scholarly journals The regulation of private conservation legal tools in Catalonia: an inspiring precedent for the Roman law jurisdictions

2019 ◽  
Vol 10 (1) ◽  
Author(s):  
Hernan Collado Urieta
Keyword(s):  
Nature Conservation ◽  
Civil Law ◽  
Civil Code ◽  
Roman Law ◽  
Private Law ◽  
Great Opportunity ◽  
Previous Decade ◽  
Unique Experience ◽  
Land Stewardship

In the first decade of the XXI century, Catalonia has successfully received Land Stewardship as a strategy for nature conservation. As a result, many efforts have been taken to regulate Land Stewardship agreements in the Catalan civil law given the great opportunity of the Catalan private law codification that has taken place in Catalonia during the present and previous decade. For this purposes, all features of these agreements, such as duration, effects and nature have been thoroughly studied giving place to specific provisions in the Civil Code of Catalonia. This unique experience is studied in this article, extracting the key elements, learning and suggestions leading to some guidelines for a European common roadmap to the regulation of land Stewardship agreements.

scholarly journals Guilt as One of the Grounds for the Prohibition (Suspension) Activities on the Russian Civil Law

2021 ◽  
Vol 2 ◽  
pp. 55-62
Author(s):  
E.M. Senotrusova ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Special Functions ◽  
Objective Assessment ◽  
Civil Law ◽  
Civil Code ◽  
Individual Characteristics ◽  
Point Of View ◽  
Roman Law ◽  
Private Law ◽  
The Russian Federation

The article considers the essence of the category of guilt as one of the grounds for prohibiting (suspending) activities under Russian civil law. The article analyzes the shortcomings ofthe legal definition of guilt stipulated in article 401 of the civil code of the Russian Federation due to the mixing of objectivist and subjectivist concepts. Based on the analysis of the judicial practice of the application of Article 1065 of the Civil Code of the Russian Federation, a conclusion was made about the unsatisfactory state of law enforcement in establishing guilt in a person’s behavior. Monuments of Roman law are studied for the purpose of revealing the category of guilt. A brief overview of approaches to the concept of guilt in the civil legislation of a number of foreign countries and in the Model rules of European Private Law is given. The positions of the Supreme Court of Austria and the countries of the Anglo-Saxon legal family are given on this issue. The article briefly covers the integral theory developed By E. A. Kramer for the objective assessment of individuals ‘ discretion in conducting any activity that may entail adverse consequences for third parties. In connection with the special functions and purpose of the Institute of responsibility in private law and institute for the prevention of harm, the conclusion is defended that it is unacceptable to directly borrow the category of guilt from criminal law to civil law. The article substantiates the need to apply the objectivist concept of guilt in civil law as a deviation from the standard of behavior of an ordinary reasonable participant in the turnover, taking into account individual characteristics of a person. Taking into account the provisions of the current civil legislation on liability, a conclusion was made about the possibility of applying a simplified scheme of forms and types of guilt, including when deciding on the establishment of an injunction. The question of the ratio of guilt, considered from the point of view of the objectivist approach, and wrongfulness is touched upon.

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.

A megbízási szerződés szabályozásának történeti vázlata Romániában

2020 ◽  
Vol 3 (1) ◽  
pp. 5-22
Author(s):  
Előd Bartis
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Roman Law ◽  
Historical Overview ◽  
Commercial Code

The study constitutes a brief historical overview of the development of the contract of mandate, as regulated in Romanian law. Firstly, the roots of this contract in antiquity and in Roman law are discussed, and the evolution of its major characteristics are revealed. Subsequently, the author presents the regulations applicable to the contract of mandate under the first modern codifications of Romanian civil law in the Calimach and Caragea codes, the Commercial Code of Wallachia of 1840, the Romanian Civil code of 1864, the Commercial Code of 1887, and the Civil Code of 2009, currently in force. The author presents the major historic evolutions of the Romanian regulation pertinent to the nature of the contract, the parties, their remuneration, the effects of the contract inter partes and towards third persons as well as the changes in regulatory logic from the differentiation of commercial and civil mandate to the unification of the two institutions in the Civil Code of 2009.

scholarly journals Legal Person Subject to Civil Law

2021 ◽  
Vol 9 (1) ◽  
pp. 13-23
Author(s):  
Cristian Macsim
Keyword(s):  
Present Article ◽  
Civil Law ◽  
Civil Code ◽  
Legal Person ◽  
Private Law ◽  
Wide Scope ◽  
Commercial Law ◽  
International Regulations ◽  
Constituent Elements

The legal person, now a distinct institution in its own right, regulated as such in the Romanian Civil Code, is the result of a long process of modernisation of Romanian legislation, but also of its harmonisation with international regulations which unanimously recognise the legal person as a subject of law. The notion of legal person was born in private law and has been and is used in all branches of law. Legal persons are distinct subjects in civil law or commercial law legal relationships. The legal person is a subject of law with a wide scope in the legal circuit. Commercial companies, autonomous companies, companies, are participants as legal persons in private law relationships. Legal persons are the entities provided for by law, as well as any other legally-established organisations which, although not declared by law to be legal persons, fulfill all the conditions provided for by the Civil Code and the relevant legislation. The present article aims to present the specific rules for the establishment and functioning of a legal person, as well as issues related to classifications and constituent elements, and to their liability for legal acts or deeds performed.

scholarly journals Evaluation Concepts in Russian Codifications of Civil Law

Lex Russica ◽  
2019 ◽  
pp. 37-50
Author(s):  
V. G. Golubtsov
Keyword(s):  
Essential Feature ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
Civil Code ◽  
Property Law ◽  
Private Law ◽  
Private And Public ◽  
The Impact ◽  
Basic Evaluation

Based on general legal and civilistic experience in the study of evaluative concepts, the author investigates the general and the specific in their civil law nature. As the result of the study, the author draws the conclusion that the existence of evaluative concepts forms a distinctive essential feature of civil law as private law. It is noted, however, that the doctrine, law-maker and law-enforcer need basic guidelines that will allow to define objective criteria for nominating concepts as evaluative, as well as for determining the boundaries of their systematic interpretation. Also, the author concludes that the impact of evaluation concepts on legal regulation in private and public law is different. In civil law, depending on the localization in the text of the Civil Code, it is possible to distinguish two groups of evaluation concepts. The first group includes the basic evaluation concepts that allow us to see the goals, meaning and specifics of civil law regulation. The second group, in the author’s opinion, includes peripheral evaluation concepts that are utilized by property law and separate contractual constructions and the presence of which allows to avoid unnecessary causality and, at the same time, makes it possible to bring legal regulation closer to real relations.

scholarly journals Więź emocjonalna ze zwierzęciem a dobra osobiste

Radca Prawny ◽  
2021 ◽  
pp. 148-167
Author(s):  
Karolina Panfil
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Private Law ◽  
Personal Interest ◽  
Monetary Compensation ◽  
Personal Interests ◽  
Legal Consequences ◽  
Prevailing View

Emotional bond with an animal and personal interests The paper looks at the legal consequences of a domesticated animal’s death in the sphere of private law. A prevailing view of the Polish doctrine excludes any claims aimed at monetary or non-monetary compensation of the harm suffered by an owner as a result of an animal’s death. Several recent cases concerning such claims, resolved by the Polish courts differently, have been criticized. In particular, most authors think that the emotional bond between a person and their animal cannot qualify as a personal interest protected by Article 24 of the Polish Civil Code. The article discusses critically the majority view and presents arguments in favor of a different approach to the civil law compensation for harm caused by a domesticated animal’s death.

A.L. MAKOVSKY AND THE REVIVAL OF RUSSIAN PRIVATE LAW

2021 ◽  
Vol 20 (6) ◽  
pp. 8-17
Author(s):  
E.A. SUKHANOV
Keyword(s):  
Intellectual Property ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Point Of View ◽  
Private Law ◽  
Public Interests ◽  
Private And Public ◽  
The Russian Federation

The article highlights the role of prof. A.L. Makovsky in the creation of the new Civil Code of the Russian Federation of 1994–2006, as well as in the organization of the practice of its application and the development of the Concept for the Development of Civil Legislation of the Russian Federation in 2009. Special attention is paid to the activities of A.L. Makovsky on the preparation of the Fourth Part of the Civil Code of the Russian Federation and the concept of intellectual rights enshrined by it, opposing the traditional archaic concept of “intellectual property”. The importance of the need to increase the attention of civil law to the issue of protecting the rights and interests of citizens and other weakest participants in civil legal relations in their opposition to the interests of large companies striving to take a privileged position in property turnover is shown. From this point of view, the author substantiates the need for a significant adjustment in the understanding of the balance of private and public interests, which is the basis of civil law regulation.

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.

Legal Features of the Provisions of Unjust Enrichment in Jordanian Civil Law and Comparative Law

2021 ◽  
pp. 1-14
Author(s):  
Sahib al-Fatlawi ◽  
Derar al-Daboubi
Keyword(s):  
Civil Law ◽  
Comparative Law ◽  
Civil Code ◽  
Roman Law ◽  
French Law ◽  
Independent Source ◽  
Unjust Enrichment ◽  
Legal Provisions ◽  
Islamic Jurisprudence

Abstract Unjust enrichment is considered one source of obligations, which stands in contrast to harmful acts as another source of obligation in the Jordanian Civil Code (JCC). The Unjust Enrichment Rule has developed historically from Roman law, through Islamic jurisprudence, then French law and jurisprudence to modern laws, such as that in Egypt influenced by French law. All these laws have recognised the Unjust Enrichment Rule as an independent source of obligation. Although the JCC was influenced by Islamic jurisprudence, Arab laws, such as the Egyptian Civil Code, and foreign-influenced Arab laws, its features distinguish it from other laws, either in terms of naming the source or the details related to its legal provisions. JCC’s special features need to be highlighted, defined and evaluated for comparison with other laws, i.e., proving beneficial when enacting a new JCC or defining it as unique rather than a copy of other precedent Arab laws.

scholarly journals A zálogjog és a hitelbiztosítéki nyilvántartás

2016 ◽  
Vol 13 (1-2) ◽  
pp. 15-26
Author(s):  
Fanni Ferenczi
Keyword(s):  
Civil Code ◽  
Roman Law ◽  
Private Law ◽  
Credit Guarantee ◽  
The Law ◽  
The Republic

Analyzing th esystem of mortgage we must reach back to the Roman Law. At that era it had been possible to pledge liabilities, rights and moreover aggregated asset, property. Mortgage is a long term institute of Hungarian Private Law as well. Paragraphs 251 – 269 of Act IV of 1959 on the Civil Code of the Republic of Hungary regulates mortgage in the Law of Obligations, placed among collaterals. In the last two decades the old Civil Code of the Republic of Hungary has been modified twice. Act V of 2013on the Civil Code of the Republic of Hungary weakens but definitely rewritten the principles of lending. Regulation of mortgage and the system of chattel mortgage registry has significantly changed. Several novelty has been introduced therefore the system of chattel mortgage registry was reformed too. Detailed regulations of credit guarantee registry in Act CCXXI of 2013 and Act 18/2014. (III. 13.) KIM has also been accepted correspondingly to the previous changes.

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