scholarly journals Al-faskh al-qada'iy wa atsaruhu fi istimrar al-uqud: dirasah tahliliyah min khilal al-qanun al-madani al-urduni (Judicial annulment and its effects on the continuation of contracts: An analytical study through the jordanian civil law)

2018 ◽  
Vol 18 (2) ◽  
pp. 251
Author(s):  
Hijrian A. Prihantoro
Keyword(s):  
Basic Principle ◽  
Analytical Study ◽  
Civil Law ◽  
The Other ◽  
Binding Force ◽  
The Subject ◽  
The Law ◽  
Two Sides

The purpose of this research is to investigate the issue of the continuation of the contract after judicial annulment through an analytical study within the Jordanian civil law. The contract contains a force binding on its sides by its respect. The contract also, for both parties, within the framework of the organization of relations governed by the law, can not be vetoed by one of the amendments, unless the agreement or the law so authorized. This basic principle in the theory of contract, which is called binding force, or the basis of the contract of the law of the deceased, according to this rule is that no one of the contracting parties can revoke the contract or modify its provisions individually, unless the law permits it or there is agreement between it And between the other. However, there are cases in which the law allows a contractor to reach a contract revocation despite the other party's right to contract in the binding contracts of the two sides to request the judge to award the contract if the other party fails to fulfill its obligation, with the discretion of the judge in this case. These cases are exceptions to the rule of contract of the law of contracting, which is the subject of our research.

scholarly journals Nullity as a prerequisite of contract conversion

2021 ◽  
Vol 93 (4) ◽  
pp. 1085-1144
Author(s):  
Dražen Mijanović
Keyword(s):  
Civil Law ◽  
The Other ◽  
Legal Definition ◽  
Foreign Literature ◽  
Legal Method ◽  
Scope Of Application ◽  
The Subject ◽  
General Part ◽  
The Law ◽  
Area Of Application

Although it has been legally recognized since 1978, the conversion (lat. Conversio - conversion) of contracts is one of the institutes to which no deserved attention has been paid in domestic theory. In textbooks that cover the general part of civil law, and those used for teaching the law of obligations, this institute is, with certain exceptions, presented rather briefly - usually, beside the legal definition, we find only the field of application and examples of conversion. We were unable to find monographs on the subject of conversion. On the other hand, in foreign literature, mostly German and Italian, we find a large number of monographs on the topic of conversion. The subject of this paper is one part of the norm that prescribes the conversion of a contract, and that is the nullity of a contract, which is provided as a precondition for the application of the institute. The scope of application of conversion seems to be precisely and clearly defined, especially having in mind the text and the place of the norm within the Law Contracts and Torts, and in this paper we will see if that is actually the case. In the search for the answer, we also used the comparative legal method. The area of application of conversion was considered - and we did not limit ourselves only to null and void contracts, but we considered the possibility of its application to non-existent, null and void, voidable contracts, then to partially null and void contracts, but also to valid contracts. Within null and void contracts, special attention is paid to those illegal and immoral, and within non-existent ones - to a simulated contract.

scholarly journals Law and Social change: An Analytical Study

2021 ◽  
Vol 5 (IV) ◽  
pp. 01-09
Author(s):  
Dr. Shiv Pratap Singh Raghav
Keyword(s):  
Social Change ◽  
Analytical Study ◽  
State Legislature ◽  
The Other ◽  
Social Thinking ◽  
The Social ◽  
Heavy Burden ◽  
The Law ◽  
The One ◽  
Two Sides

There are two sides of each coin’ similarly. Each act of any person is also, either good or bad. And it is the rule, since existence of the society; good has to be accepted and the prohibited (evil, adharma or asatya). Indian Judiciary has generally been found to be alive to the needs of change happening in social thinking. By giving due consideration to the same while interpreting statutes in particular cases, the courts have brought out their fresh implications and thereby added new dimensions to the law. It is correct that law is an instrument of social change, law changes its shape according to the requirement of society or society changes the law through enactment of statues. In India, every session of Parliament and State Legislature introduces the Bills to amend the Act s(s) or enact Act(s). On the other hand, where, any question of facts comes before the court, judiciary’ (especially higher judiciary) is interpreting the law according to the requirement of society. The dialectic of the legal system in India, with its entrenched “multiplex of social structures” on the one hand and its multiplicity of indigenous, colonial, and developmental traditions on the other, is tremendously complex. The significant element in the interaction between law and society in India is the heavy burden on these multiple traditions and the social concerns and orientations of each.

ASAS TERBUKA UNTUK UMUM DAN KEHADIRAN FISIK PARA PIHAK DALAM SIDANG DI PENGADILAN NEGERI PASCA PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2019

2020 ◽  
Vol 6 (1) ◽  
pp. 237-250
Author(s):  
Bernadette M Waluyo
Keyword(s):  
Supreme Court ◽  
Basic Principle ◽  
Civil Law ◽  
The Other ◽  
District Court ◽  
Procedural Law ◽  
Other Hand ◽  
Administration Of Justice ◽  
Law Courts ◽  
Court Proceedings

The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level.  This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed.  On the other hand, these changes may violate a number of procedural civil law principles.  The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings. 

The Influence of Roman Law

2011 ◽  
Author(s):  
Donald R. Kelley
Keyword(s):  
Nineteenth Century ◽  
Twelfth Century ◽  
Civil Law ◽  
Human Condition ◽  
The Other ◽  
Roman Law ◽  
Christian Doctrine ◽  
The Law ◽  
Civil Science

Centuries of Roman jurisprudence were assembled in the great Byzantine collection, the Digest, by Tribonian and the other editors. Roman law became more formal when during the Renaissance of the twelfth century it came to be taught in the first universities, starting with Bologna and the teaching of Irnerius. The main channels of expansion were through the Glossators and post-Glossators, who commented on the main texts and on later legislation by the Holy Roman Emperors, which included “feudal law,” but also by notaries and other proto-lawyers. Christian doctrine also became part of the “Roman” tradition, and canon and civil law were taught together in the universities as “civil science.” According to the ancient Roman jurist Gaius, “all the law which we use pertains either to persons or to things or to actions,” three categories that exhaust the external human condition—personality, reality, and action. In the nineteenth century, the study of Roman law lost its ideological power and became part of philology and history, at least so concludes James Whitman.

scholarly journals Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 441
Author(s):  
Indah Esti Cahyani ◽  
Aryani Witasari
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Freedom Of Contract ◽  
Related Statement ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.

scholarly journals ETHICAL PRINCIPLES OF SOCIETY AS REGULATORY FACTORS OF CIVIL LAW OF UKRAINE: THE ISSUE OF VALIDITY

2019 ◽  
pp. 16-20
Author(s):  
V. Кroitor
Keyword(s):  
Civil Law ◽  
The Other ◽  
Ethical Principles ◽  
Regulatory Requirements ◽  
Regulatory Factors ◽  
Other Hand ◽  
Moral Rules ◽  
The Law ◽  
The One

The article studies the issue of scientific and practical validity of applying ethical principles of society as regulatory factors of civil law of Ukraine. Taking into account the lack of validity of ethical principles of society as regulatory factors, the author attempts to make a correlation between the content of such principles of civil law as fairness, integrity and reasonableness, on the one hand, and ethical principles of the society, on the other hand. The author of the paper proves that it is inappropriate to apply the provisions of morality as regulatory factors for the regulation of civil relations. The conclusion on the objection to the civil regularity of ethical principles of society is based on several theses. Firstly, moral rules are not formalized, which creates a threat of arbitrary interpretation of their content. Secondly, ethical principles do not have a definite source of origin. Thirdly, the fundamental ethical rules have already been taken into account in the content of the principles of fairness, integrity and reason, which in turn create competition between the two types of regulatory factors. Unreasonable duplication of regulatory requirements reduces the functionality of the law, complicates the perception of its requirements. The competition between the principles of law and the ethical principles of society must be eliminated by refusing to give the latter the function of regulatory factors. The author of the paper does not deny the possibility of taking into account the ethical principles of society while regulating the relations that have been neglected by the "official law".

Introduction

2014 ◽  
Author(s):  
Amira K. Bennison
Keyword(s):  
Middle East ◽  
North Africa ◽  
Political Legitimacy ◽  
The Other ◽  
The Subject ◽  
Political Legitimation ◽  
Two Sides

This chapter provides an introduction to the theme of political legitimacy in the medieval Islamic Maghrib and al-Andalus. It reviews previous historiographical approaches to the subject and considers the Arabic sources for the period, arguing for the importance of considering the two sides of the straits of Gibraltar as a single cultural zone. It then looks at political legitimacy in the Islamic Middle East and North Africa in general before tracing the evolution of particular themes in the Maghrib and al-Andalus up to the period covered by the volume. It ends with a brief review of the other chapters in the volume and their multi-disciplinary contribution to understandings of political legitimation in the region.

Misrepresentation and the Act of 1967

1967 ◽  
Vol 25 (2) ◽  
pp. 239-250
Author(s):  
P. B. Fairest
Keyword(s):  
The Other ◽  
Law Reform ◽  
Other Hand ◽  
The Subject ◽  
The Law ◽  
Lord Chancellor

The law concerning misrepresentations inducing contracts has been the subject of criticism for some years, and in 1959, the then Lord Chancellor, Viscount Kilmuir, referred the matter to the Law Reform Committee. Their Report, published in 1962, had a mixed reception. A learned commentator, writing in this journal, gave it a rather chilly welcome, on the ground that it went too far; on the other hand, Mr. Diamond, writing in the pages ofLaw Reform Now, complained that the Report did not go far enough, and suggested that the subtle distinction between a mere representation and a term of the contract should be abolished. In 1967 the Misrepresentation Act was passed, to give effect, with certain modifications, to such of the recommendations of the Law Reform Committee as had not yet been implemented.

scholarly journals CHARACTERISTICS WANPRESTASI AND ONRECHTMATIGE DAADAND THE CONSEQUENCES OF THE LAW

2020 ◽  
Vol 4 (1) ◽  
pp. 81
Author(s):  
MARKUS SURYOUTOMO
Keyword(s):  
Civil Law ◽  
Code Of Conduct ◽  
The Other ◽  
Legal Rights ◽  
Contractual Relationship ◽  
Starting Point ◽  
Procedural Code ◽  
The Law

<p>Onrechtmatigedaad and wanprestasi claims always rely on a contractual relationship between parties, giving birth to legal rights and obligations. Rights and obligations here are manifested by an achievement. When an achievement is not fulfilled or carried out in accordance with the contents of the agreement, it is called a default. While the act of violating the law the starting point of the lawsuit is the interests of certain parties who are harmed by the actions of other parties, even though between the parties there is no<br />contractual civil law relationship. In this case, the basis for the lawsuit is sufficient to prove whether the perpetrator's actions have actually harmed the other party. In other words, filing a lawsuit in violation of the law is solely oriented to the consequences caused by other parties experiencing losses. Petitum Lawsuit Defaults the plaintiff's demands in the form of: Granting the plaintiff's claim; Stating the Defendant has a Default, Punishing the Defendant to return the Principal, Interest and Profits to be obtained. In a Lawsuit for Violating the Plaintiff's Lawsuit; Stating the Defendant has committed an illegal act; Punish Defendant to pay compensation in the form of Material Compensation and Moriel Compensation. the merging of Unlawful Acts with default in one claim violates the procedural code of conduct because both must be resolved separately</p>

scholarly journals TANGGUNG JAWAB HUKUM NOTARIS TERHADAP AKTA AUTENTIK YANG DIBUAT DIHADAPANNYA (ANALISIS PUTUSAN NOMOR 2022 K/PDT/2013)

2021 ◽  
Vol 3 (2) ◽  
pp. 136-148
Author(s):  
Laberqi Pamitama
Keyword(s):  
Analytical Study ◽  
Civil Law ◽  
Civil Code ◽  
Direct Result ◽  
Legal Relationship ◽  
Illegal Acts ◽  
Legal Accountability ◽  
The Law

The Notary Deed in Article 1866 and Article 1867 of the Civil Code states that the Notary Deed is written evidence. In carrying out its duties, a Notary must be professional, this is stated in Article 16 letter of the Law on Notary Position. This research is a descriptive analytical study. The approach used in this research is a normative juridical approach. Based on the results of research and discussion, it can be concluded that: First, the form of Notary's legal accountability to the Authentic Deed made before him is the responsibility for the material correctness of the deed, then civil sanctions are imposed for errors that occur in the construction of illegal acts. Actions against the law in this case are active or passive. As a form of notary responsibility in the field of civil law, sanctions in the form of compensation, compensation and interest will be imposed as a result of which the Notary will receive from the lawsuit of the parties if the deed only has evidence as an underhand deed or the deed is null and void by law. Second, the notary can be responsible for the Authentic Deed made before him, it can be from reimbursement of expenses, compensation or interest that can be sued against the Notary based on a legal relationship between the Notary and the parties before the Notary. If there is a party who feels aggrieved as a direct result of a notary deed, then the person concerned can sue the notary publicly. In the case of a lawsuit due to an act against the law, Article 1365 of the Civil Code applies. In this case the Cassation Petitioners were rejected, so the Cassation Petitioners were sentenced to pay court fees at this cassation level.

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