Das Problem der Spezifikation des Allgemeinen Prinzips des Rechts in Kants Rechtslehre - demonstriert am Beispiel des Eigentums an ffentlichen GGtern und der Vertragsfreiheit (The Problem of the Specification of the General Principle of Law in Kant's Theory of Law - Demonstrated for the Ownership of Public Goods and the Freedom of Contract)

2014 ◽  
Author(s):  
Verena Klappstein
Author(s):  
Vogenauer Stefan

This commentary focuses on Article 1.1, which deals with freedom of contract, the most important fundamental principle of contract law for contracts governed by the UNIDROIT Principles of International Commercial Contracts (PICC). Art 1.1 restates a general principle of law in the technical sense; that is, a principle common to the laws of all — or at least most — jurisdictions in the world. All modern contract laws recognize freedom of contract, albeit for different reasons and to varying degrees. Art 1.1 covers two aspects of contractual freedom: the first is the freedom to decide whether to conclude a contract at all, and with whom; the second is the freedom to contract on the terms desired by the parties. Limitations of the freedom to determine the content of the contract follow from mandatory rules of the PICC.


TERAJU ◽  
2020 ◽  
Vol 1 (02) ◽  
pp. 89-104
Author(s):  
Sudanto Sudanto

Abstrak Asas umum dalam hukum kontrak syariah yaitu asas الأَصْلُ فِيْ الأَشْيَاْءِ الإِبَاْحَةُ yang menyatakan bahwa segala sesuatu itu hukumnya boleh, kecuali ada dalil yang melarangnya. Selain itu, terdapat pula beberapa asas penting, yang satu dengan lainnya saling berkaitan, yaitu: asas konsensualisme, asas kekuatan mengikatnya kontrak dan asas kebebasan berkontrak. Implikasi dari asas-asas tersebut jika tidak dibatasi dengan ketentuan maupun perundangan-undangan akan mengakibatkan hilangnya ruh dari hukum kontrak syariah. Sehingga tulisan ini mencoba memaparkan pelarangan riba dan bunga dalam sistem hukum kontrak syariah sebagai bentuk upaya menjaga agar tidak kehilangan ruhnya.   Kata Kunci:  Riba, Bunga, Hukum Kontrak Syariah. Abstrac The general principle in sharia contract law is the principle of الأَصْلُ فِيْ الأَشْيَاْءِ الإِبَاْحَةُ which states that everything is legal, unless there is an argument that prohibits it. In addition, there are also several important principles, which are interrelated to one another, namely: the principle of consensualism, the principle of the strength of contract binding and the principle of freedom of contract. The implications of these principles if not limited to the provisions or laws and regulations will result in the loss of the spirit of sharia contract law. So this paper tries to explain the prohibition of usury and interest in the legal system of sharia contracts as a form of efforts to keep it from losing its spirit.   Keywords: Usury, Interest, legal of sharia contracts.


2020 ◽  
Vol 17 (1) ◽  
pp. 100-107
Author(s):  
Alina Alimgafarova

Introduction. One of the most important trends in the development of law of obligations in the modern period is the expansion of the scope of self-regulation of contractual relations, the establishment of the presumption of the dispositiveness of civil law, the expansion of the principle of freedom of contract, which in turn has created the need for scientific research on the concept of civil law contractual regulation. Purpose. The purpose of this study is to identify the true nature of civil contractual regulation and to develop their own definition of the above term. Methodology. In carrying out this study, various general scientific and special methods of cognition were used. At the same time, the dialectic method, the system analysis method and the teleological approach became the key ones. Results. As a result of a consistent and systematic analysis of legal categories directly related to the study, we developed our own definition: civil legal contractual regulation is a type of civil legal regulation carried out by subjects of civil law through civil contracts concluded between them, and including both the rules of law included by the parties in the content of the contract, and the individual rules created by the parties (micronorms). Conclusion. The concept of civil legal contractual regulation has scientific and practical value, because it allows you to study the regulatory properties of the contract at the system-categorical level, to reveal the contract from the dynamic side as an effective means by which the parties themselves legally regulate property and other relations between themselves. The concept of «civil legal contractual regulation» developed in this study can be used to further develop the instrumental theory of law, and, in particular, for the subsequent study of the regulatory essence of the contract.


2021 ◽  
Author(s):  
Jintong Liu ◽  
Jing Huang ◽  
Lei Zhang ◽  
Jianping Lei

We review the general principle of the design and functional modulation of nanoscaled MOF heterostructures, and biomedical applications in enhanced therapy.


2019 ◽  
Vol 62 (5) ◽  
pp. 1243-1257 ◽  
Author(s):  
Peggy Pik Ki Mok ◽  
Holly Sze Ho Fung ◽  
Vivian Guo Li

Purpose Previous studies showed early production precedes late perception in Cantonese tone acquisition, contrary to the general principle that perception precedes production in child language. How tone production and perception are linked in 1st language acquisition remains largely unknown. Our study revisited the acquisition of tone in Cantonese-speaking children, exploring the possible link between production and perception in 1st language acquisition. Method One hundred eleven Cantonese-speaking children aged between 2;0 and 6;0 (years;months) and 10 adolescent reference speakers participated in tone production and perception experiments. Production materials with 30 monosyllabic words were transcribed in filtered and unfiltered conditions by 2 native judges. Perception accuracy was based on a 2-alternative forced-choice task with pictures covering all possible tone pair contrasts. Results Children's accuracy of production and perception of all the 6 Cantonese tones was still not adultlike by age 6;0. Both production and perception accuracies matured with age. A weak positive link was found between the 2 accuracies. Mother's native language contributed to children's production accuracy. Conclusions Our findings show that production and perception abilities are associated in tone acquisition. Further study is needed to explore factors affecting production accuracy in children. Supplemental Material https://doi.org/10.23641/asha.7960826


2004 ◽  
Author(s):  
Craig Parks ◽  
Blythe Duell ◽  
Larry Sanna
Keyword(s):  

Author(s):  
Agnar Sandmo
Keyword(s):  

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