scholarly journals Legal Person Subject to Civil Law

2021 ◽  
Vol 9 (1) ◽  
pp. 13-23
Author(s):  
Cristian Macsim
Keyword(s):  
Present Article ◽  
Civil Law ◽  
Civil Code ◽  
Legal Person ◽  
Private Law ◽  
Wide Scope ◽  
Commercial Law ◽  
International Regulations ◽  
Constituent Elements

The legal person, now a distinct institution in its own right, regulated as such in the Romanian Civil Code, is the result of a long process of modernisation of Romanian legislation, but also of its harmonisation with international regulations which unanimously recognise the legal person as a subject of law. The notion of legal person was born in private law and has been and is used in all branches of law. Legal persons are distinct subjects in civil law or commercial law legal relationships. The legal person is a subject of law with a wide scope in the legal circuit. Commercial companies, autonomous companies, companies, are participants as legal persons in private law relationships. Legal persons are the entities provided for by law, as well as any other legally-established organisations which, although not declared by law to be legal persons, fulfill all the conditions provided for by the Civil Code and the relevant legislation. The present article aims to present the specific rules for the establishment and functioning of a legal person, as well as issues related to classifications and constituent elements, and to their liability for legal acts or deeds performed.

scholarly journals The Problem of Determining the Law Applicable to Damageable Act in the High Seas Pursuant to the Jordanian International Private Law

2019 ◽  
Vol 12 (1) ◽  
pp. 11
Author(s):  
Khaldoun Said Saleh Qtaishat
Keyword(s):  
Present Article ◽  
International Community ◽  
Civil Code ◽  
Private Law ◽  
Commercial Law ◽  
International Private Law ◽  
The Law ◽  
The Way ◽  
High Seas

In the present article, the author examines one of the most important issues related to the international private law. This issue is how to determine the law applicable to damageable act in the high seas according to the Jordanian international private law. This problem is represented in the way of how the Jordanian legislator, in general, deals with the law applicable to the damageable act in the Jordanian civil code without dealing with the problem of identifying the law applicable to the damageable act in the high seas, which leads the author to ask and answer about how to determine the law applicable to this damageable act. The jurisprudence of the international private law pays great deal of attention to the problem of the law applicable to damageable act on the high seas, where many opinions try to solve it. The international community also takes notice of this problem as well as the result of this attention the emergence of the Brussels maritime Collision Convention in 1910. It is worth mentioning that Jordanian legislator has addressed the issue of maritime collision in the Jordanian maritime commercial law which contains numerous provisions that match perfectly with the provisions of the Brussels Collision Convention in 1910.

“Lightning-fast” codification of Civil Law in Belgium: Civil Code 2020

2021 ◽  
pp. 145
Author(s):  
Dirk Heirbaut
Keyword(s):  
Present Article ◽  
21St Century ◽  
Civil Law ◽  
Civil Code ◽  
Private Law ◽  
Future Perspectives ◽  
Early 21St Century ◽  
European State ◽  
Record Time ◽  
Insight Into

The present article covers the codification of Civil Law in Belgium, which has in record time led to the enactment of several books of the new 2020 Civil Code. The article expounds the background and the plan for the new Civil Law codification in Belgium, the system and drafting methods of the Civil Code, as well as its future perspectives. The article offers insight into the example of a “recodification” process in the private law domain of an early 21st century West European state.

SUBORDINATION AGREEMENT IN THE SYSTEM OF PRIVATE LAW

2021 ◽  
Vol 21 (3) ◽  
pp. 7-107
Author(s):  
M.D. TYAZHBIN
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Law Reform ◽  
Private Law ◽  
Legal Nature ◽  
The Russian Federation

The article is dedicated to the category of subordination agreements. Based on the concept of conflict of rights in personam, the author makes an attempt to integrate this category into the system of private law, to determine the legal nature of subordination, and from these positions to assess the effectiveness of Art. 309.1 of the Civil Code of the Russian Federation, implemented in the course of the civil law reform.

scholarly journals Understanding the Unlawful Acts (Problems and Challenges) A Book Review ‘Perbuatan Melanggar Hukum’, Prof. Dr. R. Wirjono Prodjodikoro, SH., CV Mandar Maju, Bandung, 108 Pages, ISBN 978-979-538-470-0

2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Natanael Andra Jaya Nababan
Keyword(s):  
Primary Education ◽  
Civil Law ◽  
Civil Code ◽  
Commercial Law ◽  
East Indies ◽  
Dutch East Indies ◽  
The Law ◽  
Broad Meaning

Book witen by Prof Dr. R. Wirjono Prodjodikoro, Wirjono was bor in Surakarta, Dutch East Indies, on 15 June 1903. After completing his primary education, he attended the Rechtsschool I in Batavia, graduating in 1922. He then became a judge, later taking time to study at Leiden University in Leiden, Netherlands. This book talks about acts that can violate laws which are viewed from the point of civil law. I The term "unlawrful acts" in general is very broad meaning that is if the word "law" is used in the broadest sense and the matter of legal conduct viewed from all angles. Now the act of violating the law will be discussed smply because there are consequences and solutions that are regulated by the Civil Code in the broadest sense, which includes commercial law. This needs to be stated I here, because Article 102 of the Provisional Constitution distinguishes Civil Law from Commercial Law.

scholarly journals Evaluation Concepts in Russian Codifications of Civil Law

Lex Russica ◽  
2019 ◽  
pp. 37-50
Author(s):  
V. G. Golubtsov
Keyword(s):  
Essential Feature ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
Civil Code ◽  
Property Law ◽  
Private Law ◽  
Private And Public ◽  
The Impact ◽  
Basic Evaluation

Based on general legal and civilistic experience in the study of evaluative concepts, the author investigates the general and the specific in their civil law nature. As the result of the study, the author draws the conclusion that the existence of evaluative concepts forms a distinctive essential feature of civil law as private law. It is noted, however, that the doctrine, law-maker and law-enforcer need basic guidelines that will allow to define objective criteria for nominating concepts as evaluative, as well as for determining the boundaries of their systematic interpretation. Also, the author concludes that the impact of evaluation concepts on legal regulation in private and public law is different. In civil law, depending on the localization in the text of the Civil Code, it is possible to distinguish two groups of evaluation concepts. The first group includes the basic evaluation concepts that allow us to see the goals, meaning and specifics of civil law regulation. The second group, in the author’s opinion, includes peripheral evaluation concepts that are utilized by property law and separate contractual constructions and the presence of which allows to avoid unnecessary causality and, at the same time, makes it possible to bring legal regulation closer to real relations.

scholarly journals Więź emocjonalna ze zwierzęciem a dobra osobiste

Radca Prawny ◽  
2021 ◽  
pp. 148-167
Author(s):  
Karolina Panfil
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Private Law ◽  
Personal Interest ◽  
Monetary Compensation ◽  
Personal Interests ◽  
Legal Consequences ◽  
Prevailing View

Emotional bond with an animal and personal interests The paper looks at the legal consequences of a domesticated animal’s death in the sphere of private law. A prevailing view of the Polish doctrine excludes any claims aimed at monetary or non-monetary compensation of the harm suffered by an owner as a result of an animal’s death. Several recent cases concerning such claims, resolved by the Polish courts differently, have been criticized. In particular, most authors think that the emotional bond between a person and their animal cannot qualify as a personal interest protected by Article 24 of the Polish Civil Code. The article discusses critically the majority view and presents arguments in favor of a different approach to the civil law compensation for harm caused by a domesticated animal’s death.

scholarly journals Intermediate Appellate Review of Commercial Law Decisions in Turkey

2014 ◽  
Vol 4 (1) ◽  
pp. 59-71
Author(s):  
Berna Tepe
Keyword(s):  
Present Article ◽  
Judicial Review ◽  
Civil Procedure ◽  
Court Decision ◽  
Private Law ◽  
Legal Systems ◽  
Commercial Law ◽  
Made In

The judiciary in Turkey is still preparing for the expected intermediate appellate review (istinaf) mechanism in Turkey although the official date for its functioning is yet to be specified. Under Turkish law, a first instance court decision can be appealed not because an assertion or a claim is rejected, but due to a substantive or procedural norm of law which should have been applied during the proceedings in an accurate manner. The scope of such review also covers the suitability of the first instance court’s decision. There are nonfunctional aspects to the judicial review as specified in the 2011 Code of Civil Procedure of which a major column of novelties consist of the suspended mechanism of dual appellate review. However, the 2011 Code of Civil Procedure regulates the intermediate appellate review as a series of procedural acts and steps. The reasons to appeal a first instance court’s decision can rather be deduced from the provisions of 2011 Code of Civil Procedure. In order to structure the reasons and stages of the intermediate appellate review in Turkey, a distinction is made in the present article between (i) review over the appeal’s conditions of admissibility, (ii) review of the decision’s legality, (iii) review of the decision’s legitimacy. Rationally, the reasons for intermediate appellate review should be construed as to accomodate at least the grounds for higher appellate review as well as the extraordinary judiciary review. As different areas of private law are based on different principles, it is noteworthy that cases referred to herein pertain to commercial law. Finally, due to the parallelism between the Turkish and the French legal systems, references to decisions given by the French jurisdiction on commercial matters are made throughout the present article. 

A.L. MAKOVSKY AND THE REVIVAL OF RUSSIAN PRIVATE LAW

2021 ◽  
Vol 20 (6) ◽  
pp. 8-17
Author(s):  
E.A. SUKHANOV
Keyword(s):  
Intellectual Property ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Point Of View ◽  
Private Law ◽  
Public Interests ◽  
Private And Public ◽  
The Russian Federation

The article highlights the role of prof. A.L. Makovsky in the creation of the new Civil Code of the Russian Federation of 1994–2006, as well as in the organization of the practice of its application and the development of the Concept for the Development of Civil Legislation of the Russian Federation in 2009. Special attention is paid to the activities of A.L. Makovsky on the preparation of the Fourth Part of the Civil Code of the Russian Federation and the concept of intellectual rights enshrined by it, opposing the traditional archaic concept of “intellectual property”. The importance of the need to increase the attention of civil law to the issue of protecting the rights and interests of citizens and other weakest participants in civil legal relations in their opposition to the interests of large companies striving to take a privileged position in property turnover is shown. From this point of view, the author substantiates the need for a significant adjustment in the understanding of the balance of private and public interests, which is the basis of civil law regulation.

The Influence of Chingiz-Khān's Yāsa upon the General Organization of the Mamlūk State

1942 ◽  
Vol 10 (4) ◽  
pp. 862-876 ◽  
Author(s):  
A. N. Poliak
Keyword(s):  
Present Article ◽  
Civil Law ◽  
Point Of View ◽  
Economic Life ◽  
Commercial Law ◽  
Modern Times ◽  
Legal Code ◽  
General Organization ◽  
Made In ◽  
Communal Organization

IN an article published several years ago we have collected evidence corroborating al-Maqrīzī's statement (mistrusted by Quatremère in Histoire des Mongols) that siyāsa, the legal code of the Mamlūks, was founded upon the Great Yāsa of Chingiz-Khān. The Great Yāsa was not merely a code of criminal and civil law but a system of rules governing the entire political, social, military, and economic life of the community which adopted it. The expansion of this system outside the Mongol nation was due to the belief that it was responsible for the extraordinary military success of the Mongols in the thirteenth century, and that it might be regarded as a talisman ensuring victories on the battle-field. The Yāsa rules concerning communal organization were even more important from this point of view than the laws treating of the behaviour of individuals. It is natural, therefore, to suppose that not only the Mamlūk criminal, civil, and commercial law but also the general organization of the Mamlūk state was based upon the Yāsa. The present article, inspired by the attempts made in modern times to collect and systematize the fragmentary evidence concerning the contents of the Yāsa, is intended to show that this organization is indeed comprehensible only in the light of such evidence. Some preliminary remarks are necessary.

scholarly journals A Német Szövetség váltójogi jogalkotása és annak hatása az Osztrák Császárságra és a Magyar Királyságra

DÍKÉ ◽  
2021 ◽  
Vol 5 (1) ◽  
pp. 201-212
Author(s):  
Marcell Baranyai
Keyword(s):  
Civil Law ◽  
Private Law ◽  
Commercial Law ◽  
Good Basis ◽  
The Creation ◽  
Civil Codes ◽  
Austrian Law ◽  
Important Branch

Among the 19th century’s European legislative and codification processes nowadays’ jurisprudence is happy to highlight the creation of civil codes as a milestone in the development of civil law, however, we must not forget the flourishing of another, at least as important branch of private law: the commercial law. In parallel with the growth of overland and sea trade, with increasingly diversified commercial relations, commercial transactions developed, which may have served as a good basis for the development of private law. This study is the first in a series of commercial law history studies and presents the sources of different laws on bills of exchange in the German territories and the harmonizing legislation of the thousand-faced German Confederation, as well as its impact on the Austrian Empire, such as the Austrian law on bills of exchange and the Hungarian Kingdom's vicious, but ultimately rewarding independent legislative aspirations.

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