scholarly journals The Conflict between the Legal Form and the Economic Content of the Contract and Methods of its Resolution on the Example of a Buyout Lease Agreement

2021 ◽  
Vol 16 (6) ◽  
pp. 102-113
Author(s):  
D. V. Fedotov
Keyword(s):  
Direct Application ◽  
Legal Form ◽  
Literal Interpretation ◽  
The Real ◽  
Legal Structure ◽  
Legal Principle ◽  
Principle Of Justice ◽  
The Right ◽  
Contractual Structures ◽  
Lease Agreement

The paper substantiates that the reason for the collision between the legal form and the economic content of the contract is the discrepancy between the real economic goals of the parties to a particular contract and the goals that the legislator had in mind when constructing the legal structure of the corresponding contract, for example, a lease payment in a buyout lease agreement includes not only payment for the use of the property, as it should be for the lease, but also the redemption value of the property. The author identifies and analyzes three ways to resolve this conflict: re-qualification of the contract as a whole or its individual conditions according to the rules on sham transactions, direct application of the general legal principle of justice and the priority of revealing the actual common will of the parties over the literal interpretation of the contract. It is substantiated that the parties to the contract have the right to use certain contractual structures to achieve uncharacteristic economic goals, if such goals are not illegal.

CHARACTERISTICS OF THE REAL LEGAL BASIS FOR THE OWNERSHIP AND USE OF HOUSING

2021 ◽  
Vol 6 (6) ◽  
pp. 30
Author(s):  
Mukhayo Ashurova ◽  
Keyword(s):  
Family Members ◽  
Clear Definition ◽  
Legal Basis ◽  
The Real ◽  
Home Owner ◽  
Legal Structure ◽  
The Family ◽  
Definition Of ◽  
The Right

The right to own and use housing primarily belongs to the owner and his family members. When exercising their right to housing, the owner and his family members interact within the limits of their powers established by law. At the same time, when realizing the rights of these subjects to housing,there are certain legal constructions. If the owner exercises the right to own and use the house in accordance with thestructure of the ownership right, then the family members of the owner and other persons entitled to reside in the house have the right to usufruct. A usufruct structure is a material and legal structure for the use of housing, in which the user's right arises on the basis of objective norms established by law. Thus, the regulation of usufruct at the legislative level, a clear definition of the mutual rights and obligations of the home owner and his users serve to prevent various disputes thatmay arise

THE IDEA OF «COMMUNITY» IN THE GOVERNMENT CONCEPTS OF GALICIA OF THE XIX – BEGINNING OF THE XX CENTURY

2019 ◽  
pp. 15-21
Author(s):  
Liubomyr Ilyn
Keyword(s):  
Nineteenth Century ◽  
19Th Century ◽  
Practical Significance ◽  
Distinctive Features ◽  
Legal Studies ◽  
Legal Principle ◽  
General Scientific ◽  
The Government ◽  
The Right ◽  
The 19Th Century

Purpose. The purpose of the article is to analyze and systematize the views of social and political thinkers of Galicia in the 19th - beginning of the 20th centuries. on the right and manner of organizing a nation-state as a cathedral. Method. The methodology includes a set of general scientific, special legal, special historical and philosophical methods of scientific knowledge, as well as the principles of objectivity, historicism, systematic and comprehensive. The problem-chronological approach made it possible to identify the main stages of the evolution of the content of the idea of catholicity in Galicia's legal thought of the 19th century. Results. It is established that the idea of catholicity, which was borrowed from church terminology, during the nineteenth century. acquired clear legal and philosophical features that turned it into an effective principle of achieving state unity and integrity. For the Ukrainian statesmen of the 19th century. the idea of catholicity became fundamental in view of the separation of Ukrainians between the Russian and Austro-Hungarian empires. The idea of unity of Ukrainians of Galicia and the Dnieper region, formulated for the first time by the members of the Russian Trinity, underwent a long evolution and received theoretical reflection in the work of Bachynsky's «Ukraine irredenta». It is established that catholicity should be understood as a legal principle, according to which decisions are made in dialogue, by consensus, and thus able to satisfy the absolute majority of citizens of the state. For Galician Ukrainians, the principle of unity in the nineteenth century. implemented through the prism of «state» and «international» approaches. Scientific novelty. The main stages of formation and development of the idea of catholicity in the views of social and political figures of Halychyna of the XIX – beginning of the XX centuries are highlighted in the work. and highlighting the distinctive features of «national statehood» that they promoted and understood as possible in the process of unification of Ukrainian lands into one state. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.

Bantuan Hukum Cuma-Cuma Bagi Tersangka yang Tidak Mampu Pada Tingkat Penyidikan

2020 ◽  
Vol 19 (2) ◽  
Author(s):  
Rio Saputra ◽  
Mokhammad Najih
Keyword(s):  
Secondary Data ◽  
Primary Data ◽  
Legal Aid ◽  
Criminal Cases ◽  
Legal Research ◽  
Factors Affecting ◽  
Legal Structure ◽  
Procedure Code ◽  
Study Techniques ◽  
The Right

<p><em>Suspects have the right to obtain legal assistance, especially for suspects who are classified as economically disadvantaged in accordance with Article 56 of the Criminal Procedure Code (KUHAP). The facts show that there are many irregularities in the implementation of legal aid, therefore it is necessary to know about the implementation of free legal aid for suspects who are incapacitated at the level of investigation and the factors that become obstacles in the implementation of legal aid. This legal research is an empirical legal research and this research is descriptive in nature. The data used are primary data and secondary data. The techniques used to collect data were document study techniques and interview techniques. Inhibiting factors affecting the implementation of free legal aid for suspects who are unable at the level of investigation can be classified and differentiated into 3 factors, namely, legal substance, legal structure, and legal culture).</em></p><p><strong><em>Keywords: </em></strong><em>Legal Aid, Criminal Cases</em></p>

EVERYDAY PRACTICE OF MOTHERS IN A PROVINCIAL SOVIET CITY IN THE 1950–60S

2020 ◽  
pp. 42-51
Author(s):  
Irina V. Bogdashina
Keyword(s):  
Well Being ◽  
Reproductive Behaviour ◽  
Working Mother ◽  
Material Wealth ◽  
The Real ◽  
Raising Children ◽  
Diffi Cult ◽  
The Family ◽  
The Right

The article reveals the measures undertaken by the Soviet state during the “thaw” in the fi eld of reproductive behaviour, the protection of motherhood and childhood. Compilations, manuals and magazines intended for women were the most important regulators of behaviour, determining acceptable norms and rules. Materials from sources of personal origin and oral history make it possible to clearly demonstrate the real feelings of women. The study of women’s everyday and daily life in the aspect related to pregnancy planning, bearing and raising children will allow us to compare the real situation and the course of implementation of tasks in the fi eld of maternal and child health. The demographic surge in the conditions of the economy reviving after the war, the lack of preschool institutions, as well as the low material wealth of most families, forced women to adapt to the situation. In the conditions of combining the roles of mother, wife and female worker, women entrusted themselves with almost overwork, which affected the health and well-being of the family. The procedure for legalising abortion gave women not only the right to decide the issue of motherhood themselves, but also made open the already necessary, but harmful to health, habitual way of birth control. Maternal care in diffi cult material and housing conditions became the concern of women and the older generation, who helped young women to combine the role of a working mother, which the country’s leadership confi dently assigned to women.

The Legal Form of Financial Institutions as a Way to Protect the Rights of Financial Market Participants

2021 ◽  
Vol 10 (1-2) ◽  
pp. 29-46
Author(s):  
Valentina I. Borisova ◽  
Igor V. Borisov ◽  
Farkhad S. Karagussov
Keyword(s):  
Financial Institutions ◽  
Financial Services ◽  
Scientific Development ◽  
Legal Form ◽  
Market Participants ◽  
Legal Structure ◽  
Legal Forms ◽  
High Level ◽  
Legal Mechanism ◽  
Legal Entities

Abstract Financial institutions are the centre of economic and legal interests of participants of the financial services market, which is itself characterised by a high level of conflict of interests of its participants. The purpose of the article is the scientific development of the legal structure of organisational and legal forms of financial institutions, in the market of financial services, as a legal mechanism for reconciling the economic and legal interests of the main participants of this market. The features of basic and modified legal forms of legal entities are elaborated in this article. It is determined that financial institutions are established and operate in ‘modified’ legal forms. Such forms emerge due to the supplementation of the structure of the main elements of the basic legal forms of legal entities. This refers to additional functional legal means that reflect special requirements for the relevant types of legal entities, depending on the economic and legal interests of their founders/participants.

ECONOMIC AND LEGAL STATUS OF THE CONSULTING ENGINEER IN UKRAINE: REGULATORY PROBLEMS

2017 ◽  
Author(s):  
Alla Brovdii ◽  
Keyword(s):  
Economic Activity ◽  
Legal Status ◽  
Road Construction ◽  
Legal Aspects ◽  
Legal Form ◽  
Employment Contracts ◽  
Economic Relations ◽  
Definition Of ◽  
The Right

Some aspects of the economic and legal status of a consulting engineer are analyzed, taking into account the specifics of national legislation. Some problems of the legal status of the consulting engineer and the forms of his economic activity are revealed. The introduction of such an entity as a consulting engineer in the modern conditions of construction development is of particular importance due to the need to improve the quality of construction work, the development of competition in this area and the need to change approaches to economic activity in this area. It is established that the concept of consulting engineer is defined in some special regulations, in particular, regulating activities in the field of road construction, but the economic and legal aspects of his business remain unresolved. This significantly affects the effectiveness of the introduction of the institute of consulting engineers in the field of management. The problem of lack of clear definition of the form of conducting economic activity by the specified participant of economic relations is revealed. The necessity of adopting a special normative legal act, namely the Law of Ukraine "On the activities of consulting engineers", in which to regulate general issues of their legal status, features of the organization of its activities, responsibilities, etc is proved. The author's definition of the concept of consulting engineer is proposed, taking into account the need to establish the organizational and legal form of his business, which will ensure proper regulation of relations between him and other participants in construction relations, including contractors and customers. The solution of some problems of the economic and legal status of the consulting engineer under the legislation of Ukraine is offered. The expediency of conducting the activity of a consulting engineer as a self-employed person, or carrying out its activity by creating a legal entity (association of consulting engineers) is substantiated. In addition, in our opinion, an entity that carries out engineering activities and has concluded employment contracts with duly accredited consulting engineers has the right to provide the services of a consulting engineer.

Effects of external trigeminal nerve stimulation (eTNS) on laser evoked cortical potentials (LEP): A pilot study in migraine patients and controls

Cephalalgia ◽  
2017 ◽  
Vol 38 (7) ◽  
pp. 1245-1256 ◽  
Author(s):  
Eleonora Vecchio ◽  
Eleonora Gentile ◽  
Giovanni Franco ◽  
Katia Ricci ◽  
Marina de Tommaso
Keyword(s):  
Pilot Study ◽  
Nerve Stimulation ◽  
Migraine Without Aura ◽  
Anterior Cingulate ◽  
Evoked Responses ◽  
The Real ◽  
Sham Stimulation ◽  
Primary Headache Disorders ◽  
Transcutaneous Nerve Stimulation ◽  
The Right

Background Transcutaneous external supraorbital nerve stimulation has emerged as a treatment option for primary headache disorders, though its action mechanism is still unclear. Study aim In this randomized, sham-controlled pilot study we aimed to test the effects of a single external transcutaneous nerve stimulation session on pain perception and cortical responses induced by painful laser stimuli delivered to the right forehead and the right hand in a cohort of migraine without aura patients and healthy controls. Methods Seventeen migraine without aura patients and 21 age- and sex-matched controls were selected and randomly assigned to a real or sham external transcutaneous nerve stimulation single stimulation session. The external transcutaneous nerve stimulation was delivered with a self-adhesive electrode placed on the forehead and generating a 60 Hz pulse at 16 mA intensity for 20 minutes. For sham stimulation, we used 2 mA intensity. Laser evoked responses were recorded from 21 scalp electrodes in basal condition (T0), during external transcutaneous nerve stimulation and sham stimulation (T1), and immediately after these (T2). The laser evoked responses were analyzed by LORETA software. Results The real external transcutaneous nerve stimulation reduced the trigeminal N2P2 amplitude in migraine and control groups significantly in respect to placebo. The real stimulation was associated with lower activity in the anterior cingulate cortex under trigeminal laser stimuli. The pattern of LEP-reduced habituation was reverted by real and sham transcutaneous stimulation in migraine patients. Conclusions The present results could suggest that the external transcutaneous nerve stimulation may interfere with the threshold and the extent of trigeminal system activation, with a mechanism of potential utility in the resolution and prevention of migraine attacks.

scholarly journals XXXIV. On the transit of Venus in 1769. To the Right Honourable The Earl of Morton, President to the Council and Fellows of the Royal Society, this discourse is, with all humility, inscribed, by their humble servant, Thomas Hornsby

1765 ◽  
Vol 55 ◽  
pp. 326-344 ◽  
Keyword(s):  
Royal Society ◽  
The Sun ◽  
The Real ◽  
The Earth ◽  
Theory Of Gravity ◽  
The Right ◽  
Made In

The observations of the late transit of Venus, though made with all possible care and accuracy, have not enabled us to determine with certainty the real quantity of the sun's parallax; since, by a comparison of the observations made in several parts of the globe, the sun's parallax is not less than 8" 1/2, nor does it seem to exceed 10". From the labours of those gentlemen, who have attempted to deduce this quantity from the theory of gravity, it should seem that the earth performs its annual revolution round the sun at a greater distance than is generally imagined: since Mr. Professor Stewart has determined the sun's parallax to be only 6', 9, and Mr. Mayer, the late celebrated Professor at Gottingen, who hath brought the lunar tables to a degree of perfection almost unexpected, is of opinion that it cannot exceed 8".

scholarly journals THREE DIVORCES: A SOCIOLOGICAL SCIENTIFIC ANALYSIS

2020 ◽  
Vol 8 (10) ◽  
pp. 182-186
Author(s):  
Prabha Sharma ◽  
Dinesh Sharma
Keyword(s):  
Democratic Republic ◽  
Muslim Women ◽  
Indian Society ◽  
Legal Form ◽  
Indian Constitution ◽  
Parliamentary System ◽  
Complete Knowledge ◽  
Scientific Analysis ◽  
The Republic ◽  
The Right

English: The article presented describes the marriage (nikah) divorce, multi-marriage Shariah and Indian constitution due to the religious trends of the Muslim class in Indian society. India is a sovereign, socialist, secular, democratic republic with a parliamentary system of government. In the republic of the same parliamentary system, in the present time, the right of Muslim women to be violated, in the form of divorce, in the form of divorce, and there is no more dowry, the main reason for such exploitation is lack of proper and complete knowledge of religion. , Wrong use of the rule of Sharia law is to be superstitious and orthodox and to not give legal form to marriage with very important religious marriage. The articles presented are based on Purnataya Second type of information like - Islamic book, Indian constitution, newspaper, website of Ministry of Information and Broadcasting (Government of India) etc.   Hindi: प्रस्तुत लेख में भारतीय समाज में मुस्लिम वर्ग के धार्मिक प्रवृत्तियों से हो रहे विवाह (निकाह) तलाक, बहु विवाह शरीअत एवं भारतीय संविधान का वर्णन किया गया है। भारत में संसदीय प्रणाली की सरकार वाला एक प्रभुसत्ता सम्पन्न, समाजवादी, धर्म निरपेक्ष, लोकतंत्रात्मक गणराज्य है। उसी संसदीय प्रणाली की सरकार वाले गणराज्य में वर्तमान समय मुस्लिम महिलाओं के अधिकारों का हनन कही निकाह के रूप में, कही तलाक के रूप में तो कही दहेज अधिक न मिलने के कारण इस प्रकार के शोषण का मुख्य कारण धर्म का सही और पूरा ज्ञान न होना, शरीअत कानून के नियम का गलत प्रयोग अन्धविश्वास एवं रुढ़िवादी होना एवं अत्यन्त महत्वपूर्ण धार्मिक विवाह के साथ ही साथ विवाह को कानूनी रूप प्रदान न किया जाना है। प्रस्तुत लेख पूर्णताया द्वितीय प्रकार की सूचनाओं पर आधारित हैं जैसे - इस्लामिक पुस्तक, भारतीय संविधान, समाचारपत्र, सूचना एवं प्रसारण मंत्रालय (भारत सरकार) की बेवसाइड इत्यादि।

Sign in / Sign up

Export Citation Format

Share Document