
The Law ◽  
The Right

The analysis of the provisions of the Code of Criminal Procedure shows a clear asymmetry in the rights of the accused and the victim as regards the right to interpreting. Despite the implementation of subsequent amendments, the legislators consistently ignored the rights of the victim with regard to the right to interpreting; when they actually dealt with that issue, it was done in a fragmented and selective manner.Moreover, the exegesis of the provisions on the right to interpreting leads to the conclusion that the analyzed right is not fully regulated by the provisions of the Code of Criminal Procedure, and some extremely important normative parts of it must be decoded from the Law on the System of Common Courts. Both these spheres interpenetrate each other, which is undeniably undesirable from the point of view of the standard of legal certainty and transparency.This study aims at identifying legislative shortcomings, as well as at proposing de lege ferenda solutions in relation to the analyzed right of the victim to interpreting.

Dead Bodies in Nigerian Jurisprudence

2007 ◽  
Vol 51 (1) ◽  
pp. 117-150 ◽  
Author(s):  
Remigius N Nwabueze
Keyword(s):  
Legal Systems ◽  
Priority Rules ◽  
Judicial Decisions ◽  
Industrialized Nations ◽  
Dead Bodies ◽  
The Law ◽  
The Right

AbstractRecent events and a few judicial decisions in Nigeria show the need for a serious analytical engagement with the law relating to dead bodies. Topical issues from these cases focus on jurisdiction, the right to control the disposition of remains, and remedies available for the infringement of a burial right. While the meaning and content of sepulchral rights remain the same in Nigeria as in many industrialized nations, its prioritization is markedly different. In contrast to the highly individualized nature of burial rights in many Western legal systems, the control of sepulchral right in Nigeria is familial in character. In some circumstances, however, recourse may be had to statutory provisions that import English priority rules. While a range of remedies is available for an interference with a burial right, injunctions and declarations are the most sought after by Nigerian litigants. An expedited hearing is preferable to an interlocutory order of injunction.

Arbitrariness as Discrimination

2021 ◽  
pp. 1-25
Author(s):  
Meital Pinto
Keyword(s):  
Point Of View ◽  
Legal Systems ◽  
Or Groups ◽  
The World ◽  
The Law

The law uses ‘discrimination’ to denote practices of exclusion and distinction that are wrongful from a legal point of view. Anti-discrimination doctrines around the world use the concept of ‘wrongful distinctions’ to enumerate the ways in which irrelevant distinctions between individuals or groups are made and to explain their illegality. But how should the term ‘irrelevant’ be understood in this context? Most legal systems around the world use the term ‘irrelevant’ only in denunciation of distinctions based on ‘common,’ ‘classic,’ or ‘suspicious’ grounds, such as race-based or sex-based distinctions.

scholarly journals Revocation of will and judicial proceedings for declaring a will ineffective under the Law on Inheritance of Serbia with reference to other contemporary European legal systems

2021 ◽  
Vol 55 (1) ◽  
pp. 143-160
Author(s):  
Jelena Vidić-Trninić
Keyword(s):  
Legal Regulation ◽  
Court Decision ◽  
Legal Systems ◽  
Inheritance Law ◽  
Judicial Proceedings ◽  
The Will ◽  
The Law ◽  
The Right ◽  
Domestic Regulation ◽  
Made In

In Serbian law, a valid will can be revoked based on the will of the testator, more precisely through the revocation of the will or based on a court decision. This paper analyzes the solutions of the Law on Inheritance of Serbia, dedicated to the mentioned ways of revoking a last will, and at the same time examines the legal regulation of that issue in other legal systems in Europe. The author finds that in the realization of the right to revoke a will, the legislation of Serbia undoubtedly affirms the freedom of will, and that in that respect, it is in principle harmonized with the legal solutions observed on European legal soil. In the aspect of the purpose for which it is prescribed, a special advantage of domestic regulation is the possibility of declaring a will ineffective through a court decision. The author further considers that certain solutions that can be found in comparative law, such as the possibility to invalidate testamentary dispositions made in favour of former spouse, could be accepted in Serbian inheritance law as well. Finally, according to the author, some existing legal solutions dedicated to the revocation of wills, need to be specified and completed de lege ferenda, in order to achieve legal certainty.

scholarly journals Legally Binding Relationships with Regard to Digital Objects of Civil Rights

Lex Russica ◽  
2020 ◽  
Vol 73 (10) ◽  
pp. 21-31 ◽  
Author(s):  
O. S. Grin
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
General Rule ◽  
Point Of View ◽  
Digital Currency ◽  
Legal Nature ◽  
Digital Objects ◽  
The Law ◽  
The Right ◽  
Exclusive Right

The paper, based on the analysis of the legal nature of new digital objects of civil rights (digital rights, digital currency), makes conclusions concerning possible models of contractual relations arising from object’s data.The author relies on the fact that in relation to the category “a digital right” an independent object can be recognized only in connection with the peculiarities of the form of the object (the form in which the property rights are fixed) rather than its content. Token is seen as a technical concept. i.e. a digital way of fixing property rights. The paper substantiates that the retributive disposal of the digital right (both as a utilitarian digital right and a digital financial asset), according to which the digital right acquirer in order to transfer the right in question undertakes to pay a certain amount of money, under the general rule, should be qualified as a contract for the sale of a digital right. At the same time, in each case this also refers to the transfers the subject matter of which covers the transfer of a separate property right as an object of civil rights (cashless money, a book-entry security, a law of obligation (claims)) classified by law as a digital right.From the author’s point of view, digital currency in the system of objects of civil rights can be qualified only as “other property” in compliance with the the sui generis principle. It is concluded that transactions with digital currency should be classified as non-defined contracts. Contractual legal relations aimed at exchanging various objects for digital currency, in cases not contrary to the law, by analogy of the law, can be regulated under the rules applied to the contract of sale, the exclusive right alienation agreement or license agreement. Based on the special provisions of the law, a legally binding relationship regulating the digital currency, provided the tax authorities are not informed about such possession and transactions with such an object, has features of a natural obligation.

scholarly journals CURRENT QUESTIONS AND LEGAL ISSUES OF IMPROVING THE LEGISLATION ON STATE CONTROL OF THE TURNOVER OF CERTAIN KINDS OF WEAPONS IN MODERN CONDITIONS

2021 ◽  
Vol 4 (2) ◽  
pp. 24-37
Author(s):  
Miras I. Useinov
Keyword(s):  
Point Of View ◽  
Theory And Practice ◽  
Future Research ◽  
Scientific Article ◽  
State Control ◽  
Legal Problem ◽  
Topical Problem ◽  
Main Emphasis ◽  
The Law ◽  
The Right

The scientific article is devoted to the topical problem of the law on state control over the circulation of certain types of weapons, issues related to theory and practice at the present stage. The particular significance of this work is attached to the legal problems of the law on state control over the circulation of certain types of weapons, namely, the age of the citizen, according to which the right to acquire weapons is given. In the article, much attention is paid to the tragic events that are directly related to the illegal use of firearms in adolescence, the legislative acts of the neighboring countries are analyzed and examples are given. In addition, the author provides specific proposals for solving these problems. The relevance of the article is beyond doubt, as weapons have been one of the most fundamental problems of all time and remains an important milestone for future research. The scientific article is relevant because in recent years, crimes related to the use of firearms have sharply increased in different countries of the world, especially among young people. This demonstrates the importance and timeliness of this article. In the course of the study, the main emphasis is placed on the relevance of the legal problem of imperfection of the law on weapons. The material of the article has a pronounced author's line, since the author does not easily analyze the scientific positions of different authors, but also expresses his point of view.

scholarly journals Pendekatan Hermeneutika Khaled Abou Al-Fadl dalam Memahami Hadis Tentang Aborsi

2018 ◽  
Vol 1 (1) ◽  
pp. 70-83
Author(s):  
Sitti Aisyah M
Keyword(s):  
Problem Formulation ◽  
Point Of View ◽  
Human Beings ◽  
Living Thing ◽  
The Law ◽  
The Right

Every living thing that exists on this earth has the right to live, be it animals, plants, even more human beings who have the role of God's khalifah. Related to this, the Qur'an and Hadith have explained about the importance of the maintenance of the soul, reason, religion, property and descent. It is well known that abortion is a form of crime, because it eliminates the chance of life for a person, but it sometimes becomes the choice of some people, especially women in order to keep their life alive. Abortion is a classic issue that continues to be a conversation to the present day, so according to researchers it is important to be studied further. The problem formulation in this research are: 1) How is abortion viewed from the point of view of hermeneutics Abou Kahled el-Fadl? 2) What is the law of abortion based on the Prophet's hadith? This type of research is a literature using hermeneutics approach in understanding the hadith about the prohibition of abortion. The estimation of the findings of this study is that the abortion referred to by the hadith is an act of abortion done when the fetus has been given the soul / blowing of the soul and the cleric agrees on its prohibition and the abortionist is fined equal to freeing the slave. Although the reason for the implementation of abortion for each woman is different, but of course it has an effect on his psychology, because the choice of abortion is a very dilemma for a woman.

The Reception Process in Sweden and Norway

2008 ◽  
Author(s):  
Ola Wiklund
Keyword(s):  
European Union ◽  
Point Of View ◽  
Legal Systems ◽  
The European Union ◽  
The Law ◽  
Economic Nature

This chapter discusses the reception of the ECHR in Sweden and Norway. It shows that the true Europeanization of the legal systems of the two countries was initiated in the mid-90's. This legal transformation coincided with changes of an economic nature brought about by the process of globalization. From a legal point of view, globalization was brought about by the integration of two important regimes of law into the domestic system: the ECHR and the law of the European Union (EU).

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