System of means of individualization of individuals as subjects of civil law

2019 ◽  
Author(s):  
Светлана Лукашевич ◽  
Svetlana Lukashevich
Keyword(s):  
Graduate Students ◽  
Public Services ◽  
Family Law ◽  
Civil Law ◽  
Forensic Identification ◽  
Educational Institutions ◽  
Scientific Representation ◽  
Legal Definition ◽  
Definition Of

In the monograph the complex scientific representation about system of means of individualization of subjects of civil law - physical persons is formulated. the place of Institute of civil-legal means of individualization of the physical person in system of civil law is Defined. The possibility of using methods of forensic identification in civil relations is considered. The necessity of such use and, as a consequence, the need for its legislative consolidation in the framework of civil, business and family law is substantiated. Legal definition of "individualization of physical persons" and "means of individualization", considered the possible classification of such assets and the problems of their application subjects of civil relations, and proposes the main ways to improve this tool. Designed for legal scholars, as well as graduate students, students of educational institutions, practitioners in the field of law and public services. May be of interest to employees of legislative authorities and state bodies.

scholarly journals THE PROBLEM OF DETERMINING THE LEGAL REGIME OF “DISPUTED” REAL ESTATE: THEORETICAL AND PRACTICAL ASPECTS

2021 ◽  
pp. 19-24
Author(s):  
N.A. Pronina ◽  
T.N. Platunova ◽  
S.O. Kostyakova
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Civil Law ◽  
Property Right ◽  
Legal Regime ◽  
Land Plot ◽  
Legal Definition ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article raises the following topical problems currently inherent in the institution of real estate in theRussian Federation: the unsuccessful legal definition of a real estate object, enshrined in Art. 131 of the CivilCode of the Russian Federation; qualification of objects as immovable and, accordingly, delimitation of themfrom movable ones; the emergence of objects with a controversial legal regime; the need to move from themodel of “plurality” to the model of “unity” of real estate objects. Also, the authors of this article analyzea number of approaches aimed at resolving the above problems and the possible consequences (both positiveand negative) of their implementation in practice, put forward their views and offer their own solutionto these problems. A variant of the legalization of “disputable” objects is proposed by introducing the rightof construction into the civil law of the Russian Federation as a limited property right to use a land plot withthe extension of this right to everything that is being built on such a land plot. The examples of legislativeregulation of the right to build in the civil law of pre-revolutionary Russia are considered, the elements of theright to build in the current law of the Russian Federation are revealed.

Intersectional relations between executive law and civil law of Ukraine

2021 ◽  
pp. 169-175
Author(s):  
N. Sergiienko
Keyword(s):  
Legal Status ◽  
Mutual Influence ◽  
Civil Law ◽  
Scientific Research ◽  
Civil Code ◽  
Scientific Article ◽  
Executive Process ◽  
The Subject ◽  
Definition Of

The scientific article is devoted to analyze the intersectional relations between executive law of Ukraine and civil law of Ukraine. The classification of forms of intersectional relations, offered by M.Yu Chelyshev, was taken as the ground of theoretical and methodological base of scientific research the intersectional relations between executive law of Ukraine and civil law of Ukraine. Even though this scientist-lawyer researched the intersectional relations of civil law, grounding on the subject of his scientific researches, his classification is stated as universal and grounded enough and can be used for different legal researches. In the scientific article the intersectional relations between executive law of and civil law of Ukraine are discovered though direction as follows: 1) intersectional interaction between executive law of Ukraine and civil law of Ukraine (it represents by using in executive law definitions and constructions of civil law. As an example of definitions and constructions of civil law, that are used in executive law, can be stated the definition of agreement); 2) intersectional influence between executive law and civil law (it represents by mutual influence of compositions of executive law and civil law, especially norms and institutions. The bright example of that mutual influence is the legal status of some kinds of property on the context of forfeiture the property – some kinds of property are out of forfeiture in the executive process, despite that property are out of turnover restrictions); 4) intersectional legal and collision regulation (it represents by direct and indirect mutual renvois between civil legislation and executive legislation. As an example can be used the direct renvoi to art. 28 of The Civil Code of Ukraine from subpar. 5 par. 2 sec. III of The Instruction of Compulsory Execution Organization, approved by The Ministry of Justice of Ukraine from 02.04.2012 under № 512/5).

scholarly journals The Legal Definition of Railway Areas in Poland. The Limitations of Investment and Conducting Business Activity on the Railway Areas

2018 ◽  
Vol 8 ◽  
Author(s):  
Piotr Szulc
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Business Activity ◽  
Railway Transport ◽  
Legal Regime ◽  
Legal Definition ◽  
Administrative Courts ◽  
Definition Of

The paper analyses the legal definition of railway areas in Poland based on the Railway Transport Act. The author tries to find an answer to the question of what the legal status of railway areas in the Polish legal system is, with emphasis on the classification of railway areas to the wider group of special areas. Moreover, the paper describes the restrictions on investments on railway areas which are presented based on the previous judicature of the Polish administrative courts. Then other detailed obligations resulting from the special legal regime in this area are explained.

Poisoning Cases: Suicide or Accident

1974 ◽  
Vol 124 (583) ◽  
pp. 526-530 ◽  
Author(s):  
B. M. Barraclough
Keyword(s):  
Preventive Medicine ◽  
Suicide Rate ◽  
Causes Of Death ◽  
Accidental Poisoning ◽  
Legal Definition ◽  
Definition Of ◽  
Limits Of Error

The accurate classification of causes of death is fundamental to progress in preventive medicine. Classifying death by poisoning may be specially difficult because the exact distinction between deliberate and accidental poisoning is inherently difficult for the coroner to make. Thus figures for suicidal poisoning are likely to be under-estimated because of ambiguous evidence and because of the stringent legal definition of suicide which coroners must apply. An examination of the drugs involved in poisoning cases, comparing their frequencies in the suicide and accident categories, may throw some light on the validity of coroners' present methods of classifying and provide evidence about the limits of error of under-estimation of the suicide rate.

scholarly journals Legal Definition of Irresistible Force in the Civil Law of Russia and China

2021 ◽  
Vol 8 (3) ◽  
pp. 93-120
Author(s):  
S. Zimneva ◽  
T. Popova ◽  
H. Siao
Keyword(s):  
Civil Law ◽  
Theoretical Concept ◽  
Republic Of China ◽  
Legal Definition ◽  
Judicial Practice ◽  
Legal Literature ◽  
Force Majeure ◽  
Coronavirus Infection ◽  
Russian Law ◽  
Definition Of

The research focus is on concept of force majeure and irresistible force as a reason to release the parties from liability for failure to perform civil obligations. The authors examine theoretical concept and legal definition of “irresistible force” and its characteristics based on legislation, legal literature and judicial practice of the Russian Federation and the People’s Republic of China. Also, the authors analyze the civil law jurisdictions on irresistible force, relatively to its ambiguity and situation with the spread of the new coronavirus infection (COVID-19) and come to the conclusion that courts in each specific case should establish irresistible force circumstances. The work uses a linguistic (philological) method, in particular, the method of distributive analysis of the terms “irresistible force” and “force majeure.” The article shows that in modern Russian law the expression “irresistible force circumstances” has more efficient terminological potential. The authors propose implementation of “irresistible force circumstances” concept in the Russian Civil Code, which would more accurately reflect the essence of this concept.

scholarly journals Establishment of things

2006 ◽  
Vol 78 (9) ◽  
pp. 413-441
Author(s):  
Janko Kubinjec
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Property Law ◽  
Human Relationship ◽  
Legal Concept ◽  
Legal Definition ◽  
The Law ◽  
Definition Of

Legal concept of person is to be constituted, while the legal concept of thing is to be established. Legal concept of thing is a metaphysical category that shall be differentiated from the positive-legal definition of thing as an empirical phenomenon, as well from the natural thing, which is also as an empirical phenomenon. Legal concept of thing is a spiritual phenomenon, which belongs to the field of objective spirit. The thing is the basis for the entire civil law. The wrong conclusion that civil law starts with ownership and ownership with possession, is based on the so called naturalistic error. For the title, the thing is primarily a freedom for the person, while the mortgage is the border with which the owner is confronted. At the point where freedom overflows from person to thing we have erga omnes effect of property rights. It is not possible to clearly and materially differentiate person from the thing without defining the law as the freedom, and without making this distinction, the persons can also be defined as res cogitans. In the property law, the essence is manifested through the human relationship. In the law of the contracts and torts the thing is neglected up to the point where we come to property, and point where property becomes the claim. If, in addition to that, directly natural refutation of things is produced, we are faced with the legal concept of damages. In the authentic law, the succession is always the concept pertaining to things and only in the non authentic law it may be the concept pertaining to persons.

scholarly journals Translation Methods Applied to Approach the Incongruity of Terms in Polish and British Criminal Law

2021 ◽  
Vol 18 (1) ◽  
pp. 210-230
Author(s):  
Anna Kizińska
Keyword(s):  
Northern Ireland ◽  
Criminal Law ◽  
English Language ◽  
Family Law ◽  
Civil Law ◽  
Criminal Code ◽  
Initial Stage ◽  
Translation Methods ◽  
Law Texts

Summary The research analyses incongruent Polish and British criminal law terms. British terms are the names of legal institutions characteristic of three independent legal systems: of England and Wales, Scotland or Northern Ireland. The Polish terms that have been discussed come from the Polish Criminal Code Act of 6 June 1997 (Journal of Laws 1997 No. 88 item 553). Moreover, they are legal terms pursuant to their interpretation by Morawski (1980, p. 187). The English equivalents under analysis have appeared in four Polish Criminal Code translations into English. The research aims at a verification of whether or not the classification of translation methods applied in the Polish-English translation of incongruent succession and family law terms (called civil law terms) (Kizińska, 2015, p. 175–178) encompasses translation methods used in the process of translation of incongruent law terms characteristic of criminal law into English. In the paper the translation method is interpreted according to the definition by Hejwowski (2004, p. 76). In the theoretical part of the paper the following linguistic phenomena have been presented: a term (by Zmarzer & Lukszyn, 2001, p. 9) and incongruity of terms (by Šarčević, 1989, p. 278). In the initial stage of the analysis the definitions of a given Polish term and its suggested equivalents have been compared. Next, the appearance of a given equivalent in the sources of British law texts as well as the English language has been checked to determine the translation methods used while forming a given equivalent. Finally, the list of translation methods applied has been drafted, to conclude, among other things, that the translation methods presented in the above-mentioned typology of translation methods applied in the translation of incongruent civil law terms from Polish into English are to be determined as exclusively primary or secondary.

scholarly journals Institution of Liability arising due to Causing Harm: Current State and Ways of Improvement

2019 ◽  
pp. 68-78
Author(s):  
L. K. Ostrikova
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
Public Authority ◽  
Tort Liability ◽  
Criminal Proceedings ◽  
Legal Relation ◽  
Current State ◽  
Governmental Power ◽  
Definition Of

The article is devoted to the institution of obligations arising due to causing harm in the light of the reform of civil legislation and established law enforcement practice. On the basis of the effective legislation analysis, analysis of the doctrine and jurisprudence, the author explores the concept of harm. The paper provides for the classification of characteristic cases of causing harm to participants of relations regulated under civil law. It is concluded that the absence of the legal definition of the concept “harm” widely used in the Russian legislation has led to the confusion of the legal categories of “causing harm” and “causing losses” as grounds for tort liability in public sectors of legislation and jurisprudence. The paper contains the author’s classifications of types of harm caused to property. The article reveals the content of the concept of non-property (reputational) harm caused to a legal entity. A comparative study of the concepts of “harm,” “damages,” “losses” has been carried out. It is concluded that tort liability can be imposed if harm rather than losses has been caused. The author explores the issues of application of recovery if losses are caused. The author analyzes the subinstitution — obligations arising due to harm caused by acts of public authority — in the field of public administration and law enforcement. The paper examines conditions for imposing tort liability for harm caused by state bodies and local self-government bodies, as well as their officials, and features of the subject composition of tort obligations. The author draws attention to the civil law nature of legal relations arising as a result of causing harm in the field of criminal proceedings, focuses on features of tort liability for harm caused in the field of criminal proceedings and subject composition of tort liability for causing harm in the field of governmental power. The author proposes to introduce into the effective civil legislation the rule containing the definition of the concept of harm as a generic concept. It is proposed to supplement the institution of liability arising as the result of causing harm with provisions regarding a public law entity whose property may be damaged and the classification of the harm caused to the participants of legal relation regulated under civil law. It is proposed to make a number of changes and additions to the subinstitution — obligations arising as the result of harm caused by the acts of public authority.

scholarly journals An Institution of Liability for Causing Harm: A Current State and Ways of Improvement

2020 ◽  
Vol 1 (12) ◽  
pp. 43-52
Author(s):  
L. K. Ostrikova
Keyword(s):  
Civil Law ◽  
Public Law ◽  
Public Authority ◽  
Tort Liability ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
Current State ◽  
Definition Of ◽  
Damages And Losses

The concept of harm has been examined in the context of the current legislation, doctrine, judicial practice. The paper has determined characteristic cases of causing harm to the participants of relations regulated under civil law. It is concluded that the absence of a legal definition of the concept of harm has resulted in the confusion of the legal categories “causing harm” and “causing damages” as a condition for tort liability in public law and judicial practice. The author has given her own classification of types of harm and determined classification of property damage. The paper has clarified the content of the concept of non-property (reputational) harm caused to a legal entity. The paper has carried out a comparative study of the concepts harm, damages, and losses. It is causing harm rather than causing damages that gives rise to tort liability. The paper has examined the problems of application of rules on recovery of caused damages. The paper analyzes the subinstitution, namely, obligations arising as a result of harm caused by acts of public authority in the field of public administration and law enforcement. The author has determined the features of tort liability conditions for damage caused by state authorities, local selfgovernment bodies and their officials and peculiarities of their subject composition. Attention is drawn to the civil law nature of binding legal relations arising as a result of harm in the field of criminal proceedings. The author has determined the features of tort liability for damage caused by officials during criminal procedural activity, subject composition of a tort obligation. It is proposed to introduce a defining norm of the concept harm as a generic concept and norms on specific division of harm. It is proposed to make a number of changes and additions to the subinstitution of obligation due to damage by acts of public authority.

Clarifying the Definition of Nonsuicidal Self-Injury

Crisis ◽  
2021 ◽  
pp. 1-8
Author(s):  
Gregory J. Lengel ◽  
Brooke A. Ammerman ◽  
Jason J. Washburn
Keyword(s):  
Graduate Students ◽  
Excellent Agreement ◽  
Operational Definition ◽  
Self Injury ◽  
Assessment Measures ◽  
Definition Of ◽  
Good Agreement ◽  
Nonsuicidal Self Injury

Abstract. Background: Challenges and inconsistencies in defining nonsuicidal self-injury (NSSI) have persisted for decades, which significantly impact NSSI conceptualization and assessment in clinical and research settings and impede the field's progress. Aims: The present study aimed to solicit opinions from individuals with NSSI expertise so as to improve the operational definition and conceptualization of NSSI. Method: We asked researchers, clinicians, and graduate students with varying NSSI expertise to provide opinions on six NSSI definitional components (e.g., whether pain should be a required outcome), as well as to review 118 behaviors and indicate whether each is NSSI. Results: Responses ( N = 159) revealed good agreement on specific NSSI definitional aspects and the classification of oft-cited NSSI behaviors. However, findings also demonstrated potential discrepancies in how clinicians and researchers define NSSI when compared with specific behaviors that might be classified as NSSI. Limitations: The opinions of the study's sample may not reflect the wider NSSI field. Conclusion: Findings suggest that there is an increased need for a clear and consistent definition of NSSI and specific NSSI behaviors. There is also a need to develop new assessment measures that capture the range of NSSI behaviors that received good-to-excellent agreement among self-injury experts.

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