Акцессорность Обеспечительных Обязательств: Европейская Правовая Традиция и Российская Практика. Часть 2 (The Accessoriness of the Secuity Rights: A European Tradition and Russian Legal Practice: Part 2)

2012 ◽  
Author(s):  
Roman Bevzenko
2010 ◽  
Vol 89 (2) ◽  
pp. 136-152 ◽  
Author(s):  
Edda Frankot

This article examines maritime law and its use in legal practice in late medieval Aberdeen. It is argued that, although several copies of a Scottish translation of the ‘Rôles d'Oléron’, a French sea law, were available in Scotland, written law collections were rarely used in court proceedings. Rather, judgments were ‘concluded’ or ‘found’ based on common sense. Some of these judgments did, nonetheless, correspond to regulations laid down in the ‘Rôles d'Oléron’, or to verdicts from legal practice recorded elsewhere in northern Europe. Although no common tradition of maritime law and practice existed in northern Europe, Aberdeen practice appears to have been significantly different from that of other northern European towns, suggesting that Aberdeen may have been part of a separate north-western European tradition instead.


2017 ◽  
Vol 6 (2) ◽  
pp. 312
Author(s):  
Shkumbin Asllani

In today’s international taxation most of the developing countries enter into tax treaties which are drafted in line with the OECD MC to eliminate double taxation. Yet, is well-known fact that tax treaties in practice are abused by tax payers, therefore, majority of states have introduce legislation specifically designed to prevent tax avoidance and protect their domestic interests. In legal practice and literature the act of overriding international tax treaties and denying treaty benefits in favour of domestic law provisions threatens main principle of international law and therefore is questionable to what extend the relationship between domestic law and international tax treaty agreements bridges the international norms.


2018 ◽  
Vol 2 (2) ◽  
pp. 99-104
Author(s):  
Insa Koch

Does anthropology matter to law? At first sight, this question might seem redundant: of course, anthropology matters to law, and it does so a great deal. Anthropologists have made important contributions to legal debates. Legal anthropology is a thriving sub-discipline, encompassing an ever-increasing range of topics, from long-standing concerns with customary law and legal culture to areas that have historically been left to lawyers, including corporate law and financial regulation. Anthropology’s relevance to law is also reflected in the world of legal practice. Some anthropologists act as cultural experts in, while others have challenged the workings of, particular legal regimes, including with respect to immigration law and social welfare.


2016 ◽  
Vol 167 (2) ◽  
pp. 82-89
Author(s):  
Michael Bütler

Responsibility for forest-linked dangers: examples from legal practice According to the Forest Policy 2020 of the Federal Council the share of old and dead wood should increase in Swiss forests. On the one hand, this is connected to positive ecological effects but on the other, to dangers, responsibilities and liability risks. Recent court and administrative decisions relating to accidents due to typical forest hazards such as falling trees and branches illustrate the legal situation for forest owners and enterprises as well as for forestry professionals. In the wooded environment near buildings and equipment there are obligations for the safety of traffic and passers-by. However, these obligations are limited by the reasonableness of protective measures and the personal responsibility of forest users. In this paper, the liability issue is illustrated by three legal case studies. The cases are assessed by the author, and the essential legal basis for liability is briefly summarized.


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