Control in a preliminary contract: the problem of fixing and implementing the right

2021 ◽  
Author(s):  
М.S. Кrokhina ◽  
Keyword(s):  
Civil Law ◽  
Time Frame ◽  
Regulatory Function ◽  
Economic Activities ◽  
Regulatory Rule ◽  
The One ◽  
The Right ◽  
Operative Measures ◽  
Proper Performance ◽  
Information Property

Control within the framework of the preliminary contract is aimed at preventive identification of possible obstacles to the proper performance of the obligations assumed by the counterparty to the conclusion of the main transaction. Verification provides (inter alia) information certainty of commodity circulation participants, allowing minimizing the risks of non-performance or improper performance of future obligations. It is proposed, applying the law analogy, to provide a regulatory rule giving the party to the preliminary contract an opportunity to refuse to perform the contract in case of establishing (by the results of the control) that the obligation to conclude the main contract will not be performed by the counterparty within the time-frame. It seems that this rule will have a regulatory function, encouraging the parties to the preliminary contract to organize proper control so that, on the one hand, to ensure the proper exchange of information, on the other hand – to prevent unwarranted interference in the economic activities of the counterparty. In this case, the unreasonable refusal of a party to a preliminary contract to provide the counterparty with an opportunity to exercise control (to provide the necessary information, property for inspection) should be regarded as a lack of interest or even intentional obstruction of the preliminary contract purpose achievement. The recognition of such dishonest behavior of a person as evasion from entering into a basic civil-law relation allows us to talk about the possibility of application of operative measures of influence by a competent subject.

scholarly journals Performance of obligations in modern civil law

2020 ◽  
pp. 414-417
Author(s):  
Marharyta Butsan
Keyword(s):  
Necessary Conditions ◽  
Civil Law ◽  
Demand Fulfillment ◽  
Mutual Interest ◽  
Injured Party ◽  
Contractual Obligations ◽  
The Stability ◽  
The Right ◽  
Property Performance ◽  
Proper Performance

The article considers the notion of performance. Treaty obligations were the most common in the civil turnover. Their performance depends to a large extent the stability of the economy and society as a whole. Of particular importance are norms of civil legislation implementing the Treaty obligation. They are used daily in practical activities of legal entities and citizens. The performance of an obligation – it is always a process that takes some period of time and consists of a series of actions of the debtor and the creditor. Debtor proposes the execution, the creditor accepts it. The article studies scientific approaches with respect to conditions of contractual obligations. practice shows that most contracts are careless, do not contain the necessary conditions to realization of the interests of the parties, do not include measures to ensure contractual obligations. During the execution of such contracts often have complications, different interpretations by the parties to the same conditions, and as a result, there has been a massive failure by the parties of their responsibilities, resulting in numerous conflicts. The most important task of modern legal science and practice – the creation of legal mechanisms, allowing most effectively to ensure the proper performance of contractual obligations and to compensate the injured party for the loss caused by their failure or improper performance. Mechanism of performance of the obligation is the mutual interest of the parties. In determining the obligations a list of specific actions that the debtor is obliged to make in favor of the lender, is limited to the indication of the transfer of property, performance of work and payment of money. Undoubtedly, the parties rely on bilateral compliance with the obligations under the contract, but obviously there are cases when under any circumstances one of the parties does not fulfill its obligations. Performance of the obligation should also be understood as certain acts by the debtor (or refraining from doing,) that is the obligation of the debtor. In this regard, it should be noted that the lender has the right to demand fulfillment of the obligation, but the debtor is involved in such actions. Moreover, under proper performance to understand the performance of an obligation by an appropriate person at the appropriate time a particular person under equal circumstances. The real is the performance of specific obligations, which is reflected in the implementation of certain actions.

Issues of legal support of the Housing and Construction Cooperative as a subject of small and medium-sized businesses in Russia

2021 ◽  
Author(s):  
Kirill Pershin
Keyword(s):  
Civil Law ◽  
Regulatory Framework ◽  
Economic Activities ◽  
Government Regulations ◽  
Legal Situation ◽  
Federal Laws ◽  
The Right

Housing and construction cooperative as a subject of small and medium-sized enterprises in accordance with the Constitution of Russia has the right to choose the form of ownership and form of organization of business activities. The legal situation of the housing and construction cooperative is determined by civil law. The financial and economic activities of the housing and construction cooperative in Russia are regulated by such sources of civil law as the Constitution, Codified Acts, Federal Laws, Government Regulations, Acts of Ministries and other Federal Authorities, Contracts with Resource and Supply organizations and the Treaty to ensure the life of the housing and construction cooperative. Such a plethora of civil law sources regulating the activities of the housing and construction cooperative poses a number of problems in practice. The article attempts to organize the regulatory framework of the cooperative.

Nationalism and Jewish Emancipation in Russia: The 1880s

1977 ◽  
Vol 5 (2) ◽  
pp. 167-182 ◽  
Author(s):  
I. Michael Aronson
Keyword(s):  
Nineteenth Century ◽  
Jewish Community ◽  
Educational Opportunities ◽  
The Other ◽  
Religious Practices ◽  
Economic Activities ◽  
Jewish Settlement ◽  
The One ◽  
The Right ◽  
Communal Organization

By the end of the nineteenth century Russian legislation regarding Jews was a congeries of self-contractions and inconsistencies. On the one hand, Jews were hemmed in by numerous restrictions and repressive measures in regard to their residence rights, economic activities, communal organization, educational opportunities, and even religious practices. On the other hand, the limits of discrimination were often ill-defined, being expanded by some laws and contracted by others; in some cases important privileges were granted to various categories of Jews (for example, the right to live outside the Pale of Jewish Settlement) or to the Jewish community as a whole (for example, the right to collect certain taxes). In addition, the enforcement of this hodge-podge of rules and regulations varied from place to place and from time to time.

scholarly journals Civil law regulation of town planning

2020 ◽  
Vol 164 ◽  
pp. 04009
Author(s):  
Elena Voskresenskaya ◽  
Nikolay Zhilskiy ◽  
Nicolay Golovanov ◽  
Natalya Pisareva
Keyword(s):  
Civil Law ◽  
Town Planning ◽  
Intellectual Property Right ◽  
Complex Nature ◽  
Legal Analysis ◽  
Economic Activities ◽  
Economic Role ◽  
The Social ◽  
The Right

The present research article contains the legal analysis of prescription of the procedure and levels of law making in the field of civil and town planning legislation. The authors have explored their nature and origin, which will help fill the gaps in legislation and eliminate the existing conflicts of law. The current town planning legislation is of complex nature, so it cannot be applied without taking into account civil law, which directly influences town planning relations. It is worth mentioning that both town planning and civil law relations depend on the set of other constitutional principles related to the right of ownership, right of undertaking entrepreneurial or other economic activities, intellectual property right, etc. Interrelation and differentiation of regulations of town planning and civil legislation are currently essential. Civil legislation is manifested mainly by the Civil Code of the Russian Federation, which regulates property and some non-property yet associated relations that concern town planning activities. For the last years, the Russian legislation has paid much attention to statutory regulation of town planning relations, passing the way from federal laws to codification. The present paper focuses on the social and economic role of town planning and its place in current times.

scholarly journals Court Judgement as a Jural Fact in Civil Law: Doctrinal Discourse and the Problem of Legal Formulations

2021 ◽  
pp. 240-262
Author(s):  
V. G. Golubtsov ◽  
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Modern Science ◽  
Legal Regulation ◽  
Public Law ◽  
Procedural Law ◽  
The One ◽  
The Right ◽  
Substantive Law ◽  
The Relationship

Introduction: the role of the court judgement that determines civil rights and obligations remains not completely perceived in civil law. In the modern science of civil law, no definite theoretical views on this subject have yet been formed, except for those that were formulated in the period when the science was actively discussing the very fact of referring court judgements to jural facts of civil law. In the article, we address this issue through reviewing, analyzing and generalizing the existing scientific views, with inter-disciplinary aspects also involved. The scope of study includes the disputable issues of the legislative definition of the court judgement seen as the basis for the commencement of civil rights and obligations and also the analysis of methodological positions significant for the research. Purpose: while taking the theory of modificatory claims as what is recognized in the modern doctrine of civil procedural law, to investigate the right-establishing force of the court judgement defined by the legislator as a jural fact of civil law. Methods: the methodological framework of the research is based on the general scientific method of scientific cognition, which reflects the relationship between the doctrine and law enforcement, as well as methods of dialectics, analysis, synthesis, analogy, functional, interdisciplinary, and system approaches. Results: the article proposes a system of concepts with the court judgment in its civil law meaning of a jural fact of substantive law lying at the core. Based on this system, we can state that the relationship between such concepts as the ‘court judgement’ and the ‘jural fact of substantive law’ is to a greater extent speculative. It is not sufficient to explain a court judgement as the basis for the commencement of civil law relations only based on the theory of procedural law, which divides all claims into declarative and constitutive ones. We argue that the concept ‘court judgement’ in its substantive meaning has a dual civil law function: (1) in the meaning of its right-restorative function – as a result of the protection of a violated civil right, and (2) as one of the grounds for the establishment of civil rights and obligations resulting from a private person’s initiative and the court authority. The right of the court to deliver right-establishing judgements that become one of the legal regulation elements within civil law, is an exception to the general civil law rule implying the discretionary method of regulation, according to which the parties determine their rights and obligations by mutual agreement. Following the analysis of the doctrinal views on the concept of the court judgement in its substantive meaning, which many authors consider to be the one not corresponding to its broader procedural meaning, we justify the position that there are no obvious grounds for diagnosticating the alleged contradiction between substantive and procedural legislation in terms of the logical scope of the ‘court judgement’ concept. It is more important to see the real legal meaning of this concept in the civil law reality, which involves a combination of the substantive law significance of a court judgement for establishing civil rights and obligations and the public law essence of this act, which is manifested not in private actions of the interested persons themselves but in unilateral actions of the court as a public law subject. We also formulated some methodological positions that could serve as theoretical guidelines for further research into the problem of the court judgement as one of the jural facts of civil law.

scholarly journals The right to property and the right of trust property (on the way to recodification of the civil legislation of Ukraine)

2021 ◽  
pp. 69-75
Author(s):  
O. M. Soloviov
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Tax Evasion ◽  
Civil Law ◽  
Regulatory Function ◽  
Legal Institution ◽  
Negative Experience ◽  
History Of ◽  
Trust Property ◽  
The Right

The article examines the socio-economic background of the introduction of trust and other trust-like structures in the legislation of Ukraine. As a result of considering the history of the origin of the institution of trust and a systematic analysis of the provisions of domestic civil legislation, reasoned conclusions were formulated on the issues studied. The given short historical retrospective of attempts to introduce trust property and trust-like constructions into the legislation of Ukraine allows to state that they almost always led to "unworthy", negative social, financial and economic results. The question of the purpose of ignoring one's own negative experience of implementing trust-like structures in the domestic civil legislation is reasonable. Isn't it better, remembering the functions of the science of civil law, to draw the right conclusions from this experience and rely on them in their further law-making activities?! The article draws attention to the experience of using the construction of trust and trust property in the Anglo-American legal system (which, unlike ours, is calculated for centuries), and establishes that this legal institution in addition to legitimate purposes (which are charity, preservation of property from waste, formation of pension funds, etc.), is extremely popular as a means of achieving illegal and negative social results (for example, such as tax evasion, abuse of tax rates, concealment of property and income, legalization of property obtained as a result of committing crime, concealment of illegal funding of political parties and their leaders, etc.). It is obvious that the blind borrowing of someone else for the domestic legal system and the archaic institution of trust property will lead to the penetration into our legal reality of all its inherent shortcomings. Law is a regulator of social relations (and economic in particular). In this case, public relations are primary, and law - secondary. Only those civil law institutions properly perform the regulatory function that determines their existence, which are in demand throughout the history of economic relations and necessary for society as a prerequisite for its normal existence and development. If social relations have not developed, then is there a need to create "artificial" legal institutions or to borrow legal structures generated in the bosom of other legal systems to regulate relations that have developed in the age of feudalism?! These circumstances must be taken into account in any attempts to improve the acts of civil law, and in recodification, including. The question of the sufficiency (or insufficiency) of the socio-economic base for the introduction of the institution of trust in Ukraine should be categorized as rhetorical. Trust construction is just a legal tool. And the result of its application will depend on the quality of regulatory "material" proposed by the legislator (and he, in turn, representatives of the doctrine of civil law), on establishing the place of this legal institution in the civil law system, and creating legal barriers that minimize it use to achieve a socially negative effect.

Models, Plan and Control of Digitalizing Processes in the National Economy

2020 ◽  
pp. 102-113
Author(s):  
Ivan N. Drogobyckij
Keyword(s):  
Methodological Approach ◽  
Just In Time ◽  
Solid Base ◽  
Control Points ◽  
Economic Activities ◽  
Text Data ◽  
Target Program ◽  
The One ◽  
The Right ◽  
And Control

Solid state expenses directed to national projects and state target programs demand adequate instruments of planning, accounting and controlling budget resources. Their aim is to increase guarantees of reaching the expected results. Unfortunately, national statistical authorities had refused from total statistical accounting of economic activities, and because of that, they aren’t able to find the correct decisions of the formulated tasks. It is necessary to make some additional efforts in this problem field, which may – on the one side – lead every project or program to visible application, and on the other hand they should provide productivity of using the state resources. Using the example of target program named «Digital economy in Russian Federation» we offer the original methodological approach to solving this problem. It is based on well-known methods of net planning and management. Transformation of text data of a project or a program to net model is rather simple. As well as simple is the further feeding this model with the information about resources, terms, executors, control points and project’s artifacts (these are real demonstrations of this project’s results). This simplicity provides solid base for the right monitoring job process and just-in-time creating regulated managerial acts. Accumulating these functions in total monitoring center would allow creating general methodology of managing the national projects. It also allows to provide just-in-time delivery of actual information to controlling and inspecting authorities. This information is provided with current and perspective development of the projects.

scholarly journals Methods And Forms of Teaching of the Right To Information by Shareholders in the Digital Economy

2019 ◽  
Vol 8 (7) ◽  
pp. 138
Author(s):  
Aleksey I. Ovchinnikov ◽  
Yana B. Getman ◽  
Irina V. Kolesnik ◽  
Veronika V. Kolesnik ◽  
Natalia A. Boyko
Keyword(s):  
Civil Law ◽  
Corporate Law ◽  
Private Law ◽  
Economic Activities ◽  
Scientific Publications ◽  
Legal Rules ◽  
Judicial Practice ◽  
Negative Role ◽  
Right To Information ◽  
The Right

Joint stock issues, i.e. legal rules governing relations within commercial corporations, attract special attention of researchers of private law, corporate law in particular. A large number of internal corporate contradictions plays a negative role in the economic and economic activities of joint-stock companies. This fact affects the growth in the number of scientific publications on the issues of shareholder relations between their participants in terms of compliance with the civil law prohibition of Teaching of the right. It also has an impact on judicial practice: more and more often, the courts use the term “Teaching of law” to analyze existing conflicts in corporate law.

scholarly journals Apartment ownership in a Condominium under Georgian Law

2020 ◽  
Vol 10 (2) ◽  
pp. 28-41
Author(s):  
Tamar Zarandia ◽  
Tamar Tatanashvili
Keyword(s):  
Common Property ◽  
Civil Law ◽  
The Other ◽  
Property Law ◽  
Ancient History ◽  
History Of ◽  
The One ◽  
The Right ◽  
Individual Ownership ◽  
Apartment Ownership

Abstract The ancient history of the concept of condominium and the particular attitude towards the right of ownership of an apartment has attracted worldwide recognition for this type of property. The concept of condominium is based on three components: (1) individual ownership of an apartment; (2) joint possession of common property of a plot of land and parts of a building; and (3) membership in an owners’ association. An apartment in a condominium is an exception to the principle of superficies solo cedit in property law. In this case, the rights of ownership of owners of apartments in a condominium—the rights of ownership of a number of persons—are accumulated with regard to a plot of land. This article analyses, on the one hand, the peculiarities of apartment ownership in condominiums, Georgian legislation—which is the result of the reception of German civil law, and, on the other hand, the court practice developed on these issues in Georgian law.

scholarly journals Eksistensi Hukum Islam dan Prospeknya di Indonesia

2018 ◽  
Vol 5 (1) ◽  
pp. 97-122
Author(s):  
A. Malthuf Siroj
Keyword(s):  
Islamic Law ◽  
Legal Theory ◽  
Civil Law ◽  
Political Support ◽  
New Order ◽  
Muslim Country ◽  
Reform Era ◽  
Colonial Era ◽  
The One ◽  
The Right

Indonesia as one of the most populated-by-Muslim country has a long historical experience in implementing Islamic law. In each era, the practice of Islamic law differs one another due to the legal politics which influence it. Prior to the Dutch colonialism, Islamic law was prevalent among Muslims with political support from the royal kingdom of Islam such as in Aceh, Palembang, Banjarmasin, Banten, Demak, Jepara, Tuban, Gersik, Ampel and Mataram. Islamic law grew and developed in the midst of society beside adat law. In the Dutch colonial era the policy of the colonial government against Islamic law had its ups and downs in line with the legal theory that emerged at the time. On the one hand, it tends to be accommodative, while confrontational on the other hand. In the era of independence the position of Islamic law became stronger with the enactment of the 1945 Constitution which guaranteed the right of every citizen to embrace religion and practise religious law. In the New Order era, several laws have been enacted, which strengthened the position of Islamic law, especially the Islamic civil law. This tends to develop in the Reform era, marked by strengthening Muslim aspirations and regional autonomy. Consequently, the Islamic law is increasingly practised, though still limited in the field of civil law and Islamic economics. The enforcement of Islamic criminal law in Indonesia still encounter many obstacles both conceptually and legally. This article will examine the existence and the prospect of Islamic law in Indonesia by observing its strengths, weaknesses, opportunities and challenges.

Sign in / Sign up

Export Citation Format

Share Document