scholarly journals BASIC CONDITIONS AND STAGES OF RAISING CONDITIONAL OBLIGATIONS IN RUSSIAN CIVIL LEGISIATION

2020 ◽  
Vol 36 (4) ◽  
pp. 100-105
Author(s):  
L.S. Shestakova ◽  
Keyword(s):  
19Th Century ◽  
Civil Law ◽  
Civil Code ◽  
Court Decisions ◽  
Modern Period ◽  
Compensation For Damage ◽  
Unjustified Enrichment ◽  
The 19Th Century

The article considers the process of formation of the institute of conditioning in Russian legislation since the 19th century. Certain aspects of making court decisions on compensation for damage due to unjustified enrichment in pre-revolutionary Russia are covered. The author analyzed the legislation of Russia in the prerevolutionary periods, the Soviet and modern period in the field of conditioning obligations, which made it possible to form the main concepts, signs, factors and conditions for their emergence. Before the introduction of a separate chapter in the Civil Code of the RSFSR of 1922, devoted to obligations arising from unjustified enrichment, this issue was not regulated by law, court decisions were made on the basis of law governing similar legal relations. In the development of civil law, the question arose of distinguishing conditional obligations from related civil law institutions. For this purpose, the grounds and conditions for the emergence of obligations due to unreasonable enrichment were determined.

scholarly journals A Step Towards Equality? The Admission of Women to Guardianship in the Austrian Civil Law in 1914

2021 ◽  
Vol 1 (2/2020) ◽  
pp. 141-170
Author(s):  
Sarah Stutzenstein
Keyword(s):  
19Th Century ◽  
Women's Movement ◽  
Civil Law ◽  
Female Gender ◽  
Civil Code ◽  
Legal Reforms ◽  
Minor Children ◽  
A Minor ◽  
The 19Th Century ◽  
Bürgerliches Gesetzbuch

According to the Austrian Civil Code (Allgemeines Bürgerliches Gesetzbuch = ABGB) from 1811, there were almost no possibilities for a woman to obtain guardianship of a child. Instead, the married father possessed paternal authority (patria potestas), which included the sole guardianship of his legitimate children. If the father was unable to exercise paternal authority, the courts had to appoint a guardian for his minor children. Based on the assumption that the female gender lacked the necessary abilities, women were generally excluded from guardianship. Only at the end of the 19th century did the women’s movement start to mobilize against the frequent exclusion of women from the guardianship of their own children. Moreover, the drastic neglection of the young made legal reforms ever more urgent. The legal possibilities open to women for taking over guardianship of a minor were first extended with the legislative amendment to the ABGB in 1914 (1. Teilnovelle 1914). This paper will focus on the causes for the extension of legal possibilities of women concerning guardianship due to the first legislative amendment.

The rise of the comparative approach in Russian legal scholarship as a factor in the modernisation of civil legislation, from the Svod Zakonov of 1833 to the Draft Civil Code of 1905

2019 ◽  
Vol 87 (4) ◽  
pp. 629-650
Author(s):  
Dmitry Poldnikov
Keyword(s):  
19Th Century ◽  
Civil Law ◽  
Civil Code ◽  
Comparative Approach ◽  
Legal Scholarship ◽  
Positive Law ◽  
The 19Th Century

SummaryIn the second half of the 19th century Russian positive law underwent a rapid and profound reform. It is best illustrated by the legislation in the domain of civil law, as one compares the pre-reformed casuistic and inconsistent Svod Zakonov (Digest of Laws) of 1833 and the ‘westernised’ Draft Civil Code of 1905. This transition was largely facilitated by the emergence of a fully-fledged comparative legislation in Russia.

scholarly journals INCLUSION OF GEORGIA INTO THE RUSSIAN EMPIRE AND PRESERVATION OF LOCAL LEGISLATION

ASJ. ◽  
2021 ◽  
Vol 2 (56) ◽  
pp. 60-62
Author(s):  
M. Meskhishvili-Pruidze
Keyword(s):  
19Th Century ◽  
Future Development ◽  
Civil Law ◽  
Russian Empire ◽  
Civil Code ◽  
The Caucasus ◽  
Large Period ◽  
The Russian Empire ◽  
The 19Th Century ◽  
The Relationship

The topic of Georgia's inclusion in the Russian Empire is especially relevant, since the relationship between two historical neighbors today it is tense and it is necessary to especially carefully study the historical vicissitudes in order to realize the prospect of their future development. The article concerns the civil code of Russia and Georgia, the adaptation of the Georgian code of laws and the Code of King Vakhtang with all-Russian legislation. The authors consider a large period and cover the relationship between Russia and Georgia during the reign of Peter the First, Catherine the Second, Paul the First, Alexander the First and Alexander the Second. The authors analyze the process of systematization of the all-Russian legislation of 1826-1832 and the adoption of the Civil Code, which prompted local and central administrations to unify private and general imperial law. The authors investigate the use of Georgian civil law in private law relations in the Caucasus in the 19th century.

scholarly journals Two centuries of the civil law in the renewed Serbia 1804-2004

2005 ◽  
Vol 77 (10) ◽  
pp. 151-185
Author(s):  
Dušan Nikolić
Keyword(s):  
20Th Century ◽  
19Th Century ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
World War ◽  
Member States ◽  
Legal Provisions ◽  
Kingdom Of Yugoslavia ◽  
The 19Th Century

Ever since the renewal of the Serbian national sovereignty in the first decade of the 19th century until today there have been several attempts to completely regulate the field of the civil law through the unique codification, which would, by the virtue of its normative solutions, comply with the tradition, existing social environment and realistic evolutional possibilities. At the beginning there was a plan to partially take over the French Civil Code but this idea was abandoned due to the different level of social development. The conclusion was that the provisions that were drafted for one of the most progressive European states could not be applied in the culturally undeveloped and poor Serbia and that a unique codification should be made, which would be suitable for the Serbian society of that time. Following that idea, they began to work on the codification in the mid thirties of the 19th century. However, the Civil Code of the Principality of Serbia, which was adopted in 1844, was not unique. It basically represented a short and partially revised version of the Austrian Civil Code. In addition to that, some of its provisions were against the tradition of the Serbian people and against the requirements of the existing legal practice. Therefore, there was a proposal to start drafting the new codification. A Commission was established at the beginning of the 20th century, which carried out the work on the new codification until the First World War. This project was abandoned after the war. However, soon after the unification and establishment of the Kingdom of Serbs, Croats and Slovenians, they started working on the harmonization of the legislation. The draft for the Civil Code of the Kingdom of Yugoslavia was finished in 1934. This legal project was never officially adopted either. After the Second World War the new socialist system was introduced. The legal continuance with the legal system of the former Kingdom of Yugoslavia has been broken and the civil legislation from before the war ceased to apply. In order to avoid the entire legal vacuum the courts were allowed to apply the "old legal provisions" that were in compliance with the new political system. That solution introduced legal uncertainty. Therefore the preparatory work on the new civil code was intensified in the mid fifties of the 20th century. The authorities of that time decided to apply the method of partial codification. The idea was to adopt a systematic law for each branch of the civil law and to later join all the provisions in one legal act. The work on codification came to an end at the beginning of the seventies. But the normative competences were then divided between the federal state and the member states. Since there was no more constitutional base for adoption of the single civil code, they continued with a partial codification. The federation adopted laws that belonged to its competence. On the other hand the member states have never adopted the laws in the field of property law and law on contracts and torts. That is a reason why there are number of legal vacuums in this field, which are very often filled up by application of some old legal provisions that are constituent part of the laws of the Kingdom of Yugoslavia. Today, there are no constitutional obstacles to entirely regulate the substance of the civil law, but there is no clear idea and strategy on how to develop this branch of the legal system. Two hundred years after the First Serbian Uprising, Serbia is again at the beginning.

National Report for Spain

2012 ◽  
Keyword(s):  
19Th Century ◽  
21St Century ◽  
Legal System ◽  
Satisfactory Result ◽  
Legal Framework ◽  
Civil Code ◽  
Procedural Law ◽  
National Report ◽  
The 19Th Century ◽  
The Eu

The current insolvency legislation is the result of a long and cumbersome evolution. It was approved on 7 July 2003 (Ley 22/2003, the Insolvency Act 2003 (‘IA’)) and came into force on 1 September 2004, putting an end to one of the most embarrassing situations that the Spanish legal system has ever had to endure: coming into the 21st century with an insolvency legislation dating back to the beginning of the 19th century. The previous insolvency system was composed of as many as five different legal instruments: the Commercial Codes (Codigo de Comercio) of 1885 and 1829 (only partially in force) and the Law on Suspension of Payments of 1922 (Ley de Suspension de Pagos), which regulated some procedural aspects and all material aspects of commercial insolvency; the Civil Code of 1889, which regulated the insolvency of the general—non-commercial—debtor; and the Civil Procedural Law, dating from 1881 (Ley de Enjuiciamiento civil ). It can then be said that the insolvency of a large business in a developed European economy (the fifth largest in the EU) had to be solved with laws that dated from two centuries before. The reform has been a relief and it has greatly modernised Spain’s economic legal legal framework. However, this process was neither easy nor did it produce a fully satisfactory result.

Modern Nepal

2017 ◽  
Author(s):  
Marie Lecomte-Tilouine
Keyword(s):  
19Th Century ◽  
18Th Century ◽  
Space Time ◽  
Historical Narrative ◽  
Kathmandu Valley ◽  
Prime Ministers ◽  
Internal Logic ◽  
Modern Period ◽  
The 19Th Century ◽  
Modern Era

Within the study of the modern period of Nepali history, history is considered here both as a narrative with its internal logic, notably the periodization of history produced by Nepali historians, as well as a series of statements, events, regulations, etc., which are incorporated in this narrative. Periodization of history in Nepal establishes a direct and necessary link between modern Nepal and its national territory. Indeed, the beginning of the modern era is determined by the “unification” of the fifty independent kingdoms and tribal territories that gave birth to the anational territory of Nepal during the second half of the 18th century. Such a correspondence makes modernity and the unified territory of Nepal coincide in a single space time. Yet, a closer examination of the logic behind periodization sheds light on its Kathmandu-centric, and dynastic perspective. This resulted in the formation of a hybrid conception of the national territory and of its center of power. From being the standard of the territory’s time and space, the Kathmandu Valley became the chronotope of the historical narrative dealing with the first half of the 19th century. It continued to form the territory’s remarkable center following the seizing of power by the Rana prime ministers (1846–1951), but now by assuming a futurist dimension, which conversely, plunged the rest of the country back in time.

scholarly journals České kramářské tisky – pokus o definici a typologii

2021 ◽  
Vol 66 (3-4) ◽  
pp. 43-57
Author(s):  
Jakub Ivánek
Keyword(s):  
Early Modern ◽  
19Th Century ◽  
Broad Spectrum ◽  
Early Modern Period ◽  
Popular Literature ◽  
Research Interest ◽  
Modern Period ◽  
Wide Range ◽  
Broadside Ballads ◽  
The 19Th Century

The paper focuses on the issue of a relatively wide range of kramářské tisky – the medium of Czech popular literature of the Early Modern period and the 19th century. They mostly contained kramářské písně (Czech equivalent for broadside ballads), which are currently in the spotlight of Czech research interest. Kramářský tisk can also be defined by means of equivalents in other languages. The English term chapbooks, for example, may be helpful in emphasising the commercial focus of this literature (kramářské tisky could be literally translated as ‘chapman prints’). Although the English term cannot be clearly defined either, researchers generally come to an agreement that it is a publication of booklet character, of smaller extent as well as format (usually octavo or smaller, made of no more than three sheets of paper or having up to 99 pages). It was distributed by tradesmen at fairs, by colportage or soliciting. It was cheap (both in terms of production and price) and it brought what the broad spectrum of readers in towns and later in the countryside demanded – popular reading in the true sense of the word. It is complicated to include popular histories (knížky lidového čtení) in the comparison – they fit most of the features above, but they were made by folding and joining more sheets of paper and greatly exceed the imaginary limit of 99 pages. Therefore, this paper also deals with boundary media, which surpass the defined extent but principally are still chapman goods (i.e. small-format books of various lengths distributed at fairs and by soliciting). The text of the study draws attention to the appearance and development of certain types of kramářské tisky of both religious and secular content. For a better illustration, many of these types are mediated by an image.

scholarly journals Through Polemic to the Truth (the case of Debate between Sh. Mardjani and his Opponents in the Volga Region in the last third of the 19th century)

Islamology ◽  
2019 ◽  
Vol 9 (1-2) ◽  
pp. 124
Author(s):  
Dinara Mardanova
Keyword(s):  
19Th Century ◽  
Religious Tradition ◽  
Social Conditions ◽  
Volga Region ◽  
Divine Attributes ◽  
Modern Period ◽  
Political Economic ◽  
The 19Th Century

The article is focused on the theological debates on the issues of ‘aqidah between Shihabaddin Mardjani and his opponents. The debate can be viewed as a mechanism for seeking and affirming the Truth. As one of the possible responses of Tatar Muslims to the imperial challenge, the religious debate is analyzed in the context of changed political, economic and social conditions of the modern period, when the new boundaries of the religious tradition were outlined through theological discussions about the kalam and divine attributes and at the same time the reality itself was revised in the light of the sources.

scholarly journals Non-typical sources for court decisions by the rulers of Central Asian states in the 16th–19th cc.

2021 ◽  
Vol 18 (1) ◽  
pp. 62-73
Author(s):  
Roman Y. Pochekaev
Keyword(s):  
19Th Century ◽  
Legal System ◽  
Court Decisions ◽  
Political Position ◽  
Central Asian ◽  
The 19Th Century

The article analyzes specific cases of making court decisions by the rulers Central Asian states on the basis of sources which were either unrelated to the basic legal system of their state or were not sources of law. The author characterizes cases from the Bukhara Khanate of the 16th and 17th centuries and from the Kazakh Steppe of the first half of the 19th century. He finds that rulers used such sources of their court decisions to demonstrate their political position for their own subjects or rulers of neighboring states.

scholarly journals CLASSIFICATION OF INVALID TRANSACTIONS IN PRESENT LAW DOCTRINE OF EUROPEAN COUNTRIES

10.23856/4624 ◽  
2021 ◽  
Vol 46 (3) ◽  
pp. 190-194
Author(s):  
Roman Tashian
Keyword(s):  
19Th Century ◽  
Legal System ◽  
Civil Law ◽  
European Countries ◽  
Ancient Rome ◽  
Relevant Today ◽  
The Times ◽  
Traditional Approaches ◽  
The 19Th Century

The aim of this paper is providing the analysis of the classification of invalid transactions into void and voidable, which is recognized in many countries. This classification takes roots from the times of Ancient Rome, and was further developed in the 19th century thanks to the works of pandectists, primarily F.K. von Savigny and B. Windscheid. Today many European states are reforming their civil legislation. This fact allows us to take a fresh look at many institutions of civil law. In addition to the traditional approaches that are characteristic of the countries of the pandecto system, special attention should be paid to the “theorie moderne”, which is widespread in the countries of the Romanesque legal system. In the context of the invalidity of transactions, the article analyzes the provisions of the legislation of the leading European countries – Germany, France, the Netherlands, Italy, Spain, Belgium. Based on the above, it is concluded that this classification of the invalidity of transactions has not lost its meaning and is relevant today.

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