Theoretical and legal problems of dynamics of changes of the civil law

10.12737/983 ◽  
2013 ◽  
Vol 1 (4) ◽  
pp. 205-208
Author(s):  
Георгий Писарев ◽  
Georgiy Pisarev
Keyword(s):  
Institutional Change ◽  
Legal System ◽  
Negative Impact ◽  
Civil Law ◽  
System Change ◽  
Property Relations ◽  
Legal Problems ◽  
Strategic Goals ◽  
Theoretical Developments

The ongoing reform in the Russian civil legislation is estimated by the author considering theoretical developments on the forms of institutional change. On the example of the influence of new legislation on property relations, in this article we prove the absence of a key element for this type of transformation. Reform of the civil law has no common strategic goals in the entire legal system. The absence of one time and system change of regulation not only in the sphere of civil law, but also in the land, administrative and other industries could have a negative impact on the efficiency of transformation.

INDIRECT JUDICIAL CONTROL OVER THE LEGALITY OF ADMINISTRATIVE ACTS

2021 ◽  
Vol 11 (3) ◽  
pp. 259-292
Author(s):  
A.F. VASILYEVA
Keyword(s):  
Legal System ◽  
Negative Impact ◽  
Civil Law ◽  
Judicial Control ◽  
Administrative Procedure ◽  
Indirect Control ◽  
Legal Implications ◽  
Legal Sanctions ◽  
Administrative Act ◽  
Legal Force

Indirect judicial control over the legality of administrative acts within the framework of which the court considers civil law claim whilst evaluates the legality of an administrative act with a missed deadline of direct retrial, is one of the most pressing and unresolved problems of civil and administrative law interplay. The permissibility of indirect judicial control over legally binding administrative acts generates inter-branch conflicts, ‘divergent legal implications’ that have negative impact both on the citizen, when his conduct, permitted by an administrative procedure, entails civil legal sanctions, and on the administrative body, since the civil law practice is a means of “invasion” into its competence to assess the circumstances of the case and make decisions in a particular managerial situation1. The approach of not accepting the binding nature of an administrative act which has legal force, established in the Russian legal system for the court considering a civil case, is perceived as an axiom that does not require proof. However, looking at the problem of binding nature of an administrative act through the prism of the German concept of legal force of administrative acts allows us to question the validity and effectiveness of this axiom for modern civil and public circulation. In German legal system indirect control over the legality of legally binding administrative acts is not possible, such acts are considered obligatory for the courts, with the exception of acts that are null. Thus, the limits of indirect judicial control over the legality of administrative acts are placed in their legal force, and the very concept of the legal force of administrative acts must be built on the grounds of harmonization of the underlying interactive principles: legality, legal certainty, protection of trust.

scholarly journals Digital society, artificial intelligence and modern civil law: challenges and perspectives

2021 ◽  
Vol 109 ◽  
pp. 01016
Author(s):  
Vladimir Kamyshanskiy ◽  
Dmitry Stepanov ◽  
Irina Mukhina ◽  
Dina Kripakova
Keyword(s):  
Artificial Intelligence ◽  
Social Relations ◽  
Negative Impact ◽  
Civil Law ◽  
Digital Society ◽  
Legal Personality ◽  
Property Relations ◽  
Legal Fiction ◽  
Artificial Intelligence Technology ◽  
Full Solution

The article analyses the problems of civil law regulation of relations arising in the digital society. The property relations, the civil turnover sphere is increasingly shifting to various kinds of electronic platforms. The process was further accelerated by the COVID-19 coronavirus pandemic. The development and application of artificial intelligence technologies bring forward the problem of ensuring safety for humans from the negative impact of such technologies, minimizing threats to their life and health. Due to the virtuality of artificial intelligence as a social phenomenon, a product, a good created by man, the application of traditional legal means to regulate social relations connected with the application of artificial intelligence technologies at present does not provide a full solution to a number of uncertainties arising on the market of goods, works and services. To this end, it is proposed to form a new legal fiction in civil law at the level of scientific doctrine to resolve legal uncertainties arising in civil turnover due to the use of artificial intelligence technologies. It is about formalizing artificial intelligence technology as a subject of law as an “electronic person” or “electronic legal entity” bringing together several legal entities with a special legal personality.

Labor law in the russian legal system

2019 ◽  
Vol 5 (3) ◽  
pp. 98-108
Author(s):  
Sergey V. Zapolsky
Keyword(s):  
Legal System ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
Social Partnership ◽  
Property Relations ◽  
The Status ◽  
Labor Relationship

For many years, labor law in the Russian (and Soviet) legal system was regarded as specialized in a narrow segment of legal relations. In the recent decades, the labor law has developed, pushing itself significantly higher in the hierarchy of legal fields, namely, in the status of fundamental (so-called material) fields along with the criminal, administrative, and civil law. This article analyzes the causes of this phenomenon and describes the generic role of the legal regulation of labor relations for the entire system of property and non-property relations governed by law. As a result of studying different opinions on the classification of labor law as private or public sectors, as well as global experience, the author draws a conclusion about the national identity of Russian labor law, which is characterized by reliance on a unified labor relationship that organically combines individual and collective. The historical relationship of labor law with civil law shows the universality of labor obligations that bind the employee “with the whole world”. Changes in the place of labor law in the system of branches of law are explained by transformations and expansion of methods of legal regulation of labor relations by social partnership. It raises the problem of a certain convergence of labor law to administrative law, which is assessed as the most serious danger that can distort the economic and legal nature of labor relations. It follows that the insolvency of the use of statistical methods in the production sphere, as well as arguments are presented to solve the problem of distinguishing labor and administrative law. The main finding is related to determining the place of labor law in the legal system. Given the importance and homogeneity of labor relations, currently labor law has ceased to be a specialized legal body and should be classified as a substantive material area of law.

Legal Origin, Institutional Quality, and Islamic Finance Development: Does Shari’a Matter?

2020 ◽  
Vol 13 (2) ◽  
pp. 345-369
Author(s):  
Rihab Grassa
Keyword(s):  
Financial Development ◽  
Legal System ◽  
Civil Law ◽  
Islamic Finance ◽  
Islamic Banking ◽  
Financial Industry ◽  
Legal Origin ◽  
Muslim Population ◽  
Legal Origins ◽  
Shari'a Law

AbstractPrevious studies on financial development have shown that differences in the legal origin explain differences in financial development. Using historical comparisons and cross-country regressions for 40 countries observed for the period from 2005 to 2018, our research assesses how different legal origins have affected the development of Islamic finance worldwide. More particularly, our research assesses empirically why and how the adoption of Shari’a, wholly or partially (combined with common or civil law), could explain the level of development of Islamic finance in different jurisdictions. Our primary results show that countries adopting a Shari’a legal system have a very well-developed Islamic financial system. Moreover, countries adopting a mixed legal system based on common law and Shari’a law have sufficient flexibility within their legal systems to make changes to their laws in response to the changing socioeconomic conditions, and this has helped the development of the Islamic financial industry. However, countries adopting a mixed legal system based on both civil law and Shari’a law appear less flexible in making changes to their old laws and this thwarted the development of the Islamic financial industry in these countries. Furthermore, we have found that the concentration of a Muslim population (the percentage of Muslim population) along with the level of income have both had a positive effect on the development of Islamic banking assets and on the development of Islamic banking as a whole.

scholarly journals The Transplant of Trusts in Different Legal Jurisdictions: The Example of China

Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Giulia Terranova
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Original Model ◽  
People’S Republic Of China ◽  
Legal Institution ◽  
Legal Systems ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Trust Law

AbstractLegal transplants are considered a significant factor in the evolution of legal systems. One example of transplant of a legal institution through its prestige is the diffusion of the trust from the English legal system to other common law systems and to many civil law countries. One of these is China that in 2001 enacted the Trust Law of the People’s Republic of China. This paper wants to analyse the trust under the Trust Law and to compare it with the original model in the English legal system, understanding how far or how close it is from the original one.

Pertanggungjawaban Pidana Terhadap Kerusakan Lingkungan Akibat Pengolahan Material Oleh PT Tukad Mas Kota Bima

SASI ◽  
2021 ◽  
Vol 27 (3) ◽  
pp. 267
Author(s):  
Hajairin Hajairin ◽  
Gufran Sanusi ◽  
Aman Ma’arij
Keyword(s):  
Material Processing ◽  
Environmental Pollution ◽  
Criminal Law ◽  
Negative Impact ◽  
Criminal Liability ◽  
Civil Law ◽  
Health Impact ◽  
City Government ◽  
Environmental Damage ◽  
Special Concern

Material processing by PT Tukad Mas Kota Bima which has a negative impact, namely the existence of pollution or environmental damage in the East Rasa Nae Subdistrict, Bima City, so that it can be held accountable under criminal law, civil law and administrative law. The purpose of this study was to determine the form of criminal liability for environmental damage due to material processing by PT Tukad Mas Kota Bima. The research method used is empirical legal research with data collection techniques through interviews and documentation. The findings of this study indicate that legal liability for environmental damage due to material processing by PT Tukad Mas Kota Bima can be seen in aspects of criminal law, civil law and administrative aspects. However, the Bima City Government through the Environmental Service has only given a written warning to PT Tukad Mas Kota Bima, which has been operating for decades. Whereas empirical facts have shown that there is quite severe damage, such as waste disposal that can have a health impact on the community and natural damage due to excavations carried out. Criminal liability should be a special concern, NGOs and the community even report on environmental crimes, the report is because the result of material processing causes environmental pollution as one of the elements of criminal acts against environmental pollution.

SEARCHING FOR LEGAL GROUNDS FOR ENTREPRENEURS’ COMPENSATION CLAIMS FOR DAMAGES CAUSED BY RESTRICTIONS ON BUSINESS ACTIVITY IN ORDER TO COMBAT COVID-19 – PART II

2021 ◽  
Vol 1 (XXI) ◽  
pp. 155-172
Author(s):  
Wojciech Papis
Keyword(s):  
Legal System ◽  
Civil Law ◽  
The State ◽  
Business Activity ◽  
Public Authorities ◽  
Compensation Claims ◽  
Legal Grounds

In the second part of the article, the author discusses the procedure for recognizing normative acts as unconstitutional - which is the basis for claiming compensation from the state treasury for damages caused by the application of these unconstitutional normative acts and regulations based on the provisions of substantive civil law. When analyzing the content of the regulations regarding the COVID-19 epidemic, the author reviews the regulations that raise doubts in the doctrine as to their constitutionality. He also notes the inconsistency of these provisions with the legal system. Finally, the problem of possible compensation of the state treasury for damages caused by the legal activities of public authorities is discussed

Towards a Transsystemic Study of the Ghana Legal System

2017 ◽  
Vol 6 (1) ◽  
pp. 25-50
Author(s):  
Poku Adusei
Keyword(s):  
Legal System ◽  
Academic Discipline ◽  
Common Law ◽  
Civil Law ◽  
Cross Cultural ◽  
Legal Tradition ◽  
Legal Traditions ◽  
The Law ◽  
Cultural Dialogue

This article provides comprehensive insights into the study of the Ghana legal system as an academic discipline in the law faculties in Ghana. It urges the view that the study of the Ghana legal system, as an academic discipline, should be transsystemic. Transsystemic pedagogy consists in the introduction of ideas, structures and principles which may be drawn from different legal traditions such as civil law, common law, religion-based law, African law and socialist law traditions to influence the study of law. Transsystemia involves teaching law ‘across,’ ‘through,’ and ‘beyond’ disciplinary fixations associated with a particular legal system. It is a mode of scholarship that defies biased allegiance to one legal tradition in order to foster cross-cultural dialogue among legal traditions. It involves a study of law that re-directs focus from one concerned with ‘pure’ legal system to a discourse that is grounded on multiple legal traditions.

Creating theSociedad de Responsabilidad Limitada: The Use of Legal Flexibility in Spanish Company Law, 1869–1953

2016 ◽  
Vol 90 (2) ◽  
pp. 227-249 ◽  
Author(s):  
Susana Martínez-Rodríguez
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Company Law ◽  
Legal Form ◽  
Commercial Code ◽  
New Business ◽  
Numerus Clausus

Spain approved the first law ofSociedad de Responsabilidad Limitada(SRL)—a legal form similar to the German GmbH—in 1953. However, the SRL had already been used, albeit without its own legislation, since the 1920s. How was this possible in a country whose legal system was based on civil law? Its 1885 Commercial Code lacked thenumerus claususprinciple for enterprise forms, a feature that gave entrepreneurs unusual freedom in organizing their firms, and in adopting new business forms not defined in the code. It also invites us to rethink the notion of rigidity in civil law.

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