scholarly journals ZARZĄD WSPÓLNOTĄ GRUNTOWĄ

2017 ◽  
Vol 8 (1) ◽  
pp. 151
Author(s):  
Grzegorz Jędrejek
Keyword(s):  
Civil Code ◽  
Property Right ◽  
Xixth Century ◽  
The Subject

The Management of a Joint Land PropertySummaryThe article is devoted to the concept of a joint land property, the origins of which go back to the enfranchisement performed on the Polish territory in the XIXth century, which consisted in granting the property right to the hitherto users. The problem of pieces of land which were used commonly by the village’s inhabitants was solved in this manner that some parts of it were the subject of a real easement and other parts were left in the inhabitants’ hands establishing so called a joint land property. The article presents the problems connected with the management of the joint land property. The postulates de lege ferenda have been also formulated. The author suggests the elimination of the partnerships, the establishment of which is obligatory, aimed at managing the joint land properties. In his opinion respective provisions of the Civil Code related to co-ownership should apply thereto.

PAST AND PRESENT OF THE ULTRA-VIRES PRINCIPLE IN TURKISH COMPANIES LAW

2021 ◽  
Vol 6 (15) ◽  
pp. 520-540
Author(s):  
Gökhan GÜNCAN
Keyword(s):  
Civil Code ◽  
Legal Capacity ◽  
Legal Personality ◽  
Commercial Code ◽  
Starting Point ◽  
Conscious Choice ◽  
Turkish Commercial Code ◽  
The Subject

Abolished Commercial Code No. 6762 art. 137 limited the entitlement of commercial companies to the “subject of activity” included in the company's articles of association. Transactions exceeding the scope of operation written in the company's articles of association were deemed to be ultra vires transactions and were deemed null and void. Since the transactions that were deemed null and void were not available in the legal world, it was not possible to make them valid again. Because, a legal transaction that does not exist is invalid from the very beginning; even if the interests of all parties require it, it is not possible to validate the transaction with approval or authorization. Therefore, since transactions outside the scope of business of commercial companies were also considered null and void, there was no approval or ratification procedure that could make them valid. The only way to carry out the aforementioned transaction in a valid manner was to change the articles of association, regulate the company's field of activity to include the aforementioned transaction, and re-do the transaction from the beginning. In the Turkish Commercial Code no. 6102 art. 125 provision emphasized that commercial companies have legal personality, as in article 137 of the abolished Commercial Code no. 6762. However, unlike the abolished one, by eliminating the ultra vires principle, which is a limit to the competence of commercial companies. It has been widely accepted in the meaning of Turkish Civil Code art. 48. This issue was also included in the Turkish Commercial Code no:6102 art. 125 justification, and it was stated that the ultravires principle was abolished. Therefore, it is understood that the ultravires principle was abandoned as a result of the conscious choice of the Lawgiver. The subject of business is no longer a limiting element of the legal capacity of commercial companies. Despite this, the subject of business still maintains its importance for trading companies. Turkish Commercial Code no:6102 art. 213, which regulates the mandatory elements of the articles of association of commercial companies, in the provisions of 339 and 5 76, the subject of activity continues to maintain its place as a mandatory element that should be included in the articles of association. In the aforementioned provisions, among the mandatory elements to be included in the articles of association, as a common expression in the aforementioned company types, the phrase "business subject in a specified and defined manner" is used. The subject of operation is also in the Turkish Commercial Code no. 6102 art. 233 and in the provisions of art. 371, it remains as a factor limiting the representation authority of those authorized to represent the company. When these provisions are evaluated, it is understood that although the ultra vires principle has been abandoned in terms of the competence of commercial companies, the principle continues to be preserved in terms of representation. In the study, the provisions of abolished Commercial Code no:6762 art. 137, which limits the license of commercial companies to the subject of activity and art. 128, which defines the license in the broadest sense, were determined as the starting point, and the provisions regulating the authority of representation of commercial companies were examined. Thus, the effects of the ultra vires principle on the competence and representation of commercial companies have been comparatively examined within the framework of the abolished Commercial Code No. 6762 and the current Turkish Commercial Code No. 6102.

scholarly journals Adama Stanisława Krasińskiego zapomniany Słownik synonimów polskich i jego poprzednicy

2015 ◽  
Vol 47 ◽  
pp. 39-67
Author(s):  
Lucyna Agnieszka Jankowiak ◽  
Elżbieta Kędelska
Keyword(s):  
Subject Matter ◽  
Phrasal Verbs ◽  
Xvith Century ◽  
Xixth Century ◽  
Polish Language ◽  
The Subject ◽  
Gradus Ad Parnassum ◽  
National Languages

On Adam Stanisław Krasiński’s forgotten Słownik synonimów polskich and its predecessorsThe paper consists of two parts. The first one covers characteristics of dictionaries (dated from XVIth to XIXth century), groups of synonyms regarding mainly the Latin (e.g. Gradus ad Parnassum), which also include equivalents of national languages (especially the Calagius three-language dictionary was examined and Czech-Latin dictionaries of synonyms dated XVIth century). The second part of the paper is a discussion over methodology of the first Slavic dictionary of synonyms (Słownik synonimów polskich [Dictionary of Polish Synonyms]) by A. S. Krasiński. Not-elaborated in details so far (in the subject-matter literature) the dictionary combines a few types of dictionaries (apart from the dictionary of synonyms): general dictionary of Polish language, dictionary of phrasal verbs, language correctness dictionary, book of quotations and proverbs and translational dictionary.

scholarly journals Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 441
Author(s):  
Indah Esti Cahyani ◽  
Aryani Witasari
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Freedom Of Contract ◽  
Related Statement ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.

scholarly journals Czy przebaczenie niweczy skutki uprzedniego wydziedziczenia?

2017 ◽  
Vol 21 ◽  
pp. 143-153
Author(s):  
Anna Moskal
Keyword(s):  
Supreme Court ◽  
Civil Law ◽  
Civil Code ◽  
Inheritance Law ◽  
Dominant Position ◽  
Legal Nature ◽  
The Supreme Court ◽  
Lower Courts ◽  
The Subject ◽  
Made In

Does forgiveness nullify the effects of previous disinheritance? The legal nature of forgiveness is the subject of passionate debates among the representatives of civil law doctrine. According to the dominant position in the literature, forgiveness is an act of affection or its manifested expression of forgiveness of the perpetrator of experienced injustice and related to this grudge. This institution has been applied three times in the Civil Code — once with the donation agreement, twice in regulations of inheritance law. Article 1010 § 1 provides that a testator cannot disinherit eligible for legal portion if he forgave him. The wording of the above article indicates that accomplishment of disinheritance in case if testator eligible for legal portion has previously forgiven. The legislator did not, however, determine the effects of forgiveness in relation to previous disinheritance. In the act of 1971, the Supreme Court accepted that such forgiveness would automatically nullify the effects of disinheritance, and could be made in any form. In recent years, lower courts have begun to question the Supreme Court's position, and judges increasingly refer to the critical statements of numerous doctrines. As it was rightly stated, admitting the possibility of invoking the forgiveness made after disinheritance poses a serious threat to the realization of the testator’s will, who, by forgiving, does not necessarily want to revoke the effects of his previous disinheritance. The postulate of de lege ferenda is, according to the author of the article, giving of freedom of judging the effects of forgiveness to the courts and each examination of the forgiving testator’s will on the possible abatement of the consequences of previous disinheritance.]]>

scholarly journals Features of Legal Regulation of the Circulation Order of Gift Certificates

2019 ◽  
pp. 72-80
Author(s):  
Avak Vartanian
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Advance Payment ◽  
Foreign Countries ◽  
The Gift ◽  
The Usa ◽  
The Subject ◽  
The Republic ◽  
Gift Certificate

The article analyzes the novels of the legislation of the Republic of Belarus concerning the procedure for using gift certificates when selling goods (performance of works, rendering services). It has been done a comparative analysis of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus, Ukraine and some foreign countries (Canada, the USA). The author raises some problems concerning the use of a gift certificate in civil circulation. It is pointed out that there is uncertainty both in the theory of civil law and at the level of legislative regulation regarding the civil law nature of a gift certificate. It is noted that the analysis of the legislation in force in the Republic of Belarus allows us to define a gift certificate as a document certifying the property right (requirement) of its holder (bearer) to receive goods (works, services), and the amount of money contributed when purchasing a gift certificate, as advance payment (advance payment). At the same time, such an approach of the legislator is criticized due to the fact that there is a clear contradiction to the requirements of Art. 402 of the Civil Code of the Republic of Belarus, from the content of which it follows that the advance payment presupposes the existence of a contract in which the subject has been agreed, which is not typical of most gift certificates, due to the fact that they do not contain an indication of the subject of the contract. Having done the analysis of the civil legislation of Ukraine, the author makes a conclusion that there is application of the rules on a purchase agreement to gift certificates, the subject of which may be property rights in accordance with the Civil Code of Ukraine. The conclusion is made about the imperfection of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus and Ukraine, as well as about the complex legal nature of the gift certificate, regarding which legal regulation should be more universal, defining a gift certificate as an independent object of civil legal relationship.

Intersectional relations between executive law and civil law of Ukraine

2021 ◽  
pp. 169-175
Author(s):  
N. Sergiienko
Keyword(s):  
Legal Status ◽  
Mutual Influence ◽  
Civil Law ◽  
Scientific Research ◽  
Civil Code ◽  
Scientific Article ◽  
Executive Process ◽  
The Subject ◽  
Definition Of

The scientific article is devoted to analyze the intersectional relations between executive law of Ukraine and civil law of Ukraine. The classification of forms of intersectional relations, offered by M.Yu Chelyshev, was taken as the ground of theoretical and methodological base of scientific research the intersectional relations between executive law of Ukraine and civil law of Ukraine. Even though this scientist-lawyer researched the intersectional relations of civil law, grounding on the subject of his scientific researches, his classification is stated as universal and grounded enough and can be used for different legal researches. In the scientific article the intersectional relations between executive law of and civil law of Ukraine are discovered though direction as follows: 1) intersectional interaction between executive law of Ukraine and civil law of Ukraine (it represents by using in executive law definitions and constructions of civil law. As an example of definitions and constructions of civil law, that are used in executive law, can be stated the definition of agreement); 2) intersectional influence between executive law and civil law (it represents by mutual influence of compositions of executive law and civil law, especially norms and institutions. The bright example of that mutual influence is the legal status of some kinds of property on the context of forfeiture the property – some kinds of property are out of forfeiture in the executive process, despite that property are out of turnover restrictions); 4) intersectional legal and collision regulation (it represents by direct and indirect mutual renvois between civil legislation and executive legislation. As an example can be used the direct renvoi to art. 28 of The Civil Code of Ukraine from subpar. 5 par. 2 sec. III of The Instruction of Compulsory Execution Organization, approved by The Ministry of Justice of Ukraine from 02.04.2012 under № 512/5).

FUNDAMENTALS OF THE THEORY OF PRE-CONTRACTUAL LIABILITY

2021 ◽  
pp. 148-161
Author(s):  
Alesya V. Demkina ◽  
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Negotiation Process ◽  
Point Of View ◽  
Good Faith ◽  
The Other ◽  
Legitimate Interests ◽  
The Subject ◽  
The Russian Federation ◽  
Special Rules

The article deals with the relatively new rules of Art. 434.1 the Civil Code of the Russian Federation on the conduct of negotiations. Taking into account the current wording of the said rule and the experience of foreign legislation on pre-contractual liability, the article argues for different theories justifying the nature of pre-contractual legal relations and liability and gives different positions of the authors on this issue. Proceeding from the doctrinal concept of obligation and characteristics of pre-contractual relations themselves the conclusion is made that these relations, firstly, are regulated by law and, secondly, they are not simply a legal relation but an obligation. It is based on certain actions of the negotiating partners that give rise to such an obliga-tion. As such, any action that is sufficiently certain (in some cases it may be required by law) and expresses the intention of the person to regard himself as negotiating with the addressee, who will in return perform the same sufficiently certain action, can be regarded as such. The specified characteristics of an action allow us to conclude that, from the point of view of classification of legal facts, this action is an act (because it is performed with a certain in-tention evident to other participants of civil turnover) and, moreover, it is also a transaction. Special rules of the Civil Code of the Russian Federation stipulate that the actions performed to enter into negotiations (for example, if the conclusion of a contract is binding on one party) or the actions of both partners entail legal consequences - the obligation to negotiate in good faith. The analysis of these legal relationships identifies three stages in their development, charac-terises them and attempts to answer more precisely the question of who can be a participant in the negotiation process depending on the stage of the negotiation process. The subject matter of an obligation arising during pre-contractual contacts will be actions aimed at negotiating and concluding a contract. The content of the obligation arising in the course of pre-contractual contacts, based on Art. 434.1 of the Civil Code will be the obligation to negotiate in good faith (paragraph 2 of the above rule). Assuming that the legislator provides an indicative list of actions that should fall within the scope of bad faith conduct, an indicative list of the "standard" of good faith conduct at the negotiation stage is given. This includes the obligation to provide full and truthful information to a party, including the reporting of circumstances that, due to the nature of the contract, must be brought to the attention of the other party (e.g. in a sale, all encumbrances on the subject of the contract must be reported). In addition, persons are obliged to negotiate only if they intend to conclude a contract, not to terminate negotiations suddenly and unjustifiably, and to take into account the rights and legitimate interests of the other party to the negotiation. The obligation under this obligation may also include a requirement not to disclose infor-mation obtained during the negotiation of the contract.

scholarly journals Investigating the Juristic basis of State and Provincial Commands in the Civil Lawof Islamic Republic of Iran

2015 ◽  
Vol 6 (2) ◽  
Author(s):  
Ardeshir Fathalian ◽  
Dr. Rajab Akbarzadeh ◽  
Dr. Ahmad Hosein Falahi
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Islamic Republic ◽  
Islamic Republic Of Iran ◽  
The Subject ◽  
Supreme Leader

<p>Governmental commands are commands which the ruler of the society prescribes according to the predicted legal terms and the general well beings of the Muslims to protect the safety of the society and resolve the deadlocks. Guardian jurist's (Vilayat-e Faghih's) and supreme ruler's range of authorizations are complete and full so that Imam Khomeini announced that guardianship should include all issues for which the prophet of Islam and Shia Imams have a responsibility towards it. This study made an attempt to investigate the juristic principles of governmental commands in civil code of the Islamic Republic of Iran.The basis and evidence of the subject were referred to from Quran, narrations, Islamic jurists' and scholar's opinions and the intuition viewpoint. In the civil law of the Islamic Republic of Iran, there are some clauses like 56, 77, 79, 81, 171, 1029, and 1130 which are representative of the influence of governmental command by the supreme leader.</p>

scholarly journals Substitution of debtor in obligatory legal relationships

1970 ◽  
pp. 188-195
Author(s):  
Ievgen Riabokon
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Basic Factor ◽  
Wide Area ◽  
Legal Entity ◽  
Critical Attitude ◽  
Judicial Practice ◽  
The Subject ◽  
Mutual Obligation ◽  
Property Complex

The author pays attention to the issues of the dynamics of obligatory relationships, providing the possibility of their participants’ substitutions. It is noted that the content of the current civil legislation of Ukraine creates grounds for identifying the notions of “substitution of the debtor in the obligation” and “transfer of debt”, which is unacceptable. The author draws a distinction between these notions, alleges that the transfer of debt is only one of the reasons for the substitution of the debtor in the obligation.        Due to the fact that a basic factor that resulted a perception of the synonymy of the notions “replacement of debtor” and “translation of debt” is an imperfect formulation of Art. 520 of Civil Code of Ukraine, in a perspective legislation it is necessary substantially to extend the grounds of replacement of debtor in an obligation.        It is expedient to define in text of this norm, which one legal facts, that entail legal succession, also result in replacement of debtor in an obligation. These facts may include: inheritance, reorganization of legal entity by confluence, joining, division and transformation, allotment that is not the type of reorganization by the law, agreement on transfer of debt.      The grounds for replacing the debtor (in part of transferring debts) should be considered a transfer of contract providing for the transfer of rights and obligations in a mutual obligation; acquisition of rights of the enterprise as a single property complex, which may include debts under part 2 of Art. 191 Civil Code of Ukraine; changing the owner of the thing that is the subject of the contract, as a result of which the acquirer becomes the assignee of the party both in terms of rights and duties (part 4 of article 358, part 1 of article 770 of the Civil Code of Ukraine); other grounds defining features of the succession of obligations.          A critical attitude was expressed regarding the expediency of introducing into civil law such a ground for replacing a debtor as accepting a debt. It is argued that acceptance of a debt can be understood as an extremely wide area of different legal relationships, that could be associated with substituting the previous debtor with a new one and causing succession, or aiming at changes in the subjects, not connected with the substituting of the debtor and not causing the emergence of the succession. Attention is paid to the peculiarities of judicial practice in the field of application of the legislation on the substitution of a debtor in obligations.

scholarly journals Odpowiedzialność zakładu ubezpieczeń za szkody wyrządzone przez agenta ubezpieczeniowego

2017 ◽  
Vol 21 ◽  
pp. 13-30
Author(s):  
Amanda Adamska ◽  
Anna Maria Barańska
Keyword(s):  
Supreme Court ◽  
Civil Code ◽  
Insurance Company ◽  
The Supreme Court ◽  
Insurance Agent ◽  
Insurance Intermediation ◽  
The Subject ◽  
Injured Party ◽  
The Difference ◽  
Definition Of

The responsibility of an insurance company for damages caused by an insurance agent The subject of this article is the responsibility of an insurance company for damages caused by an insurance agent in connection with the performance of agency activities. The Act on Insurance Intermediation of 22 May 2003 lays down a liability regime based on the principle of risk. It also contains the definition of an insurance agent and performed agency activities. In the next part of the article there is analysed the jurisprudence of the Supreme Court concerning the interpretation of article 11 1 of the abovementioned Act. It discusses an attempt at defining the difference between activities performed “in connection with” and “at the occasion of” other activities. Finally there is analysed an issue of the contribution of the injured party to the occurrence of the damage in this type of cases article 362 of the Civil Code.

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