scholarly journals La naturaleza jurídica y caracteres de la acción del artículo 669 inciso 1° del Código Civil chileno

2021 ◽  
Vol 8 ◽  
pp. 207-265
Author(s):  
Ricardo Núñez Cádiz ◽  
Keyword(s):  
Civil Code ◽  
Legal Nature ◽  
Unjustified Enrichment

In the present work the legal nature of the action established on article 669 paragraph 1° of the Chilean Civil Code is explored; even though it seems to be agreement as to what a restitutionary reimbursement is, this is not asserted enough, which generates difficulties at the judicial level. Indeed, concerning the action of reimbursement granted by article 669 paragraph 1°, no distinction has been drawn between the restitutionary and compensatory character of the norm. Having an unduly property allocation taken place, the principle of unjustified enrichment imposes the obligation of restituting, thus not being required a correlative impoverishment in order to claim the restitutionary reimbursement, since the action is not aimed at compensating the impoverished, but to recovered the unduly assigned enrichment, this way, regarding the studied action the stress muss shift from the amount of the impoverishment to the effective amount of the enrichment, so as not to apply the compensatory logic to the restitutionary reimbursement.

Compensation for Infringement of Copyright and Related Rights: Essence and Primary Functions

2020 ◽  
Vol 5 ◽  
pp. 34-40
Author(s):  
N. V. Buzova ◽  
◽  
R. L. Lukyanov ◽  
Keyword(s):  
Russian Federation ◽  
Research Method ◽  
Comparative Law ◽  
Civil Code ◽  
Judicial Practice ◽  
Legal Remedy ◽  
Legal Nature ◽  
The Russian Federation ◽  
Judicial Protection ◽  
Exclusive Right

The Civil Code of the Russian Federation provides an opportunity to the rightholder in case of infringement of his exclusive copyright and related rights to demand in court instead of compensation for damages incurred by him to pay compensation. In most cases, when the rightholder applies for judicial protection of his violated rights, he requires the recovery of compensation. This article discusses the legal nature of compensation as a legal remedy of an exclusive right and its primary functions. When writing an article, a comparative law research method is used. As a result of the analysis of russian and foreign legislation, as well as judicial practice, it was found that compensation, in addition to restorative, also has a preventive function and can be considered an analogue of statutory damages.

SUBORDINATION AGREEMENT IN THE SYSTEM OF PRIVATE LAW

2021 ◽  
Vol 21 (3) ◽  
pp. 7-107
Author(s):  
M.D. TYAZHBIN
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Law Reform ◽  
Private Law ◽  
Legal Nature ◽  
The Russian Federation

The article is dedicated to the category of subordination agreements. Based on the concept of conflict of rights in personam, the author makes an attempt to integrate this category into the system of private law, to determine the legal nature of subordination, and from these positions to assess the effectiveness of Art. 309.1 of the Civil Code of the Russian Federation, implemented in the course of the civil law reform.

scholarly journals Czy przebaczenie niweczy skutki uprzedniego wydziedziczenia?

2017 ◽  
Vol 21 ◽  
pp. 143-153
Author(s):  
Anna Moskal
Keyword(s):  
Supreme Court ◽  
Civil Law ◽  
Civil Code ◽  
Inheritance Law ◽  
Dominant Position ◽  
Legal Nature ◽  
The Supreme Court ◽  
Lower Courts ◽  
The Subject ◽  
Made In

Does forgiveness nullify the effects of previous disinheritance? The legal nature of forgiveness is the subject of passionate debates among the representatives of civil law doctrine. According to the dominant position in the literature, forgiveness is an act of affection or its manifested expression of forgiveness of the perpetrator of experienced injustice and related to this grudge. This institution has been applied three times in the Civil Code — once with the donation agreement, twice in regulations of inheritance law. Article 1010 § 1 provides that a testator cannot disinherit eligible for legal portion if he forgave him. The wording of the above article indicates that accomplishment of disinheritance in case if testator eligible for legal portion has previously forgiven. The legislator did not, however, determine the effects of forgiveness in relation to previous disinheritance. In the act of 1971, the Supreme Court accepted that such forgiveness would automatically nullify the effects of disinheritance, and could be made in any form. In recent years, lower courts have begun to question the Supreme Court's position, and judges increasingly refer to the critical statements of numerous doctrines. As it was rightly stated, admitting the possibility of invoking the forgiveness made after disinheritance poses a serious threat to the realization of the testator’s will, who, by forgiving, does not necessarily want to revoke the effects of his previous disinheritance. The postulate of de lege ferenda is, according to the author of the article, giving of freedom of judging the effects of forgiveness to the courts and each examination of the forgiving testator’s will on the possible abatement of the consequences of previous disinheritance.]]>

scholarly journals Legal Nature of “Hire Purchase” in Iranian and Islamic Law

2016 ◽  
Vol 10 (1) ◽  
pp. 7
Author(s):  
Mehdi Motalebi ◽  
Hassan Khosravi
Keyword(s):  
Sustainable Development ◽  
Islamic Law ◽  
Civil Code ◽  
Economic Interest ◽  
Legal Nature ◽  
Laws And Regulations

Hire purchase contract in Iran law is known as conditional hire contract which is based on article one of the executive direction. It is a correct, legal and applicable contract which has useful privilege and is used in order to easily and holistically access to economic interest and sustainable development. Therefore it is necessary to explain it in law and Islamic law also to approve its laws and regulations. The objective of this research is to investigate the legal nature of hire purchase in Iran and Islamic law. This research is based on descriptive and library methods. According to the results due to the lack of law records in civil code, hire purchase has not been explained in Iran law and needs to be characterized separately.

scholarly journals ПРОБЛЕМИ ВІДПОВІДАЛЬНОСТІ ФІНАНСОВОЇ УСТАНОВИ ЗА ДОГОВОРОМ БАНКІВСЬКОГО РАХУНКУ (НА ПРИКЛАДІ ОБІГУ БАНКІВСЬКИХ МЕТАЛІВ)

2019 ◽  
Vol 14 ◽  
pp. 97-105
Author(s):  
О. П. Подцерковний
Keyword(s):  
Financial Institutions ◽  
Precious Metals ◽  
Civil Code ◽  
Bank Account ◽  
Legal Nature

У статті досліджується правова природа договору банківського рахунку з позиції за­стосування засобів відповідальності до фінансової установи під час зберігання банківських металів. Зроблено висновок, що грошові зобов'язання з оплати коштів у разі неможливості повернути банківські метали не можуть тлумачитися такими, що постають із договору бан­ківського вкладу, договору банківського рахунку чи зобов'язання з виконання платіжного доручення в розумінні положень Цивільного кодексу України.   The article examines the legal nature of a bank account in terms of application of the responsibility to financial institutions during storage of precious metals. It is concluded that the obligation to pay money in case of failure to return the precious metals can not be interpreted as being based on the bank deposit agreement, bank account agreement or obligation of payment order within the meaning of the Civil Code of Ukraine.

scholarly journals THE LEGAL NATURE OF THE MORTGAGE (THE GUARANTEE) AND ITS DELIMITATIONS FROM THE ADJACENT CIVIL AND LAW PHENOMENON

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 40-49
Author(s):  
V.G. Rotan ◽  
◽  
S.V. Ochkurenko ◽  
Keyword(s):  
Civil Code ◽  
Liability Law ◽  
Legal Nature ◽  
The Absolute ◽  
The Right ◽  
Estate Law

In this article it substantiates the understanding of the sense of the mortgage (the guarantee) as the complex of the liability law. The absolute (of estate) law relationships apropos of the mortgage (the guarantee) have especially auxiliary significance. And this is why they cannot express the essence of the mortgage (the guarantee).There is an insolubility of the question on the character of the mortgage (the guarantee) in the science. It is caused by this: the discussion on the character of the mortgage (the guarantee) is implementing in principle out of touch of the standards of law, which regulate the mortgage (the guarantee) relationships and out of law relationship, appearing as a result of such regulation or this discussion does not take into account in the appropriate measure the content of the corresponding law statements. The supposed inclusion of the statements on the mortgage (guarantee) in part II of the Civil Code will negatively influence the structure of the Civil Code. We have to differ the mortgage (the guarantee) from the adjacent law phenomenon. In particular the assignment to the mortgagee (creditor on the obligation, which is secured by the mortgage (the guarantee) of the right to satisfy its requirement at the expense of sources, enumerated in paragraph 2 of the article 334 of the Civil Code does not mean that the appropriate rights and law

scholarly journals Electronic Money: the Problem of Determining the Place in the System of Objects of Civil Rights

Legal Concept ◽  
2020 ◽  
pp. 110-115
Author(s):  
Ekaterina Vavilova
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Regulation ◽  
Civil Code ◽  
Electronic Money ◽  
Advanced Level ◽  
Legal Method ◽  
Legal Nature ◽  
The Russian Federation

Introduction: with the development of the digital economy, the sphere of non-cash payments reaches its peak value. This legal institution is particularly important in connection with the goal set in Russia’s strategic documents to improve the quality of non-cash payments and bring them to a new, technologically advanced level. The good legal regulation of certain legal issues in this regard is one of the most urgent tasks of the modern state. In this regard, the author aims to study an important element of the system of non-cash payments –electronic money – and determine its place in the civil rights system. Methods: the methodological framework for this research is a set of methods of scientific knowledge, among which the main ones are the comparative legal method, as well as the methods of systematicity and analysis. Results: the author’s well-founded position is based on the analysis of the legislation and opinions of the scientists expressed in the competent scientific community on the issue of recognizing electronic money as an object of civil rights and, accordingly, assigning it to a certain category of objects named in Article 128 of the Civil Code of the Russian Federation. Conclusions: the study proved that the lack of full understanding of the legal nature of electronic money was connected with the unresolved issue of its belonging to the objects of civil rights, in whose connection it substantiated the belonging of electronic money to the rights of obligation to claim to be included in Article 128 of the Civil Code of the Russian Federation as an object of civil rights.

PROBLEMS RELATED TO THE CONTRACT OF CARRIAGE OF GOODS BY SEA

2021 ◽  
Vol 20 (6) ◽  
pp. 18-29
Author(s):  
N.G. MARKALOVA
Keyword(s):  
Russian Federation ◽  
General Rule ◽  
Civil Code ◽  
Present Moment ◽  
Distinctive Features ◽  
Maritime Law ◽  
Bill Of Lading ◽  
Legal Nature ◽  
The Russian Federation

This article is dedicated to the memory of Doctor of Law, professor Makovskiy A.L. under whose guidance the author prepared her thesis for Ph.D in Law. The author recollects years of work in the Division of international private, Soviet and foreign maritime law of the institute “Soyuzmorniiproekt”, which was governed by A.L. Makovskiy and outlines the achievements of Alexander Lvovich in the area of maritime law. The article addresses issues regarding the notion of a contract of carriage of cargo by sea, which up to the present moment give rise to discussions in legal community. Distinctive features of two types of contracts of carriage of cargo by sea are pointed out: charter contract made as a general rule in case of tramping and contract of carriage of cargo by sea in line traffic under a bill of lading. The author distinguishes legal relations in case of carriage of cargo by sea from legal relations in case of freight of a sea vessel demonstrating their different legal nature. Attention is paid to the fact that the contract of carriage of cargo by sea corresponds to Chapter 40 of the Civil Code of the Russian Federation “Carriage” and the contract of freight of a vessel for a certain time (time-charter) and a contract of freight of a vessel without a crew (bareboat charter) correspond to Chapter 34 of the Civil Code of the Russian Federation “Lease”. Based on judicial and arbitration practice the article shows the difficulties of perception of Article 787 of the Civil Code of the Russian Federation “The Contract of Freight” and points out the need for changing its contents.

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