scholarly journals Effects of Coronavirus (COVID-19) Pandemic on the frustration of Bilateral Contractual Obligations according to the Iraqi Civil Law –An analytical study-

2020 ◽  
Vol 8 (2) ◽  
pp. 151-205
Author(s):  
Sherzad Azeez Sulaiman ◽  
Keyword(s):  
Analytical Study ◽  
Civil Law ◽  
Contractual Obligations

FORMS OF CONTRACTUAL LIABILITY: CONCEPT AND LEGAL CHARACTERISTICS

2020 ◽  
Author(s):  
Хусейн Вахаевич Идрисов ◽  
Хамзат Усманович Мираев
Keyword(s):  
Civil Law ◽  
Contractual Obligations

Гражданское право предусматривает возможность наступления ответственности, в том числе, и за нарушение договорных обязательств. Существующие доктринальные мнения, формулировки понятия ответственности за нарушение обязательств, вызывает дискуссии по поводу того, что именно можно относить к ее сущности и формам реализации. Исходя из этого, в статье рассмотрены понятие, основные характеристики и специфика форм договорной ответственности. Civil law provides for the possibility of liability, including for violation of contractual obligations. The existing doctrinal opinions, formulations of the concept of liability for breach of obligations, cause discussions about what exactly can be attributed to its essence and forms of implementation. Based on this, the article considers the concept, main characteristics and specifics of forms of contractual liability.

scholarly journals COVID-19 as a Catalyst for the Transformation of Contractual and Enforcement Practices

Legal Concept ◽  
2020 ◽  
pp. 31-40
Author(s):  
Yuliya Tymchuk
Keyword(s):  
Civil Law ◽  
Digital Technologies ◽  
Legal Method ◽  
Force Majeure ◽  
Logical Method ◽  
Coronavirus Infection ◽  
Business Entities ◽  
Contractual Obligations ◽  
Settlement Of Disputes ◽  
The Impact

Introduction: the article provides an overview of the impact of the coronavirus pandemic (COVID-19) on treaty and enforcement practices. The most common methods of conclusion of civil-law contracts, as well as problems of fulfillment of contractual conditions, which arose against the background of spread of coronavirus infection, are considered. Legislative innovations were analysed, which led to a change in the procedure for the execution of certain types of civil law contracts, court practice, in which the legal position of the parties was based on arguments about the coronavirus pandemic. Methods: this study used both public science (dialectical method of cognition, analysis, synthesis, formal-logical method, prognostic, etc.) and private science methods (formal-legal, method of legal interpretation, etc.). Results: it is justified to increase the demand for digital technologies in the context of measures taken by the state to prevent the spread of coronavirus infection. New trends in contract practice have been identified and considered. The possibilities of legal qualification of coronavirus as a force majeure, the circumstance that makes it impossible to fulfill obligations, a significant change of circumstances, including taking into account the available judicial practice at the time of writing, have been determined. Online settlement of disputes arising from non-performance of contractual obligations has been proved to be useful. Conclusions: based on the results of the study, the interdependence between the level of introduction of digital technologies into public administration, the judicial system, the economic activity of business entities and the possibility of adaptation to the conduct of current activities in these spheres in the context of the spread of the crown virus has been determined.

Coronavirus Pandemic and Contractual Justice: Legal Solutions and Realistic Approaches: A Study in Qatari Civil Law and Comparative Practices

2020 ◽  
pp. 1-20
Author(s):  
Abdullah A. Abdullah
Keyword(s):  
Economic Burden ◽  
Civil Law ◽  
Flexible Approach ◽  
The Core ◽  
Force Majeure ◽  
The World ◽  
Contractual Obligations

Abstract This article examines challenges and proposes legal solutions for the enforcement of contracts especially after the transformation of the economy following Covid-19 and related governmental measures that have swept throughout the world since December 2019. Maximising the role of the judge and increasing the contractual parties’ involvement in phases of contractual disputes constitute the core of this research. This article argues for strengthening the contractual guarantees by advocating for the use of the two contract doctrines of force majeure that normally lead to termination of contractual obligations, and changed circumstances that may trigger intervention of the judge to lift the economic burden of the debtor and reach a fair solution. This article also argues for adopting a more flexible approach to the application of the doctrine of change of circumstances during the performance of the contract that not necessarily relies on this traditional distinction between force majeure and hardship.

scholarly journals Performance of obligations in modern civil law

2020 ◽  
pp. 414-417
Author(s):  
Marharyta Butsan
Keyword(s):  
Necessary Conditions ◽  
Civil Law ◽  
Demand Fulfillment ◽  
Mutual Interest ◽  
Injured Party ◽  
Contractual Obligations ◽  
The Stability ◽  
The Right ◽  
Property Performance ◽  
Proper Performance

The article considers the notion of performance. Treaty obligations were the most common in the civil turnover. Their performance depends to a large extent the stability of the economy and society as a whole. Of particular importance are norms of civil legislation implementing the Treaty obligation. They are used daily in practical activities of legal entities and citizens. The performance of an obligation – it is always a process that takes some period of time and consists of a series of actions of the debtor and the creditor. Debtor proposes the execution, the creditor accepts it. The article studies scientific approaches with respect to conditions of contractual obligations. practice shows that most contracts are careless, do not contain the necessary conditions to realization of the interests of the parties, do not include measures to ensure contractual obligations. During the execution of such contracts often have complications, different interpretations by the parties to the same conditions, and as a result, there has been a massive failure by the parties of their responsibilities, resulting in numerous conflicts. The most important task of modern legal science and practice – the creation of legal mechanisms, allowing most effectively to ensure the proper performance of contractual obligations and to compensate the injured party for the loss caused by their failure or improper performance. Mechanism of performance of the obligation is the mutual interest of the parties. In determining the obligations a list of specific actions that the debtor is obliged to make in favor of the lender, is limited to the indication of the transfer of property, performance of work and payment of money. Undoubtedly, the parties rely on bilateral compliance with the obligations under the contract, but obviously there are cases when under any circumstances one of the parties does not fulfill its obligations. Performance of the obligation should also be understood as certain acts by the debtor (or refraining from doing,) that is the obligation of the debtor. In this regard, it should be noted that the lender has the right to demand fulfillment of the obligation, but the debtor is involved in such actions. Moreover, under proper performance to understand the performance of an obligation by an appropriate person at the appropriate time a particular person under equal circumstances. The real is the performance of specific obligations, which is reflected in the implementation of certain actions.

scholarly journals TANGGUNG JAWAB HUKUM NOTARIS TERHADAP AKTA AUTENTIK YANG DIBUAT DIHADAPANNYA (ANALISIS PUTUSAN NOMOR 2022 K/PDT/2013)

2021 ◽  
Vol 3 (2) ◽  
pp. 136-148
Author(s):  
Laberqi Pamitama
Keyword(s):  
Analytical Study ◽  
Civil Law ◽  
Civil Code ◽  
Direct Result ◽  
Legal Relationship ◽  
Illegal Acts ◽  
Legal Accountability ◽  
The Law

The Notary Deed in Article 1866 and Article 1867 of the Civil Code states that the Notary Deed is written evidence. In carrying out its duties, a Notary must be professional, this is stated in Article 16 letter of the Law on Notary Position. This research is a descriptive analytical study. The approach used in this research is a normative juridical approach. Based on the results of research and discussion, it can be concluded that: First, the form of Notary's legal accountability to the Authentic Deed made before him is the responsibility for the material correctness of the deed, then civil sanctions are imposed for errors that occur in the construction of illegal acts. Actions against the law in this case are active or passive. As a form of notary responsibility in the field of civil law, sanctions in the form of compensation, compensation and interest will be imposed as a result of which the Notary will receive from the lawsuit of the parties if the deed only has evidence as an underhand deed or the deed is null and void by law. Second, the notary can be responsible for the Authentic Deed made before him, it can be from reimbursement of expenses, compensation or interest that can be sued against the Notary based on a legal relationship between the Notary and the parties before the Notary. If there is a party who feels aggrieved as a direct result of a notary deed, then the person concerned can sue the notary publicly. In the case of a lawsuit due to an act against the law, Article 1365 of the Civil Code applies. In this case the Cassation Petitioners were rejected, so the Cassation Petitioners were sentenced to pay court fees at this cassation level.

scholarly journals Apstākļu izmaiņu ietekme uz līguma saistošo spēku un labas ticības princips

2021 ◽  
pp. 128-133
Author(s):  
Kaspars Balodis ◽  
Keyword(s):  
Civil Law ◽  
Good Faith ◽  
The Other ◽  
Fundamental Change ◽  
Contractual Obligations ◽  
The Right

According to the Civil Law of Latvia, Article 1587, a contract imposes on a party a duty to perform the promise, and neither the exceptional difficulty of the transaction, nor difficulties in performance arising later, shall give the right to one party to withdraw from the contract, even if the other party is compensated for losses. The Civil Law does not recognise a fundamental change in circumstances as a ground for adjustment or cancellation of a contract, although the doctrine is well known in the country. In many cases, Covid-19 restrictions have been damaging to parties’ ability to perform their contractual obligations. Under certain conditions, the principle of good faith (Article 1 of the Civil Law) could be applied to adjust contracts to the changed circumstances.

scholarly journals Features of the Commission of Fraud, Coupled with the Failure to Comply with the Provisions of a Civil Contract

2019 ◽  
Vol 12 (3) ◽  
pp. 69
Author(s):  
Togaibayeva S. S. ◽  
Yelyubayev M. S. ◽  
Aikumbeckov N. ◽  
Togaibayev A. I. ◽  
Khanov T. A.
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Legal Norms ◽  
The Republic ◽  
Fraudulent Activity ◽  
Contractual Obligations ◽  
The Moment ◽  
Objective Side ◽  
Civil Contract

The relevance of the study due to the need to consider the composition of a criminal offense in the form of fraud under the laws of the Republic of Kazakhstan. New market relations and insufficient legal regulation of certain aspects have expanded the offenders' ability to use the imperfections of legal norms for their own mercenary purposes. The difficulties arising in practical activities necessitate the clarification of controversial issues and the development of sound recommendations for the correct qualification and delimitation of fraud from other legal relations. Based on the study of practical examples of individual forms of fraud, the need for a differentiated approach to qualifications and the establishment of responsibility for fraud is indicated. The main content of the article is aimed at identifying and disclosing the basic concepts that determine the content of the considered offense and highlighting the main forms of deception that ensure the offender to achieve a criminal result. The objective and subjective characteristics of the composition of fraud are investigated, the features of establishing individual qualifying characteristics are considered. The main method of research used a comparative legal analysis of domestic legislation, used statistical data and the results of a survey of law enforcement officers. The article touches upon the problem of non-fulfillment of contractual obligations as a sign of fraud in the business sphere. Identified and investigated some signs of the objective side of fraudulent activity, in which as a cover for illegal actions, the use of civil law contracts that facilitate the commission of fraud is used. It justifies the conclusion that, taking into account the signs of the objective side, the moment of the end of fraud, coupled with non-fulfillment of contractual obligations, is different from the moment of the end of the usual fraud. Article materials may be valuable for practitioners of pre-trial investigations in terms of scientifically based proposals and recommendations on the qualification of typical fraudulent acts veiled under a civil law transaction.

TAX IMPLICATIONS OF CONTRACTUAL OBLIGATIONS

2020 ◽  
Vol 2 (9) ◽  
pp. 66-70
Author(s):  
E. N. TOKAREVA ◽  
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Evidence Base ◽  
Control Measures ◽  
The Russian Federation ◽  
The Difference ◽  
Contractual Obligations ◽  
Economic Transaction ◽  
Additional Charges

The article covers the issues of tax consequences of civil law transactions in the light of the application of Article 54.1 of the Tax Code of the Russian Federation. The difference between the concepts of transaction and financial and economic transaction is considered. Recommendations are given on the taxpayer's work at the stage of the draft contract and its execution, on the formation of an evidence base for passing tax control measures at the proper level with minimal risks of additional charges, fines and penalties.

scholarly journals Applying the Rules of Eviction in the Domestic Civil Law

Legal Concept ◽  
2020 ◽  
pp. 89-96
Author(s):  
Elvira Osadchenko
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Semantic Content ◽  
Good Faith ◽  
Third Party ◽  
Judicial Practice ◽  
Bona Fide ◽  
The Russian Federation ◽  
Contractual Obligations ◽  
Made In

Introduction: the paper is devoted to the study of certain problematic issues of eviction, which gives rise to the responsibility of an unscrupulous seller in the event of a third party claiming a thing. For this purpose, the author considers the concept and features of a bona fide buyer, identified by the civil doctrine and used by the judicial practice. Using the methods of scientific knowledge, primarily the method of system and comparative analysis, the author identifies the constituent features of “eviction” by applying an essential-substantival approach to the study of the concept of a bona fide purchaser. Results: it is found that the Civil Code of the Russian Federation does not contain a list of criteria confirming the good faith of a person. An attempt to develop such a list is made in the paper through the semantic content of the concept of good faith. Conclusions: the author concluded that fixing the eviction signs and the criteria of good faith in the civil legislation of the Russian Federation will make it possible to protect the interests of contractors, reduce the risks and protect the parties from possible fraudulent actions and most fully ensure the performance of contractual obligations primarily on the part of the seller.

scholarly journals Correlation of warranties and means of securing performance of obligations

2020 ◽  
pp. 1-7
Author(s):  
Olesia Emelianova
Keyword(s):  
Civil Law ◽  
Case Law ◽  
Legal Order ◽  
Legal Responsibility ◽  
Main Criterion ◽  
Legal Instrument ◽  
Relevant Case ◽  
The Subject ◽  
Target Designation ◽  
Contractual Obligations

This article presents the analysis of the current Russian civil legislation that regulates warranties of contractual obligations, which represent a fairly new contractual instrument for Russian economic turnover and means of securing performance of obligations (mainly by co-signing and independent warranty), being the traditional legal construct for Russian legal order. To carry out detailed study and comparison of the aforementioned legal constructs, the author also examines the relevant case law and doctrinal approaches regarding the subject of obligations, performance of obligations, means of securing performance of obligations, and civil legal responsibility. The methodology is based on the dogmatic, formal-logical, systemic, analytical and other methods. The result of this research yielded a conclusion that warranty within the system of Russian civil law is an independent legal instrument and is not a part of the system of means of securing performance of obligations, even in presence of coincidence with some of such means. The main criterion for distinction consists in the different functional and target designation of such legal means.

Sign in / Sign up

Export Citation Format

Share Document