Bidding as a universal category of civil law

2016 ◽  
Vol 4 (4) ◽  
pp. 392-400
Author(s):  
Вадим Хохлов ◽  
Vadim Khokhlov
Keyword(s):  
Civil Law ◽  
Legal Structure ◽  
Universal Category ◽  
Special Order

The article discusses auctions as a universal legal structure, which is exclusively civil, as in other branches of law it can only be used without losing it´s nature as a special order of the contract conclusion. Notification about auctions must be qualified by taking into consideration the conditions and circumstances of particular trades, but it can be acknowledged as a deal or an offer. Benefits and privileges after the contract conclusion maintained only in public tenders, and only by direct provision of law.

scholarly journals Applying a specific contractual structure in favor of a third party to a passenger carriage contract

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Diana Sergeevna Fedotova
Keyword(s):  
Systematic Approach ◽  
Civil Law ◽  
Legal Regulation ◽  
Third Parties ◽  
Third Party ◽  
Legal Structure ◽  
Scientific Justification ◽  
Minor Children ◽  
Similarities And Differences ◽  
Contractual Structures

The article considers the possibility of drawing a passenger carriage contract based on the model of beneficiary contracts. In the case of the conclusion by organizations of carriage contracts for organized groups of passengers, a specific contractual structure in favor of a third party may be applied. Minor children can be considered third parties in whose favor a passenger carriage contract is concluded. The contradictions of the current civil legislation regarding the consideration of minor children as passengers have been revealed. The methodological basis of the study includes the following methods. A systematic approach is used to identify the role and place of the passenger carriage contract in the system of civil law contracts, as well as contradictions in civil law. Comparison is actively used to identify similarities and differences in the legal regulation of the passenger carriage contract under the legislation of various countries. Legal modeling is used in the analysis of specific contractual structures, which are legal models, and in modeling the structure of the passenger carriage contract. Methods of formal and dialectic logic are used as well. The contribution to the study of the issue is associated with the scientific justification of the need to improve the legal structure of the passenger carriage contract according to the contract model in favor of a third party.

scholarly journals Mediation in Different Areas of Chinese Legal Reality – Parametrisation of Selected Terminology

2016 ◽  
Vol 45 (1) ◽  
pp. 175-186
Author(s):  
Joanna Grzybek
Keyword(s):  
Civil Law ◽  
Civil Procedure ◽  
Legal Systems ◽  
Legal Structure ◽  
Legal Translation ◽  
Science Centre ◽  
National Science ◽  
The Republic ◽  
Research Grant

Abstract The paper deals with terminological issues in legal translation. The author has researched the process of establishing equivalents for partially equivalent terminology, using the parametrical approach to legal translation. The research consists of the terminological analysis of the texts of mediation regulations formulated in Chinese and Polish. The objective was to establish translational equivalents in the case of significant differences between the legal systems of the above mentioned linguistic area. The research was financed from the research grant no. 2012/07/E/HS2/00678, titled: Parameterisation of legilinguistic translatology in the scope of civil law and civil procedure awarded by the National Science Centre of the Republic of Poland (Sonata Bis program). Determining the acceptability of functional equivalents in the selected linguistic area is possible by comparison of their semantics with the legal structure in different legal systems and cultures. The author investigates if attributing properties from dimensions relevant in translation to mediation law terms can be helpful in the process of translation.

scholarly journals Civil Law Peculiarities of State and Municipal Contracts Concluded with the Use of Electronic and Digital Means

JURIST ◽  
2021 ◽  
Vol 1 ◽  
pp. 23-29
Author(s):  
Olga M. Rodionova ◽  
Keyword(s):  
Civil Law ◽  
Digital Signatures ◽  
Independent Group ◽  
Identification Code ◽  
Legal Structure ◽  
Written Form ◽  
State Registration ◽  
Functional Purpose

The article reflects the results of the analysis of legislation on the conclusion of state and municipal contracts using electronic and digital means and the practice of its application. It is noted that the conclusion of the contracts in question differs in physical and technological terms from those actions that are performed in the course of procurement without the use of electronic and digital means. However, the functional purpose of digital procurement remains unchanged. Therefore, neither special legislation on electronic digital signatures, nor the existence of requirements for the use of electronic digital means in the conclusion of state and municipal contracts change their written form. At the same time, the legal structure of their conclusion becomes more complex due to the requirement to specify a special record of accounting nature-the purchase identification code, which makes it possible to separate the contracts in question into an independent group along with transactions requiring state registration.

scholarly journals A COMPARISON OF THE COMMON LAW BASED DUTY WITH ITS CIVIL LAW EQUIVALENT

2020 ◽  
Author(s):  
Azamat Omarov ◽  
Asylbek Kultasov ◽  
Kanat Abdilov
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Comparative Law ◽  
Case Law ◽  
Legal Systems ◽  
Legal Structure ◽  
Legal Term ◽  
Legal Effect ◽  
The World ◽  
The Common

The article discusses the features of civil law in different countries. The authors studied the origins of the modern tradition of civil law, comparing the legal systems of two European countries. One of the traditional classifications of duties in civil law is analyzed, the conclusion is made about the inappropriateness of the allocation of personal and universal duties. In comparative law, there are many situations where the same legal term has different meanings, or where different legal terms have same legal effect. This confusion most often occurs when civil lawyers have to deal with common law, or vice versa, when common law lawyers deal with civil law issues. While there are many issues which are dealt with in the same way by the civil law and common law systems, there remain also significant differences between these two legal systems related to legal structure, classification, fundamental concepts, terminology, etc. As lawyers know, legal systems in countries around the world generally fall into one of two main categories: common law systems and civil law systems. There are roughly 150 countries that have what can be described as primarily civil law systems, whereas there are about 80 common law countries. The main difference between the two systems is that in common law countries, case law – in the form of published judicial opinions – is of primary importance, whereas in civil law systems, codified statutes predominate.

scholarly journals Civil Law and Common Law: Two Different Paths Leading to the Same Goal

2001 ◽  
Vol 32 (3) ◽  
pp. 817 ◽  
Author(s):  
Caslav Pejovic
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Legal Issues ◽  
Distinctive Features ◽  
Theoretical Examination ◽  
Legal Structure ◽  
Procedural Law ◽  
The Common ◽  
Substantive Law

"There are many ways to skin a cat".While there are many legal issues which are dealt with in the same way by the civil law and Common Law systems, there remain also significant differences between these two legal systems related to legal structure, classification, fundamental concepts and terminology. This paper does not deal with theoretical examination of differences between the common law and the civil law, but focuses rather on various distinctive features of civil law and common law, with several illustrations of resulting differences in both substantive law and procedural law. These differences are not examined in detail as they should serve only as illustration of those differences. The paper does not enter into polemic as to which legal system is better and what are the advantages of common law or of civil law. The purpose of this short study is simply to highlight some of the main conceptual differences between common law and civil law systems, and to explore the possibilities of reconciling of some of those differences.

scholarly journals Tryb postępowania z wniesionym w VIII kadencji wnioskiem o wyrażenie przez Sejm zgody na pociągnięcie do odpowiedzialności cywilnej posłów

2020 ◽  
Vol 4 (68) ◽  
pp. 187-199
Author(s):  
Wojciech Odrowąż-Sypniewski
Keyword(s):  
Civil Law ◽  
Individual Case ◽  
Legal Structure

The author indicates that the legal structure of the Polish immunity regulations excludes the possibility of adopting a resolution by the Sejm on giving consent to bring several deputies to responsibility. In each individual case, the Sejm should consider a separate motion and adopt a separate resolution. Referring to the principle of discontinuity, the author concludes that regarding the two former Deputies, new motions for consent to bring them to a civil law liability should be submitted, while in the case of a Deputy holding a mandate also in the 9th term, the proceedings on the motion concerning him should be continued.

Features of civil law nature of legal assistance agreement

2020 ◽  
pp. 50-55
Author(s):  
Viktor Popov ◽  
Viktoriya Slyvnaya
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Main Body ◽  
Legal Assistance ◽  
Legal Analysis ◽  
Legal Structure ◽  
Advocacy Activity ◽  
Service Agreement ◽  
Work Contract

Problem setting. Today, the conclusion of a legal assistance agreement is directly regulated by the Law of Ukraine “On the Bar and Legal Practice”. But for effective and lawful implementation the parties should also be guided by the provisions of the Civil Code of Ukraine. Therefore, it is necessary and relevant to determine which provisions of the Civil Code of Ukraine fall under this agreement and the relations arising from its conclusion. Target research. The aim of the work is to analyze the provisions of civil law on the differences between work and services, to determine which category of contracts is a legal assistance agreement and which rules of the Civil Code of Ukraine regulate advocacy and this agreement. Analysis of recent research and publication. The issue of delimitation of works and services is debatable among scientists. In particular, such authors as Gnatiuk G.I, Barinov N.O., Shablova O.G., Pushkin O.A., Ponomarenko O.M., Voronyak A.S., Braginsky M.I., Luts V.V. paid attention to this question. The works of such authors as Gavrilyuk M.O., Sviatotska V.I., Tubelets O.K., Rafilska I.S., Yanovska O.G., Biryukova A.M. are devoted to the question of research of features of legal regulation and realization of advocacy activity in Ukraine. Article’s main body. The article is devoted to the legal characteristics and features of the legal assistance agreement, the discussion issues regarding the regulation of these relations by acts of civil law are considered. In addition, the article analyzes the legal content of such phenomena as work and services and the main differences between the service agreement and the work contract to determine the category of relations of the legal assistance agreement. Conclusions and prospect of development. Thus, the characteristics of the legal structure of the agreement between the lawyer and the client are important for the protection of the interests of both parties. Also, having studied all the features of this agreement and various reasoned opinions of scientists on this issue, we can say that advocacy is multifaceted and can take many forms and types, but the legal analysis of these actions still includes it to services.

scholarly journals A AN ANALYSIS OF HERITAGE LEGAL LAW FOR FOREIGN NATIONAL HEIRS ON THE PERMANENT OBJECT (PROPERTY) BASED ON CIVIL LAW

2020 ◽  
Vol 7 (4) ◽  
pp. 186-196
Author(s):  
L.Elly AM Pandiangan
Keyword(s):  
Civil Law ◽  
Customary Law ◽  
Foreign National ◽  
Inheritance Law ◽  
Object Property ◽  
Legal Structure ◽  
Foreign Countries ◽  
Customary Laws ◽  
One Year ◽  
Ownership Rights

In Indonesia, there is still no national legal entity regarding the inheritance law that can be applied to all Indonesian citizens. Therefore, the inheritance law that is applied to all Indonesian citizens is still different due to the classifications of the citizens. This study basically describes the inheritance rights of Foreign Citizens (foreigners) over fixed objects (treasure) especially the land in Indonesia. In the legal structure in Indonesia until now there has not yet been established national inheritance law provisions that regulate the rights of inheritance from foreign citizenship, while in the Basic Agrarian Law (UUPA) Law. No. 5 0f 1960, foreign nationals may not obtain ownership rights over land. Marriage law is legal, if it is done according to the law of each religion and belief as explained in article 2 paragraph (1) of law number 1 of 1974 concerning the marriage. Thus differences in citizens do not prevent a person from marrying and obtaining his inheritance rights, this difference in citizenship is a series of existing laws that are subject to customary law, how in terms of inheritance that are fixed objects will they be synchronized with International Civil Law (ICL) in obtaining objects that are usually done by way of buying and selling, grants, or by inheritance. The result of this study are the transfer of the inheritance of Foreign Citizens, especially regarding the land. Foreign citizens must relinquish their rights as heirs to the land, and within one year have to relinquish their rights. The rare several obstacles in the application of this law because there is no national inheritance law that regulates such cases because in religious and customary laws, there are no rules that limit the inheritance rights of foreign countries in Indonesia.    

scholarly journals Limited Proprietary Rights to Residential Premises in Russian and Foreign Civil Law

Lex Russica ◽  
2021 ◽  
pp. 16-26
Author(s):  
D. D. Klimanova
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Real Right ◽  
Existing Problems ◽  
Legal Structure ◽  
Natural Person ◽  
Foreign Countries ◽  
Personal Needs ◽  
The Right

The right to housing is important and universally recognized. In foreign countries, in order to ensure the realization of the right to housing, in addition to the right of ownership, other limited proprietary rights are provided granting citizens with the right to own and use residential premises. The paper considers the limited proprietary rights to residential premises in France, Italy, Germany, Switzerland, Austria and Russia. It is established that the legislation of the abovementioned foreign countries enshrines real rights to use the residential premise, which, being a kind of usufruct (personal servitude), possesses specific features. They are facility feature (which includes residential premises), the authorized entity (which allows for a natural person) only, as well as the purposive character (this sets the right to stay in the residential premises for personal needs and the needs of his family).   In Russia, there are problems of legal regulation of relations between the use of residential premises by members of the owner’s family and former members of the owner’s family who gave consent to privatization, which cause difficulties in practice and numerous disputes in the doctrine. The outcomes of the analysis of the proposed changes in civil and housing legislation make it possible to conclude that the discussed innovations are not able to solve the existing problems and contradictions.The author proposes to consolidate in civil legislation such a limited real right as the right to use residential premises, which is a kind of usufruct, which will combine all existing real rights to residential premises. The legal structure of the right to use residential premises is formulated, its content, the grounds for its occurrence and termination are set out.

scholarly journals The Concept and Essence of Estoppel

2018 ◽  
pp. 71-81 ◽  
Author(s):  
K. A. Roor
Keyword(s):  
Legal System ◽  
Scientific Literature ◽  
Civil Law ◽  
Good Faith ◽  
Main Principle ◽  
Russian Scientific ◽  
Legal Nature ◽  
Universal Category ◽  
Definition Of ◽  
Universal Rule

The article considers the issue of determining the legal nature of prohibition of changeable conduct committed for an unlawful purpose. The study is based on the analysis of civil law specific principles operation when estoppel is applied. The conclusion is drawn that the basis of estoppel lies in the operation of several principles of civil law, and the main principle is the principle of good faith. The rule of estoppel demonstrates the lack of consistency among civil law principles, when they are allowed to compete with each other. The article provides an overview of opinions with respect of estoppel definitions given in the Russian scientific literature. This is necessary to solve the problem of implementing rules concerning estoppel in the Russian legal system, since the law-maker has followed the path of enshrining certain kinds of estoppels in the legislation rather than formulating a universal rule that prohibits inconsistent and evasive behavior in the Civil Code of the RF. The author proposed an independent definition of estoppel as a universal category.

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