Constitutional Principles of Contractual Representation in Ukraine: Problems of Theory and Practice

2019 ◽  
Vol 10 (3) ◽  
pp. 948
Author(s):  
Vadym TSIURA ◽  
Susanna SULEIMANOVA ◽  
Oleksandr SOTULA ◽  
Vita PANASIUK ◽  
Volodymyra DOBROVOLSKA
Keyword(s):  
Civil Procedure ◽  
Civil Code ◽  
Theory And Practice ◽  
Legal Doctrine ◽  
Legal Method ◽  
Current State ◽  
Legal Relationship ◽  
Procedure Code ◽  
The Will ◽  
Theory Of Law

The research is devoted to the issue of the nature and essence of the contractual representation as a legal relationship and a constitutional principle.The current understanding of the institution of representation in the context of the provisions of the Code of Civil Procedure of Ukraine and the Civil Code of Ukraine is ambiguous and this problem needs to be solved. In order to determine the true meaning of the legal institute of representation, the authors of the article made an attempt to study it through the lens of the norms of the current constitution of Ukraine.The methods of scientific research, used by the authors are the analysis, the synthesis, the deduction and induction,the comparison-legal method. All these methods in their convergence made it possible to find out the current state of the existing legislation and legal doctrine in the context of contractual representation and to offer the authors’ own vision of directions of improvement of the studied legal institute.In the result of the study the authors made a conclusion that a contractual representation is a kind of representation, arising out of a contract or other act that underlies the will of the person represented (the principal) and the person representing (the attorney) and the agreement between them. It is important for both the practice of law and the theory of law that the understanding of the essence of the said institute and the approaches to regulating relations of representation in the Civil Code and in the Civil Procedure Code be the same.  

Implementation of the Right to Inheritance: Problems of Theory and Practice

2021 ◽  
Vol 10 (1-2) ◽  
pp. 203-220
Author(s):  
Svitlana S. Bychkova ◽  
Nataliia V. Bilianska ◽  
Tetiana R. Fedosieieva
Keyword(s):  
Assisted Reproductive Technologies ◽  
Reproductive Technologies ◽  
Civil Code ◽  
Theory And Practice ◽  
The Status ◽  
The Will ◽  
The Right

Abstract The article is devoted to the research into problematic aspects of exercising the right of inheritance by different categories of entities. As a result of the research conducted, recommendations for improvements to Ukrainian legislation have been developed. The status of a child born after 10 months and as a result of the use of assisted reproductive technologies after the death of one spouse should be determined at the legislative level. It also would be expedient in the Civil Code of Ukraine to fix the testator’s rights to settle the issue of birth of his children in the will through the use of assisted reproductive technologies after his death and to appoint such children as heirs. In addition, the Civil Code of Ukraine should provide for the possibility of individuals recognised as missing, to be heirs, and to secure the right to have a guardian over the property of such persons.

scholarly journals Improving the Mechanism to Examine Judgment Debtor’s Ability to Satisfy Civil Judgments in Vietnam from International Experience

2018 ◽  
Vol 34 (1) ◽  
Author(s):  
Nguyen Thi Bich Thao ◽  
Nguyen Thi Huong Giang
Keyword(s):  
The United States ◽  
White Paper ◽  
Civil Procedure ◽  
Lessons Learned ◽  
Washington Dc ◽  
Oxford University ◽  
The United Kingdom ◽  
Current State ◽  
Procedure Code ◽  
Civil Judgment

This article provides an overview of current law and current state of examining conditions of civil judgment enforcement in Vietnam and points out that the main shortcomings are the lack of a court’s supporting mechanism and lack of strict sanctions imposed on judgment debtors and other agencies, organizations and individuals who fail to provide information on the judgment debtor’s assets. The article explores the mechanism for examining of conditions for civil judgment enforcement in several countries such as the United States, the United Kingdom, and Canada and draws some experience for improving the law on examining conditions of civil judgment enforcement in Vietnam. Keywords Civil judgment enforcement, examining judgment debtor’s ability to satisfy civil judgment enforcement References [1] Council of Europe. 2003, “Recommendation Rec(2003)17 of the Committee of Ministers to Member States on Enforcement.” September 9, https://wcd.coe.int/wcd/ViewDoc.jsp?id=65531&Site=COE. [2] Henderson, Keith, Angana Shah, Sandra Elena & Violaine Autheman. 2004. “Regional Best Practices: Enforcement of Court Judgments. Lessons Learned from Latin America.” IFES Rule of Law White Paper Series, International Foundation for Electoral Systems, Washington, DC. [3] Hoàng Thị Thu Trang, Hoàn thiện quy định pháp luật về xác minh điều kiện THADS, Tham luận của Cục THADS tỉnh Nghệ An, http://thads.moj.gov.vn/nghean/noidung/tintuc/lists/nghiencuutraodoi/view_detail.aspx?itemid=13.[4] European Commission for the efficiency of justice, CEPEJ Guidelines for a better implementation of the existing Council of Europe's recommendation on enforcement, https://www.coe.int/t/dghl/cooperation/cepej/textes/Guidelines_en.pdf[5] Wendy A. Kennett, Enforcement of Judgments in Europe, Oxford University Press, 2000.[6] German Civil Procedure Code, https://www.gesetze-im-internet.de/englisch_zpo/englisch_zpo.html.[7] Federal Rules of Civil Procedure, http://www.uscourts.gov/rules-policies/current-rules-practice-procedure/federal-rules-civil-procedure.[8] California Civil Procedure Code, http://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=ccp[9] Procedure for enforcing a judgment: England and Wales, https://e-justice.europa.eu/content_procedures_for_enforcing_a_judgment-52-ew-en.do?member=1[10] British Columbia Law Institute, Report on the Uniform Civil Enforcement of Money Judgment Acts, 2005.[11] Học viện Tư pháp, Giáo trình Nghiệp vụ thi hành án dân sự (Phần Kỹ năng), Tập 1, NXB. Tư pháp, 2017.  

Development of the Institution of Arbitration in Kazakhstan: Problems of Theory and Practice

2020 ◽  
Vol 11 (2) ◽  
pp. 557
Author(s):  
Ardak SHAIMENOVA ◽  
Gulzhazira ILYASSOVA ◽  
Yevgeniya KLYUYEVA ◽  
Ainura KHASHIMOVA
Keyword(s):  
Statistical Data ◽  
Comprehensive Analysis ◽  
Theory And Practice ◽  
International Treaties ◽  
Judicial Practice ◽  
Legal Method ◽  
Procedure Code ◽  
Recognition And Enforcement ◽  
General Scientific ◽  
Improvement Of Legislation

The article discusses current issues of the application of the legislation of Kazakhstan on arbitration, provides statistical data on the results of consideration of cases on the cancellation of arbitral awards, on the enforcement of arbitral awards and identifies some problems of theory and practice in this area. The aim of the study is a comprehensive analysis of judicial practice on the abolition of arbitral awards, as well as issues related to their enforcement, proposals have been developed on the formation of a uniform judicial practice and improvement of legislation. The work uses general scientific and special research methods: analysis, synthesis, abstraction, induction, deduction, logical and comparative legal method. As a result of the study, the author came to the conclusion that, in general, the norms of the Law of Kazakhstan ‘On Arbitration’, the Civil Procedure Code of Kazakhstan on the procedures for canceling arbitration decisions, recognition and enforcement of decisions of foreign arbitrations are consistent with international treaties.

Development of the Institution of Arbitration in Kazakhstan: Problems of Theory and Practice

2020 ◽  
Vol 11 (1) ◽  
pp. 169
Author(s):  
Ardak SHAIMENOVA ◽  
Gulzhazira ILYASSOVA ◽  
Yevgeniya KLYUYEVA ◽  
Ainura KHASHIMOVA
Keyword(s):  
Statistical Data ◽  
Comprehensive Analysis ◽  
Theory And Practice ◽  
International Treaties ◽  
Judicial Practice ◽  
Legal Method ◽  
Procedure Code ◽  
Recognition And Enforcement ◽  
General Scientific ◽  
Improvement Of Legislation

The article discusses current issues of the application of the legislation of Kazakhstan on arbitration, provides statistical data on the results of consideration of cases on the cancellation of arbitral awards, on the enforcement of arbitral awards and identifies some problems of theory and practice in this area. The aim of the study is a comprehensive analysis of judicial practice on the abolition of arbitral awards, as well as issues related to their enforcement, proposals have been developed on the formation of a uniform judicial practice and improvement of legislation. The work uses general scientific and special research methods: analysis, synthesis, abstraction, induction, deduction, logical and comparative legal method. As a result of the study, the author came to the conclusion that, in general, the norms of the Law of Kazakhstan ‘On Arbitration’, the Civil Procedure Code of Kazakhstan on the procedures for canceling arbitration decisions, recognition and enforcement of decisions of foreign arbitrations are consistent with international treaties.

The Availability in the UAE of Liens to Secure Payment under Construction Contracts

2010 ◽  
Vol 24 (3) ◽  
pp. 309-317 ◽  
Author(s):  
Amy L. Barrette ◽  
Neal R. Brendel ◽  
Wadih El-Riachi
Keyword(s):  
Construction Industry ◽  
Common Law ◽  
Civil Procedure ◽  
Civil Code ◽  
Federal Law ◽  
Construction Contracts ◽  
Procedure Code ◽  
A Priority ◽  
Under Construction ◽  
Code Provisions

AbstractWhile much attention has been devoted to curbing the rise of lawsuits surrounding Dubai’s struggling construction industry, surprisingly little attention has been focused on another option available to contractors who seek payment for failed or troubled projects. Contractors, architects, and engineers may find relief under a seldom-reported UAE federal law that establishes qualified rights for contractors to secure payment for work under non-governmental contracts by filing a priority lien against the project itself. This article discusses the remedy, known in many common-law jurisdictions as ‘mechanic’s liens’ or ‘builders’ liens’, and why it is important for contractors to be familiar with the applicable Civil Code and Civil Procedure Code provisions. Those who first exercise their lien rights and seek to register liens with the Land Department will be treading new ground and will want to be well- prepared and educated on their rights provided under existing law.

scholarly journals UZNANIE ZA ZMARŁEGO I STWIERDZENIE ZGONU (GENEZA, ROZWÓJ INSTYTUCJI I POSTĘPOWANIA)

2017 ◽  
Vol 7 (2) ◽  
pp. 147
Author(s):  
Anna Bartoszewicz
Keyword(s):  
Civil Procedure ◽  
Civil Code ◽  
Second World War ◽  
Roman Law ◽  
World War ◽  
Procedure Code ◽  
History Of ◽  
The Law ◽  
Polish Law ◽  
Second World

The Origins and Development of the Law on the Presumption of Death and Declarations of DeathSummaryThe article presents the history of the presumption of death and declaration of death. It provides an insight into the relevant concepts of the Roman law as well as chosen examples of the laws of the ancient Middle East. It also focuses on the Polish and foreign laws which were in force on the historically Polish territory during the period of the country’s loss of independence (1795-1918). It identifies the origins of the presumption of death and declaration of death in the Polish law and examines their development (including the relevant civil procedurę provisions) until 1964, when the present civil code and civil procedurę code came into force.By presenting and comparing the laws governing the presumption of death and declarations of death, the author highlights the different approaches of the laws that applied at the time of the loss of independence: those of Prussia, Russia, Austria and the Polish Kingdom, as well as the law in effect in the Grand Duchy of Warsaw. The article also considers the extent to which the laws introduced after Poland regained independence in 1918 were influenced by the foreign regimes previously in force.The gradual developments in the law following the Second World War are presented against the background of the major changes in Polish civil law over the same period, which occurred mainly via the codifications of the law in the civil code and the civil procedure code.

scholarly journals SETTLING CIVIL DISPUTES IN COURT BASED ON SIMPLIFIED PROCEDURE

2019 ◽  
Vol 1 (27) ◽  
pp. 48-55
Author(s):  
Binh Huu Trinh
Keyword(s):  
Civil Procedure ◽  
Law Students ◽  
Judicial Reform ◽  
Time Duration ◽  
The Real ◽  
Legal Relationship ◽  
Procedure Code ◽  
Methods Of Synthesis ◽  
Simplified Procedure ◽  
Real State

According to the ordinary procedure, the time duration for a case proceeding can be extended from 4 to 8 months; therefore, subjectively the judge who is  assigned to settle the case does not necessarily determine the type of case involving simple facts or the clear legal relationship to deal with promptly;  consequently, the simplified procedure which was specified in  the Civil Procedure Code 2015 has fulfilled that task. However, by examining the new provisions on the simplified procedure, the author realizes that there are certain limitations. In this paper, the author assesses the real state of law restrictions in practice, and then applies the methods of synthesis, analysis, comparison and evaluation in order to make proposals for the perfect law based on the view of the Party and the State on the strategies of judicial reform. The proposals can be both applied effectively in judicial work and used as reference sources for law students and for teaching.

scholarly journals Prova no Processo do Trabalho: sua Compatibilidade e seus Reflexos com o Novo Código de Processo Civil

2017 ◽  
Vol 18 (1) ◽  
pp. 73-79
Author(s):  
Tiago Madruga Da Silva
Keyword(s):  
Civil Procedure ◽  
Civil Code ◽  
Labor Process ◽  
Procedure Code

O texto analisa, de forma aprofundada, os dispositivos do Novo Código de Processo Civil, aclarando a importância da inserção dos princípios constitucionais. Explana as possibilidades de suplementação do NCPC no Processo do Trabalho, tendo como ponto fulcral as problemáticas dessa suplementação na produção de provas. Teve como metodologia a pesquisa bibliográfica e jurisprudencial, em que foi suscitado o debate sobre os pontos controvertidos e polêmicos. Aborda a finalidade da instrução normativa 39 organizada pelo Tribunal Superior do Trabalho, que foi organizada para dirimir questões controvertidas da suplementação do NCPC no Processo do Trabalho. Explana as soluções práticas para compor o conflito de suplementação de normas processuais civil no processo do trabalho, a fim de que o entendimento tenha efeito erga omnes sobre cada espécie de prova.Palavras-chave: Novo Código de Processo Civil. Processo do Trabalho. Provas. Compatibilidade. Suplementação.AbstractThe text analyzes deeply the dispositions of the New Civil Code, making it clear the importance of the insertion of constitutional principles. It explains the possibilities of supplementation of NCPC in the Labor Process, having as main points the issues regarding the supplementation in the evidences production. It had as methodology the bibliographical and opinions reseach, when the debate was raised on the controversial points and at issue. It approaches the goal of the normative instruction organized by the Labor Superior Court, which was organized to solve controversial points of the NCPC suplementation in the Labor Process. It offers practical solutions to comprise the supplementation of civil procedural regulations in the labor prcess,so that the undertanding have effect orga omens on each type of evidence.Keywords: New Civil Procedure Code. Labor Proces. Evidences. Compatibility. Suplementation.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 40 Vietnam: Vietnamese Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Doan Duc Luong ◽  
Nguyen Thi Hong Trinh
Keyword(s):  
International Law ◽  
Civil Procedure ◽  
Civil Code ◽  
Private International Law ◽  
National Legislation ◽  
Procedure Code ◽  
The Future ◽  
Recognition And Enforcement ◽  
The Hague ◽  
Judicial Assistance

This chapter reflects on Vietnamese perspectives on the Hague Principles. In Vietnam, the sources of private international law in respect of international commercial contracts includes the bilateral judicial assistance treaties between Vietnam and related countries, among which eight treaties contain conflict rules for the content of the contract and eleven treaties contain conflict rules for the parties’ capacity in entering the contract. As for national legislation, which is established in Vietnam as the major source of private international law, the Vietnamese Civil Procedure Code (VCPC) 2015 provides for the procedures regarding civil disputes with foreign elements (Part VIII) and the recognition and enforcement of the decisions of foreign courts and the decisions of foreign arbitrators in Vietnam (Part VII). At the same time, the Vietnamese Civil Code (VCC) 2015 contains Part V which regulates the law applicable to civil relations involving foreign elements. As far as the Hague Principles are concerned, this is being addressed in the drafting stage of Part V of the VCC 2015 (on conflict rules). The influence of the Hague Principles on the Vietnamese legislature may be stronger when they are more well known in the future.

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