scholarly journals Civil Law Peculiarities of State and Municipal Contracts Concluded with the Use of Electronic and Digital Means

JURIST ◽  
2021 ◽  
Vol 1 ◽  
pp. 23-29
Author(s):  
Olga M. Rodionova ◽  
Keyword(s):  
Civil Law ◽  
Digital Signatures ◽  
Independent Group ◽  
Identification Code ◽  
Legal Structure ◽  
Written Form ◽  
State Registration ◽  
Functional Purpose

The article reflects the results of the analysis of legislation on the conclusion of state and municipal contracts using electronic and digital means and the practice of its application. It is noted that the conclusion of the contracts in question differs in physical and technological terms from those actions that are performed in the course of procurement without the use of electronic and digital means. However, the functional purpose of digital procurement remains unchanged. Therefore, neither special legislation on electronic digital signatures, nor the existence of requirements for the use of electronic digital means in the conclusion of state and municipal contracts change their written form. At the same time, the legal structure of their conclusion becomes more complex due to the requirement to specify a special record of accounting nature-the purchase identification code, which makes it possible to separate the contracts in question into an independent group along with transactions requiring state registration.

scholarly journals IDENTIFICATION OF CRITERIA FOR NON-COMPLIANCE OF THE TRANSACTION FORM IN THE SYSTEM OF CIVIL-LEGAL TRANSACTIONS INVALIDITY

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 110-118
Author(s):  
N. A. Ablyatipova ◽  
D. I. Ryukhtina
Keyword(s):  
Civil Law ◽  
General Rules ◽  
Written Form ◽  
State Registration ◽  
Legal Consequences

The article discusses the norms established by civil law on the form of a transaction, the non-observance of which entails the invalidity of the transaction. Criteria of observance of the forms of transactions established by law have been investigated, and the features of classifying transactions with form defects as disputable and void have been identified. Certain problems of non-compliance with the written form of the transaction on the basis of systematization of requirements for the commission and conclusion of a simple written and notarial form are identified, some characteristics of state registration of transactions are highlighted. Based on the study, the main legal consequences of transactions with defects in form are formulated and exceptions to the general rules are identified.

Fungsi Hukum Nota Kesepahaman Sebagai Perikatan Perjanjian Menurut Kitab Undang-Undang Hukum Perdata (KUH Perdata)

2021 ◽  
Vol 17 (1) ◽  
pp. 78-93
Author(s):  
Mochamad Moro Asih ◽  
Tunjung Fitra Wijanarko
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Moral Sanction ◽  
Written Form ◽  
Legal Force

The position of the Memorandum of Understanding on Indonesian Civil Law, as a written form of understanding between the parties, is not a law based agreement. In consequences, no sanctions applied for those parties whose denying (the agreement(s), but on moral sanction. However, a Memorandum of Understanding that does not have a compelling legal force can have it sanctions for any parties involved. The strength to binding (parties) of the Memorandum of Understanding according to agreement law in Indonesia is found on Indonesian Civil Code, equate a Memorandum of Understanding with an “agreement”. Article 1338 of Indonesian Civil Code states that every agreement made, legally binding as a law for the parties who made such agreement (Pacta Sunt Servanda), but if the legal elements of the agreement in Article 1320 Indonesia Civil Law are not fulfilled, then the Memorandum of Understanding is anulled and void by law, and has no legal force. Keywords: Memorandum of Understanding, agreement, sanction, Code of Civil Law

scholarly journals Applying a specific contractual structure in favor of a third party to a passenger carriage contract

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Diana Sergeevna Fedotova
Keyword(s):  
Systematic Approach ◽  
Civil Law ◽  
Legal Regulation ◽  
Third Parties ◽  
Third Party ◽  
Legal Structure ◽  
Scientific Justification ◽  
Minor Children ◽  
Similarities And Differences ◽  
Contractual Structures

The article considers the possibility of drawing a passenger carriage contract based on the model of beneficiary contracts. In the case of the conclusion by organizations of carriage contracts for organized groups of passengers, a specific contractual structure in favor of a third party may be applied. Minor children can be considered third parties in whose favor a passenger carriage contract is concluded. The contradictions of the current civil legislation regarding the consideration of minor children as passengers have been revealed. The methodological basis of the study includes the following methods. A systematic approach is used to identify the role and place of the passenger carriage contract in the system of civil law contracts, as well as contradictions in civil law. Comparison is actively used to identify similarities and differences in the legal regulation of the passenger carriage contract under the legislation of various countries. Legal modeling is used in the analysis of specific contractual structures, which are legal models, and in modeling the structure of the passenger carriage contract. Methods of formal and dialectic logic are used as well. The contribution to the study of the issue is associated with the scientific justification of the need to improve the legal structure of the passenger carriage contract according to the contract model in favor of a third party.

scholarly journals Mediation in Different Areas of Chinese Legal Reality – Parametrisation of Selected Terminology

2016 ◽  
Vol 45 (1) ◽  
pp. 175-186
Author(s):  
Joanna Grzybek
Keyword(s):  
Civil Law ◽  
Civil Procedure ◽  
Legal Systems ◽  
Legal Structure ◽  
Legal Translation ◽  
Science Centre ◽  
National Science ◽  
The Republic ◽  
Research Grant

Abstract The paper deals with terminological issues in legal translation. The author has researched the process of establishing equivalents for partially equivalent terminology, using the parametrical approach to legal translation. The research consists of the terminological analysis of the texts of mediation regulations formulated in Chinese and Polish. The objective was to establish translational equivalents in the case of significant differences between the legal systems of the above mentioned linguistic area. The research was financed from the research grant no. 2012/07/E/HS2/00678, titled: Parameterisation of legilinguistic translatology in the scope of civil law and civil procedure awarded by the National Science Centre of the Republic of Poland (Sonata Bis program). Determining the acceptability of functional equivalents in the selected linguistic area is possible by comparison of their semantics with the legal structure in different legal systems and cultures. The author investigates if attributing properties from dimensions relevant in translation to mediation law terms can be helpful in the process of translation.

scholarly journals A COMPARISON OF THE COMMON LAW BASED DUTY WITH ITS CIVIL LAW EQUIVALENT

2020 ◽  
Author(s):  
Azamat Omarov ◽  
Asylbek Kultasov ◽  
Kanat Abdilov
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Comparative Law ◽  
Case Law ◽  
Legal Systems ◽  
Legal Structure ◽  
Legal Term ◽  
Legal Effect ◽  
The World ◽  
The Common

The article discusses the features of civil law in different countries. The authors studied the origins of the modern tradition of civil law, comparing the legal systems of two European countries. One of the traditional classifications of duties in civil law is analyzed, the conclusion is made about the inappropriateness of the allocation of personal and universal duties. In comparative law, there are many situations where the same legal term has different meanings, or where different legal terms have same legal effect. This confusion most often occurs when civil lawyers have to deal with common law, or vice versa, when common law lawyers deal with civil law issues. While there are many issues which are dealt with in the same way by the civil law and common law systems, there remain also significant differences between these two legal systems related to legal structure, classification, fundamental concepts, terminology, etc. As lawyers know, legal systems in countries around the world generally fall into one of two main categories: common law systems and civil law systems. There are roughly 150 countries that have what can be described as primarily civil law systems, whereas there are about 80 common law countries. The main difference between the two systems is that in common law countries, case law – in the form of published judicial opinions – is of primary importance, whereas in civil law systems, codified statutes predominate.

scholarly journals Registration Procedures In The Mechanism Of Water Bodies Transfer For Use Under Lease

2020 ◽  
pp. 89-100
Author(s):  
L.R. Miskevych
Keyword(s):  
Civil Rights ◽  
Natural Resources ◽  
Water Body ◽  
Civil Law ◽  
Scientific Article ◽  
Land Plot ◽  
The Status ◽  
The Law ◽  
State Registration ◽  
The Right

The scientific article is devoted to the study of problematic issues of acquiring the right to use water facilities under lease. It is noted that in the field of land, water, environmental relations, the water body and the land under it are separate objects, but in the field of property relations, which are governed by civil law, such objects are one whole both in the spectrum of regulation of property rights and contractual relations. However, the different sectoral affiliation of the water body and the corresponding land plot of the water fund inevitably affect the content of civil legal relations, supplementing the civil rights and obligations of the subjects of these legal relations with statutory requirements for the use of these natural resources. The significance of registration actions for the water body and the land plot of the water fund, which is transferred for use in the complex with the water body, is analyzed. The commission of such actions is aimed at establishing their identifying criteria and state recognition of these natural resources as objects of water and land relations, respectively. However, in the property turnover the public value is not the land plot of the water fund or the water object taken separately, but their tandem, which is perceived as an object of civil legal relations and, accordingly, the subject of the lease agreement. Given that the interests of the tenant are satisfied by the use of water space, the law states that the use of the contract provides a water body in a complex with a plot of land. However, such a legislative approach made it difficult to decide when the tenant acquired the right to use, as the law does not define a water body as property in respect of which the state registration of rights is carried out. Based on the analysis of the normatively established identifying criteria of a water body, it is concluded that the water body can be considered in the status of real estate in view of its legislative definition. Thus, when determining the moment of acquisition of the right to use water facilities under lease, it will be justified to apply the provisions of civil law. The novelty of the legislation is the priority of the land plot in the complex with which the water body is transferred and the automatic extension of the right to lease the land plot under the water body to such water body.

ON THE LEGAL NATURE OF STATE REGISTRATION OF REAL ESTATE OWNERSHIP

2017 ◽  
Author(s):  
Ihor Binko ◽  
Keyword(s):  
Real Estate ◽  
Social Relations ◽  
Civil Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
The State ◽  
Special Role ◽  
Real Property ◽  
Procedural Law ◽  
State Registration

The article examines different views on the state registration of real property rights, in particular, indicates that such a process is interpreted by scholars in terms of administrative law as: a type of administrative proceedings or as an institution of law and legislation, or as an administrative service, and in some cases as the way the state performs administrative functions. It is noted that the state registration of rights to real estate especially ownership rights, can be an institution of administrative and civil law or be considered an interdisciplinary institution. In the part in which it is an institution of administrative law, the question arises, to the substantive, ie specifically administrative law or procedural, ie administrative procedural law, this institution can be attributed? Public - legal direction, as well as the legal properties that are endowed with state registration of rights allow us to speak about a certain uniqueness of its public law essence. It plays a special role in private legal relations as a legal mechanism for the emergence, transfer and termination of rights. It is noted that while civil law uses the main dispositive method of legal regulation of civil relations, the studied relations are regulated by the method of imperative prescriptions, in particular imperative are the rules of civil law, which establish the need for state registration, as well as administrative law of procedural nature. It is stated that as part of administrative law the institute under study belongs to its special part, which contains normative material and theoretical provisions governing a particular type of homogeneous social relations, including subsectors and legal institutions, service law, municipal law, administrative law, administrative procedural law.

Bidding as a universal category of civil law

2016 ◽  
Vol 4 (4) ◽  
pp. 392-400
Author(s):  
Вадим Хохлов ◽  
Vadim Khokhlov
Keyword(s):  
Civil Law ◽  
Legal Structure ◽  
Universal Category ◽  
Special Order

The article discusses auctions as a universal legal structure, which is exclusively civil, as in other branches of law it can only be used without losing it´s nature as a special order of the contract conclusion. Notification about auctions must be qualified by taking into consideration the conditions and circumstances of particular trades, but it can be acknowledged as a deal or an offer. Benefits and privileges after the contract conclusion maintained only in public tenders, and only by direct provision of law.

scholarly journals AKTA NOTARIS (AKTA OTENTIK) SEBAGAI ALAT BUKTI DALAM PERISTIWA HUKUM PERDATA

Acta Comitas ◽  
2016 ◽  
Author(s):  
I Ketut Tjukup ◽  
I Wayan Bela Siki Layang ◽  
Nyoman A. Martana ◽  
I Ketut Markeling ◽  
Nyoman Satyayudha Dananjaya ◽  
...  
Keyword(s):  
Preventive Measures ◽  
Civil Law ◽  
Mutual Trust ◽  
Written Form ◽  
Made In

Notary is one of professions lawful services to public, which has responsibilities related with authentic attesting instruments, such as, letters,certificates, or documents made by him/her in written form concerning various lawful actions Departing from the circumstances as preventive measures of prevention needs to be premature given information about the notarial deed (deed authentic) as evidence in the event of civil law in order to later villagers in any transaction in a very large amount in order to carry out the agreement in front notary officials. The fact that occurs in the community, some of them are less aware of the importance of a document as evidence that an agreement between the parties is done with a sense of mutual trust and made ??orally, but there are also some people who understand the importance of making a document as evidence that the deal is made in writing, that it will be presented as a means of evidence.

scholarly journals Civil Law and Common Law: Two Different Paths Leading to the Same Goal

2001 ◽  
Vol 32 (3) ◽  
pp. 817 ◽  
Author(s):  
Caslav Pejovic
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Legal Issues ◽  
Distinctive Features ◽  
Theoretical Examination ◽  
Legal Structure ◽  
Procedural Law ◽  
The Common ◽  
Substantive Law

"There are many ways to skin a cat".While there are many legal issues which are dealt with in the same way by the civil law and Common Law systems, there remain also significant differences between these two legal systems related to legal structure, classification, fundamental concepts and terminology. This paper does not deal with theoretical examination of differences between the common law and the civil law, but focuses rather on various distinctive features of civil law and common law, with several illustrations of resulting differences in both substantive law and procedural law. These differences are not examined in detail as they should serve only as illustration of those differences. The paper does not enter into polemic as to which legal system is better and what are the advantages of common law or of civil law. The purpose of this short study is simply to highlight some of the main conceptual differences between common law and civil law systems, and to explore the possibilities of reconciling of some of those differences.

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