scholarly journals The Legal Regime of Basic Multiplicities in Bankruptcy Proceedings

Lex Russica ◽  
2021 ◽  
pp. 17-29
Author(s):  
D. O. Osmanova
Keyword(s):  
Civil Law ◽  
Legal Regime ◽  
Legal Form ◽  
Corporate Group ◽  
Interdependent Network ◽  
Legal Relationship ◽  
Legal Nature ◽  
The Future ◽  
Bankruptcy Procedure ◽  
The Moment

The paper substantiates the position that the entrepreneurial market is no longer a collection of individual participants one way or another interacting with each other through voluntary communication "clothed" in a legal form, but a potentially interdependent network, the presence of which is found in the conditions of a property crisis of one of its elements. In this vein, the bankruptcy procedure is an arena for the collision of multidirectional interests of multiplicities discovered in this process, the most important of which are the unions of the meeting of creditors. They engage persons included, together with the debtor, in a corporate group, qualified by the author as multiplicities of simple partnerships. These partnerships have a specific purpose, they arise at the moment of capital pooling (initiated by a corporate group) or objective bankruptcy (initiated by independent creditors), they are endowed with a certain amount of powers within the framework of the bankruptcy procedure with due regard to the specifics of their status and they cease to exist at the moment of an actual achievement of the set goal, which is not always connected with the termination of the trial. A feature of the studied varieties of a simple partnership is the predominant involuntary association of its participants when they are forced to interact with each other due to the insolvency of their counterparty. The uniqueness of this type of a partnership is manifested, among other things, in the form of a contribution to such a partnership, since, entering into civil law relations at the time of the objective solvency of the future debtor, his counterparties do not realize that their reciprocal contribution under the obligation is nothing more than "contribution" to the property (potentially bankruptcy) assets of the future partnership that arises at the time of actual bankruptcy of the person with whom they enter into a legal relationship. In addition, the author demonstartes the need to clarify the legal nature of this type of partnership, of which the debtor and related persons are members, in order to prevent the latter from participating in the bankruptcy process along with the debtor's independent creditors.

scholarly journals Legal fact as the grounds of real rights termination to someone else's things

2021 ◽  
pp. 147-151
Author(s):  
O.V. Ilkiv
Keyword(s):  
Civil Law ◽  
Legal Regime ◽  
Real Right ◽  
Legal Relationship ◽  
Legal Nature ◽  
The Will ◽  
Administrative Act ◽  
Legal Fact ◽  
Theoretical Foundations ◽  
Legal Consequences

The article is devoted to the study of the grounds for the cessation of real rights to foreign things in order to further develop the theoretical foundations for the settlement of the transition of real rights.  The foundations of the emergence of legal relations are analyzed, the elements of which are real rights to foreign things, and the legal facts of their termination are compared.  The article describes the will of the subjects of real relations on termination of real rights as a dispositive factor, as well as comparative orders relating to circumstances that are not based on a contractual basis.  The contract may be a legal fact that is the basis of the emergence of obligatory and real legal relations.  The grounds for the emergence and termination of real relations are largely dependent on the peculiarities of the object, the real relations and the purposes of their use, where depending on the type of real rights to foreign things will be determined by their legal regime.  The legal relationship that arises on the basis of the contract is mixed in nature, covering the obligatory and real legal nature of its components.  Investigated that the administrative act of the authority of power can not act as a direct basis for the termination of real relations that arose on the basis of the contract without its termination.  Therefore, the administrative act recognize the element of the legal composition, which ends with the termination of contractual relations.  The refusal to use someone else's property should be considered as a subjective real right of any subject of real rights, which is given this civil law.  The author came to the conclusion that in the event of the occurrence of the circumstance provided for a hypothesis of the legal norm, it can be considered as a legal fact, which is associated with the termination of real relations.  The legal consequences of the mechanism of law accession are the appointment of certain rights and responsibilities of participants in civil legal relations or legal relations as a whole.  In view of this, in the work it is proposed to improve the classification division of the grounds of termination of legal relations with strangers.

THE MEANING OF INTEREST IN OBLIGATIONS LEGAL RELATIONSHIP

2018 ◽  
Vol 1 (1) ◽  
pp. 21-32
Author(s):  
Владимир Анисимов
Keyword(s):  
Civil Law ◽  
Legal Relationship ◽  
Legal Nature ◽  
Law Regulation

The article is devoted to the topical questions of establishing the legal nature of interest and its role in civil law regulation of obligations, it also deals with the questions of the content of interest of each part of the obligation and the ways of their enforcement in the norms of civil law. It is concluded that the interest is the basis for the differentiation of civil law regulation of obligations.

Qatar financial centre foundations

2019 ◽  
Vol 25 (6) ◽  
pp. 611-616
Author(s):  
Christophe Jolk ◽  
David Russell
Keyword(s):  
Civil Law ◽  
Legal Framework ◽  
Gulf Cooperation Council ◽  
Legal Regime ◽  
Legal Form ◽  
Estate Planning ◽  
Legal Personality ◽  
Financial Centre ◽  
The Common ◽  
Case Basis

Abstract Like other Gulf Cooperation Council (GCC) jurisdictions, the Qatar Financial Centre (QFC) Foundation has very favourable private wealth and estate planning aspects, since it picks some of the best features in the common and civil law models and blends them into a single legal framework. One of the advantages of a QFC Foundation over a trust, for instance, is its legal personality and ability to own assets. Similar to other foundation laws within the GCC area, the QFC Foundation does not require a ‘dedicated fund appropriated to a specified purpose’ and also has a specific ‘firewall’ provision securing the asset dedications and benefits granted. Overall, the QFC Foundation is a favourable legal regime for estate planning and pretty standard compared to what other GCC foundations regimes offer. Settling for a specific jurisdiction and legal form should nevertheless be assessed on a case by case basis.

An Enterprise as an Object of Civil Rights in Subsoil Use: Challenges and Perspectives

2018 ◽  
pp. 108-116
Author(s):  
V. V. Levochko
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Civil Law ◽  
Legal Regime ◽  
Legal Form ◽  
Distinctive Features ◽  
Logical Approach ◽  
The Right ◽  
Legal Consequences

An enterprise as a holder of civil rights is a universal legal construction. When the I Part of the RF Civil Code was adopted, it was assumed that the enterprise would be the main participant of civil law transactions of the business. However, the introduced legal regime of the enterprise did not meet expectations. The study of theoretical standpoints with respect of the legal essence of the enterprise as a holder of civil rights shows the lack of unanimity of opinions among contemporary representatives of civil law. The most justified and logical approach to the development of legislation in this matter involves determination of a generic category "proprietary complex" and introduction of distinctive features in relation to its types, including the enterprise. The subsoil legislation and relevant jurisprudence analysis justifies the prospects for using the enterprise as a party to civil transactions in the subsoil use sphere, since its legal design allows to combine diverse property rights for their effective circulation, which, to a certain extent, will solve the problem of separate legal consequences for the rights to a subsoil plot and property inseparably attached to it, as well as the problem of the legal form of transfer of the right to subsoil use in certain cases.

scholarly journals Legal regime of unimplanted embryos in vitro from the positions of doctrine, civil law and judicial practice

2020 ◽  
pp. 238-242
Author(s):  
Nataliia Kvit
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Assisted Reproductive Technologies ◽  
Civil Law ◽  
Reproductive Technologies ◽  
Legal Regime ◽  
European Court ◽  
The Future ◽  
The Right

The article deals with the problem of determining the legal regime of unimplanted embryo in vitro, which due to the significantdevelopment of the field of assisted reproductive technologies, is increasingly at risk of its illegal use, or even illegal creation for commercialor other non-infertility treatment. The author analyzes different doctrinal approaches in the civil law of Ukraine and Germany,through the prism of the current legal regulation and practice of the European Court of Human Rights. The paper supports the positionon the right to the embryo as a personal immaterial right and expands it in the sense that such a component of reproductive rights asthe right to determine the future fate of embryos in vitro will also belong to persons to whom assisted reproductive technologies havebeen applied and as a result these embryos where created. Resulting from this analysis, the position on the inadmissibility of the interpretationof the unimplanted embryo as an object of property law is expressed. To support this point of view, the author cites the judgmentof the European Court of Human Rights in Parrillo v. Italy, in which the court emphasized the inadmissibility of the assessmentof embryos as an object of property rights. In particular, the paper proposes to define the regime of unimplanted embryo in vitro as anobject that has a personal immaterial connection to persons for whose treatment of infertility (parents-customers) it was created. Andit is these individuals who will have the right to determine its future. In this regard, it is proposed to reflect this concept in the cuurentregulation in partricular Procedure for the use of assisted reproductive technologies. From the proposed wording, first, it will followthat in vitro embryos created as a result of the partial or full use of donor biological material at the request of persons to whom assistedreproductive technologies are applied will have this personal connection only with the future parents and there will not be an ethicaldilemma regarding who will have the right to determine their future fate (biological parents (reproductive cell donors) or future parents).Secondly, it will also mean that embryos can only be created for reproductive purposes, and an institution providing reproductive ser -vices will not have the right to create or dispose of embryos in vitro at its own discretion without the proper consent of its future parent.And, thirdly, it will exclude the possibility of interpreting such embryos as objects of property rights.

scholarly journals Legal nature and features of retirement legal relations of Ukraine in terms of reforming

2020 ◽  
Vol 1 (1) ◽  
pp. 270-275
Author(s):  
Lyusya Mozhechuk
Keyword(s):  
Legal Status ◽  
Pension Reform ◽  
Scientific Article ◽  
Pension Insurance ◽  
Legal Form ◽  
Social Nature ◽  
Legal Relationship ◽  
Legal Nature ◽  
Definition Of ◽  
Legal Entities

The article deals with study of the legal nature and specifics of pension legal relations in Ukraine in the context of pension reform. In the scientific article the definition of such concepts as «pension insurance», «pension» and «pension legal relations» is formed. The main features of pension legal relations are highlighted, in particular, the attention is paid to their redistributive and social-alimentary nature. The specific features of the subjects and the object of the pension legal relationship are disclosed. In particular, the legal status of general and special pension legal entities is provided. The features of the pension that distinguish it from other payments of a social nature are identified. The scientific article describes the relation between the concepts of «pension legal relations» and «legal relations in the field of pension provision». The attention is focused on the directions of reforming the sphere of pension provision of Ukraine and the measures taken at the first stage of reforming. The definition of pension provision of Ukraine is given. This is the kind of material security provided for by the legislation, granted that there are grounds specified by the current legislation of Ukraine. The organization-legal form of pension provision is a pension legal relationship that enables it not only to exist, but to function as a whole. By their legal nature, retirement relationships are complex and characterized by the presence of certain features, including a special subject and an object. Pension law relations have undergone significant changes today due to the first stage of Ukraine's pension reform.

scholarly journals Reprezentarea ca putere în dreptul civil și societar

2021 ◽  
Vol 65 (3) ◽  
pp. 55-90
Author(s):  
Iulia Oprea
Keyword(s):  
Scientific Literature ◽  
Civil Law ◽  
Power Of Attorney ◽  
Commercial Law ◽  
Broad Applicability ◽  
The Past ◽  
Legal Nature ◽  
The Common ◽  
The Moment

The power of attorney, as a judicial mechanism, has enjoyed a broad applicability for the past centuries due to its undeniable utility, reaching, at the moment, a level of necessity in the professional and casual routine. However, a great amount of the scientific literature that discuss this subject focus on the analysis of the mandate agreement, as a source for the power of attorney, without studying the legal nature of this prerogative. That is why the purpose of the present paper, avoiding any claim of completeness, is to scan the representation as a species, closely analysing its genus: the power. The pragmatism of our approach is revealed by the fact that the study of representation takes place in the context of the matters in which it is mostly used and that is the common civil law and the derogatory commercial law.

TYPOLOGY OF ADMINISTRATIVE COURT PROCEDURE AND WAYS OF UNIFICATION OF CIVIL PROCEDURE

2020 ◽  
Vol 10 (5) ◽  
pp. 118-133
Author(s):  
N.V. SAMSONOV
Keyword(s):  
System Analysis ◽  
Civil Law ◽  
Administrative Law ◽  
Civil Procedure ◽  
Theoretical Discussion ◽  
Legal Relationship ◽  
Personal Rights ◽  
Arbitration Process ◽  
Legal Nature ◽  
Research Goal

Within a matter of a theoretical discussion about the legal nature of administrative court procedure, the article investigates the issue of issue of a type of this procedure. In order to reach the research goal the author solves the following problems: defines the essence of the protective legal relationship in the administrative court procedure; finds out whether it is typical for administrative court procedure to deal with dispute about personal right; makes a comparative analysis of the targets of administrative court procedure, its main principles with similar institutions in administrative and civil procedure. The methodological basis of the research is the dialectic approach. The author uses the methods of system analysis, formal logical analysis, formal legal and comparative legal methods. The following conclusions are made: as examining the cases in terms of administrative court procedure, the courts resolve the conflicts about personal right, that is typical for civil procedure; the main aim of administrative court procedure, civil and arbitration process is defense of violated or contested personal rights, freedoms and legal interests, that is not similar to the goal of administrative law and process; administrative court procedure and civil and arbitration process have common principles that differ essentially from the principles of administration law and process. The empirical data that confirm these conclusions are analyzed. The author concludes that administrative court procedure can be estimated as a new protsessual form of civil procedure. The unification of the general provisions of civil law procedural legislation is proposed.

III. THE MAKING AND UNMAKING OF THE COPENHAGEN ACCORD

2010 ◽  
Vol 59 (3) ◽  
pp. 824-843 ◽  
Author(s):  
Lavanya Rajamani
Keyword(s):  
Climate Change ◽  
Developing Countries ◽  
Kyoto Protocol ◽  
Secretary General ◽  
Differential Treatment ◽  
Legal Regime ◽  
Legal Form ◽  
Copenhagen Accord ◽  
The Future

The last two years have witnessed a flurry of diplomatic activity on climate change. In addition to the 16 weeks of scheduled inter-governmental negotiations under the auspices of the UN Framework Convention on Climate Change (FCCC), meetings, many at a Ministerial level, were convened by the G-8, the Major Economies Forum, the UN Secretary General, and Denmark, the host of the 15th Conference of Parties (COP-15) to the FCCC. Notwithstanding regular and intense engagement at the highest-level many fundamental disagreements remained in the lead up to COP-15, including on the future (or lack thereof) of the Kyoto Protocol, the legal form and architecture of the future legal regime, and the nature and extent of differential treatment between developed and developing countries.

scholarly journals ПРОБЛЕМИ ВИЗНАЧЕННЯ ПРАВОВОЇ ПРИРОДИ ДОГОВОРУ ПРО ПОДІЛ СПІЛЬНОГО МАЙНА ПОДРУЖЖЯ

2020 ◽  
pp. 49-57
Author(s):  
О. М. Пономаренко
Keyword(s):  
Common Property ◽  
Civil Law ◽  
Legal Regime ◽  
Legal Nature ◽  
The Common

The article is devoted to the study of the legal nature of the agreement on the division of the common property of spouses. The author comes to the conclusion about his civil law essence. It is concluded that this agreement is a material agreement, is not aimed at creating obligations between the parties, but at changing the legal regime of the common property of the spouses. The opinion is expressed that the determination of the legal nature of the agreement on the division of spouses’ property as a material civil law contract will significantly affect its regulatory regulation and the choice of ways to protect the violated rights of one of the parties.

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