Ecological Damage Restoration Mechanism from the Perspective of Coordinating Public Law and Private Law—Taking Article 1234 of the Civil Code as a Starting Point

2021 ◽  
Vol 07 (04) ◽  
pp. 145-152
Author(s):  
伟轩 罗
Keyword(s):  
Public Law ◽  
Civil Code ◽  
Private Law ◽  
Ecological Damage ◽  
Starting Point ◽  
Restoration Mechanism

scholarly journals Evaluation Concepts in Russian Codifications of Civil Law

Lex Russica ◽  
2019 ◽  
pp. 37-50
Author(s):  
V. G. Golubtsov
Keyword(s):  
Essential Feature ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
Civil Code ◽  
Property Law ◽  
Private Law ◽  
Private And Public ◽  
The Impact ◽  
Basic Evaluation

Based on general legal and civilistic experience in the study of evaluative concepts, the author investigates the general and the specific in their civil law nature. As the result of the study, the author draws the conclusion that the existence of evaluative concepts forms a distinctive essential feature of civil law as private law. It is noted, however, that the doctrine, law-maker and law-enforcer need basic guidelines that will allow to define objective criteria for nominating concepts as evaluative, as well as for determining the boundaries of their systematic interpretation. Also, the author concludes that the impact of evaluation concepts on legal regulation in private and public law is different. In civil law, depending on the localization in the text of the Civil Code, it is possible to distinguish two groups of evaluation concepts. The first group includes the basic evaluation concepts that allow us to see the goals, meaning and specifics of civil law regulation. The second group, in the author’s opinion, includes peripheral evaluation concepts that are utilized by property law and separate contractual constructions and the presence of which allows to avoid unnecessary causality and, at the same time, makes it possible to bring legal regulation closer to real relations.

Preventive Duties under Private and Public Law scilicet spei permultum sed rei paulum

2020 ◽  
Vol 2 (103) ◽  
pp. 51-71
Author(s):  
Dariusz Fuchs
Keyword(s):  
Contract Law ◽  
Legal Aspects ◽  
Public Law ◽  
Civil Code ◽  
Insurance Contract ◽  
Private Law ◽  
Public And Private ◽  
Private And Public ◽  
European Insurance ◽  
The Relationship

The article aims at discussing preventive obligations incumbent on the insurer and other entities of the insurance relationship, in particular on the policyholder. The analysis takes into account comparative legal aspects, and therefore refers to the Principles of European Insurance Contract Law (PEICL). The author emphasizes the evolution of the provision of Article 826 of the Civil Code, which has changed his views on the scope of the preventive obligation under insurance contract. He points out the possible differences of interpretation as to the scope of the prevention as well as the issue of the insurer's reimbursement of costs due to its implementation by the policyholder. What is more, the relationship between public and private law standards has been presented, with a particular focus on Article 826 of the Civil Code. Finally, de lege ferenda conclusions have been presented.

Юридичні особи публічного права за цивільним законодавством України

2017 ◽  
Vol 70 (0) ◽  
pp. 0-0
Author(s):  
Włodzimierz Zubar
Keyword(s):  
Public Law ◽  
Civil Code ◽  
Private Law ◽  
Characteristic Features ◽  
Selection Of ◽  
Legal Entities

The article studies the characteristic features of legal entities of public law in accordance with the Civil Code of Ukraine. Comparative characteristics of legal entities of public law and private law is carried out. Criteria of differentiation of these two types of legal entities are distinguished. In addition, the arguments of authors who deny the need for selection of legal entities of public law as an independent participant of civil legal relations are considered and assessed.

scholarly journals Das ukrainische Wirtschaftsgesetzbuch im Lichte der Zivilrechtsreform

2020 ◽  
Vol 66 (2) ◽  
pp. 288-299
Author(s):  
Eugenia Kurzynsky-Singer
Keyword(s):  
Legal System ◽  
Public Law ◽  
Civil Code ◽  
Social Conditions ◽  
Private Law ◽  
Commercial Law ◽  
Legal Reforms ◽  
Careful Revision ◽  
Legal Thinking ◽  
The Individual

The coexistence of the Civil Code and the Economic Code is a speciality of the Ukrainian legal system which distinguishes it from the most other jurisdictions in the post-Soviet area. The Economic Code is controversially discussed among legal scholars, whereby the most discussed points are the legislative technique of combining public law and private law issues, as well as the fact that some provisions of the Economic Code contradict provisions of the Civil Code. Having its roots in the Soviet legal system and the academic discourse of the Soviet era, the Economic Code to a certain extent conserves Soviet legal thinking in contemporary Ukrainian law. Thus, the reform of economic law should be one of the priorities of legal reforms in Ukraine. A careful revision of the individual provisions and general principles of Ukrainian commercial law with regard to the question whether they are still functional under the current economic and social conditions would be much more important than a general discussion about the Economic Code as such.

scholarly journals Legal and Historical Prerequisites for the Transfer (Inheritance) of the Deceased Person Property to Public Legal Entities

2020 ◽  
pp. 125-137
Author(s):  
Maryna BORYSLAVSKA
Keyword(s):  
Public Law ◽  
Civil Code ◽  
The State ◽  
Private Law ◽  
Legal Capacity ◽  
Public And Private ◽  
Legal Personality ◽  
The Status ◽  
Legal Capability ◽  
Legal Entities

The article studies the peculiarities of participation in civil relations of such public legal entities as the state and the territorial community. It is established that according to part 2 of Article 2 of the Civil Code of Ukraine, along with legal persons of public law, they are assigned to subjects of public law. Full determination of the status of public entities in private law remains problematic. This is due to the dual status of these entities: as participants in public and private relations. It is stated that despite the fact that the State and territorial communities are primarily subjects of public law, they take part in civil relations, taking into account the signs of these relations defined in the Civil Code of Ukraine. The classification of public legal entities as special entities leads to their participation in civil relations through state authorities and other entities that are legal persons; representation of their interests by physical persons is not excluded. It is confirmed that the civil legal capability and legal capacity of public legal entities is reduced to the legal capacity of bodies acting in their interests. The acquisition of legal personality by public legal entities is carried out mainly in accordance with the norms of constitutional and administrative law. It is determined that the civil legal capacity of public legal entities is limited in scope. On the basis of the analysis of acts of legislation on inheritance of the Soviet and modern period, it is established that the current legislation provides for the maximum removal of public legal entities from the field of private law. This is manifested in hereditary relationships. Public law entities may acquire ownership of the property of the deceased if: 1) a will is drawn up in their favor; 2) if the property was not inherited by the heirs and by decision of the court is recognized as fictitious and becomes the property of the territorial community. It is confirmed that under Ukrainian law the transfer of fictitious property to communal property is not recognized as inheritance. Separately, it should be noted that before the entry into force of the Civil Code of Ukraine of 2003, fictitious property in Ukraine was inherited by the state, now by territorial communities.

scholarly journals Typological models of legal regulation of matrimonial relations through the prism of comparative approach in private law

2021 ◽  
pp. 114-125
Author(s):  
Evgeniya Pavlovna Parii-Sergeenko
Keyword(s):  
Legal System ◽  
Family Law ◽  
Legal Regulation ◽  
Public Law ◽  
Civil Code ◽  
Comparative Approach ◽  
Private Law ◽  
Legal Analysis ◽  
Exclusive Jurisdiction ◽  
Legal Criterion

This article outlines a number of typological models of legal regulation of matrimonial relations using the method of comparative-legal analysis. Leaning on the formal-legal approach, analysis is conducted on certain typological models. First and foremost, the author explores the model that is based on inclusion of the norms of family law in the Civil Code. It features two basic modifications that take roots in the reference European codifications of civil law: French (institutional) and German (pandect). Another typological model under review relies on coexistence of the two separate codes within the national legal system: civil and family. The typological distinctness characterizes the model that is based on inclusion of the norms of special statutes dedicated to family law in the Single Civil Code (for example, PRC). The development of family law may take the path of adoption of separate legislative acts (UK, USA). In some instances, federative nature of the country may also affect the development of the system of sources of family law. The countries with pluralistic legal system, either have exclusive jurisdiction over matters of family law (for example, Israel), or stimulate the processes of its modernization through adoption of a special law (for example, India). The author believes that the formal-legal criterion of typology should be correlated with the substantive aspect of the matter. From this perspective, the author highlight the two trends in regulation of matrimonial relations: the first is associated with strengthening of public law principles, while the second is associated with private law principles. The typological model depends on the dynamics of their ratio.

The use and Enforcement of Soft Law by Australian Public Authorities

2014 ◽  
Vol 42 (1) ◽  
pp. 1-37 ◽  
Author(s):  
Greg Weeks
Keyword(s):  
Judicial Review ◽  
Public Law ◽  
Soft Law ◽  
Private Law ◽  
Public Authorities ◽  
Regulatory Aspects ◽  
Highly Effective ◽  
Judicial Remedies

Soft law is a pervasive phenomenon which is highly effective as a means of regulation in Australia, as it is in many other jurisdictions. This article will not focus on the regulatory aspects of soft law, but will examine the capacity of individuals to obtain remedies where public authorities fail to adhere to the terms of their published soft law. The available judicial remedies apply in very limited circumstances, both in private law actions (in tort or equity) and public law (judicial review) actions. Ultimately, the most effective ways to remedy breaches of soft law appear also to be ‘soft’, such as recommendations of the Ombudsman and discretionary schemes for ex gratia payments.

User Property, User Rights, and User Privileges

2017 ◽  
Author(s):  
Pascale Chapdelaine
Keyword(s):  
Public Law ◽  
Copyright Law ◽  
Future Application ◽  
Private Law ◽  
The Public ◽  
Freedom Of Contract ◽  
Competing Interests ◽  
Regulatory Changes ◽  
Law And Policy ◽  
User Property

This chapter proposes two principles that should inform the development of copyright law and policy and of user rights. The first calls for more cohesion between copyright law, private law, and public law, and for less exceptionalism in copyright law. The second requires that the balance in copyright law be adjusted for its future application as a mediation tool between the competing interests of copyright holders, users, intermediaries, and the public. Instituting positive obligations for copyright holders in relation to users and steering freedom of contract toward the objectives of copyright law are necessary regulatory changes to rectify ongoing imbalances. The principle of technological neutrality should guide the judiciary in its application of copyright’s objective of promoting a balance in copyright law. The proposed guiding principles lead to the creation of a taxonomy and hierarchy of copyright user rights that take into account the myriad ways users experience copyright works.

Law and Economics

2020 ◽  
pp. 84-102
Author(s):  
Daniel B. Kelly
Keyword(s):  
Economic Analysis ◽  
First Generation ◽  
Law And Economics ◽  
Private Law ◽  
Foreseeable Future ◽  
Business Associations ◽  
The Third ◽  
Starting Point ◽  
The Law ◽  
The Impact

This chapter analyzes how law and economics influences private law and how (new) private law is influencing law and economics. It focuses on three generation or “waves” within law and economics and how they approach private law. In the first generation, many scholars took the law as a starting point and attempted to use economic insights to explain, justify, or reform legal doctrines, institutions, and structures. In the second generation, the “law” at times became secondary, with more focus on theory and less focus on doctrines, institutions, and structures. But this generation also relied increasingly on empirical analysis. In the third generation, which includes scholars in the New Private Law (NPL), there has been a resurgence of interest in the law and legal institutions. To be sure, NPL scholars analyze the law using various approaches, with some more and some less predisposed to economic analysis. However, economic analysis will continue to be a major force on private law, including the New Private Law, for the foreseeable future. The chapter considers three foundational private law areas: property, contracts, and torts. For each area, it discusses the major ideas that economic analysis has contributed to private law, and surveys contributions of the NPL. The chapter also looks at the impact of law and economics on advanced private law areas, such as business associations, trusts and estates, and intellectual property.

Sign in / Sign up

Export Citation Format

Share Document