scholarly journals THE EXPRESS WILL OF A PATIENT: TYPOLOGY BY NATURE OF ITS ORIGIN

2017 ◽  
Vol 1 (9) ◽  
pp. 78
Author(s):  
Liga Mazure
Keyword(s):  
Medical Treatment ◽  
Legal Status ◽  
Comparative Method ◽  
Civil Law ◽  
Classification Criteria ◽  
Regulatory Framework ◽  
Legal Practice ◽  
Historical Method ◽  
Legal Nature ◽  
Legal Consequences

The patient's express will, in accordance with the nature of its origin, could be categorized into initial and derivative express will. However, the regulatory framework is insufficient in Latvia, considering the significance of these institutes in the civil-law protection of the patient's express will and their specificity of different legal nature.The aim of the research is to carry out the analysis of the patient's express will types according to the nature of origin, to determine regulatory gaps and propose certain solutions for the elimination of the identified gaps. In order to achieve the aim, the following objectives are set: 1) to analyse the patient's express will classification according to various classification criteria; 2) to study legal nature of patient's consent; 3) to assess patient's refusal of a medical treatment and its legal consequences; 4) to analyse withdrawal by a patient as a derivative express will. The following research methods are applied in the paper: semantic method; grammatical method; historical method; comparative method; systemic method; teleological method. Research hypothesis: if all the patient’s express will types based on the nature of origin are regulated in detail, the legal status of a patient in medical treatment legal relations will be improved and stabilized. Literature, regulatory acts and legal practice materials are applied in the research as information resources.The author has developed the principles regarding the patient's express will types based on the nature of origin, which are in accordance with the legal system of Latvia and should be implemented in the regulatory framework, thus improving the civil law protection of patient's express will.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

Cohabitation in the Slovak Republic: Myth or Reality?

2021 ◽  
Author(s):  
Lilla Garayová
Keyword(s):  
Legal Status ◽  
Family Law ◽  
Slovak Republic ◽  
Civil Law ◽  
Legal Framework ◽  
Legal Order ◽  
Marriage And Family ◽  
Central European ◽  
Traditional Marriage ◽  
Legal Consequences

The following article deals with the issue of cohabitation in the Slovak Republic. An institute, that while does not formally exist in Slovak legal order, still has certain legal consequences. Slovak family law is facing a comprehensive transformation, so it is expected, that many of the issues outlined in the submitted article will be properly dealt with in the expected recodification of Slovak civil law, that will include family law as well. As far as the current legal framework however, it leaves much to be desired. There is no legal institute which would be an alternative to traditional marriage, nor an institute which would comprehensively cover the legal status, rights and duties of cohabitants. This is due to the traditional nature of Slovak family law, the way the institute of marriage and family are dealt with in our legal order. While a comprehensive legal framework of cohabitation is missing, it cannot be said that the Slovak legislation ignores cohabitation – there are many legal consequences in various fields of law that relate to the rights of cohabitants. The article highlights the gaps in these areas as well as potential opportunities for future legislation. The research was carried out within the framework of the Central European Professors’ Network coordinated by the Ferenc Mádl Institute of Comparative Law.

Jeszcze w sprawie wielostronności, kauzalności i braku wzajemności umowy spółki cywilnej

2018 ◽  
Vol 72 ◽  
pp. 221-243
Author(s):  
Michał Możdżeń-Marcinkowski ◽  
Robert Rykowski
Keyword(s):  
Potential Application ◽  
Legal Status ◽  
Civil Law ◽  
Legal Regulation ◽  
Political Transformation ◽  
Law Firm ◽  
Legal Entity ◽  
Economic Context ◽  
Civil Partnership ◽  
Legal Nature

By this article authors have opportunity to take part in the discussion on multilateralism, causality and non-reciprocity of civil partnership agreements in Polish legal regulation. The article provides an in-depth, normative analysis of the legal nature of a so called “civil law company” in the context of its complex, practical and theoretical organizational nature. Authors took up the civil law firm as a legal entity. As a result of the changed legal and economic context in Poland after the period of political transformation, it became necessary to redefine many issues. An example of this is the discussion on the legal status of a civil partnership as well as the controversy about its qualification as an entrepreneur or as an organization. The intention of the authors is to try to draw attention to the fact that, with such diversity of potential application of a civil law partnership in business, the maintenance of one broad regulation, which is currently included in Art. 860–875 of Polish Civil Code is non-functional.

LEGAL STATUS OF PERSONS PARTICIPATING IN CLINICAL TRIALS

2019 ◽  
pp. 247
Author(s):  
Sanda Stikute
Keyword(s):  
Clinical Trials ◽  
Medical Treatment ◽  
Legal Status ◽  
Treatment Process ◽  
Medical Science ◽  
Principal Investigator ◽  
Regulatory Framework ◽  
Specific Nature ◽  
The Republic ◽  
Laws And Regulations

With the development of the medical science, the clinical trials has become more and more complicated. Taking into account the specific nature of such trials, the regulatory framework, establishing procedure for implementing of clinical trials, shall precisely separate the rights, duties and responsibility of involved persons during the process of a trial. Due to the fact that the current laws and regulations of the Republic of Latvia, regulating medical treatment process, describe the legal status of participants in a vague and cursory manner, the Article analyzes duties and responsibility of a sponsor, investigator, principal investigator and participant.

scholarly journals AKIBAT HUKUM PERATIFIKASIAN PERJANJIAN INTERNASIONAL DI INDONESIA: STUDI KASUS KONVENSI PALERMO 2000

2015 ◽  
Vol 1 (1) ◽  
Author(s):  
Wisnu Aryo Dewanto
Keyword(s):  
United States ◽  
International Law ◽  
Legal System ◽  
Legal Status ◽  
National Level ◽  
The United States ◽  
Legal Practice ◽  
Indonesian Government ◽  
International Obligations ◽  
Legal Consequences

<p><strong><em>A</em></strong><strong><em>bstract</em></strong><strong><em></em></strong></p><p><em>Ratification in</em><em> Indonesia does not have any legal consequences for the application of the treaties at national level.  The reason is that ratification only binds Indonesia as a subject of international law. In comparison, parliamentary approval in the Indonesian context is not the same as the United States Senate’s approval. </em><em>The Indonesian Government signed the Palermo Convention on December 12, 2000 and ratified it on April 20, 2009. The issue discussed here regards the legal status of this Convention.  In the 80’s it was assumed that any treaties ratified or acceded, would ipso facto be enforceable in Indonesia. I argued that Indonesia should be regarded as a state applying the monist approach, which legal practice seems to reject.  I stand for the monist approach especially with regard to the legal status of the 2000 Palermo Convention. In addition I also argue about the importance of differentiating between Indonesia’s international obligations and the issue of direct applicaton of the Convention by national couts.</em></p><p> </p><p align="right"><strong><em>Keywords: </em></strong><strong><em></em></strong></p><em>Ratification, Integration, Implementation, Treaty, Indonesia’s legal system</em>

scholarly journals Legal consequences of an excess of the property’s owner in the Civil Law in Russia and Germany

2019 ◽  
Vol 15 (2) ◽  
pp. 38-44
Author(s):  
A. A. Shcherbakov
Keyword(s):  
Systems Analysis ◽  
Legal Status ◽  
System Analysis ◽  
Civil Law ◽  
Practical Result ◽  
Property Relations ◽  
Legal Method ◽  
Bona Fide ◽  
The Russian Federation ◽  
Legal Consequences

Introduction. The article based on the methods of systems analysis and comparative law studies the legal consequences of the impossibility for the proprietor to return the thing requested by the owner as a result of the loss of the latter. The concept of “excess” in the civil law of Germany is discussed. The issue of competition of claims in the recovery by the owner of property from someone else’s illegal possession is resolved. The legal status of a bona fide and unfair proprietor in the event of “excess” in Russia and Germany is considered.Materials and Methods. The main methods of this study are the system analysis of legislation, the analysis of scientific literature, and the comparative legal method of research.Results of the Study. The main conclusion is the absence of a systemic and fair regulation of the position of a bona fide proprietor in Russia who is not able to return the thing to the owner in kind. The consequence of this is a violation of the balance of interests of the owner and the proprietor of the thing. The practical result of the study is a series of proposals for amending the institutions of vindication and unjust enrichment in the Civil Code of the Russian FederationDiscussion and Conclusion. Regulation of property relations requires the obligatory observance of the balance of rights not only of the participants of relations, but also of society and the state. Imbalance can lead to unjustified infringement of the rights of participants in legal relations.

scholarly journals Provider risks connected with uncertainty in the legal nature of online games’ terms of use

2020 ◽  
Vol 1 (3) ◽  
pp. 21-39
Author(s):  
Maria A. Andrianova ◽  
Ellina V. Vlasenko
Keyword(s):  
Legal Status ◽  
Comparative Method ◽  
Self Regulation ◽  
Online Games ◽  
Legal Regime ◽  
Virtual Property ◽  
Legal Literature ◽  
Legal Nature ◽  
Research Goal

In the practice of the Russian courts, when creating an account in an online multiplayer game, any agreement concluded between the provider and the user seems to be covered by article 1062 of the Civil Code of the Russian Federation, which is why this topic is not subject to judicial examination. However, this approach is unlikely to be applied for much longer, as it does not stand up to criticism. It can only be interpreted as a court attempt to insulate itself from the issue of virtual property. This article is devoted to the consideration the key risks to a provider related to the uncertain legal status of an online games’ terms of use, particularly the prohibition to share a user’s account or login credentials with anyone and a user’s actual rights to virtual content associated with his account. To achieve the research goal, the authors review the legal literature and perform a case study in this area, use a comparative method to identify legislative approaches in different legal systems regarding a user’s rights to their account and the virtual content connected with it, and determine the aspects of the user agreement that obviously contain risks for the provider. As a result of the research, the authors conclude that online multiplayer games are a sphere that tends to self-regulate. Therefore, to the extent possible, the risk of imbalance between self-regulation capabilities and the need to avoid abuse of the current situation, both by providers and users, should be minimized. The main source of regulation for relations between providers and players remains an agreement between them, which can be qualified as a mixed contract. However, such a qualification carries a risk for the provider, due to the complexity of determining the consequences of using the agreement as a single document, which combines various goals, ranging from determining the amount of processing of a player’s data and to fixing the legal regime of a user’s account. Regarding prohibition to share a user’s account, the authors assume that, according to Russian legislation, the most appropriate path is to determine it as a prohibition of assignment to secure providers from the liability for protection of users’ data. The lack of special regulation in this area allows the provider, through the terms of use, to sidestep the potential risk of protecting the player’s copyright on virtual content associated with his account. The authors, however, suggest that using an analogue of the American “sweat of the brow” doctrine in user agreements can to a certain extent remove the provider’s risks associated with the players’ real rights to their in-game property.

A kezességi szerződés szabályozása a román Polgári törvénykönyv rendszerében

2020 ◽  
Vol 3 (1) ◽  
pp. 71-83
Author(s):  
Emőd Veress
Keyword(s):  
Civil Law ◽  
Final Part ◽  
Legal Text ◽  
Natural Person ◽  
Legal Nature ◽  
In Virtue Of ◽  
Legal Consequences ◽  
Material Requirements

The author of the following study presents the institution of surety as it is regulated in Romanian civil law. The notion of surety (in the sense of the person offering the guarantee) is presented, as well as the legal nature of the surety contract, and its defining characteristic of an accessory guarantee as well as the conclusion of the contract and the formal and material requirements for its validity. In the following, the author presents the various types of surety regulated in Romanian civil law. Regarding the effects of the surety contract the study presents the legal consequences specifically regulated in Romania, which arise when the debtor fails to respect his obligations. In the final part of the study, the reasons for the cessation of the effects of the surety contract, are presented, with special emphasis on the death of the surety (natural person), which, contrary to the apparent meaning of the legal text, does not result in the cancellation of any debt owed by the deceased surety in virtue of the surety contract. This debt shall remain due as part of the surety’s estate.

scholarly journals La nature et l'intérêt du crédit-bail en informatique

2005 ◽  
Vol 29 (3) ◽  
pp. 815-827
Author(s):  
Claude Gilbert
Keyword(s):  
New Technologies ◽  
Civil Law ◽  
Third Party ◽  
The Third ◽  
Computer Equipment ◽  
Legal Nature ◽  
The Third Party ◽  
Legal Consequences

Third-party leasing is now part and parcel of new contractual forms that have appeared with the development of commerce. Moreover, progress in new technologies has given birth to computer contracts. In the same way that the originality of third-party leasing has stimulated thinking on the legal nature of this operation in Civil law, the technical complexity of considerations due under computer contracts has brought about the adoption of clauses specifically adapted to this type of covenant. Since the third-party lease is used to finance the acquisition of computer equipment, the ensuing note attempts to analyse the legal consequences of two converging enigmas. Briefly stated, third-party computer leasing is characterized by the distinction between hardware and software (of which the latter does not in principle lend itself to leasing operations), the particular importance of obligations on guarantees by the supplier with regard to the user, and to the presumption of technical ignorance on the part of the user. The second of these characteristics is normal in third-party leases and the last occurs frequently in computer contracts.

scholarly journals Az álképviselet szabályozása a román Polgári törvénykönyvben

2021 ◽  
Vol 4 (2) ◽  
pp. 119-130
Author(s):  
Előd Bartis
Keyword(s):  
Civil Law ◽  
Third Party ◽  
Special Regard ◽  
The Third ◽  
Legal Nature ◽  
The Third Party ◽  
Legal Consequences

The author of the following study presents the institution of unauthorized agency in Romanian civil law. The conditions and possible cases unauthorized agency are presented, as well as the facts which, although similar, cannot be considered as unauthorized agency. The author analyzes the legal nature of the contract concluded by the unauthorized agent, the legal consequences of the ratification by the principal and discusses in detail the unauthorized agent’s liability to both the principal and the third party. Finally, the study examines the conditions and consequences of the apparent authority, with special regard to the protection of the interests of the parties involved.

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