scholarly journals Obligational Relations in the Midst of Digitalization of Business Activity: The Concept and Types

Legal Concept ◽  
2021 ◽  
pp. 143-148
Author(s):  
Nizami Safarli ◽  
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Business Activity ◽  
Economic Policies ◽  
Industrial Countries ◽  
Law System ◽  
Practical Research ◽  
Contractual Obligations ◽  
Market Relations ◽  
Civil Law System

Introduction: civil obligations are one of the central institutions of the civil law system, which is currently undergoing a new stage of understanding and development. The domestic civil law quite clearly identified the tasks that are urgent for theoretical, as well as comparative and practical research aimed at analyzing the problems of obligations that arise from civil law and business contracts. Purpose: to analyze the features of the regulation of market relations at the contractual level in the midst of digitalization of business activity. Methods: the methods of systematicity, analysis, and comparative law are used in the work. Results: the legal regulation ensures the implementation of equality as one of the most important principles of civil law: by setting additional requirements for entrepreneurs, the state equalized them with other participants in the turnover. This also dictates the need for the active introduction and application of legal means as proactive actions based on the permissibility of the law. One of them is a contract, so the specifics of business relations are most clearly demonstrated by contractual obligations. Conclusions: the provisions of the Civil Code of the Russian Federation, in addition to the general provisions on obligations, also contain provisions that are only applicable to obligations related to the implementation of business activities. Business obligations are specific in nature, and sometimes directly opposite to traditional obligations. As a result of the process of evolution, the digital economy has become one of the main engines of the growth of the global economic system. The widespread use of digital technologies increases competition in global markets and encourages leading industrial countries to implement appropriate economic policies and develop contractual relations.

ON THE QUESTION OF THE STRUCTURE OF INHERITANCE LAW

2021 ◽  
Vol 14 (2) ◽  
pp. 59-67
Author(s):  
EKATERINA KHODYREVA ◽  
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Central Place ◽  
Legal Regulation ◽  
Inheritance Law ◽  
Law System ◽  
Legal Norms ◽  
The Subject ◽  
The Right ◽  
Civil Law System

In the present article, the author considers various doctrinal judgments on the question of what constitutes inheritance law and what place it occupies in the legal system. The purpose of the research is to determine the structural divisions of the sub-branch of inheritance law and substantiate the view on the recognition of inheritance law as a sub-branch of civil law with the designation of its inherent institutions and subinstitutions. Results. Based on the results of the study, the author came to the conclusion that inheritance law, taking into account the content of the legal norms forming it, can only be recognized as a sub-branch of civil law. There are no sufficient grounds to consider inheritance law as an institution of civil law or as an independent legal branch as a structural unit of the legal system. Due to the subject of legal regulation, inheritance law is separated from other sub-sectors in the civil law system. Taking into account the specifics of the subject and method of legal regulation, the sub-branch "inheritance law" is subject to further differentiation into its constituent institutions and sub-institutes. It is concluded that it is necessary to distinguish five main institutions within the studied sub-sector, the central place among which belongs to the institute of inheritance law. The legal norms of this institution are currently dispersed in separate chapters of section V of the Civil Code of the Russian Federation and cover the specifics of regulating both hereditary and some related legal relations. It is this diversity to be included in the Institute of law of inheritance relations allows to conclude on the need for it subinstitute three: hereditary sub instructions, sub succession and sub the exercise of the right of inheritance.

Взгляды профессора Е. В. Васьковского на систему российского гражданского права и современность

2017 ◽  
Vol 70 (0) ◽  
pp. 0-0
Author(s):  
Andriej Szerstobitow
Keyword(s):  
Family Law ◽  
Civil Law ◽  
Legal Regulation ◽  
Property Law ◽  
Commercial Law ◽  
Inheritance Law ◽  
Law System ◽  
Special Part ◽  
General Part ◽  
Civil Law System

The article is devoted to the views of Professor E. V. Vaskovsky on the system of Russian civil law of the late XIX beginning of XX centuries. Giving a presentation on the civil law system E. V. Vaskovsky, first of all, emphasizes the feasibility of isolation in a special section of the general part. The most important parts of civil law system, he believes property law, law of obligations, family law and inheritance law, constitute a special part of civil law. Author composed of sections, which are section of the special part of civil law, including the rights materialized, embodies the bearer. Summing up the views of E. V. Vaskovsky on the system of civil law, it should be noted that along with the traditional inclusion of family law, the novella is extremely large character that took place in the end of XIX century in the field of legal regulation of intellectual creativity, and found in it reflected. Further, the article presents a generalized analysis of the current system of the Russian civil law. The concept of the civil law system, all also based on the division into the general and special part. Now, however, in the civil law system is allocated a number of subbrunches. Selecting subbrunches of the modern civil law associates with the isolation of each of them with their own general part. Currently, the structure of the special part of civil law includes the following subbrunches: corporate law; property law; inheritance law; law of obligations; the law of “intellectual property”; commercial law. Historical experience has shown that the “materialized rights” that E. V. Vaskovsky also singled out in the structure of the special part of civil law did not subbrunch of the modern Russian civil law, as the rapid development of the stock exchange trade resulted in the so-called “dematerialization” of securities, which is the main instrument of the stock market. Currently, the data set of rules should be considered as one of the most important institutions of commercial law as a subbrunch of modern civil law.

Twenty-Five Years of Civil Law System in Kuwait

1986 ◽  
Vol 1 (2) ◽  
pp. 216
Author(s):  
Isa A. Huneidi
Keyword(s):  
Civil Law ◽  
Law System ◽  
Civil Law System

The Civil Law System. Cases and Materials

1958 ◽  
Vol 106 (8) ◽  
pp. 1180
Author(s):  
George W. Stumberg ◽  
Arthur T. von Mehren
Keyword(s):  
Civil Law ◽  
Law System ◽  
Civil Law System

scholarly journals Contract Law Of Malaysia and Indonesia: Some Basic Comparison

1993 ◽  
Vol 23 (4) ◽  
pp. 308
Author(s):  
Shaik Mohd Noor Alam S.M. Hussain
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Contract Law ◽  
Law System ◽  
Common Law System ◽  
Civil Law System

Malaysia dan Indonesia memiliki persamaan dan perbedaan dalam sistem hukum. Keduanegara mengenal Hukum Islam dan Hukum Adat. Namun berkenaan dengan hukum Baratmaka Malaysia menganut "Common Law System ", sedangkan Indonesia negeri yangdimasukkan dalam "Civil Law System ". Karangan berikut ini mencoba memperbandingkansahnya suatu perjanjian menurut hukum "Common Law" Malaysia dan "Civil Law" Indonesia. Terlihat adanya perbedaan dalam unsur-unsur yang harus dipenuhi untuk sahnya suatu perjanjian di kedua negara tersebut.

Netherlands

2015 ◽  
Author(s):  
Richard Frimston ◽  
Chanien Engelbertink ◽  
Anneke Vrenegoor
Keyword(s):  
The Netherlands ◽  
Member State ◽  
Civil Law ◽  
District Court ◽  
Law System ◽  
Court Of First Instance ◽  
Civil Law System ◽  
The Eu

The Netherlands is a unified kingdom and member state of the EU, with a civil law system. The court of first instance is either the District Court (Rechtbank) or the Sub- District Court (Kantonrechter—‘KR’). KR is part of the District Court.

Spain

2015 ◽  
Author(s):  
Richard Frimston ◽  
Maria de los Reyes S�nchez Moreno ◽  
Juan Delgado Galindo
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Law System ◽  
Civil Law System ◽  
The Eu

Spain has a civil law system, is a member of the EU and is also multi-jurisdictional. Some regions (Cataluña, Aragón, Navarra) have specific laws affecting the protection of adults. Matters not covered by those laws and regions without specific laws are subject to the Spanish Civil Code (‘CC’).

Canada—Nova Scotia

2015 ◽  
Author(s):  
Alex Ruck Keene ◽  
QC Alison Scott Butler
Keyword(s):  
Nova Scotia ◽  
Civil Rights ◽  
Federal Government ◽  
Common Law ◽  
Civil Law ◽  
Political Rights ◽  
Canadian Charter ◽  
Law System ◽  
The Common ◽  
Civil Law System

Canada is a federation composed of ten provinces, including Nova Scotia (‘NS’), and three territories. The common law applies in Canada, with the exception of the province of Quebec, which uses a civil law system. There is a federal government; as a province, NS also exercises constitutional powers in its own right. Federal legislation includes provisions relating to adults within the scope of this work. The Canadian Charter of Rights and Freedoms also guarantees certain political rights to Canadians and civil rights to everyone in Canada, and contains rights that impact upon capacity law.

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