scholarly journals PENERAPAN ASAS KEBEBASAN BERKONTRAK DALAM PERJANJIAN SIMPAN-PINJAM YANG DILAKSANAKAN OLEH BMT SURYA MANDIRI

2016 ◽  
Vol 9 (1) ◽  
Author(s):  
Ridho Rokamah
Keyword(s):  
Civil Law ◽  
Payment System ◽  
Financial Loss ◽  
Legal Relation ◽  
Two Sides

<p align="center"><strong>PENERAPAN ASAS KEBEBASAN BERKONTRAK DALAM PERJANJIAN SIMPAN-PINJAM YANG DILAKSANAKAN OLEH BMT SURYA MANDIRI</strong></p><p align="center"><strong> </strong></p><p align="center"><em>Ridho Rokamah</em><em></em></p><p><strong>Abstract:</strong> <em>Legal relation between debtor and creditor is a part of ‘civil law’ case (hukum perdata.) It is a contract refers to a particular case. Each sides of doers can freely manage contents of contract based on ‘civil legal law’ (KUH Perdata) article 1338 which states “Semua perjanjian yang dibuat secara sah berlaku sebagai undang-undang bagi mereka yang membuatnya.” Contract content standard of BMT Surya Mandiri, substantially, suffers a financial loss for two sides.  Contract standard especially muz</em><em>}</em><em>a</em><em>&gt;</em><em>rabah should be revised not only at payment system but also at ‘payment duration’ and ‘wanprestasi’ to strengthen legal justice for both sides.</em></p><p><em>This paper is to analyze this particular contract using legal jurisprudence and ‘civil legal law’ (KUH Perdata) for harmonize the two sides of doers.      </em></p><p><strong>Keywords:</strong> Perjanjian baku, asas kebebasan berkontrak, perjanjian <em>muz</em><em>}</em><em>a</em><em>&gt;</em><em>rabah</em>,</p>

scholarly journals Significancy and Subtancy of Civil Suit Compensation in Corruption Case where the Defendant was Acquitted by Judge

2020 ◽  
Vol 3 (4) ◽  
pp. 1948-1959
Author(s):  
Alfon Alfon ◽  
Suhariningsih Suhariningsih ◽  
Bambang Sugiri ◽  
Prija Djatmika
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Financial Loss ◽  
Civil Action ◽  
Loss Recovery ◽  
Civil Lawsuit ◽  
Corruption Case ◽  
Civil Suit ◽  
The Law ◽  
Financial Losses

The spirit of Article 32 paragraph (2) of UU 31 / 1999 jo. UU 20 / 2001 means the country can use its right to a civil action for compensation for financial loss recovery state. The rationale for setting lawsuit replace losses in the article that indicates that in order to restore the country's financial losses due to corruption is not enough only in lean to the norms of criminal law. If the UU 31 / 1999 jo. UU 20/2001 categorized as Criminal Laws, then the regulation of a civil lawsuit in the Law, shows that a Prevailing Law may contain aspects of both criminal law and civil law. The study is the study of law by using the approach of Legislation, conceptual and historical approach. The results were obtained from studies of this are: 1) The specificity handling of corruption judging from the way the settlement; 2) The meaning and essence of civil suit for damages in the enforcement of the law on corruption. The civil lawsuit instrument is intended to maximize the return on state financial losses, because criminal efforts do not always succeed in recovering the entire state financial losses. The limitations of criminal law make criminal law instruments not the only one to solve the problem of returning state finances due to criminal acts of corruption.

scholarly journals Institution of Liability arising due to Causing Harm: Current State and Ways of Improvement

2019 ◽  
pp. 68-78
Author(s):  
L. K. Ostrikova
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
Public Authority ◽  
Tort Liability ◽  
Criminal Proceedings ◽  
Legal Relation ◽  
Current State ◽  
Governmental Power ◽  
Definition Of

The article is devoted to the institution of obligations arising due to causing harm in the light of the reform of civil legislation and established law enforcement practice. On the basis of the effective legislation analysis, analysis of the doctrine and jurisprudence, the author explores the concept of harm. The paper provides for the classification of characteristic cases of causing harm to participants of relations regulated under civil law. It is concluded that the absence of the legal definition of the concept “harm” widely used in the Russian legislation has led to the confusion of the legal categories of “causing harm” and “causing losses” as grounds for tort liability in public sectors of legislation and jurisprudence. The paper contains the author’s classifications of types of harm caused to property. The article reveals the content of the concept of non-property (reputational) harm caused to a legal entity. A comparative study of the concepts of “harm,” “damages,” “losses” has been carried out. It is concluded that tort liability can be imposed if harm rather than losses has been caused. The author explores the issues of application of recovery if losses are caused. The author analyzes the subinstitution — obligations arising due to harm caused by acts of public authority — in the field of public administration and law enforcement. The paper examines conditions for imposing tort liability for harm caused by state bodies and local self-government bodies, as well as their officials, and features of the subject composition of tort obligations. The author draws attention to the civil law nature of legal relations arising as a result of causing harm in the field of criminal proceedings, focuses on features of tort liability for harm caused in the field of criminal proceedings and subject composition of tort liability for causing harm in the field of governmental power. The author proposes to introduce into the effective civil legislation the rule containing the definition of the concept of harm as a generic concept. It is proposed to supplement the institution of liability arising as the result of causing harm with provisions regarding a public law entity whose property may be damaged and the classification of the harm caused to the participants of legal relation regulated under civil law. It is proposed to make a number of changes and additions to the subinstitution — obligations arising as the result of harm caused by the acts of public authority.

REDEMPTION AS A LEGAL FACT IN CIVIL LAW

2021 ◽  
pp. 184-190
Author(s):  
Anatoly Ya. Ryzhenkov ◽  
Keyword(s):  
Cultural Values ◽  
Civil Law ◽  
Fundamental Principle ◽  
Third Party ◽  
Freedom Of Contract ◽  
Legal Relation ◽  
Legal Relationship ◽  
Definition Of ◽  
Legal Fact ◽  
The Right

The article is devoted to the problem of redemption as a legal fact. In its external form and in its legal consequences, it represents a paid transfer of ownership of a thing and thus primarily resembles a contract of sale, so that it could be considered as a special case of it. However, at the doctrinal level, there is a completely different picture, where the redemption under its civil law regime is not only not identified with the purchase and sale, but sometimes does not even receive unambiguous recognition as a transaction. It is noted that the comparison of various options for redemption, enshrined in the norms of civil law, allows us to identify one common feature for them: in all cases, the decision to transfer ownership or to terminate the obligation (as in the case of an annuity contract) is made not by mutual will, but unilaterally. At the same time, the transfer of the right or the termination of the legal relationship in all cases is carried out on a strictly reimbursable basis. The universal property of redemption is precisely the legal effect, the emergence of a new legal relationship is only optional. Therefore, it is possible to formulate the definition of re-demption as a paid termination of a real or binding legal relationship at the request of one of the parties or a third party. In determining the redemption price, the agreement of the parties one of them is obliged to pay the agreed amount and the right to appropriate the thing from another – an obligation to provide the item and receive the agreed amount. Thus, the relation-ship of the participants in the buyout fits the description of the obligation. Moreover, the existence of an agreement between the parties indicates that this obligation is of a contractual nature. In the case of a buyout, such an integral element of the freedom of contract as the ability to decide at its own discretion whether to enter into this contract or not to enter into it is not maintained. More precisely, only one of the parties to the contract, namely the initiator of the purchase, is entitled to such a right, and this violates another fundamental principle of civil law – the equality of the participants in the legal relationship. The overall buyout model is a complex factual composition and includes the following elements: 1) the Base purchase (for example, abandoned the maintenance of cultural values, the mistreatment of animals, disagreeing with the decision of the shareholders meeting, etc); 2) treatment with the ransom demand, the transaction; 3) determination of the redemption price of: a) by agreement – a contractual obligation; b) court – ordered non-contractual obli-gation; 4) Payment of the purchase price (optional characterized proprietary and joint rela-tions, is the transfer of property to the payer; 5) Termination of a pre-existing legal relation-ship (with or without a new one).

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 Juridical facts within the mechanism of legal regulation of public relations in the sphere of money circulation

2020 ◽  
pp. 13-22
Author(s):  
Aleksandr Aleksandrovich Sitnik
Keyword(s):  
Public Relations ◽  
Civil Law ◽  
Legal Regulation ◽  
Payment System ◽  
Financial Reform ◽  
Financial Control ◽  
Operations Control ◽  
Cash Register ◽  
Financing Of Terrorism ◽  
Money Circulation

The research explores public relations emerging in the process of money issuance, circulation of cash, credit and electronic currency, accounting and reporting on operations involving finances, currency regulation, organization of national payment system, as well as financial control. The financial control includes control of the solvency of token money; control of adherence to the order of cash transactions and cash register operations; control and oversight of adherence to requirements towards check out equipment; monitoring and supervision within the national payment system; currency control; control in the sphere of counteraction of money laundering, and various forms of financing of terrorism. The scientific novelty consists in the fact that based on the general theoretic positions on juridical facts, the author formulates a concept of juridical facts, which bring forth emergence, changes, and termination of financial legal relations in the sphere of money circulation. The work delineates financial operations from civil law dealings, and the conclusion is made on the possibility of examining financial reform as a relative event. The author highlights the juridical facts of the event and juridical facts of the state.

scholarly journals Application of the civil law institution of pre-contractual liability to labor relations

2021 ◽  
pp. 99-116
Author(s):  
Elena Olegovna Belozerova ◽  
Aleksandr Andreevich Zaria
Keyword(s):  
Labor Relations ◽  
Civil Law ◽  
The Other ◽  
Employment Relations ◽  
Bad Faith ◽  
Legal Relation ◽  
Labor Legislation ◽  
Employment Agreement ◽  
The Subject ◽  
The Russian Federation

The subject of this research is the legal relation that arise between the employee and the employer prior to signing employment agreement. Such relation, which suggest interviews, negotiation costs, etc., are not regulated by the Russian legislation. However, the number cases when the party suffers losses due to unfair conduct of negotiation by the other party increases. If the relations before conclusion of employment agreement are viewed from the perspective of labor legislation, there is no mechanism of compensation for damage. The article analyzes the need for inclusion of negotiations to the sphere of regulation of civil legislation and feasibility of application of the norms on pre-contractual liability in case of detection of bad faith. The author explores the foreign practice of implementation of the institution of pre-contractual liability in the sphere of employment. The novelty consists proving the expediency of application of civil law instruments to the relations under consideration. The article describes the procedural peculiarities of application of pre-contractual liability to the relations preceding labor relations. The following conclusions are made: relations that arise prior to signing employment agreement are referred to as civil relations, and do not intersect with employment relations; the job offer represents a formal offer within the framework of the Civil Code of the Russian Federation.

Characterization of defects in tabular silver halide grains

1990 ◽  
Vol 48 (4) ◽  
pp. 1046-1047
Author(s):  
C. Goessens ◽  
D. Schryvers ◽  
J. Van Landuyt ◽  
A. Verbeeck ◽  
R. De Keyzer
Keyword(s):  
Radiation Damage ◽  
Silver Halide ◽  
Chemical Characteristics ◽  
X Ray ◽  
Free Region ◽  
Central Defect ◽  
Crystallographic Defects ◽  
Physical And Chemical ◽  
Two Sides

Silver halide grains (AgX, X=Cl,Br,I) are commonly recognized as important entities in photographic applications. Depending on the preparation specifications one can grow cubic, octahedral, tabular a.o. morphologies, each with its own physical and chemical characteristics. In the present study crystallographic defects introduced by the mixing of 5-20% iodide in a growing AgBr tabular grain are investigated. X-ray diffractometry reveals the existence of a homogeneous Ag(Br1-xIx) region, expected to be formed around the AgBr kernel. In fig. 1 a two-beam BF image, taken at T≈100 K to diminish radiation damage, of a triangular tabular grain is presented, clearly showing defect contrast fringes along four of the six directions; the remaining two sides show similar contrast under relevant diffraction conditions. The width of the central defect free region corresponds with the pure AgBr kernel grown before the mixing with I. The thickness of a given grain lies between 0.15 and 0.3 μm: as indicated in fig. 2 triangular (resp. hexagonal) grains exhibit an uneven (resp. even) number of twin interfaces (i.e., between + and - twin variants) parallel with the (111) surfaces. The thickness of the grains and the existence of the twin variants was confirmed from CTEM images of perpendicular cuts.

The Eleventh Circuit Holds that Agreements in which Pharmaceutical Companies Pay Generic Companies Not to Compete May be Valid

2004 ◽  
Vol 32 (1) ◽  
pp. 181-184
Author(s):  
Amy Garrigues
Keyword(s):  
Pharmaceutical Companies ◽  
Court Decisions ◽  
Patent Holder ◽  
Trial Court ◽  
Court Of Appeals ◽  
The Us ◽  
Antitrust Laws ◽  
Per Se ◽  
Appeals Court ◽  
Two Sides

On September 15, 2003, the US. Court of Appeals for the Eleventh Circuit held that agreements between pharmaceutical and generic companies not to compete are not per se unlawful if these agreements do not expand the existing exclusionary right of a patent. The Valley DrugCo.v.Geneva Pharmaceuticals decision emphasizes that the nature of a patent gives the patent holder exclusive rights, and if an agreement merely confirms that exclusivity, then it is not per se unlawful. With this holding, the appeals court reversed the decision of the trial court, which held that agreements under which competitors are paid to stay out of the market are per se violations of the antitrust laws. An examination of the Valley Drugtrial and appeals court decisions sheds light on the two sides of an emerging legal debate concerning the validity of pay-not-to-compete agreements, and more broadly, on the appropriate balance between the seemingly competing interests of patent and antitrust laws.

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