The Roman origin of the trust (juridical–linguistic peculiarities)

2020 ◽  
Author(s):  
Irina Gvelesiani
Keyword(s):  
Legal System ◽  
Legal Institution ◽  
Anglo American ◽  
American Legal System

Abstract The trust is a unique institution of the Anglo-American legal system. Its adaptable character facilitates its popularity in the European juridical arena. It is generally believed that the trust arose from legal institution use, which was created in the British law of the 13–14th centuries as a mode of transferring assets. However, the issue of the origin of the use/trust is still very debatable. The article deals with the question of the Roman origin of the use. The research is oriented to the juridical and linguistic peculiarities.

scholarly journals Current Issues in Reforming the Institution of Acquisitive Prescription in Russia, England, Hong Kong and Australia

2021 ◽  
Vol 16 (10) ◽  
pp. 184-190
Author(s):  
A. A. Martynova
Keyword(s):  
Hong Kong ◽  
Legal System ◽  
Good Faith ◽  
Property Law ◽  
Legal Analysis ◽  
Legislative Reform ◽  
Foreign Experience ◽  
Anglo American ◽  
American Legal System ◽  
Controversial Nature

The author examines the problems of reforming the institution of acquisitive prescription in Russia, England, Hong Kong and Australia, and suggests some ways to solve them. The study was conducted with the aim of a detailed study of the institution of acquisitive prescription in continental and Anglo-American legal families. In addition, the author sets the goal of establishing the influence of foreign experience of changing the provisions on acquisitive prescription on the Russian reform of prescription ownership based on a comparative legal analysis of the already carried out legislative reform in England and the proposed changes in the real law of Russia, Hong Kong and Australia. The author makes conclusions on the controversial nature of the alleged provision on the rejection of the criterion of good faith of prescription ownership in Russia, on the narrowness of the declared goal of the Russian reform of the institution of acquisitive prescription; the indirect influence of the foreign experience of reforms in the jurisdictions of the Anglo-American legal system on the Russian reform of property law has been established.

scholarly journals INTERRELATION BETWEEN RESTITUTION AND UNJUST ENRICHMENT: LESSONS LEARNED FROM THE EXPERIENCE OF ANGLO-AMERICAN LEGAL SYSTEM

2016 ◽  
Vol 1 (6) ◽  
pp. 0-0
Author(s):  
Анна Джанаева ◽  
Anna Dzhanaeva
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Lessons Learned ◽  
Protection Measure ◽  
Law System ◽  
Unjust Enrichment ◽  
Judicial Practice ◽  
Russian Law ◽  
Anglo American ◽  
American Legal System

The article deals with the interrelation between restitution and unjust enrichment in the Russian and Anglo-American legal systems. The analysis is based on theoretical scientific opinions, as well as on the legislation and judicial practice. The article notes that in the Russian law the “absence of grounds” principle is used for unjust enrichment (which means that if there is no legal basis for enrichment, the rules on unjust enrichment should be applied), and in order to apply the restitution rules one must prove the “unfair factor” in the form of an invalid transaction (the basis for the application of legal rules is specified). The first approach is typical for unjust enrichment in the continental law system, the second one — in the Anglo-American legal system. The Russian legislation thereby simultaneously uses two criteria — most situations are covered by the “absence of ground” principle, and restitution as a consequence of transaction invalidation is set aside, in this situation the “unjust factor” principle is applied. Mixing two different approaches seems unjustified. In addition, the author notes that legal consequences and the nature of restitution and unjust enrichment in the Russian law are basically the same — both institutions have the aim to restore the legal status that existed before the person who unjustly enriched himself breached the law. The author concludes that there is a need to avoid duplication of legal institutions of unjust enrichment and restitution in the Russian law, and to make restitution a universal protection measure for any event of unjust enrichment.

INNOCENCE AND LIMITED INNOCENCE: THE PRACTICE OF THE ANGLO-AMERICAN LEGAL SYSTEM

2019 ◽  
pp. 48-54
Author(s):  
Ivanna Polonka
Keyword(s):  
Mental Illness ◽  
Legal System ◽  
Comprehensive Analysis ◽  
Practical Significance ◽  
Administration Of Justice ◽  
Legal Criterion ◽  
Anglo American ◽  
American Legal System ◽  
Extensive List ◽  
Logical Semantic

Purpose. The purpose of this paper is to study the norms of the Anglo-American legal family regarding the сriteria for innocence of the incapacitated subjects of objectively unlawful acts: medical and legal criteria. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, logical-semantic, functional, systemic-structural, comparatively legal. Results: In the course of the study, it was recognized that the law of countries within the Anglo-American legal system was characterized by clear problems with the formulation of both legal and medical criteria of insanity. The main reason for this omission is the application in practice of judicial precedents that have been adopted since the last century. Originality. The study identified a number of shortcomings of the Anglo-American legal family in determining the criteria of insanity, namely: there is no strong-willed character of the legal criterion; their indisputable character makes it impossible to deduce the intermediate states of the human psyche; the circumstances that the crimes may be committed by persons whose “defect of mind” does not take place as a result of mental illness are not taken into account; the burden of proving insanity is transferred to the defendant himself. The medical criterion of insanity in the Anglo-American legal family also raises a number of remarks, the main of which is a fairly extensive list of forms of mental illness and abnormalities, which provokes impunity for potential criminals. Practical significance. The results of the study can be used in law-making and enforcement activities in the administration of justice against incapacitated persons.

scholarly journals Some Specific Features Of Foreign Language Legal Concept Formation In Perception Of Law Students

2020 ◽  
Vol 88 ◽  
pp. 01016
Author(s):  
Enrique Quero Gervilla ◽  
Lilia Moiseenko ◽  
Maria Vikulina ◽  
Tatyana Uskova
Keyword(s):  
Foreign Language ◽  
Legal System ◽  
Native Speaker ◽  
Law Students ◽  
Legal Concept ◽  
Legal Communication ◽  
Anglo American ◽  
American Legal System ◽  
Legal Concepts ◽  
The Mind

In the process of studying a foreign language a student develops a conceptual view of the world similar to that of a native speaker’s. The structures of basic second language concepts formed in the process of education manifest certain differences from the concept structure in a native speaker’s perception. Similarities in the perception of a legal concept nucleus in the mind of a foreign language student and a native speaker play an essential role in legal communication, since inaccuracy of perception and misunderstanding may result in negative legal consequences. The authors believe it is important to make a point of associative-verbal networks which include different foreign language legal terms and are fixed in the minds of students who study legal English and the Anglo-American legal system. The purpose of the study is to reveal how well associative-verbal links and structures of legal concepts have been formed in the minds of law students, who study legal English and the Anglo-American legal system, as well as to examine the principles according to which associates get fixed in their minds. As a research method the authors applied a free associative experiment, since this is the easiest way to establish links between ideas and concepts in an individual’s mind.

Conflicting Duties in Criminal Law

2019 ◽  
Vol 22 (1) ◽  
pp. 34-72
Author(s):  
Ivó Coca-Vila
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Critical Review ◽  
Point Of View ◽  
The Other ◽  
Legal Institution ◽  
Anglo American ◽  
Formal Point

Despite the great interest aroused among Anglo-American criminal law scholars by the justification of necessity, the conflict of duties as a separate defense sui generis has gone largely unnoticed until now. The aim of this paper is to fill the gap by providing a critical review of the concept and foundation for a conflict of duties as defense in the continental criminal law. Regarding the former, this legal institution is defined as a conflict between grounds of obligation that cannot be cumulatively fulfilled. Their deontic nature (prohibited or required) is thus irrelevant. With regard to the second issue, the argument is made that the solution of the collision involves a judgment set out to hierarchically arrange the colliding reasons from a formal point of view that is respectful with the principles of autonomy and solidarity. Therefore, the obligor must only fulfill the strongest ground of obligation—the only duty that can be legitimized in the particular situation—or, when before a conflict between equivalent grounds of obligation, they must comply with the disjunctive or alternative duty—aid one or the other—which the legal system imposes on them.

scholarly journals Informing reform: The views of legal professionals on the unique aspects of Scottish Law

2021 ◽  
pp. 002580242199291
Author(s):  
Lee John Curley ◽  
James Munro ◽  
Lara A Frumkin ◽  
Jim Turner
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Online Survey ◽  
Simple Majority ◽  
Political Debate ◽  
Legal Professionals ◽  
Positive Attitudes ◽  
Qualified Majority ◽  
Anglo American ◽  
American Legal System

The unique Scottish legal system stands apart from the better-known Anglo-American legal system, with variations relating to jury size (15 vs. 12), the number of verdicts available (3 vs. 2) and majority size (simple majority vs. unanimous). At present, only a handful of investigations have explored the effects of the Scottish ‘not proven’ verdict on jurors, and only a single study has explored the combined impact of the unique elements of the Scottish legal system on juror and jury decision making. The current study is the first to investigate the views of Scottish legal professionals on the three-verdict system, 15-person jury and simple majority verdict system. The aim of the study is to inform public and political debate, involve legal stakeholders in policy changes and decision making and compare legal professionals’ views with findings from previously conducted juror studies. Seventy-eight legal professionals took part in an online survey which asked for ratings and open responses on their attitudes to the Scottish (a) three-verdict system, (b) 15-person jury and (c) simple majority system. The results highlighted strong positive attitudes towards the ‘not proven’ verdict (particularly in a binary-verdict system of proven and not proven), 15-person juries and both the simple and qualified majority verdict systems. There was minimal support for reform towards an Anglo-American system. Instead, the reforms preferred by the legal professionals would be to require a qualified majority of 12/15 jurors, and to use a binary-verdict system of proven and not proven.

scholarly journals Ang lo - American Common Law and the Implementation in Vietnam

2021 ◽  
Vol 37 (1) ◽  
Author(s):  
Nguyen Dang Dung ◽  
Nguyen Dang Duy
Keyword(s):  
Legal System ◽  
Common Law ◽  
Legal Systems ◽  
Anglo American ◽  
American Legal System

Due to characteristics of the socialist legal system, in the process of development and integration, Vietnam needs to absorb the advantages of other legal systems. The paper analyzes the features and advantages of sources of the Anglo-American legal system and lessons for Vietnam.

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