scholarly journals Specifics of civil and labor relations between the general director and the business company. Part 2

2021 ◽  
Vol 39 (3) ◽  
pp. 89-93
Author(s):  
E. B. Abakumova ◽  
Keyword(s):  
Labor Relations ◽  
Civil Law ◽  
Early Termination ◽  
Scientific Study ◽  
The Relationship ◽  
Executive Body ◽  
General Director

This article continues the scientific study of the specifics of labor and civil law relations between a business company and a person performing the functions of a sole executive body. The author considers the legal features of the suspension and early termination of the powers of the sole executive body of the company, shows the relationship between the norms of labor and civil legislation

scholarly journals SPECIFICS OF CIVIL AND LABOR RELATIONS BETWEEN THE GENERAL DIRECTOR AND THE BUSINESS COMPANY Part 1

2021 ◽  
Vol 38 (2) ◽  
pp. 64-67
Author(s):  
E.B. Abakumova ◽  
◽  
Keyword(s):  
Labor Relations ◽  
Point Of View ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Relationship ◽  
Executive Body ◽  
General Director

The article is devoted to the study of the nature of legal relations between a business company and a person who performs the functions of a sole executive body. The author adheres to the point of view that there are two types of legal relations between the general director and the business company: corporate, concerning the participation of the sole executive body in the management of the business company, and labor, concerning the performance of its labor duties as a manager. The paper proves the fallacy of the statement about the nonproliferation of labor legislation on the relationship between the business company and the general director, who is the sole participant of the LLC, and justifies the legality of the conclusion of an employment contract in this case.

Historical Foundations of Development of the Institution of Employment Contract

2019 ◽  
pp. 68-75
Author(s):  
Yuliya Chernenilova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Economic Management ◽  
Persons With Disabilities ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Russian Federation

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.

scholarly journals Auditors, Underwriters, and Firm Owners’ Interaction in an IPO Environment: The Case of OECD Nations

2021 ◽  
Vol 13 (11) ◽  
pp. 6281
Author(s):  
Sheela Sundarasen ◽  
Kamilah Kamaludin ◽  
Izani Ibrahim ◽  
Usha Rajagopalan ◽  
Nevi Danila
Keyword(s):  
Positive Impact ◽  
Common Law ◽  
Civil Law ◽  
Least Square ◽  
Interactive Effects ◽  
Cross Sectional ◽  
Key Stakeholders ◽  
Research Findings ◽  
Firm Owners ◽  
The Relationship

This study explores the effects of interactions among key stakeholders, i.e., auditors, underwriters, and firm owners on IPOs’ first-day returns in selected OECD nations. It also examines the alteration effects of legal origin (Common law and Civil law) on the relationship between the interacted key stakeholders and IPOs’ first-day returns. A total of four thousand one hundred and sixty-four IPOs from twenty-eight OECD nations are included in this study. Since it is cross-sectional data, a two-stage least square regression is applied. The empirical outcomes indicate that, in general, the interacted reputable underwriters and auditors have a positive impact on IPOs’ first-day return. The relationship is modified between common law and civil law nations, whereby in civil law nations, no significance is demonstrated except for the interaction between the reputable auditors and underwriters. In the common law nation, interactions between reputable auditors and ownership retention have an impact on IPOs’ first-day return. The research findings provide outlooks into an IPO framework for issuers, investors, and regulators. Issuers may want to weigh carefully the costs and benefits of hiring credible auditors and underwriters when going public as they act as signaling agents. As for the investors, they should take into consideration the involvement of reputable underwriters and auditors and the degree to which the IPO firms retain ownership, as the interactive effects give clear signals on firm valuation and IPOs’ first-day returns. Regulators may find the findings informative concerning the creation of a more organized regulatory and financial system that could lead to a deeper and more open financial market.

ON INTERACTION OF MATERIAL AND PROCEDURAL LAW IN THE CONTEXT OF REFORMING THE NOMENCLATURE OF SCIENTIFIC SPECIALTIES IN JURISPRUDENCE

2021 ◽  
Vol 3 (3) ◽  
pp. 214-231
Author(s):  
S.I. Suslova
Keyword(s):  
Civil Law ◽  
Scientific Research ◽  
Civil Procedure ◽  
Dialectical Logic ◽  
Advantages And Disadvantages ◽  
Procedural Law ◽  
Depth Study ◽  
Civil Science ◽  
Substantive Law ◽  
The Relationship

Introduction: the influence of the material branches of law on the content and development of procedural branches has long been substantiated in the legal literature. At the same time, civil law scholars, limited by the scope of the nomenclature of scientific specialties in legal sciences, do not have the opportunity to conduct dissertation research aimed at identifying the influence of procedural branches on the norms of substantive law. With regard to scientific research, the study of such an impact is currently permissible only within the specialty 12.00.15. Reforming the nomenclature of scientific specialties towards its enlargement creates the basis for the development of the scientific theory of intersectoral relations, developed by M.Iu. Chelyshev. An in-depth study of the intersectoral interaction of civil law and civil procedure will contribute not only to the development of scientific knowledge, but also will allow solving practical problems at a different methodological level. Purpose: to analyze the stages of the formation of scientific specialties in the context of the relationship between civil law and procedure, to identify the advantages and disadvantages of uniting and dividing civil law and procedure in scientific research, to analyze dissertations in different periods of development of the science of civil law and the science of civil procedure, to formulate ways to improve directions of research to bridge the gap between the science of civil law and procedure. Methods: empirical methods of description, interpretation; theoretical methods of formal and dialectical logic. The legal-dogmatic private scientific method was used. Results: identified the main views on the ratio of material and procedural branches in legal science; it is illustrated that the intersectoral approach is currently admissible only for dissertations in the specialty 12.00.15, which led to an almost complete absence of scientific research on this topic in civil science; substantiated the need to establish the bilateral nature of the relationship and interaction of material and procedural block. Conclusions: reforming the nomenclature of scientific specialties by right in the direction of their enlargement should have a positive effect on bridging the gap that has developed between works on civil law and civil law procedure in the last years of their separate existence. This is especially true of civil science, which developed its own scientific theories in isolation from the possibilities of their implementation within the framework of procedural law. The methodological basis for solving these problems has already been formed – this is an intersectoral method, the application of which is justified and demonstrated in the works of M.Iu. Chelyshev.

Caring for the Internet: Content Moderators and the Maintenance of Empire

2019 ◽  
Vol 4 (1) ◽  
pp. 66-78
Author(s):  
Lindsay Bartkowski
Keyword(s):  
Labor Relations ◽  
Well Being ◽  
The Philippines ◽  
Third Party ◽  
Emotional Impact ◽  
Affective Labor ◽  
Violent Content ◽  
Imperial Power ◽  
History Of ◽  
The Relationship

Scholarly and journalistic investigations of content moderation have thoroughly documented its emotional impact on workers, but have yet to analyze moderation as care labor. Out of sight from U.S. and European consumers, content moderators are hired by third-party outsourcing firms primarily in the Philippines or India to remove offensive or violent content from internet platforms in order to preserve their profitability and users’ emotional well-being. Situating content moderation in the long history of domestic labor relations in the U.S., which were designed to support the expansion of imperial power, this essay proposes new ways of understanding the relationship between affective labor and the procedures of empire.

scholarly journals THE INFLUENCE OF CIVIL CODE ON ECONOMIC LAW

2021 ◽  
Author(s):  
YUN-LING YU
Keyword(s):  
Economic Development ◽  
Market Economy ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Socialist Market Economy ◽  
Economic Law ◽  
Chinese Characteristics ◽  
The Relationship ◽  
Socialist Market

The promulgation of the "Civil Code" provides a path for the codification of other important legal departments closely related to the socialist market economy and the improvement of the socialist legal system with Chinese characteristics. However, due to the fact that the development of economic law in our country is relatively short and the economic development is changing rapidly, the current economic code is facing numerous obstacles. This article analyzes the relationship between civil law and economic law, drawing on the innovation of the content of the Civil Code, and puts forward new requirements for the development of the content, concept and system of economic law, and promotes the development of economic law.

scholarly journals Hubungan Hukum Dokter dan Pasien Serta Tanggung Jawab Dokter Dalam Penyelenggaraan Pelayanan Kesehatan

2018 ◽  
Vol 6 (1) ◽  
pp. 163-182
Author(s):  
Yussy A. Mannas
Keyword(s):  
Therapeutic Relationship ◽  
Criminal Law ◽  
Civil Law ◽  
Civil Code ◽  
Legal Relationship ◽  
Medical Disputes ◽  
Legal Effect ◽  
Two Factors ◽  
The Relationship ◽  
Legal Consequences

Abstract:The emergence rights and obligations as a result of legal relationship between doctors and patients could potentially trigger a dispute between doctors and patients or medical disputes. In an effort to avoid or reduce medical disputes, it is necessary to understand the construction of the legal relationship between doctor and patient. From this legal relationship which will result legal actions and gave rise to legal consequences. In a legal effect, it can’t be separated is about who is responsible, as far as what responsibility can be given. It describes that relationship and the patient's physician if constructed, it can be divided based on two factors; transaction of therapeutic and act. In relation patient - physician based therapeutic, known as therapeutic relationship or transaction therapeutic, there is a binding between patients and physicians in the treatment of the disease or treatment. Engagements happens is inspanningsverbintennis and not resultaatsverbintennis, and must comply with the provisions of Article 1320 of the Civil Code. The relationship between doctor and patient is based on the Act - legislation occurred under Article 1354 of the Civil Code, which formulates zaakwaarneming. Legal relationship that occurs by two things above give rise to legal liability for doctors, the responsibility in the field of disciplinary law, criminal law, civil law and administrative law.Keywords: Doctor, Patient and Legal Relationship.Abstrak:Munculnya hak dan kewajiban sebagai akibat hubungan hukum antara dokter dan pasien berpotensi memicu terjadinya sengketa antara dokter dengan pasien atau sengketa medik. Dalam upaya menghindari atau mengurangi sengketa medik yang terjadi, maka perlu dipahami mengenai konstruksi hubungan hukum antara dokter dengan pasien. Dari hubungan hukum inilah yang akan melahirkan perbuatan hukum dan menimbulkan adanya akibat hukum. Dalam suatu akibat hukum, hal yang tidak dapat dipisahkan adalah mengenai siapa yang bertanggung jawab, sejauh apa tanggung jawab dapat diberikan. Dalam tulisan ini diuraikan bahwa hubungan dokter dan pasien ini jika dikonstruksikan maka dapat dibagi berdasarkan dua hal, yaitu transaksi terapeutik dan undang-undang. Pada hubungan pasien- dokter berdasarkan terapeutik, dikenal hubungan terapeutik atau transaksi terapeutik, yaitu terjadi suatu ikatan antara pasien dan dokter dalam hal pengobatan atau perawatan penyakitnya. Perikatan yang terjadi ialah inspanningsverbintennis dan bukan resultaatsverbintennis, dan harus memenuhi ketentuan Pasal 1320 KUHPerdata. Hubungan dokter dan pasien berdasarkan undang–undang terjadi berdasarkan Pasal 1354 KUHPerdata yang merumuskan tentang zaakwaarneming. Hubungan hukum yang terjadi oleh dua hal diatas menimbulkan tanggung jawab hukum bagi dokter, yaitu tanggung jawab dalam bidang hukum, hukum pidana, hukum perdata dan hukum administrasi.Kata Kunci: Dokter, Pasien dan Hubungan Hukum. 

scholarly journals Using a Core Scientific Metadata Model in Large-Scale Facilities

2010 ◽  
Vol 5 (1) ◽  
pp. 106-118 ◽  
Author(s):  
Brian Matthews ◽  
Shoaib Sufi ◽  
Damian Flannery ◽  
Laurent Lerusse ◽  
Tom Griffin ◽  
...  
Keyword(s):  
Large Scale ◽  
Materials Science ◽  
Production Quality ◽  
Scientific Study ◽  
Quality Data ◽  
Structural Elements ◽  
Metadata Model ◽  
The Core ◽  
Future Developments ◽  
The Relationship

In this paper, we present the Core Scientific Metadata Model (CSMD), a model for the representation of scientific study metadata developed within the Science & Technology Facilities Council (STFC) to represent the data generated from scientific facilities. The model has been developed to allow management of and access to the data resources of the facilities in a uniform way, although we believe that the model has wider application, especially in areas of “structural science” such as chemistry, materials science and earth sciences. We give some motivations behind the development of the model, and an overview of its major structural elements, centred on the notion of a scientific study formed by a collection of specific investigations. We give some details of the model, with the description of each investigation associated with a particular experiment on a sample generating data, and the associated data holdings are then mapped to the investigation with the appropriate parameters. We then go on to discuss the instantiation of the metadata model within a production quality data management infrastructure, the Information CATalogue (ICAT), which has been developed within STFC for use in large-scale photon and neutron sources. Finally, we give an overview of the relationship between CSMD, and other initiatives, and give some directions for future developments.    

scholarly journals MORTGAGOR’S LIABILITY FOR THE PRESERVATION OF THE VALUE OF A MORTGAGED REAL ESTATE

TEME ◽  
2020 ◽  
pp. 065
Author(s):  
Milica Vučković ◽  
Miroslav Lazić
Keyword(s):  
Real Estate ◽  
Civil Law ◽  
Civil Liability ◽  
Due Diligence ◽  
Legal Standard ◽  
Real Risk ◽  
The Relationship

In this paper, the authors analyze the civil law liability of a mortgage debtor (mortgagor) in cases where the debtor breaches the obligation of treating the mortgaged real estate in compliance with the legal standard of acting with due diligence of “a good host” or “a good businessman,” and thus depreciates its value to the extent that jeopardizes the possibility of enforcing the claim. Given the accessory nature of mortgage which is aimed at securing the claim as the primary right, this form of civil liability and the corresponding rights of the mortgage creditor (mortgagee) are applicable before raising the issue of traditional civil law liability, which implies the maturity of the receivables and compensation for the damage sustained by the creditor. This form of civil liability may also be used preventively when there is a real risk of causing damage to the mortgagee. The relationship between civil law liability and the insurance of the mortgaged asset implies that they do not exclude but complement each other.

Constitutional, Criminal, Civil

2014 ◽  
Vol 76 (4) ◽  
pp. 635-659
Author(s):  
Karen Orren
Keyword(s):  
Civil Law ◽  
Federal Court ◽  
The United States ◽  
Developmental Theory ◽  
Double Jeopardy ◽  
Relevant Case ◽  
Essay Tests ◽  
Constitutional Protections ◽  
The Relationship ◽  
Single Proposition

AbstractWith a view to elaborating a developmental theory of constitutionalism in the United States, this essay explores the relationship among constitutional, criminal, and civil law. It supports, with relevant case materials, a single proposition: civil litigants are afforded contested constitutional protections in federal court to the extent that the judges attribute an aspect of criminality to the underlying facts or issues in question. The essay tests this proposition in the areas of punitive damages, double jeopardy, and constitutional torts; discusses the mirroring of the stipulated pattern in legal maneuvering on constitutional issues; and briefly spells out its implications for the larger theory.

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