scholarly journals Participants of Digital Legal Relations: Trends in Law and Business

2021 ◽  
Vol 16 (2) ◽  
pp. 55-60
Author(s):  
E. B. Poduzova
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Legal Liability ◽  
Legal Capacity ◽  
The Past

Digital legal relations have undoubtedly become an important part of relations regulated under civil law and business. The socio-economic digital basis has set the main directions for the existence and functioning of the relevant legal superstructure and the practice of applying rules governing certain relations. In this regard, the legal status of digital intermediaries, including their legal capacity and tort, is of particular importance. It seems important to investigate the problems involving the grounds for holding aggregators and other digital intermediaries liable, as well as guarantees of protecting the rights of persons with whom these intermediaries interact. The legislation governing digital relations has undergone significant changes over the past few years. However, the complex of relations between digital intermediaries as new subjects of law and other persons remains unresolved, and the practice of imposing on such intermediaries civil and other types of legal liability is unsettled. In the paper, the author describes his approach to the consideration and solution of these problems.

scholarly journals Gradient Legal Personhood for AI Systems—Painting Continental Legal Shapes Made to Fit Analytical Molds

2022 ◽  
Vol 8 ◽  
Author(s):  
Diana Mădălina Mocanu
Keyword(s):  
Paradigm Shift ◽  
Legal Status ◽  
Civil Law ◽  
Bundle Theory ◽  
Gradient Theory ◽  
Legal Capacity ◽  
Legal Personhood ◽  
The Status ◽  
Theory Framework ◽  
Theory Paradigm

What I propose in the present article are some theoretical adjustments for a more coherent answer to the legal “status question” of artificial intelligence (AI) systems. I arrive at those by using the new “bundle theory” of legal personhood, together with its accompanying conceptual and methodological apparatus as a lens through which to look at a recent such answer inspired from German civil law and named Teilrechtsfähigkeit or partial legal capacity. I argue that partial legal capacity is a possible solution to the status question only if we understand legal personhood according to this new theory. Conversely, I argue that if indeed Teilrechtsfähigkeit lends itself to being applied to AI systems, then such flexibility further confirms the bundle theory paradigm shift. I then go on to further analyze and exploit the particularities of Teilrechtsfähigkeit to inform a reflection on the appropriate conceptual shape of legal personhood and suggest a slightly different answer from the bundle theory framework in what I term a “gradient theory” of legal personhood.

scholarly journals Non-Profit Organizations as Subjects of Administrative Law

Lex Russica ◽  
2019 ◽  
pp. 51-61
Author(s):  
P. E. Spiridonov
Keyword(s):  
Public Administration ◽  
Legal Status ◽  
Civil Law ◽  
Administrative Law ◽  
The State ◽  
Legal Capacity ◽  
Legal Form ◽  
Non Profit ◽  
Non Profit Organizations

The article considers the role of non-profit organizations in the system of public administration and focuses on the peculiarities of their administrative and legal status. The author highlights an increasing role of nonprofit organizations in the system of public administration, as it is connected with the evolution of the mechanism of public administration, its decentralization and attempts to use the mechanisms of self-organization. Due to the possibility of delegation of a number of public powers by the state to non-profit organizations, it is concluded that the composition of the participants with powers in the system of public administration has changed. By involving non-profit organizations in the system of public administration, the State pursues the goal of reducing the “visible” role of the State in various spheres of economy and a political sphere. Due to the transfer of certain public powers of the State to non-profit organizations, such organizations will combine different aspects of the legal nature of the organizations, in particular the intertwined civil law status and the administrative law status, since the same normative legal acts are used without taking into account the peculiarities of legal relations in which the relevant types of non-profit organizations participate. The difference between the legal status, the legal status of a non-profit organization as a participant of administrative legal relations and a non-profit organization as a participant of civil law relations is that in civil law a non-profit organization is considered as an organizational and legal form of a legal entity — a participant of transactions and relations regulated by civil law; under administrative law and in administrative-procedural relations it is treated as a form of implementation of public rights of citizens in the sphere of public administration, certain public powers of the State in the sphere of public administration. Attention is drawn to the duality of the legal status of non-profit organizations, that is associated, among other things, with different moments of their legal personality. The moment of emergence of capacity under administrative law and legal capacity differs from the similar moment of emergence capacity under civil law and legal capacity.

Legal Status of Good Samaritan Law in Chinese Civil Law

2019 ◽  
Vol 6 (2) ◽  
pp. 27-52
Author(s):  
Won-seuk  Choi  ◽  
Young-jae Lee 
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Good Samaritan

Prohibition, Legalization, and Political Consumerism

2018 ◽  
pp. 740-769 ◽  
Author(s):  
Elizabeth A. Bennett
Keyword(s):  
Social Movements ◽  
Legal Status ◽  
Ethical Issues ◽  
Drug Control ◽  
Psychoactive Substance ◽  
Political Consumerism ◽  
Control Laws ◽  
The Past ◽  
The Us

Cannabis (marijuana) is the most commonly consumed, universally produced, and frequently trafficked psychoactive substance prohibited under international drug control laws. Yet, several countries have recently moved toward legalization. In these places, the legal status of cannabis is complex, especially because illegal markets persist. This chapter explores the ways in which a sector’s legal status interacts with political consumerism. The analysis draws on a case study of political consumerism in the US and Canadian cannabis markets over the past two decades as both countries moved toward legalization. It finds that the goals, tactics, and leadership of political consumerism activities changed as the sector’s legal status shifted. Thus prohibition, semilegalization, and new legality may present special challenges to political consumerism, such as silencing producers, confusing consumers, deterring social movements, and discouraging discourse about ethical issues. The chapter concludes that political consumerism and legal status may have deep import for one another.

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

scholarly journals Designing the social estate of odnodvortsy of the western provinces in 1831

2017 ◽  
Vol 6 (2) ◽  
pp. 135-140
Author(s):  
Constantin Vadimovich Troianowski
Keyword(s):  
19Th Century ◽  
Legal Status ◽  
Social Hierarchy ◽  
Social Category ◽  
The Past ◽  
Imperial Russia ◽  
The Social ◽  
The Subject ◽  
The Right ◽  
The 19Th Century

This article investigates the process of designing of the new social estate in imperial Russia - odnodvortsy of the western provinces. This social category was designed specifically for those petty szlachta who did not possess documents to prove their noble ancestry and status. The author analyses deliberations on the subject that took place in the Committee for the Western Provinces. The author focuses on the argument between senior imperial officials and the Grodno governor Mikhail Muraviev on the issue of registering petty szlachta in fiscal rolls. Muraviev argued against setting up a special fiscal-administrative category for petty szlachta suggesting that its members should join the already existing unprivileged categories of peasants and burgers. Because this proposal ran against the established fiscal practices, the Committee opted for creating a distinct social estate for petty szlachta. The existing social estate paradigm in Russia pre-assigned the location of the new soslovie in the imperial social hierarchy. Western odnodvortsy were to be included into a broad legal status category of the free inhabitants. Despite similarity of the name, the new estate was not modeled on the odnodvortsy of the Russian provinces because they retained from the past certain privileges (e.g. the right to possess serfs) that did not correspond to the 19th century attributes of unprivileged social estates.

scholarly journals LEGAL STATUS OF THE POLICYHOLDER IN THE COMPULSORY STATE SOCIAL INSURANCE AGAINST AN ACCIDENT AT WORK AND AN OCCUPATIONAL DISEASE

2020 ◽  
Vol 1 (9) ◽  
pp. 43-50
Author(s):  
Oleksii Soloviov ◽  
Keyword(s):  
Occupational Disease ◽  
Social Insurance ◽  
Legal Status ◽  
Civil Law ◽  
Insurance Premium ◽  
Material Loss ◽  
Social Contribution ◽  
The Law ◽  
Definition Of ◽  
Compulsory State

The article considers the definition of the insured, which is contained in the Law of Ukraine «On collection and accounting of a single contribution to compulsory state social insurance» and based on this it is concluded that it includes only the persons and the main obligation of the insured – payment of insurance premium and does not establish additional or qualifying features that the insured must have. Given that the social security insurance mechanism was borrowed from civil law, the author examined the definition of the insurer from the standpoint of civil law and concluded that the presence of insurance interest is a prerequisite for determining a person as an insured and proposed his own definition of insurance interest – a certain property interest related to the need to suffer material loss in connection with damage to life, health and ability to work of the insured person as a result of an accident or occupational disease that occurs during the performance or in connection with the performance of certain work in the interests of the insured. The author emphasizes that the insurers in the relationship of social insurance against accidents at work and occupational diseases can be primarily employers. Based on the results of the analysis of the definition of the employer in various regulations, it was concluded that there is a certain inconsistency in science and legislation regarding this term, and therefore the legislative definition of the employer needs to be specified. This made it possible to develop proposals for making the necessary changes to certain regulations that contain this term. The concept and features of a single social contribution are researched. Peculiarities of insurance of persons performing works on the terms of civil law contracts are analyzed. Emphasis is placed on the unresolved issue of the customer - an individual who uses the work of other individuals under a civil contract, but without registering them as a business entity. It is believed that such persons should also act as payers of the single social contribution, and therefore it is necessary to amend the Law of Ukraine «On the collection and accounting of the single contribution to the obligatory state social insurance».

scholarly journals STATUS OF EXPOSERS IN CRIMINAL PROCEEDINGS

2020 ◽  
Author(s):  
B. Drychyk
Keyword(s):  
Legal Status ◽  
Information Provision ◽  
Legal Liability ◽  
Legal Analysis ◽  
Legal Aid ◽  
Criminal Proceedings ◽  
The Status

The article describes and analyzes the peculiarities of the legal status of the defendants in criminal proceedings. There is a need for a thorough legal analysis of the legislative consolidation of the rights and guarantees of participation of this category of subjects both at the stage of pre-trial investigation and at trial. The result of the work is the conclusion about the possibility of the defendant's participation in criminal proceedings, his release from legal liability, the use of legal aid, confidentiality, provision of information, provision of information on the status and results of the examination, inspection and / or investigation, lodging an appeal.

scholarly journals Non-Delimitation of Incompetency Denotations in Jurisprudence and Law and the Contradiction of some of its Titles to the Law on Non-Litigious Matters

2019 ◽  
Author(s):  
Sorush Niknamian
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Civil Procedure ◽  
Legal Capacity ◽  
The Law ◽  
The Individual ◽  
The Mind

“Incompetency” literally means prohibition and it is commonly used to point to an individual being deprived of his rights to take possession of his properties and his financial rights by the law. And, in other words, the incompetents are the individuals that do not possess “the legal capacity to enjoy a certain right” and are deprived from taking possession of their properties and if such a taking possession of the properties by an incompetent occurs, it is invalid and cannot take effect. In the legal system of Islam, the individual with a sort of a disease that features certain types of conditions leading to the weakness of the mind or insanity is called an incompetent. But the example cases of the incompetent and incompetency have not been delimited in the jurisprudence and law. Thus, the investigation of the instruments of incompetency from the perspective of the jurisprudential texts and the statutory provisions via offering an assumption indicating the non-delimitation of the incompetency instruments scope has resulted in conflicts in the non-litigious affairs law with the civil procedure, the necessity to rethink the causes of insanity as one instrument of incompetency in the civil law, the centrality of the incompetency for its setting the ground for the exertion of the law and the non-litigious affairs regulations as well as the incompetency of some patients with nervous diseases like hysterical conversion and dissociative hysteria and so forth. Therefore, conceptualizing the incompetency, the present study aims at assessing, then criticizing and investigating, the proofs offered by the proponents and the opponents of the incompetency of the patients with hysteria so as to consequently conclude an assumption regarding the hysteric patients’ incompetency and the relevant contradictions, if any, with the non-litigious matters law and civil procedure.

scholarly journals On the Issue of a Public Corporation as a Form of a Non-Profit Organization

2021 ◽  
Vol 2 ◽  
pp. 3-5
Author(s):  
Natalia G. Kanunnikova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Civil Law ◽  
Federal Law ◽  
Legal Regime ◽  
Non Profit ◽  
Russian State ◽  
Public Corporation ◽  
State Corporation ◽  
The Russian Federation

The article offers the author’s vision of such a form of non-profit organization as a state corporation with a special legal status. As a result of the analysis, the author comes to the conclusion that it is permissible to recognize a state corporation as an independent subject of civil law relations, since state corporations combine the characteristics of both a legal entity, in particular, the autonomy of property, independent liability for obligations, etc., and the institution of the state, endowed with authority. The analysis of the federal legislation allowed the author to say that a special legal regime applies to modern Russian state-owned corporations, which provides for their exemption from certain duties and granting certain rights and powers. In this regard, the question is raised about the development of recommendations for improving legislation in the field under study by excluding Article 7.1 from the Federal Law, January, 12 № 7-FZ “On Non-Profit Organizations”, and introducing its content into the Civil Code of the Russian Federation, adding it to Article 124.1 “State Corporation”.

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