scholarly journals Recognition of right as a way to protect liability rights

2019 ◽  
pp. 76-84
Author(s):  
A. S. Starovoytova
Keyword(s):  
Civil Rights ◽  
Subject Matter ◽  
Practical Application ◽  
Legal Relationship ◽  
The Subject ◽  
The Right

The article substantiates the conclusion that recognition of the right is a universal way of protection of civil rights. This method of protection can be applied to liability rights. The article reveals the practical application of recognition of right as a way of protecting liability rights. The author states that the requirement to recognize the contract as concluded is a claim to recognize the obligations legal relationship. The structures similar to the recognition of liability rights are analyzed and the conclusion that such requirements are not claims for recognition, but are claims for award is reasoned. Claims for recognition of obligations are recommended to be divided into positive and negative. Particular attention is given to the legal design of the claim on recognition of obligations rights. In particular, the issues of the subject of the claim, its subjects, the conditions of presentation and satisfaction of the claim were considered. The claim for recognition of the right of obligation in its subject matter should be qualified as a requirement for confirmation of legal relationship.

The problem of pecuniary nature of relation ships, included in the subject matter of civil law

10.12737/5577 ◽  
2014 ◽  
Vol 2 (2) ◽  
pp. 58-67
Author(s):  
Валентина Рузанова ◽  
Valentina Ruzanova
Keyword(s):  
Civil Rights ◽  
Subject Matter ◽  
Civil Law ◽  
Classification Criterion ◽  
Legal Relationship ◽  
The Subject ◽  
First Time

The article is dedicated to revealing the essence of pecuniary relationships as part of the subject matter of civil law. Based on the analysis of existing doctrinal approaches the author ascertains attributes of these relationships and formulates their definition. The author reveals connection of civil legal relationship (subjective civil rights) with the subject matter of civil law, and for the first time in the literature it is concluded that they have common classification criterion. In the text the main groups of pecuniary relations regulated by different subbranches and institutes of civil law are determined. It is noted that civil forms of expression of pecuniary relationships are diverse.

scholarly journals The Subject Matter of the Lawsuit as a Feature Individualizing the Lawsuit

Lex Russica ◽  
2021 ◽  
pp. 61-72
Author(s):  
V. N. Ivakin
Keyword(s):  
Subject Matter ◽  
Point Of View ◽  
Legitimate Interest ◽  
Legal Relationship ◽  
The Subject ◽  
The Law ◽  
Definition Of ◽  
The Right ◽  
Substantive Law

The question concerning the concept of the subject matter of the claim, which is one of the features that individualize the claim, is one of the most disputable and unsettled in the doctrine devoted to the claim. A number of legal scholars define the subject matter of the lawsuit as the substantive law claim of the plaintiff against the defendant. However, this definition cannot be accepted as correct, since, first, petitioners bring claims that cannot meet the above requirement (for example, claims for recognizing transactions as invalid), and, second, the statements of claim filed with the court contain demand (request) for the court, rather than a claim against the defendant.According to another point of view, the subject matter of the claim should be understood as the subjective right indicated by the plaintiff and the corresponding obligation or civil legal relationship in general, about which the court must make a decision. It is also impossible to agree with the above definition of the subject matter of the lawsuit in view of the fact that, as A. A. Dobrovolsky correctly noted, the law provides that the statement of claim must indicate the plaintiff’s claim rather than the disputed legal relationship. We should also agree with the argument given by G. L. Osokina, according to which the logic and practice of the statement of claim for the defense dictate the need to include a subjective right or legitimate interest in the basis of the claim, and not in its subject matter. According to the point of view of K. S. Yudelson, the subject matter of the claim is the requirement to the court to protect the right in the form that corresponds to the stated requirement. However, since this definition is too general, it cannot be used to resolve the issue of the equivalence of claims. The definition of the subject matter of the claim as protection (V.N.Scheglov) or a method of protecting the right (G.L. Osokina) also have the similar drawback. The most correct is the definition of the subject matter of the claim as the protection of a subjective right, freedom or legitimate interest through the specific application of one of the methods provided for by law or the direct exercise of the right that the plaintiff asks the court about.

Observations on the Provenance of the Thames Valley Pick, Swalecliffe, Kent

1926 ◽  
Vol 5 (2) ◽  
pp. 224-230 ◽  
Author(s):  
F. H. Worsfold
Keyword(s):  
Subject Matter ◽  
Sloping Ground ◽  
Relative Age ◽  
Treasure Trove ◽  
The Road ◽  
University College London ◽  
Exact Position ◽  
The Subject ◽  
London Clay ◽  
The Right

From the Marine Parade, Tankerton, Whitstable, looking East, one obtains a capital view of Tankerton Bay, Swalecliffe, in which my discoveries have been made which are to form the subject matter of this paper. The grassy cliff at Priest and Sow corner at the end of the road stands at 55 O.D. This height gradually declining round the arc of the bay, to die out entirely in the Long Rock occupying the middle distance and through which the Swalecliffe Brook discharges into the sea. Just beyond, a little to the right, are the disused Swalecliffe Brick Works, with Stud Hill and Hampton lying further back. To the left and edging the horizon, Herne Bay Pier is clearly discernable. The accompanying copy of (Plate I.) the 25-in. Ordnance map of this Tankerton Bay section gives the exact position of the 650 yards from the Parish Boundary Stone eastwards indicated thereon with a X in which are found the gravels and brick-earths which have proved so rich in archaeological treasure trove. The whole of this south-easterly directioned well-drained gently sloping ground, from the Priest and Sow corner to the Swalecliffe brook, forms an ideal camping site. Last April a paper was read by me before the Geological Association, at University College, London, entitled “An Examination of the Contents of the Brick Earths and Gravels of Tankerton Bay, Swalecliffe, Kent,” in which the geological aspect of this section was fairly exhaustively treated, so that in this particular it will be unnecessary for me to do more than give a brief summary of the results of that examination as to the relative age and stratigraphical sequence of the Drift material found here overlying the London Clay.

scholarly journals XXXI.—On the Limits of our Knowledge respecting the Theory of Parallels

1864 ◽  
Vol 23 (3) ◽  
pp. 433-450
Author(s):  
Kelland
Keyword(s):  
Human Mind ◽  
Practical Application ◽  
Very Old ◽  
Metaphysical Problem ◽  
Pure Logic ◽  
History Of ◽  
The Subject ◽  
The Right ◽  
Negative Conclusion ◽  
Positive Results

The subject of this paper is a very old one, and may to many appear to be sufficiently worn; but I venture to hope, that there are some to whom a glimpse of the successive approaches of the human mind towards the right understanding of a question of pure logic, may have an interest,—even although the problem solved be an abstract one, and the conclusion a negative conclusion, having little practical application. Like the kindred problem of the quadrature of the circle, or the metaphysical problem of “Knowing and Being,” the theory of parallels has been attacked in various directions, and although it is true that no one ever reached the goal he aimed at, yet it is not the less certain that great and positive results have followed in the history of human attainment. If no other lesson has been learnt, this at least may have been: that in reasoning it is necessary to look warily around and abroad at every step, seeing that admissions, the most obviously inadmissible, or evasions the most palpable, have foiled generations of thinkers, whilst those who have detected their errors have fallen into others of an equally destructive character.

9. Easements

Land Law ◽  
2017 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Subject Matter ◽  
Essential Feature ◽  
Content Acquisition ◽  
The Subject ◽  
The Right

This chapter examines easements and how they relate to the content, acquisition and defences questions. Easement refers to the right of a landowner to enjoy a limited use of neighbouring land. An essential feature of an easement is the need for two pieces of land: the dominant land to which the benefit of the easement is attached and the servient land over which the easement is exercised. This chapter considers the four defining characteristics of an easement: there must be two distinct areas of land — dominant land and servient land; the dominant and servient land must be owned by diffrent people; the easement must ‘accommodate’ the dominant land; and the right must be capable of forming the subject matter of a grant. It also discusses the express creation vs. implied creation of an easement, along with defences that can defeat an easement.

17. The Essential Characteristics of Easements

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Subject Matter ◽  
Wide Range ◽  
Explanatory Text ◽  
The Subject ◽  
The Right ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the characteristics of an easement: there must be a dominant and a servient tenement; the easement must accommodate the dominant tenement; the easement must be owned or occupied by different people; and an easement must be capable of forming the subject matter of a grant. All four characteristics must exist for a right claimed to be an easement. If any one of those is missing then the right is not an easement.

An Achievement test in Solid Geometry

1928 ◽  
Vol 21 (3) ◽  
pp. 151-162
Author(s):  
Louis A. McCoy
Keyword(s):  
Secondary School ◽  
Subject Matter ◽  
Achievement Test ◽  
School Mathematics ◽  
The Other ◽  
Good Teacher ◽  
Secondary School Mathematics ◽  
Solid Geometry ◽  
The Subject ◽  
The Right

In the work of teaching secondary school mathematics in a large school where there are as many as twelve different divisions of the same subject, it would be very interesting and indeed very enlightening to see the different grades of work being done. Different teachers have their own pet ways of doing things, of presenting new matter, of conducting recitations, of drilling on old matter, of developing mathematical power in their pupils, etc. And yet they are all striving for the same results. The fact that one teacher's pupils consistently attain better results naturally should put a premium on that teacher's methods, and the work of the department would be improved if some of the other teachers would take a leaf out of the successful teacher's book. Students will often remark “So and So is a good teacher; I get a lot out of his class; he makes things clear; he has good discipline; he certainly gets the stuff over, etc.”An inspector visits the class, notes the attitude of the pupils, the personality and skill of the teacher, and oftentimes is familiar enough with the subject matter of the recitation to see if the pupils are catching and giving back the right things, and then grades the teacher as an Al man, for example. But does the opinion of the boys themselves or the visitor answer the question whether or not the teacher is successful in giving his subject to the pupils? Don't we need something more objective, more tangible, more exact on which to pin our faith? In general the supervisors are hitting it right, also the students, but we think we can do better.

scholarly journals Influence of Subjective Civil Rights Protection on the Dynamics of Contractual Obligations

2019 ◽  
pp. 67-79
Author(s):  
Oleh OMELCHUK
Keyword(s):  
Civil Rights ◽  
Stages Of Change ◽  
Scientific Article ◽  
Legal Rules ◽  
Legal Relationship ◽  
Person Features ◽  
Contractual Obligations ◽  
The Moment ◽  
The Right ◽  
Self Protection

The scientific article explores the influence of methods of protection of subjective civil rights on the dynamics of contractual binding legal relations. Scientific approaches to understanding the concepts of «protection» and «protection of civil rights» have been identified. Reference is made to the relevance of the concept of «protection of civil rights» as the application of a system of methods provided for by law aimed at «termination of violation, restoration or recognition of a civil right or compensation of damages caused to the entitled person». Features are described and the concept of ways to protect subjective civil rights is defined. The concepts of «means of protection» and «measures of protection» are distinguished. Special and general ways of civil rights are described. It is concluded that special ways of protecting civil rights are provided for in the legal rules governing specific legal relations, in particular with regard to contractual binding legal relations. It is determined that civil law grants every person the right to protection of his civil right in case of its violation, non-recognition or challenge. It is stated that certain types of contractual obligations apply means of protection, which are measures of liability. The relationship between «operational measures» and «methods of self-protection» has been studied, and it has been determined that operational measures are a form of self-protection methods, as they have a number of common features. It has been proven that any legal relationship is in the dynamics associated with legal facts from the moment of its occurrence to the moment of termination, which are mostly distant from each other in time and space. It is justified that both general and special ways of protecting civil rights are possible at the stage of the establishment of a contractual binding legal relationship. Along with the emergence of a legal relationship, the stages of change and termination of the legal relationship occupy a place.

scholarly journals Ghostwriters as a Legal Phenomenon: Features and Perspectives of Legal Regulation of Their Activity

Lex Russica ◽  
2021 ◽  
pp. 19-27
Author(s):  
N. V. Zaitseva
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Civil Law ◽  
Fundamental Property ◽  
Legal Regulation ◽  
Administrative Law ◽  
Scientific Field ◽  
Property Right ◽  
The Subject ◽  
The Right

The paper is devoted to the problem of using the work of another person in the intellectual field, primarily in literary activity. The involvement of ghostwriters in writing literary works has created a legal phenomenon when the subject matter of contractual relations represents the inalienable non-property right, namely: the right of authorship the transfer of which is not possible in many jurisdictions, and in others, despite the absence of an explicit prohibition, there is no legal regulation of such alienation. However, the existence of ghostwriters cannot be assessed as a unique phenomenon of modernity. In our time, they have only gained new forms and a special place not only in the literary, but also in the scientific field. In this regard, the establishment of legal mechanisms for attracting and regulating ghostwriters is more effective than the establishment of a system of prohibitions.In the conditions of changing publishing businesses and increasing ways and forms of proof, questions about the authenticity of a person's authorship began to arise increasingly, especially in the field of scientific and scholarly literature, where the work of "new" researchers is often used. The issue of assignment of the right of authorship (copyright) — a fundamental property right — is treated differently in different legal systems. The continental system of law relies on impossibility of transferring copyright from one entity to another as part of a civil law transaction. Therefore, instances of attribution of authorship are assessed in the context of criminal or administrative law. It forms the legal essence of the division of rights of authorship into property and nonproperty ones: any commercial rights to intellectual property can be ceded except the authorship.

scholarly journals PARTICULAR FEATURES OF CONTRACTUAL INHERITANCE OF LEGAL CLAIMS AND OTHER LIABILITIES

2016 ◽  
pp. 0-0
Author(s):  
Эдвард Пилипсон ◽  
Edvard Pilipson
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Practical Problem ◽  
Correct Choice ◽  
Private International Law ◽  
Legal Regime ◽  
Applicable Law ◽  
The Subject ◽  
The Right ◽  
The Cost

Contractual succession of legal claims and liabilities in administering rules of private international law is a quite complicated practical problem. The correct choice of the applicable law is the priority in this situation. As of today inheritance of movables, including claims, liabilities takes place according to the connecting factors’ rules “lex patriae” and “lex domicilii” which according to the offered assumption, are not adequate in a situation of the inheritance by contract. It is worth mentioning that in some cases the right to claim, liability acquires legal regime called “res in transitu” which requires special succession regime. Secondly, it is necessary to evaluate the subject matter of the contract. Inheritance by contract is mediated by the tools of the contractual right which is based on the concluded contract with the cross material perquisites evaluated in a certain sum. Due to this circumstance the assessment should be accepted as a basis for the contract price. Since in accordance with the current legislation the assessment can be made solely in relation to a constant liability (for example, in the situation with a contract of purchase), in case of a contractual inheritance of legal claims (cession), it is not clear how provisional assessment can be made, as the cost of liabilities can change drastically depending on circumstances in the course of a certain period of time. This article is devoted to the investigation of these problems.

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