Subject matter of civil law

10.12737/5575 ◽  
2014 ◽  
Vol 2 (2) ◽  
pp. 40-52
Author(s):  
Вадим Хохлов ◽  
Vadim Khokhlov
Keyword(s):  
Subject Matter ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Regulation ◽  
Overall Evaluation ◽  
Private Autonomy

Given overall evaluation of subject matter of civil law, correlation with «civil regulation», proposed to continue the establishment of definition, which coming from the combining interpretation of private autonomy; referred to fact that civil standards can function when there are no express reference. Author defends precedence of law relations as the leading form of legal regulation.

scholarly journals ISSUES OF CIVIL REGULATION CALCULATIONS IN AGRICULTURE

2014 ◽  
Vol 9 (1) ◽  
Author(s):  
Ulash Umarov
Keyword(s):  
Economic Growth ◽  
Social Economic ◽  
Civil Law ◽  
Economic Reforms ◽  
Legal Regulation ◽  
Main Role ◽  
Legal Basis ◽  
Legal Problems ◽  
Civil Regulation ◽  
Role Based

One of the main sources of providing economic growth of agriculture and maintenance welfare life of population of Uzbekistan is required to develop step-by-step legislation. It regulates legal relations linked with calculations in agriculture and constantly its legal basis by virtue of theory, studies and principles of civil law according to the frames of reforms. The main goal of providing social-economic reforms in agriculture of Uzbekistan is to hardly continue maintaining successful life of country, and apropos of this increasing the size of producing in agriculture which based on competitive market, widening new range of production. Uninterruptedly continuing the strategy of economic reforms directed to provide successfully execution of governmental programs which aimed to develop diversified farm enterprise – studying legal problems of civil legal regulation of social-economic and investments relations play the main role based on calculations of current industry.

scholarly journals Ghostwriters as a Legal Phenomenon: Features and Perspectives of Legal Regulation of Their Activity

Lex Russica ◽  
2021 ◽  
pp. 19-27
Author(s):  
N. V. Zaitseva
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Civil Law ◽  
Fundamental Property ◽  
Legal Regulation ◽  
Administrative Law ◽  
Scientific Field ◽  
Property Right ◽  
The Subject ◽  
The Right

The paper is devoted to the problem of using the work of another person in the intellectual field, primarily in literary activity. The involvement of ghostwriters in writing literary works has created a legal phenomenon when the subject matter of contractual relations represents the inalienable non-property right, namely: the right of authorship the transfer of which is not possible in many jurisdictions, and in others, despite the absence of an explicit prohibition, there is no legal regulation of such alienation. However, the existence of ghostwriters cannot be assessed as a unique phenomenon of modernity. In our time, they have only gained new forms and a special place not only in the literary, but also in the scientific field. In this regard, the establishment of legal mechanisms for attracting and regulating ghostwriters is more effective than the establishment of a system of prohibitions.In the conditions of changing publishing businesses and increasing ways and forms of proof, questions about the authenticity of a person's authorship began to arise increasingly, especially in the field of scientific and scholarly literature, where the work of "new" researchers is often used. The issue of assignment of the right of authorship (copyright) — a fundamental property right — is treated differently in different legal systems. The continental system of law relies on impossibility of transferring copyright from one entity to another as part of a civil law transaction. Therefore, instances of attribution of authorship are assessed in the context of criminal or administrative law. It forms the legal essence of the division of rights of authorship into property and nonproperty ones: any commercial rights to intellectual property can be ceded except the authorship.

scholarly journals Romiešu sabiedrības līgums (societa) un romiešu tiesiskie principi mūsdienu Latvijas tiesībās

2015 ◽  
Vol 3 (3) ◽  
pp. 91-98
Author(s):  
Allars Apsītis
Keyword(s):  
Subject Matter ◽  
Civil Law ◽  
Legal Regulation ◽  
Roman Law ◽  
Legal Principles ◽  
Moral Principles ◽  
The Subject ◽  
The Republic ◽  
Partnership Agreement

Rakstā atspoguļoti autora veiktās romiešu tiesību pirmavotu, galvenokārt romiešu sabiedrības līguma (societa – lat. val.), tiesiskā regulējuma izpētes rezultāti par minētā regulējuma un modernās Latvijas likumdošanas aktu idejiskajām kopsakarībām. Tajā uzsvērta romiešu legālo principu ietekme uz tādu darījumu, kuru priekšmets ir neatļauta un nepieklājīga darbība ar reliģijai, likumiem vai labiem tikumiem pretēju mērķi, spēkā neesamības tiesiskajā reglamentācijā, kā arī uz Latvijas Republikas Civillikumā ietverto “maldības”, “viltus”, “nosacījumu”, “termiņu” un “tiesiska darījuma formas” koncepciju romiskajiem pamatiem. Latvijas pētnieki minēto tematiku šādā skatupunktā īpaši nav aplūkojuši, ar publikācijām latviešu valodā autoram saskarties nav nācies, tāpēc šis pētījums varētu dot ieguldījumu nacionālās tiesību zinātnes attīstībā. The article deals with the results of the author’s research performed on the original sources of the legal regulation of Roman Law, mainly, Roman partnership agreement (societa – Latin) in relation to the principles of interconnections between the above mentioned regulation and the legislative acts of modern Latvia. The influence of Roman legal principles in relation to the regulation of an impermissible or indecent action has been pointed out, the purpose of which is contrary to religion, laws or moral principles – it may not be the subject-matter of a lawful transaction; such a transaction is void; there have also been emphasised such concepts as “mistake”, “fraud”, “conditions”, “terms” and “form of lawful transaction”, which are based on the Roman Law and included into the Civil Law of the Republic of Latvia. Latvian researchers have not studied the above mentioned problems in relation to these aspects; the author has not found any publication in Latvian concerning these issues. Thus, the research might be a particular contribution to the development of national jurisprudence.

scholarly journals THE CONCEPT OF COMPETITIVE COMMITMENTS: CERTAIN ASPECTS OF CIVIL LAW REGULATION

2017 ◽  
Vol 21 (5) ◽  
pp. 158-163
Author(s):  
E. F. Tsokur ◽  
O. B. Novruzova
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Science Literature ◽  
Civil Regulation ◽  
First Case ◽  
Foreign Countries ◽  
Adequate Understanding ◽  
The Subject ◽  
The Russian Federation ◽  
The Many

The article is devoted to several aspects of civil regulation of the competitive obligation. High importance and poor practical readiness of the above problem determine the undoubted novelty of the work. Further attention to the issue of civil regulation of the competitive obligation need for more deep and reasonable permission of civil law actual problems. Competitive obligations represent one more type of obligations from unilateral actions. In them lines of obligations which in private law of foreign countries are called quasicontract are well shown. The contents of these obligations can cover those actions of contestants on a competitive task which are usually made by debtors within a number of civil contracts - the contract, an assignment, the commission and others. Commission by contestants of legal acts - creation of works of science, literature and art is not excluded. In the first case it is not about the actual commission by contestants of legally significant actions in favor of the subject who announced a competition, and about their readiness for legal holding liable of in exchange for observance of the conditions by the person who announced a competition. The holding of public contests again became wide spread occurrence in civil circulation. Thus comparison of the practice of holding public competitions with the provisions of the civil legislation shows that public contests in many cases are in conflict with the law. One of the many reasons is the imperfection of legal regulation and the absence of the organizer and participants adequate understanding of the requirements of the Civil code of the Russian Federation to hold a public competition and in this regard their full or partial disregard.

Historical Foundations of Development of the Institution of Employment Contract

2019 ◽  
pp. 68-75
Author(s):  
Yuliya Chernenilova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Economic Management ◽  
Persons With Disabilities ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Russian Federation

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.

COMMON OWNERSHIP OF SPOUSES (Analysis of the Georgian Civil Law)

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 163-177
Keyword(s):  
Family Relationships ◽  
Civil Law ◽  
Family Relationship ◽  
Legal Regulation ◽  
Legal Literature ◽  
Common Ownership ◽  
Personal Rights ◽  
The Family ◽  
Inner World ◽  
Legal Fact

The research shows that one of the legal relations in civil matters is the family relationship, having an extensive content. It includes Family Law and the actual family relationships. While there are factual elements in the family relationships, only marriage registration gives rise to the property and personal rights between spouses since marriage is a legal fact of law. However, it has been stated correctly in the legal literature that the actual co-existence of partners is such a family relationship, in which couples enter into marriage without registration. The inner world of unmarried couples is significantly free from legal regulation. Family relationships, by their characteristics, are inconceivable without the personal and intimate aspects contained in certain factual foundations and found in family relationships.

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.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

scholarly journals COMMERCIAL TRANSACTION: FEATURES OF LEGAL REGULATION

2021 ◽  
Vol 37 (1) ◽  
pp. 75-79
Author(s):  
R.D. Farkhutdinov ◽  
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Civil Law ◽  
Legal Regulation ◽  
Public And Private ◽  
Conceptual Apparatus ◽  
Private Interests ◽  
Legal Limits ◽  
Commercial Transaction ◽  
Individual Features

The article suggests and justifies the concept of "commercial transaction" is currently not fixed in civil legislation as a civil definition, while a number of scientists have repeatedly justified the need and importance of fixing such a concept to solve a number of problems in legal regulation. In addition, it offers ways to solve the problem of the conceptual apparatus of the practice of separate consideration of "commercial transactions" in civil law, which allows solving a number of practical problems of law enforcement. The article uses comparative, formal-legal and functional research methods. The article identifies individual features of a commercial transaction, the legal limits of mutual synthesis of public and private interests, and determines the forms of protection of such interests.

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