scholarly journals ON COMPARATIVE LAW STUDIES IN THE FIELD OF PRIVATE (CIVIL) LAW

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Наталья Семилютина ◽  
Natalya Semilyutina
Keyword(s):  
Comparative Analysis ◽  
Public Interest ◽  
Civil Law ◽  
Comparative Law ◽  
Legal Rules ◽  
The Public ◽  
Legal Relationship ◽  
Legal Position ◽  
The Subject

The article analyses the origins of comparative civil law studies in Russia starting from the reforms of tsar Peter I. The author understands comparative civil law as a branch of legal science that makes comparative law studies applying the civil law methodology. The civil law methodology is applied by a researcher who studies legal relationship between the parties which are in equal legal position. The analysis of legal rules of various countries, regulating of alike legal relationship in different countries affords to find the best way to regulate the corresponding relationship. The purposes of comparative analysis varied in various periods of the development of Russia. The role of the Institute and the comparative law studies related to civil law are also the subject of the present article. Within the article the author pays attention to tendencies in the foreign civil law regulation such as extraterritorial application of the rules of law, or the effect of the public interest presence.

scholarly journals The organizational relations as a part of a sub ject of civil regulation

10.12737/5579 ◽  
2014 ◽  
Vol 2 (2) ◽  
pp. 77-86
Author(s):  
Гаяне Маилян ◽  
Gayane Mailyan
Keyword(s):  
Public Relations ◽  
Civil Law ◽  
The Public ◽  
Property Relations ◽  
Stage Of Development ◽  
Legal Relationship ◽  
Civil Regulation ◽  
Organizational Relations ◽  
The Subject

In article the role of the organizational relations as a part of a subject of civil regulation is considered. It is noted that at the present stage of development of society the tendency in increase in a range of the organizational relations regulated by civil law is observed. The organizational relations, acting as an intermediate link in formation and development of the property relations, are an integral part practically any relations. Taking into account it is in process of complication of the content of civil legal relationship — the organizational relations demand special regulation. The subject of civil regulation includes three groups of the organizational relations: 1) the organizational and property; 2) the organizational and corporate; 3) the organizational and non-property. In civil law it is necessary to talk about the public relations which are organizational, instead of about properties of the relations. Here it is important to find border when some «natural actions» are still indissoluble part of certain relations and when they pass into the category of the independent organizational relations.

scholarly journals To the problems of difference in interpretations of the plot of D. D. Shostakovich’s ballet “The Limpid Stream”

2020 ◽  
pp. 43-51
Author(s):  
Daria Khokhlova
Keyword(s):  
Comparative Analysis ◽  
Peer Review ◽  
English Language ◽  
Main Tool ◽  
Practical Experience ◽  
Peer Reviews ◽  
The Public ◽  
The Subject

The object of this research is the plot of D. D. Shostakovich’s ballet “The Limpid Stream”. The subject is the interpretation of this plot in the versions of F. G Lopukhov (1935) and A. O. Ratmansky (2003), as well as peer review on these spectacles. The goal of this work consists in determination of the crucial for the concepts of ballet masters differences of libretto (as a literary foundation of the plot) in the three versions of the ballet, and comparison of perception of the plot in the year of its first staging and at the present. The considered problematic required application of historical approach – attraction of the materials and articles for the period of 1935-1936. The historiographical analysis allowed translating and examining one of the most recent peer reviews on the spectacle – the English-language reviews on the “Limpid Stream” of Ratmansky, presented on the London tour of Bolshoi Theatre in August 2019. The article also utilizes practical experience of author’s work with Ratmansky and participation in the aforementioned tours (performing the role of Zina).The main tool for solution of the set problem became the comparative analysis of the varieties of libretto (authors – Lopukhov and Piotrovsky) of the three versions of ballet “The Limpid Stream”. It is concluded that the first versions of ballet were popular among the public, but aroused negative or ambiguous feedback, which led to the removal of spectacle from the repertoire. The last version is regularly performed in the repertoire of Bolshoi Theatre, including on the tour, being well regarded by the public and sophisticated British critics.

scholarly journals Subject-matter Jurisdiction of Courts of First Instance in the Jordanian Judicial System

2021 ◽  
Vol 58 (1) ◽  
pp. 820-832
Author(s):  
Dr. Fahad Yousef Al-Kasassbeh
Keyword(s):  
Public Interest ◽  
Subject Matter ◽  
Judicial System ◽  
Public Order ◽  
Legal Rules ◽  
The Public ◽  
Territorial Jurisdiction ◽  
The Subject ◽  
Criminal Matters ◽  
Court Of First Instance

It is established that the jurisdictional rules are binding legal rules. The parties to whom provisions of these rules apply are required to comply with them, since the binding nature of rules of subject-matter jurisdiction oblige the parties to the proceedings, whether plaintiff or defendant, to adhere to them. Further, the public prosecutor’s office and courts are required to comply with these rules. If a court finds that it does not have jurisdiction over a case or a complaint filed before it, then it should declare lack of jurisdiction. It is established that rules of subject-matter jurisdiction are part of the public order. This is since the legislator determines such jurisdiction for a public interest, i.e. the justice. Hence, violating the rules of subject-matter jurisdiction results in absolute invalidity. This study aims to identify the subject-matter jurisdiction of the court of first instance without dealing with the territorial jurisdiction. This is in view of the problems that the subject-matter jurisdiction raises, especially with the large number of amendments made to the legislations that define this jurisdiction without the knowledge of the relevant parties, which raises a kind of confusion and ambiguity. The nature of subject-matter jurisdiction is defined in the introductory topic of this study. The subject-matter jurisdiction of the court of first instance over civil matters and criminal matters is defined in three topics. The study ends with the most important findings and recommendations, including, but not limited to, the special courts are cancelled and their jurisdiction is transferred to the courts of first instance.

scholarly journals Genesis of non-codified customs

2017 ◽  
Vol 6 ◽  
pp. 231-251
Author(s):  
Atefeh Roohi Kargar ◽  
Rasoul Parvin
Keyword(s):  
Civil Law ◽  
Comparative Law ◽  
Rich Source ◽  
Customary Law ◽  
Legal Norms ◽  
Legal Principles ◽  
Legal Rules ◽  
Documentary Data ◽  
The Status

The study of what is called “customary law” and “non-written rules” is always faced with ambiguity due to the lack of written resources. The reason for emphasizing the role of custom and applying the words on their customary meanings was to re-focus on this rich source of rights, which is far from sights. By reviewing the Articles, books and documentary data, we tried to look again at the status of unwritten conventions, legal rules and legal principles that could be interpreted as legal norms. If written or assigned to a bunch or a material to them, along with other laws they can be a good complement. This paper intends to review the role of custom and habit in concluding contracts by reviewing past comparative law studies and helping out the role of custom and unwritten rights. Besides, it intends to unify the material of Arts. 220, 225 and other Arts. of civil law of the parties to the awareness of the custom, because ignorance of the customary is not like ignorance of the law.

Implementasi Asas Keterbukaan pada Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum: Antara Harapan dan Kenyataan

2020 ◽  
Vol 6 (1) ◽  
Author(s):  
Priyo Katon Prasetyo ◽  
Rosye Villanova Christine ◽  
Sudibyanung Sudibyanung
Keyword(s):  
Information Asymmetry ◽  
Case Studies ◽  
Public Interest ◽  
Economic Inequality ◽  
Land Acquisition ◽  
The Public ◽  
Land Scarcity ◽  
Library Research ◽  
Role Of Information

Abstract: Based on Law Number 2 of 2012 concerning Land Acquisition for Development in the Public Interest, the Openness Principle is one of the ten principles as the basis of the implementation of development. This principle is significant because its complex role can lead to conflicts and disputes. In this paper, discussions are divided into two parts: 1) how the implementation is expected to be applied according to the acquisition procedure in theory; and 2) the reality that occurs in the field. The first discussion was conducted by reviewing the applicable regulations and the methods or concepts of development of the openness principle. Meanwhile, the second discussion about the reality on the field was conducted by elaborating case studies regarding problems in land acquisition. The results of this study indicate that there are gaps in the implementation of the openness principle between theory and reality in regards of land scarcity, economic inequality, and information asymmetry among the involved parties. In conclusion, the implementation of the openness principle is significant with the role of information in land acquisition.Intisari: Berdasarkan Undang Undang Nomor 2 Tahun 2012 tentang Pengadaan Tanah Bagi Pembangunan Untuk Kepentingan Umum, Asas Keterbukaan adalah salah satu dari sepuluh asas yang menjadi dasar pelaksanaannya. Asas ini menjadi signifikan karena perannya yang kompleks dapat menimbulkan konflik dan sengketa. Artikel ini akan membagi pembahasan menjadi dua bagian: pertama, bagaimana implementasi yang seharusnya diterapkan pada prosedur pengadaan secara harapan, dan kedua, membahas mengenai realita yang terjadi di lapangan. Secara harapan pembahasan dilakukan dengan melakukan library research atau studi terhadap peraturan yang berlaku dan metode-metode atau prinsip perkembangan dari asas keterbukaan. Realitas di lapangan akan dielaborasi dari studi kasus mengenai permasalahan dalam pengadaan tanah. Hasil dari penelitian ini menunjukkan ada gap dalam implementasi asas keterbukaan antara harapan dan realitas di lapangan yang bersumber dari kelangkaan sumber daya/tanah, ketimpangan ekonomi dan asimetri informasi di antara para pihak yang terlibat. Tulisan ini menyimpulkan bahwa implementasi asas keterbukaan signifikan dengan peran informasi dalam pengadaan tanah. 

A Proposed Framework Emphasizing Auditor Reliability over Auditor Independence

2003 ◽  
Vol 17 (3) ◽  
pp. 257-266 ◽  
Author(s):  
Mark H. Taylor ◽  
F. Todd DeZoort ◽  
Edward Munn ◽  
Martha Wetterhall Thomas
Keyword(s):  
Public Interest ◽  
Auditor Independence ◽  
Public Confidence ◽  
Sufficient Condition ◽  
Necessary And Sufficient Condition ◽  
Accounting Profession ◽  
The Public ◽  
Necessary And Sufficient

This paper introduces an auditor reliability framework that repositions the role of auditor independence in the accounting profession. The framework is motivated in part by widespread confusion about independence and the auditing profession's continuing problems with managing independence and inspiring public confidence. We use philosophical, theoretical, and professional arguments to argue that the public interest will be best served by reprioritizing professional and ethical objectives to establish reliability in fact and appearance as the cornerstone of the profession, rather than relationship-based independence in fact and appearance. This revised framework requires three foundation elements to control subjectivity in auditors' judgments and decisions: independence, integrity, and expertise. Each element is a necessary but not sufficient condition for maximizing objectivity. Objectivity, in turn, is a necessary and sufficient condition for achieving and maintaining reliability in fact and appearance.

The 2016 Police and Crime Commissioner elections

2017 ◽  
Vol 16 (2) ◽  
pp. 41-54 ◽  
Author(s):  
Peter Joyce
Keyword(s):  
Public Awareness ◽  
Primary Source ◽  
Source Material ◽  
Content Type ◽  
The Public ◽  
The Social ◽  
Key Issues ◽  
The Subject ◽  
The Government

Purpose The purpose of this paper is to analyse the 2016 elections for Police and Crime Commissioners (PCCs) and to compare them with those that took place in 2012. It seeks to evaluate the background of the candidates who stood for office in 2016, the policies that they put forward, the results of the contests and the implications of the 2016 experience for future PCC elections. Design/methodology/approach This paper is based around several key themes – the profile of candidates who stood for election, preparations conducted prior to the contests taking place, the election campaign and issues raised during the contests, the results and the profile of elected candidates. The paper is based upon documentary research, making particular use of primary source material. Findings The research establishes that affiliation to a political party became the main route for successful candidates in 2016 and that local issues related to low-level criminality will dominate the future policing agenda. It establishes that although turnout was higher than in 2012, it remains low and that further consideration needs to be devoted to initiatives to address this for future PCC election contests. Research limitations/implications The research focusses on the 2016 elections and identifies a number of key issues that emerged during the campaign affecting the conduct of the contests which have a bearing on future PCC elections. It treats these elections as a bespoke topic and does not seek to place them within the broader context of the development of the office of PCC. Practical implications The research suggests that in order to boost voter participation in future PCC election contests, PCCs need to consider further means to advertise the importance of the role they perform and that the government should play a larger financial role in funding publicity for these elections and consider changing the method of election. Social implications The rationale for introducing PCCs was to empower the public in each police force area. However, issues that include the enhanced importance of political affiliation as a criteria for election in 2016 and the social unrepresentative nature of those who stood for election and those who secured election to this office in these contests coupled with shortcomings related to public awareness of both the role of PCCs and the timing of election contests threaten to undermine this objective. Originality/value The extensive use of primary source material ensures that the subject matter is original and its interpretation is informed by an academic perspective.

Role of Option of Defect in Tenders: A Study under Omani Law

2021 ◽  
pp. 1-17
Author(s):  
Maen Mohammad al-Qassaymeh ◽  
Nayel Musa Shaker al-Omran
Keyword(s):  
Subject Matter ◽  
Civil Law ◽  
Legal Basis ◽  
Bilateral Contracts ◽  
Governmental Body ◽  
The Subject ◽  
Injured Party

Abstract Option of defect is an important theory regulated in Omani Civil Law. It gives the injured party in bilateral contracts an option to rescind the contract if they find a defect in the subject matter of the contract. This theory is deemed a legal basis to refuse objects of sale by tender. In particular, it is useful when a guarantee that is given to the governmental body is insufficient to cover damages, due to bad performance of the contract. This article discusses how the option of defect is applied to sale by tender in Omani law.

scholarly journals ON ACCESSORY OBLIGATIONS IN RUSSIAN CIVIL LAW

2021 ◽  
Vol 7 (1(82)) ◽  
pp. 12-16
Author(s):  
R. Truhan
Keyword(s):  
Civil Law ◽  
Broad Sense ◽  
Narrow Sense ◽  
Legal Relationship ◽  
Broad Understanding

In the science of civil law, two approaches to the understanding and interpretation of accessory have been formed.  The first approach can be defined as the understanding of accessory in the "narrow" sense, the second - in the "broad" sense. Russian civil law contains signs of accessory in the "narrow" sense. For this reason, the problem of the concept of "accessory" is seen, which is subject to the identification of an accessory legal relationship with a security obligation, which in turn impoverishes the idea of the role of accessory in the system of legal relationships. With the development of circulation and the complication of law, examples of accessory legal relations of a different kind appeared that were not related to security obligations, i.e. "Broad" understanding of accessory, which has an auxiliary, secondary nature of the obligation, which can not always have a security focus.  Russian arbitration courts have developed a number of rules to make up for the shortcomings of the institution of accessory in Russian civil law, and the possibility of using accessory in the "broad" sense. It is concluded that de jure the concept of accessory in Russian civil law is reflected in the "narrow" sense, and de facto, accessory is applied in the "broad" sense.

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