«Space» of civil legislation as a problem of development of private law

10.12737/5576 ◽  
2014 ◽  
Vol 2 (2) ◽  
pp. 53-57
Author(s):  
Ольга Серова ◽  
Olga Serova
Keyword(s):  
Civil Law ◽  
Labor Law ◽  
The State ◽  
Private Law ◽  
Legal Entities

Monopolization and expansion of civil law has no clear designation in science. But the problem of expanding of spatial boundaries of private law does exist. Introduction of division of legal entities and corporations unitary organization will have a serious impact on the expansion of private law in the area of labor law. The author denotes the problem of expanding forms of participation of the state in the sphere of private 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 Administrative Legal Entities of Private Legal Entities as a Status Component of the Legal Regulation Mechanism: Characteristics of Elem

2019 ◽  
pp. 91-95
Author(s):  
V.V. Sukhonos
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
Regulation Mechanism ◽  
Private Law ◽  
Legal Capacity ◽  
Legal Entity ◽  
Legal Personality ◽  
The Subject ◽  
Legal Entities

The article is devoted to administrative legal personality, which is part of the structure of the administrative-legal personality of private legal entities. At the same time, it is argued that, on their own, the rules of law cannot influence the behavior of their addressees, therefore the only instrument by which legal regulation is used to help ensure such influence is the mechanism of legal regulation within which the functions of law are implemented, and specific life situations are addressed. It is noted that, like any state mechanism, the mechanism of legal regulation consists of the relevant elements, namely: norms of law, legal relations, and acts of realization of rights and obligations. Thus, we can conclude that the disclosure of the features of the mechanism of legal regulation is possible only if a thorough study of its elements. Thus, each state that there is no language and there can be no legal regulation, which in its nature and nature is different from other types of regulation. It should also be remembered that, at its core, legal regulation is not material but is done through the consciousness and will of the people. It is perfect. However, any ideal process cannot occur without the participation of matter. Based on all the above, it can be stated that one of the constituent parts of the mechanism of legal regulation is legal relations. It should be remembered that public relations also have an internal structure to which the subject, object, and content relate. However, the absence of at least one of the elements of the relationship automatically complicates, or even precludes their very existence. The same rule applies to the mechanism of legal regulation. Thus, the study of each of the components of the mechanism of legal regulation has the same scientific significance and importance as the study of the mechanism itself. Therefore, if we conduct a study of administrative-legal personality, then it must take into account its place and the impact on legal regulation as a whole. Legal personality nowadays also exists in administrative law, although the very concept of “legal personality”, as a certain characteristic of a legal entity, originally originated in civil law. However, it should be remembered that the method of administrative law is significantly different from civil law, and therefore the use of civil law expertise in the field of legal personality should be used with extreme caution. In his desire to ensure state control and the possibility of applying state coercion, the legislator adapted the rules of public law to the construction of a legal entity of private law. On this basis, it should be noted that different types of legal entities under private law would have different levels of administrative capacity. That is why the legal capacity of legal persons under private law can be recognized as administrative law, both social and legal capacity, and the need to be the subject of administrative-legal relations. Keywords: administrative-legal personality, legal entity, private law, mechanism of legal regulation.

scholarly journals REGARDING THE SUBJECT OF THE CONTRACT FOR THE SUPPLY OF MATERIAL RESOURCES TO MILITARY UNITS (LEGAL ENTITIES UNDER PUBLIC LAW)

2021 ◽  
pp. 195-198
Author(s):  
O. Pavlovskyi
Keyword(s):  
Public Relations ◽  
Public Procurement ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Material Resources ◽  
The Subject ◽  
Military Units ◽  
Legal Entities

In accordance with Part 2 of Art. 17 of the Constitution of Ukraine, military units, first of all, are the bearers of power and act in public relations as subjects of realization of the goal set by the state in the form of repulse of possible aggression from outside, and therefore the main tasks, internal structure, subordination, reporting and control in this area is governed by constitutional and administrative law. However, in some cases, the military unit for the implementation of its tasks may act as an independent entity in civil law, and therefore, certain relations are governed not only by constitutional, administrative, economic, but also civil law. This paper will deal with contractual obligations. The supply contract is extremely important in providing Ukraine, its subjects and state entities with the necessary goods, performance of works, provision of services. In essence, the institute of contract law is a legal means of implementing state policy in the field of industrial production, construction, national defense, social assistance, science, culture, the implementation of basic social and production tasks. Currently, there is a trend aimed at increasing the budget funds used through public procurement. In this regard, an urgent problem is the effective legal regulation of public relations related to the supply of goods for public use. The regulatory framework governing these legal relations must be transparent, understandable to all participants in trade and procurement operations, operational on changes in socio-economic conditions in the country, have an anti-corruption orientation. The quality of goods purchased for the state also remains a long-standing problem. One of the topical issues for the science of civil law is the question of the subject of the contract, with which the Central Committee of Ukraine connects the conclusion of the contract, its validity and some other significant circumstances. According to case law, disputes arising from the contract are usually complicated by non-compliance by the parties with the provisions of the Civil Code of Ukraine on the subject of the contract. The article analyzes the subject of the contract for the supply of material resources to military units. Military units are considered by the author as legal entities of a subject of public law.

Das römische Recht vom Error

2019 ◽  
Author(s):  
Philipp Lotmar
Keyword(s):  
Civil Law ◽  
Labor Law ◽  
Scientific Work ◽  
Contract Law ◽  
Roman Law ◽  
Private Law ◽  
The Public ◽  
Left Behind ◽  
Material Basis ◽  
The Subject

For decades, Philipp Lotmar has repeatedly and insistently focussed on the subject of error. In a monumental work, Lotmar set out to examine the countless relevant Roman sources in every area of law inside as well as outside the Corpus Juris Civilis, thus providing the material basis for his criticism of Karl Friedrich von Savigny's leading doctrine of errors in contract law. However, Lotmar could not complete the work he considered the crowning achievement of his research in the field of Roman law, nor did he succeed in publishing the first, almost finished volume. The entire first volume and the introduction to the second volume, i.e. those parts of the intended opus which Lotmar left behind in a form already fit for publication, will now be presented to the public. In this way, the scientific work of a formative civil law teacher, who today is perceived primarily as the creator of modern labor law, is thus finally being made available in his proper field of research, i.e. Roman law and general private law dogmatics, almost a hundred years after his death.

The State as a Party to Private Law Relations

2021 ◽  
Vol 10 (1-2) ◽  
pp. 47-60
Author(s):  
Nataliya M. Оnishchenko ◽  
Tatyana I. Tarakhonych ◽  
Oleh L. Bohinich
Keyword(s):  
Civil Law ◽  
The State ◽  
Private Law ◽  
Liability Law ◽  
Multi Stage ◽  
The Status ◽  
Legal Structures ◽  
Legal Position ◽  
Autonomous Republic ◽  
The Eu

Abstract The purpose of the study is to cover the analysis of the legal position of the state in private law relations. Particular attention is paid to the dualistic nature of the state – as a sovereign and as a horizontal participant in civil law relations. The study employs the following methods: dialectical, technical and comparative law. Results of the systematic interpretation suggest that the state does not have the status of a person, which complicates the application of some legal structures. It is concluded that the state is a multi-stage entity that includes the state of Ukraine, the Autonomous Republic of Crimea and territorial communities. This paper will be useful for advocates, judges, academics whose area of expertise is the problematics of the liability law, as well as the issue of harmonisation of the civil legislation of Ukraine with the civil legislation of the EU countries.

scholarly journals ДЕЯКІ СУЧАСНІ АСПЕКТИ УЧАСТІ ДЕРЖАВ У РОЗГЛЯДІ СПРАВ ЩОДО СПАДКУВАННЯ ЗА ЗАКОНОМ

2019 ◽  
Vol 12 ◽  
pp. 321-328
Author(s):  
Р. Ф. Гонгало
Keyword(s):  
Human Life ◽  
Civil Law ◽  
The State ◽  
Private Law ◽  
New Approaches ◽  
The Individual

Насамперед йдеться про те, що питання про визнання спадщини відумерлою вирі­шується не за фактом відсутності (нез'явлення, усунення, відмови, неприйняття) спад­коємців, а за рішенням суду. Цивільне законодавство України щодо регулювання відно­син спадкування за участю держави характеризується принципово новими підходами, що відповідають загальному духу цивільного права у забезпеченні автономії особистості та невтручання держави у сферу приватноправового життя людини та суспільства.   First of all it is about the fact that the issue of recognition of the inheritance escheated not decided upon the lack of (non-appearance, elimination, failure, rejection) heirs, and by court. The civil legislation of Ukraine concerning the regulation of relations with the state inheritance characterized fundamentally new approaches, appropriate to the general spirit of civil law to ensure the autonomy of the individual and non-interference in the sphere of private law of human life and society.

scholarly journals Les droits du mineur en vertu de la Partie VI de la Loi régissant les sociétés commerciales canadiennes

2005 ◽  
Vol 21 (2) ◽  
pp. 399-425 ◽  
Author(s):  
Robert Demers
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Civil Code ◽  
The State ◽  
Point Of View ◽  
Federal Legislation ◽  
Private Law ◽  
Important Trend ◽  
Bona Fide ◽  
A Minor

Transfers of shares in the private law of the Province of Quebec raise numerous questions. The rights of the bona fide transferee for value are not clearly settled by the Civil Code and the provincial Companies Act is silent on the issue. In the first part of this article, the author deals with the state of the civil law on the question, illustrating the discussion with a study of the rights of a minor to proceed against bona fide transferees generally and more specifically, under articles 297 and 1487 C.C. In the second part of the article, the question is viewed from the point of view of the federal legislation. Part VI of the Canada Business Corporations Act is studied in detail in so far as the rights of the minor are modified by the statute. This useful exercise indicates clearly the preference given by the federal Act to bona fide purchasers of securities and the rather precarious position of the true owner in questions of conflicting claims. Viewed from a larger perspective, this study reveals an important trend in recent legislative enactments : where traditional rules tend to protect property rights (nemo dat...), contemporary legislations seem to favour unduly the security of commercial transactions.

The Codification of Civil Law and the Law of Torts

1990 ◽  
Vol 24 (3-4) ◽  
pp. 628-650 ◽  
Author(s):  
Aharon Barak
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Civil Law ◽  
Public Law ◽  
The State ◽  
Private Law ◽  
Legislative Authority ◽  
The Supreme Court ◽  
Judicial Lawmaking ◽  
The Law

From the establishment of the State until the present day, two quiet “revolutions” have occurred in Israeli law — thefirstin the area of public law, and thesecondin the area of private law. In public law we have witnessed the incorporation of a functional constitution — partly in the form of the Basic Laws, prescribed by the Knesset as constitutive authority; and partly through the consolidation of human rights, the handiwork of the Supreme Court engaged in judicial lawmaking. In private law we have witnessed the coalescing of a civil codification — mainly the product of the Knesset as legislative authority with judicial lawmaking “between the cracks” of the legislation.

scholarly journals Zróżnicowane ramy prawne ojcowskiej władzy rodzicielskiej obowiązujące na ziemiach polskich w pierwszej połowie XIX wieku

2019 ◽  
pp. 43-53
Author(s):  
Zbigniew J. Żółciński
Keyword(s):  
Family History ◽  
19Th Century ◽  
Civil Law ◽  
The State ◽  
Private Law ◽  
New Approach ◽  
Everyday Lives ◽  
Starting Point

 Different ranges of paternal power according to binding regulations existing in Polish territories in the first half of the 19th centuryThe law itself has a proven impact on people’s everyday lives. It is usually the product of compromise, which also reflects the culture of its times. Private law of 19th century was no exception. This study shows that political partitions of Poland has divided also polish perception of family and fatherhood. This work examines the problem of parallel visions of polish fatherhood through the lens of the early civil law codifications. New private laws were starting point for a change in paternal power. These modernization has had their own speed and energy separate in each partition area. Focusing on paternity as a category of family history, this article shows the changing borders of paternal power and responsibility which brings new approach to understanding of how private acts were governed by laws of the state. 

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