scholarly journals Withdrawal from Negotiations as the Basis for Pre-Contractual Liability under Russian and Foreign Law

2021 ◽  
Vol 16 (11) ◽  
pp. 83-98
Author(s):  
P. D. Chistyakov
Keyword(s):  
General Rule ◽  
Negotiation Process ◽  
Foreign Law ◽  
Contractual Relations ◽  
Subsequent Withdrawal ◽  
The Right

The paper analyzes the criteria for unfair termination of negotiations as a basis for pre-contractual liability.  There are 3 components of unfair interruption of negotiations: 1) entry into negotiations without the intent to conclude an agreement and their subsequent interruption; 2) arbitrary termination of negotiations if the counterparty  has confidence in the conclusion of the contract; 3) untimely notification of the counterparty about withdrawing  from the negotiation process. The author analizes the criteria for unfair breakdown of negotiations. They include  the following: the counterparty has reasonable confidence in the conclusion of the contract and the absence of a  valid reason for terminating business contacts. These criteria are relevant only for the second composition of the  elements of unfair termination of negotiations. To be held liable for entering into negotiations without intending to  conclude an agreement and for the subsequent withdrawal from them, it is not required to establish such criteria, and  in case of untimely notification of the severance of business contacts, it is necessary to establish only one criterion,  namely, the counterparty can reasonably believe in conclusion of the agreement. As a general rule, participants in  pre-contractual relations have the right to conduct parallel negotiations with other persons. This possibility may be  limited by entering into an exclusivity agreement. At the same time, in some cases, entering into parallel negotiations  can be qualified as unfair behavior even without the conclusion of such an agreement.

ON CONSTRUCT OF THE RIGHT OF PRE-EMPTION IN RESPECT OF PARTICIPATORY INTEREST (SHARES)

2020 ◽  
Vol 20 (4) ◽  
pp. 94-219
Author(s):  
I.S. CHUPRUNOV
Keyword(s):  
General Rule ◽  
Constitutive Theory ◽  
Freedom Of Contract ◽  
Legal Nature ◽  
Public Corporation ◽  
Russian Law ◽  
Right Of First Refusal ◽  
The Right

The paper provides analysis of the legal nature and the mechanism for exercise of the right of pre-emption (right of first refusal) in respect of execution of a contract taking as an example of right of first refusal to purchase a stake in a non-public corporation, and also examines the boundaries of parties’ autonomy and freedom of contract in this area. The author comes to the conclusion that the key elements of the construction of the right of pre-emption are the transformation powers that belong to the right holder. The author also demonstrates that, notwithstanding their dominance in Russian law, the views, which suggest that exercise of the right of pre-emption leads to “transfer of rights and obligations of a purchaser” (the translative theory), should be rejected. These views must be replaced with the constitutive theory, according to which exercise of the right of pre-emption results in a new contract between the right holder and the seller (as a general rule, on the same terms that were agreed between the seller and the purchaser).

scholarly journals Reciprocal innervation and symmetrical muscles

1913 ◽  
Vol 86 (587) ◽  
pp. 219-232 ◽  
Keyword(s):  
Skeletal Muscles ◽  
Knee Extensor ◽  
General Rule ◽  
The Body ◽  
Ordinary Sense ◽  
Excitatory Effect ◽  
Biological Meaning ◽  
Vasomotor Reflexes ◽  
The One ◽  
The Right

If we attempt to decipher the biological meaning of reciprocal innervation its various instances when marshalled together say plainly that one of the functional problems which it meets and solves is mechanical antagonism. Where two muscles have directly opposed effect on the same lever, “reciprocal innervation” is the general rule observed by the nervous system in dealing with them, and this holds whether the reciprocal innervation is peripheral as with the antagonists of the arthropod claw, or is central as with vertebrate skeletal muscles. Also where one and the same muscle is governed by two nerves influencing it oppositely, reciprocal innervation seems again the principle followed in the co-ordination of the two opponent centres, as has been shown by Bayliss in his observations on vasomotor reflexes. But the distribution and occurrence of reciprocal innervation extend beyond cases of mere mechanical antagonism. The reflex influence exerted by the limb-afferents on symmetrical muscle-pairs such as right knee-extensor and left is reciprocal. Thus right peroneal nerve excites the motoneurones of left vastocrureus, and concomitantly inhibits those of the right. The reflex inhibition of the one is concurrent with, increases with increase, and decreases with decrease of, the excitatory effect on the other. Here the muscles are not in any ordinary sense antagonistic; not only do they not operate on the same lever, but they are not even members of the same limb, nor do they belong even to the same half of the body. They are, however, actuated conversely in the most usual modes of progression—the walking and the running step—though not always in galloping.

scholarly journals Aplikasi Sistem Informasi Social Media Advertise Maintenance Menggunakan Pendekatan Object Oriented Methodology

2021 ◽  
Vol 7 (1) ◽  
pp. 19-31
Author(s):  
Sri Rahayu ◽  
Ryanthika Serliyanthi Setyaningrum ◽  
Yuni Kristina Dewi
Keyword(s):  
Social Media ◽  
Information System ◽  
Unified Modeling Language ◽  
Object Oriented ◽  
Negotiation Process ◽  
The Internet ◽  
Great Opportunity ◽  
Face To Face ◽  
Unified Modeling ◽  
The Right

Information systems built in the form of social media and the internet make us able to carry out various activities without having to meet face to face. Social media is currently the main attraction for people to communicate and find information quickly. This is a great opportunity for companies to reach and expand their market. With an information system built in the form of social media and the internet, all obstacles, both distance and high costs, can be suppressed and communication can be carried out effectively. So far, PT. Red Eye Utama conducts marketing through radio advertisements, newspapers / billboards, this is what causes problems, due to limited space and time, as well as high costs to carry out all these processes. The negotiation process between the company and the customer is one of the obstacles that affects the company's service to customers. Therefore, one solution to the problems in this system is to build a Social Media Advertise Maintenance Information System. By using PIECES method analysis for improvements based on performance indicators, indicator information, economic indicators, control indicators, efficiency indicators and service indicators. To design the new system, object-oriented modeling is used, namely UML (Unified Modeling Language) which is the right tool to use in describing the system design that will be made according to User needs.

scholarly journals SCHENGEN BORDERS CODE IN THE ASPECT OF BORDER SECURITY

2021 ◽  
Vol 6 ◽  
pp. 56-64
Author(s):  
Artūrs Gaveika
Keyword(s):  
International Crime ◽  
Point Of View ◽  
Border Security ◽  
Public Security ◽  
Foreign Law ◽  
The Face ◽  
Migration Crisis ◽  
Free Movement Of Persons ◽  
The Right ◽  
Further Development

Latvia has joined the Schengen area in 2007 and has already passed three Schengen evaluations. The aim of the article is to analyse the Schengen Borders Code in the context of border security.  Based on analysis of the Schengen Borders Code implementation in Latvia the author develops and puts forward suggestions on Schengen Borders Code content improvement as well as  its judicial systematisation development. The research tasks include the investigation of the current EU and national normative regulations, legal practices, the conclusions of Latvian and foreign law researchers by using analytical, historical and comparative methods.The improvement of the national normative regulation was started long before Latvia's accession to the Schengen area. In 2006, the Schengen Borders Code entered into force, which was revised due to the migration crisis in the Mediterranean region and adopted in 2016 in an improved version. The further development of the Schengen Borders Code is important from the point of view of the right to free movement of persons and from the point of view of ensuring public security in the face of today's challenges related to terrorism, international crime, uncontrolled migration and the spread of disease.The main achievement of the research is that the author has defined the main areas of Schengen Borders Code further development. 

scholarly journals SCHENGEN ACQUIS AND ITS IMPLEMENTATION IN LATVIA

2020 ◽  
Vol 3 (8) ◽  
pp. 100-112
Author(s):  
Artūrs Gaveika
Keyword(s):  
International Crime ◽  
Comparative Methods ◽  
Point Of View ◽  
Public Security ◽  
Main Achievement ◽  
Foreign Law ◽  
The Face ◽  
Free Movement Of Persons ◽  
The Right ◽  
Further Development

Latvia joined the Schengen area in 2007 and has already passed three Schengen evaluations. The novelty of the article is aimed at analysis of Schengen Acquis implementation in Latvia and offer suggestions on its further implementation development. The aim of the study is to develop and propose suggestions on Schengen Acquis content improvement and its judicial systematisation development. The research tasks are to investigate the current EU and national normative regulations, legal practices, the conclusions of Latvian and foreign law researchers by using analytical, historical and comparative methods. The improvement of the national normative regulation was started long before Latvia's accession to the Schengen area. The further development of the Schengen acquis is important from the point of view of the right to free movement of persons and from the point of view of ensuring public security in the face of today's challenges related to terrorism, international crime, uncontrolled migration and the spread of disease. The main achievement of the research is that the author has defined the main areas of Schengen Acquis development.

scholarly journals Military necessity in Geneva conventions of 1949

2012 ◽  
Vol 64 (2) ◽  
pp. 180-201
Author(s):  
Vladan Joncic ◽  
Milos Petrovic
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
General Rule ◽  
Humanitarian Law ◽  
Geneva Conventions ◽  
Military Necessity ◽  
Law Of Armed Conflict ◽  
The Right ◽  
International Conventions ◽  
The Military

The fundamental question of international law of armed conflict is the question of military necessity principle in international law of armed conflict, ie. in international humanitarian law. Hearings on this issue is necessary because it is still the danger that the principle of recognition of the needs of military regulations and deceive the application of international law of armed conflict. That?s why the military needs to be seen as a permitted deviation from compliance with rules of war. Extreme, this concept has led to the emergence of the theory of the military. Its radical variant of the proceeds from the Maxims of German classical scholars of international law. The result of theoretical assumptions had the effect of limiting the acceptance of military necessity of the first codification of the day. The four Geneva Conventions of 1949. The heavily consider the military. In all the texts of international conventions is determined by military necessity, as a circumstance or set of circumstances which affect the duty of obeying the regulations of international law. In international law there is no general rule of military necessity as a basis or reason for justified violations of rules of international law of armed conflict. The rules of international law represent a compromise between the desire for a decoration rules of warfare and the need to ensure all the necessary tools that can lead to victory. The four Geneva Conventions of 1949. the military need to provide in terms of the principles of humanity. Set rules on military necessity in the Geneva Conventions give the right correction factor in the role of the law of armed conflict. The Geneva Conventions there is a degree of confusion in terminology, where the concept of military necessity needlessly allocated a number of synonyms. This is because the international law of armed conflict and emerged as a normative regulation of proportionality between the military needs) and general principles and humane principles.

ECONOMIC RIGHTS TO INTELLECTUAL PROPERTY RIGHTS OBJECTS, CREATED ON THE BASIS OF RESEARCH AGREEMENTS IN HIGHER EDUCATIONAL INSTITUTIONS OF UKRAINE

2020 ◽  
Author(s):  
Юлія Осипова
Keyword(s):  
Technological Development ◽  
Scientific Discovery ◽  
Educational Institution ◽  
General Rule ◽  
Moral Rights ◽  
Educational Institutions ◽  
Higher Educational Institutions ◽  
Economic Rights ◽  
Higher Educational ◽  
The Right

The article deals with the features of the distribution of economic rights between customers of basic and applied researches, research and technological development (RTD) and higher educational institutions, as executors of such researches.During the study the author has analyzed general provisions of the Civil Code of Ukraine regarding the distribution of rights to the results of basic and applied researches, research and technological development (RTD) between the customer and the executor of such researches. In addition, the author has analyzed provisions of special legislation regarding the distribution of economic rights to scientific and scientific-technical (applied) results, which are IPR objects.Based on this analysis, it has been found that the distribution of economic rights to IPR objects, which are the results of basic and applied researches, research and technological development (RTD), at the level of «customer — executor of such researches» will depend on: 1) the type IPR objects that will be created and 2) the sources of fundingof such researches. In relation to such IPR objects as inventions, utility models, industrial designs, copyright, layout designs (topographies) of integrated circuits, plant varieties, animal breeds and performances the following options for distribution of economic rights are possible:1) in case of non-budgetary financing of basic and applied researches, research and technological development (RTD) — rights belong jointly to the customer and the higher educational institution-executor of such researches. This may be changed by a contract between the customer and the executor.2) in case of budgetary financing of researches — rights belong to the higher educational institutions-executor of such researches. In addition, the legislator does not provide for the possibility to change the said provision by contractually. At the same time, the customer of such research should be assigned the right to use IPR objects for free.3) in the case of budgetary financing of the researches, while the obtained IPR objects are state secrets or objects obtained under a state defence order — rights belong to the customer of such research. This cannot be changed contractually either;4) in the case of mixed financing (own funds of the higher educational institution and budgetary funds) – rights belong to the party that will be determined contractually by the customer and the executor of the basic and applied researches, research and technological development (RTD).In the case of a scientific discovery, we can only talk about moral rights, namely – the right of attribution. Thus, the indicated object is outside of the scope of the rules regarding the distribution of economic rights.As to phonograms and videograms, the economic rights to these objects will belong to that party to research agreements that will actually “create” those objects. This can be either the customer or the executor of such researches.As to trade secrets, the economic rights will, as a general rule, belong to both the customer and higher educational institution — the executor of basic and applied researches, research and technological development (RTD). In this case, disposing of these rights will be carried out jointly. This can be changed contractually. Also, suggestions to improve the legislation of Ukraine have been made.  

The Right to Institute a Private Prosecution

2015 ◽  
Vol 4 (2) ◽  
pp. 222-255 ◽  
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
General Rule ◽  
State Intervention ◽  
Case Law ◽  
Legal Basis ◽  
International Human Rights ◽  
Locus Standi ◽  
International Human ◽  
The Right ◽  
Almost All

The general rule in almost all jurisdictions is that when an offence is committed, the suspect will be prosecuted by the state’s prosecutorial organ. However, there is one exception to this rule in many states – private prosecution. International human rights instruments do not provide for the right of a victim to institute a private prosecution. However, in many states legislation or case law provides for this right. Due to the fact that different states have different legal systems, it is important to study the features of private prosecutions in these jurisdictions. These features also demonstrate the limitations on the right to institute a private prosecution. In this article, the author analyses pieces of legislation or case law from states in Europe, Asia, Africa, Australasia, and North America to highlight how legislation or case law has dealt with the following aspects of private prosecution: legal basis for instituting a private prosecution; locus standi in private prosecutions; whether permission from the court or prosecuting authority is a pre-requisite for instituting a private prosecution; the threshold that has to be met to institute a private prosecution; the rights of the accused in private prosecutions; incurring the costs for a private prosecution; state intervention or involvement in private prosecutions; and abuse of private prosecutions.

Arms, Tactics and Strategy in the Persian War

1923 ◽  
Vol 43 (2) ◽  
pp. 117-132
Author(s):  
W. W. How
Keyword(s):  
Large Scale ◽  
General Rule ◽  
Decisive Factor ◽  
Persian War ◽  
The Right ◽  
Modern Warfare ◽  
Final Defeat

At all times arms, tactics and strategy must be in one sense or another interdependent. But in modern warfare I imagine it would be generally agreed that strategy was less mutable and more important than tactics or armament. Even here there are obvious and notable exceptions to the general rule. In the Austro-Prussian War, it was the superiority of the Prussian breech-loading needle-gun to the Austrian muzzle-loader which won the battle of Königgratz, and so justified the bold strategy of Moltke. In the late war, the heavy German and Austrian howitzers broke down with unexpected rapidity the resistance of the elaborate Belgian fortresses, and thus compelled the retreat from Mons; again, the use of tanks, both heavy and light, on a large scale was a decisive factor in more than one of the great struggles that led up to the final defeat of the Germans. Nevertheless in modern warfare such differences are in the main temporary and accidental; if, for instance, the Germans began the war with superior heavy artillery, before its close they were surpassed by the Allies; if they secured an initial advantage by the use of poison gas, here too the Allies in the end showed themselves superior to the inventors of this deadly instrument of war. The advantage gained by inventors is mainly that of surprise, and is therefore evanescent, not permanent. In the main the fleets and armies on either side are equipped in the same way, and (if we leave out of account the morale, numbers and resources of the nations engaged) victories are gained and wars decided most of all by strategy, the massing of troops at the right time and place, and secondarily by tactics, the best use of them in actual battle.

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