ImStudy on Characteristic and Focus Problem of 《General Rules of the Civil Law》 in China

2017 ◽  
Vol 20 (3) ◽  
pp. 99-150
Author(s):  
Dong-Je Cho ◽  
Keyword(s):  
Civil Law ◽  
General Rules

Italy (‘.it’)

2015 ◽  
Author(s):  
Philipp Fabbio
Keyword(s):  
Civil Law ◽  
Business Activity ◽  
Domain Name ◽  
Domain Names ◽  
General Rules ◽  
Explicit Reference ◽  
Trademark Protection

Statutory provisions dealing specifically with domain names are found in the Codice della Proprietà Industriale (‘the CPI’),1 ss 12(1)(c), 22, 118(6), and 133. Sections 12(1)(c) and 22 define the scope of trademark protection. In doing so, they also consider interference with domain names that are used in the course of a business activity (nomi a dominio aziendali). Sections 118(6) and 133 deal with remedies for trademark infringements and make explicit reference to domain names as well. Besides these specific rules, conflicts before the Italian courts based on domain name registrations are to be resolved according to the general rules of trademark, competition, and civil law.

scholarly journals Obligations of beneficiary and arising rights in the insurance contract – A Comparative, analytical study –: الأساس القانوني لمسؤولية المؤمن له الناشئة عن عقد التأمين – دراسة مقارنة –

2021 ◽  
Vol 5 (1) ◽  
Author(s):  
Muneer Ali Hulaiel
Keyword(s):  
Traffic Accidents ◽  
Civil Law ◽  
Insurance Contract ◽  
Insurance Law ◽  
Vehicle Accidents ◽  
Vehicle Owner ◽  
Legal Provisions ◽  
General Rules ◽  
Financial Consequences ◽  
Car Accident

In this study, the obligations of the beneficiary and his rights to the insurance contract were dealt with as an impact on the insurance contract, which is of interest at present, which is not comparable to any different types and forms of insurance, indicating that the legislation in question has intervened and imposed some types of legal provisions, as in the case of insurance from liability arising from traffic accidents. This is due to the mandatory insurmountably of each vehicle owner, given the risks caused by the damage caused by vehicle accidents and the financial consequences of those responsible for these damages and the aim of this study to address the issue by analysis and comparison between Jordanian civil law, UAE civil transaction law and Egyptian civil law. We referred to some special legislation on compulsory car accident liability insurance. One of the most notable findings is that comparative legislation did not include regulatory provisions for the insurance contract to the extent commensurate with its nature and importance. It is recommended is that there must be a modern, ideal insurance law instead of relying on general rules.

scholarly journals The system of co-ownership in Japan

2021 ◽  
Vol 12 (2) ◽  
pp. 374-383
Author(s):  
Minju Kim ◽  
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Basic Rule ◽  
Collective Ownership ◽  
General Rules ◽  
Joint Ownership ◽  
Numerus Clausus ◽  
The Law

The system of co-ownership in civil law affects various legal relationships, such as property partnerships and co-heirs. This article introduces the general rules of the co-ownership system in the Japanese Civil Code and explains how they are applied in harmony with the regulations concerning property partnerships and co-heirs. In particular, it deals with changes to regulations concerning partnership property and co-inherited property via a recent amendment of the law of obligations and law of inheritance. There is a debate about whether partnership property is shared jointly or collectively by the partners. This article, according to the basic numerus clausus principle in the Pandekten system, suggests that collective ownership should be stipulated in part on real rights and the premise that the provisions of partnership property under the Japanese Civil Code refer to regulations reflecting the collective binding of the German Civil Code. Despite the premise that co-inherited property is shared jointly by each co-heir, some conflicts have arisen regarding the disposition of shares of co-owned things and requests for refunds of deposits by partial heirs before a formal division of inheritance. The revised civil code established new provisions to resolve these issues. However, defining “joint ownership” in terms of statutory shares is taken as a basic rule while the specific portion of co-heirs has not been determined, as noted in the article, and it results in an unfair distribution of inherited property.

scholarly journals The 'Association in Participation' and the 'Simple Partnership' in the Romanian Civil Code

2019 ◽  
Vol 8 (1) ◽  
pp. 135-149
Author(s):  
Emőd Veress
Keyword(s):  
Decision Making ◽  
Present Article ◽  
Civil Law ◽  
Civil Code ◽  
Legal Personality ◽  
General Rules

At present, the Romanian monist civil law regulates two types of cooperative structures or companies without legal personality: the ‘societatea simplă’, literally, simple company or, more precisely, simple partnership, and the ‘asociere în participaţie’, literally, association in participation. Both contracts can be used in a traditional non-commercial context but also for business purposes. Therefore, a necessity to delimitate them occurs. This article deals with the difficulties of such a delimitation: sometimes a clear borderline can be drawn, other times the association in participation contract requires that legal practitioners rely on the general rules of simple partnership, which have a complementary and subsidiary character. The objective of the present article is also to analyse the (mandatory and default) character of norms of association in participation, the decision-making procedure of this contractual structure, issues regarding representation, and transfer of partnership rights.

Określenia podmiotów czynności prawnych w chińskim języku prawnym

2021 ◽  
pp. 64-77
Author(s):  
Paulina Kozanecka
Keyword(s):  
Civil Law ◽  
Contract Law ◽  
Writing System ◽  
Legal Language ◽  
Inheritance Law ◽  
Chinese Law ◽  
General Law ◽  
Research Material ◽  
General Rules ◽  
Alphabetic Writing

The aim of this paper is to analyze the terms of the subjects of acts in law in Chinese legal language. Morphologically, Chinese is an isolating language. It also uses a non‑alphabetic writing system. Creating the terms of the subjects of acts in law is governed by fairly strict language rules; however, there are numerous exceptions that may be misleading for the translator. These terms are commonly used, among others, in the civil law contracts and therefore are an important element of the legal language, also used by non-specialists (e.g. parties to the contract). The analysis of particular terms has allowed to identify the aforementioned general rules in the legal language, as well as to find some exceptions. The research material included the civil law acts (General Principles of Civil Law of the PRC, new General Provisions of Civil Law of the PRC, the Contract Law, and the Inheritance Law – in modern Chinese law, as yet, no unified civil code has been adopted, therefore its role is played by the general law and the so-called satellite laws). The study is complemented by the comparison of the Chinese legal terms and their suggested Polish equivalents, which can be a valuable help for translators.

scholarly journals Regarding the concept of sale of the debtor's property in bankruptcy proceedings

2021 ◽  
pp. 52-58
Author(s):  
Y.E. Tyurina
Keyword(s):  
Civil Law ◽  
Legal Provisions ◽  
Procedure Code ◽  
General Rules ◽  
Bankruptcy Procedure

The article substantiates the theoretical and legal provisions on the concept of sale of the debtor's property in the bankruptcy process. It is established that at the legislative level the interpretation of the term "sale" is quite broad, because it covers the conclusion of sales not only contracts of sale. It is noted that it is impossible to identify the concept of "sale" and "sale", because the content load of the concept of "sale" is much wider than the content load of the term "sale". It is emphasized that the concept of "sale of the debtor's property in the process of bankruptcy" should be considered as a direct conclusion of an agreement on the alienation of the debtor's property. It is argued that the inclusion in the contracts, which mediate the sale of property at auction only agreements that provide for the transfer of ownership. Emphasis is placed on the fact that civil law contracts of sale and business contracts can be concluded in the same way at auctions for the sale of the debtor's property. It is emphasized that the provisions of the Bankruptcy Procedure Code establish an exception to the general rules on the form of these types of agreements and provide for the conclusion of auctions for the sale of property of the debtor in a simplified manner, ie by taking implicit actions. It is determined that the protocol on the auction and the act of acquisition of property at the auction are documents that state the fact of victory of the buyer under certain conditions. Based on the finalization of the provisions on the sale of the debtor's property in bankruptcy, its revised doctrinal definition is formulated as a stage in the process of selling the property, which involves concluding a contract of sale at auction in a simplified manner, on commission or direct alienation to the buyer.

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