On some issues of civil law understanding of fake deals

2020 ◽  
Vol 7 (1) ◽  
pp. 34-38
Author(s):  
Nataiya M. Lakocenina
Keyword(s):  
Research Methods ◽  
Civil Law ◽  
Scientific Research ◽  
Practical Significance ◽  
Socioeconomic Conditions ◽  
Distinctive Features ◽  
Methodological Basis ◽  
Civil Science ◽  
The Relationship ◽  
Legal Consequences

The civil legislation reform and the complexity of the socioeconomic conditions in our country have increased the scientific and practical significance of research related to the clarification of the concept of fake transactions, their relationship with other (related) transactions, and the establishment of their legal consequences. These issues, which have no unity in civil science, are discussed in the proposed article. The article analyzes the concepts and attributes of fake transactions, their qualitative and distinctive features, the specifics of their invalidity (nullity), and the relationship with related invalid (nullity) agreements (transactions). This statement of the articles content determines its theoretical and practical significance as well as its relevance. The methodological basis of the research includes the well-known general and particular scientific research methods. The objectives of the proposed article are as follows: to clarify and form the authors concept of fake transactions, to establish their distinctive features, to define the place of fake contracts in the invalid transactions system, and to clarify the features of fake transaction invalidity.

ON INTERACTION OF MATERIAL AND PROCEDURAL LAW IN THE CONTEXT OF REFORMING THE NOMENCLATURE OF SCIENTIFIC SPECIALTIES IN JURISPRUDENCE

2021 ◽  
Vol 3 (3) ◽  
pp. 214-231
Author(s):  
S.I. Suslova
Keyword(s):  
Civil Law ◽  
Scientific Research ◽  
Civil Procedure ◽  
Dialectical Logic ◽  
Advantages And Disadvantages ◽  
Procedural Law ◽  
Depth Study ◽  
Civil Science ◽  
Substantive Law ◽  
The Relationship

Introduction: the influence of the material branches of law on the content and development of procedural branches has long been substantiated in the legal literature. At the same time, civil law scholars, limited by the scope of the nomenclature of scientific specialties in legal sciences, do not have the opportunity to conduct dissertation research aimed at identifying the influence of procedural branches on the norms of substantive law. With regard to scientific research, the study of such an impact is currently permissible only within the specialty 12.00.15. Reforming the nomenclature of scientific specialties towards its enlargement creates the basis for the development of the scientific theory of intersectoral relations, developed by M.Iu. Chelyshev. An in-depth study of the intersectoral interaction of civil law and civil procedure will contribute not only to the development of scientific knowledge, but also will allow solving practical problems at a different methodological level. Purpose: to analyze the stages of the formation of scientific specialties in the context of the relationship between civil law and procedure, to identify the advantages and disadvantages of uniting and dividing civil law and procedure in scientific research, to analyze dissertations in different periods of development of the science of civil law and the science of civil procedure, to formulate ways to improve directions of research to bridge the gap between the science of civil law and procedure. Methods: empirical methods of description, interpretation; theoretical methods of formal and dialectical logic. The legal-dogmatic private scientific method was used. Results: identified the main views on the ratio of material and procedural branches in legal science; it is illustrated that the intersectoral approach is currently admissible only for dissertations in the specialty 12.00.15, which led to an almost complete absence of scientific research on this topic in civil science; substantiated the need to establish the bilateral nature of the relationship and interaction of material and procedural block. Conclusions: reforming the nomenclature of scientific specialties by right in the direction of their enlargement should have a positive effect on bridging the gap that has developed between works on civil law and civil law procedure in the last years of their separate existence. This is especially true of civil science, which developed its own scientific theories in isolation from the possibilities of their implementation within the framework of procedural law. The methodological basis for solving these problems has already been formed – this is an intersectoral method, the application of which is justified and demonstrated in the works of M.Iu. Chelyshev.

scholarly journals Comparison of Subrogation With Cession and Regression

Law and World ◽  
2021 ◽  
Vol 7 (4) ◽  
pp. 6-29
Keyword(s):  
Supreme Court ◽  
Practical Significance ◽  
Insurance Law ◽  
Distinctive Features ◽  
The Supreme Court ◽  
The Difference ◽  
The Right ◽  
The Given ◽  
The Relationship ◽  
Legal Consequences

The purpose of this article is to present one of the most problematic issues in the Civil Code of Georgia, which is manifested in the confusion of the institution of subrogation in insurance law with such institutions as cession and the condition of regression. They are close in content to each other, and this fact makes it difficult to see differences between them. Seeing the difference in content between them has not only theoretical but also practical significance, as each institution is characterized by a different legal outcome, and in each specific case the proper qualification of the relationship is crucial. One of the most practical different legal consequences of the given institutions is revealed in the different terms of the statute of limitations. For example, until 2012, it was unknown to the Georgian court that the statute of limitation of a subrogation starts from the period when the insurer has the right to claim damages against the insurance underwriter. Before then, it was an unknown fact that, different from regression, only legal relationship is established with one obligation in subrogation. In this article, we have discussed the distinctive features of subrogation, cession, and the condition of regression, and the accompanying legal consequences. We have discussed the decisions of the Supreme Court of Georgia, which discuss the differences in the content and results of the above-mentioned institutions. As a result, it was revealed that the practice of the Civil Court of Georgia before 2012 was unknown about the institution of subrogation, which is a really significant problem. It can be said that a uniform practice of the Supreme Court has been established at the Subrogation Institute and the problems that existed before have been solved.

scholarly journals Hubungan Hukum Dokter dan Pasien Serta Tanggung Jawab Dokter Dalam Penyelenggaraan Pelayanan Kesehatan

2018 ◽  
Vol 6 (1) ◽  
pp. 163-182
Author(s):  
Yussy A. Mannas
Keyword(s):  
Therapeutic Relationship ◽  
Criminal Law ◽  
Civil Law ◽  
Civil Code ◽  
Legal Relationship ◽  
Medical Disputes ◽  
Legal Effect ◽  
Two Factors ◽  
The Relationship ◽  
Legal Consequences

Abstract:The emergence rights and obligations as a result of legal relationship between doctors and patients could potentially trigger a dispute between doctors and patients or medical disputes. In an effort to avoid or reduce medical disputes, it is necessary to understand the construction of the legal relationship between doctor and patient. From this legal relationship which will result legal actions and gave rise to legal consequences. In a legal effect, it can’t be separated is about who is responsible, as far as what responsibility can be given. It describes that relationship and the patient's physician if constructed, it can be divided based on two factors; transaction of therapeutic and act. In relation patient - physician based therapeutic, known as therapeutic relationship or transaction therapeutic, there is a binding between patients and physicians in the treatment of the disease or treatment. Engagements happens is inspanningsverbintennis and not resultaatsverbintennis, and must comply with the provisions of Article 1320 of the Civil Code. The relationship between doctor and patient is based on the Act - legislation occurred under Article 1354 of the Civil Code, which formulates zaakwaarneming. Legal relationship that occurs by two things above give rise to legal liability for doctors, the responsibility in the field of disciplinary law, criminal law, civil law and administrative law.Keywords: Doctor, Patient and Legal Relationship.Abstrak:Munculnya hak dan kewajiban sebagai akibat hubungan hukum antara dokter dan pasien berpotensi memicu terjadinya sengketa antara dokter dengan pasien atau sengketa medik. Dalam upaya menghindari atau mengurangi sengketa medik yang terjadi, maka perlu dipahami mengenai konstruksi hubungan hukum antara dokter dengan pasien. Dari hubungan hukum inilah yang akan melahirkan perbuatan hukum dan menimbulkan adanya akibat hukum. Dalam suatu akibat hukum, hal yang tidak dapat dipisahkan adalah mengenai siapa yang bertanggung jawab, sejauh apa tanggung jawab dapat diberikan. Dalam tulisan ini diuraikan bahwa hubungan dokter dan pasien ini jika dikonstruksikan maka dapat dibagi berdasarkan dua hal, yaitu transaksi terapeutik dan undang-undang. Pada hubungan pasien- dokter berdasarkan terapeutik, dikenal hubungan terapeutik atau transaksi terapeutik, yaitu terjadi suatu ikatan antara pasien dan dokter dalam hal pengobatan atau perawatan penyakitnya. Perikatan yang terjadi ialah inspanningsverbintennis dan bukan resultaatsverbintennis, dan harus memenuhi ketentuan Pasal 1320 KUHPerdata. Hubungan dokter dan pasien berdasarkan undang–undang terjadi berdasarkan Pasal 1354 KUHPerdata yang merumuskan tentang zaakwaarneming. Hubungan hukum yang terjadi oleh dua hal diatas menimbulkan tanggung jawab hukum bagi dokter, yaitu tanggung jawab dalam bidang hukum, hukum pidana, hukum perdata dan hukum administrasi.Kata Kunci: Dokter, Pasien dan Hubungan Hukum. 

Categories of “integration” and “disintegration” in international law: modern conceptual approaches

2020 ◽  
Vol 7 (2) ◽  
pp. 71-77
Author(s):  
Dmitriy V. Galushko
Keyword(s):  
European Union ◽  
International Relations ◽  
International Law ◽  
Scientific Research ◽  
Practical Significance ◽  
The European Union ◽  
Legal Doctrine ◽  
Methodological Basis ◽  
Modern System

The importance of the category of integration in the modern system of international relations can hardly be overestimated. The science of international law is no exception, and its development has recently been largely conditioned by the ongoing integration processes between states, the main subjects of international law. The very international legal doctrine has developed many approaches to the characteristics of its essential characteristics, including integration. Despite the objective nature of integration, its development in the context recent disintegration events that have taken place in the international arena and given rise to crisis phenomena (the first of which is, of course, the process of Britains withdrawal from the European Union), predetermine the relevance as well as the theoretical and practical significance of this article. The methodological basis of the work includes well-known general and specific methods of scientific research. The purpose and objectives of the article are to study the relevant problems and the essence of integration and disintegration processes in the international arena, characterize the main doctrinal approaches to them, and identify general trends as well as the essential characteristics and main features of these phenomena.

scholarly journals Time of Opening of Inheritance According to the Legislation of Ukraine

2020 ◽  
pp. 89-96
Author(s):  
Denys FEDOSEIEV
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Inheritance Law ◽  
Legal Personality ◽  
Legal Literature ◽  
Relevant Field ◽  
The Relationship ◽  
Legal Consequences

The article explores time of opening of inheritance under the legislation of Ukraine. The legislation of the category “opening of inheritance” enshrined in the Civil Code of Ukraine is established. The definitions of the concept of «opening of inheritance» available in the legal literature are analyzed and the most substantiated and that corresponds to the legal reality among all analyzed definitions of the category «opening of inheritance» is established. Emphasis is placed on the fact that a significant number of definitions of the concept of «opening of inheritance» is identified with the onset of certain legal facts, and not always taken into account all the necessary circumstances. It is emphasized that for the opening of the inheritance it is also important to have a rule of civil law, which regulates the issue and civil legal personality of the participants in the inheritance. It is noted that the time of heritage opening is an integral part of the concept of «opening of inheritance». The normative and scientific definitions of the concept of «time of heritage opening» are clarified. The analysis is carried out and it is emphasized that some statements are incorrect in the context of understanding the time of heritage opening, in particular, regarding the identification of understandings of the concepts «time of heritage opening», «opening of inheritance», «death of the testator». The own approach to understanding of a category «time of heritage opening» is offered. Circumstances that are directly related to the time of the opening of the inheritance and for which the time of the opening of the inheritance has legal consequences have been established. Attention is drawn to the fact that the time of the opening of the inheritance is in direct interdependence and interaction with such categories of civil law as «term», «term», and «moment». The relationship between the concepts of «term», «term», and «moment» is analyzed. It is proved that with the time of the opening of the inheritance, the terms that have a direct significance for the inheritance process begin. The list of terms in the inheritance law which begin from the date of death of the person (testator) or the announcement of its deceased is defined. The legal significance of the opening of inheritance and the time of heritage opening for inheritance law and inheritance, as well as the need for further research in the relevant field are substantiated.

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 ОСОБЛИВОСТІ ДЕКОНСТРУКТИВІЗМУ В КОЛЕКЦІЯХ ЯПОНСЬКИХ ДИЗАЙНЕРІВ ОДЯГУ КІНЦЯ ХХ – ПОЧАТКУ ХХІ СТОЛІТЬ

2021 ◽  
pp. 173-184
Author(s):  
Х. І. Шевчук
Keyword(s):  
Structural Analysis ◽  
Analytical Methods ◽  
Historical Analysis ◽  
Scientific Research ◽  
Practical Significance ◽  
Basic Principles ◽  
Systematic Analysis ◽  
Distinctive Features ◽  
Main Design ◽  
Clothing Design

Purpose. The goal of this paper was to discover the main deconstruction in Japanese clothes designers creativity, methods of garment constructions, design and compositional features of fashion deconstruction. Methodology is based on system informative and visual analytical methods. Structural analysis of modification of compositional elements and method of comparative and historical analysis were used. Results. The paper describes basic principles and techniques of deconstruction in clothing design. The design and compositional features of deconstruction (shape, silhouette, construction, plastic, texture, decor, coloristic solution) in the works of Japanese clothing designers are determined. The basic principles of deconstruction in the works of Rey Kawakubo, Issey Miyake, Yohji Yamamoto are systematized and generalized, the combinations of features are inherent in each of the designers, their common and distinctive features are analyzed. Scientific novelty of the research is determined in definition and systematization of the main design and compositional features of deconstruction in clothing design. The basic principles of deconstruction in the collections of Japanese clothing designers are analyzed, the importance of the conceptual component of their work is emphasized. Practical significance. The systematic analysis of characteristics of clothes design deconstruction allows to use new interpretations and projecting unique clothes collections. The paper materials are supposed to be used in scientific research on deconstruction.

On the Ratio of Decisions, Deals and Consents

2021 ◽  
pp. 41-47
Author(s):  
Zarubin A. V. ◽  
Keyword(s):  
Civil Rights ◽  
Theoretical Basis ◽  
Comparative Method ◽  
Civil Law ◽  
Distinctive Features ◽  
Positive Law ◽  
The Will ◽  
Adoption Decisions ◽  
Legal Fact ◽  
Legal Consequences

Introduction. Сivil legislation has been supplemented with norms regulating relations regarding the adoption of decisions by civil law communities, which are the reason for the emergence of civil rights and obligations. Nevertheless, there is still uncertainty in science about whether decisions can be considered independent legal facts or whether they are a kind of transactions or consents. Theoretical Basis. Methods. The article is based on an analysis of the norms of positive law, primarily – Civil Code of Russian Federation. Using the comparative method, common and distinctive features of decision, transaction and consent institutions are identified. The method of classification and systematization is used to describe them. Results. As a result, the author comes to the conclusion about the different nature of the studied institutions. The will of the party to the transaction is aimed at generating legal consequences for themselves personally. These consequences occur as a result of the transaction. A member of the community, giving his vote, forms a decision that will have consequences not for him personally. In addition, the vote may end with a decision that the community member did not expect. The will of the party to the transaction is absolute. The party itself determines whether to enter into a relationship or not, what the terms of the transaction will be, and so on. At the same time, the will of the participant in determining the final type of decision is very limited. As a rule, voting is carried out on pre-defined questions, and the answer to them is limited to the answers «yes» or «no». Common to transactions and decisions is the possibility provided for by law of calling them invalid. However, both the grounds and consequences of invalidity differ. Unlike transactions, decisions are not subject to convalidation, but their flaws can be corrected by repeated adoption. Decisions also differ from consents. The consents is aimed only at transactions, whereas the decisions have a much greater field of action, including the transaction. Consent – are acts of attached will and the decisions – are act of the consolidated will. Discussion and Conclusion. The decision is a special and independent legal fact, which differs from transactions and consents in its subject composition, the nature of the expressed will and its direction, as well as the consequences of invalidity and the possibility of healing.

THE CONCEPT AND LEGAL ESSENCE OF THE CONTRACT FOR THE PROVISION OF LEGAL SERVICES: THEORETICAL AND LEGAL, LEGISLATIVE AND LAW ENFORCEMENT ASPECTS

2018 ◽  
pp. 38-47
Author(s):  
Anna Nikolayevna Klimova
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
The Other ◽  
Legal Services ◽  
Effective Mechanism ◽  
Legal Nature ◽  
Civil Science ◽  
Basic Approaches ◽  
The One ◽  
The Relationship

The relevance of the topic is due to the relevance of the contract on the provision of legal services in the modern civil turnover, on the one hand, and the lack of common approaches to understanding the legal essence of the said contract in the doctrine of civil law – on the other. The study deals with the problem of defining the concept of a contract for the provision of legal services. Analyzed number of definitions proposed by modern representatives of civil science. It is concluded that the legal nature of the contract for the provision of legal services is ambiguous. It considers the basic approaches to its understanding and qualifications as the agreement of chargeable rendering of services agency contract, mixed contract, etc. In a particular situation, the choice of contractual design, as a rule, is due to a set of services, actual and legal actions, dictated by the goal that the parties to the relationship seek to achieve. The versatile design of the agreement of paid rendering of services and the effective mechanism of protection of the rights of the applicant, as the weaknesses of the commitments were the main reasons are the most widespread of the agreement in practice. However, it is concluded that the restriction of contractual forms of legal services only by the specified design is unacceptable, since it can lead to a wrong understanding of the legal nature of the relations in question and difficulties in practice associated with the conclusion and execution of contracts.

scholarly journals ATTITUDE TO THE PL O THE PLURAL AFFI URAL AFFIX IN UZBEK L X IN UZBEK LANGUAGE

2021 ◽  
Vol 5 (1) ◽  
pp. 50-64
Author(s):  
Fazliddin Galievich Sharipov ◽  
Keyword(s):  
Twentieth Century ◽  
Research Methods ◽  
Scientific Research ◽  
Separate Study ◽  
Great Contribution ◽  
General Morphology ◽  
Methods Of Analysis ◽  
The Many ◽  
Relationship Of ◽  
The Relationship

Introduction. The following article reflects the views of Uzbek linguist A. Gulomov, who made a great contribution to Uzbek linguistics sciences. In his scientific works, the scientist pays great attention to the analysis of additives. The period of creation of serious scientific research on the morphology of the Uzbek language falls on the 40’s of the XX century - the years created by A. Gulomov. By this period, a separate study of each morphological phenomenon began gradually due to general morphology. We will consider the work in this direction on an additional example, which was met in 1940 by the linguist A. Gulomov with more than hundreds of articles that reflect the many and other meanings of scientific research of the scientist. Research methods. By the 40’s of the twentieth century, in Uzbek linguistics, A. Gulomov applied an approach to the source of research, synthesizing various methods of analysis based on different directions, in all respects, based on the relationship of the source with other phenomena. Results and discussions. Without a deep study of A. Gulomov’s research, created in the 40’s and 50’s, these are unconscious opinions.

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