scholarly journals Legal Nature and Legal Consequences of Diplomatic Protection. Contemporary Challenges

2006 ◽  
Vol 1 (6) ◽  
Author(s):  
Mariana Salazar Albornoz
Keyword(s):  
Diplomatic Protection ◽  
Legal Nature ◽  
Legal Consequences

En la era de la postguerra, el derecho internacional ha reconocido cada vez más derechos individuales. Dicha evolución ha ocasionado que la importancia de la protección diplomática adquiera un nuevo significado como medio de protección de los mismos, y ha traído nuevos retos a las nociones tradicionales que rodean a este mecanismo. En el presente artículo, la autora argumenta que son derechos complementarios del Estado y del individuo los que se encuentran en la base de la protección diplomática y que, consecuentemente, el derecho a la reparación derivada de su ejercicio no debe pertenecer exclusivamente al Estado.

scholarly journals THE EXPRESS WILL OF A PATIENT: TYPOLOGY BY NATURE OF ITS ORIGIN

2017 ◽  
Vol 1 (9) ◽  
pp. 78
Author(s):  
Liga Mazure
Keyword(s):  
Medical Treatment ◽  
Legal Status ◽  
Comparative Method ◽  
Civil Law ◽  
Classification Criteria ◽  
Regulatory Framework ◽  
Legal Practice ◽  
Historical Method ◽  
Legal Nature ◽  
Legal Consequences

The patient's express will, in accordance with the nature of its origin, could be categorized into initial and derivative express will. However, the regulatory framework is insufficient in Latvia, considering the significance of these institutes in the civil-law protection of the patient's express will and their specificity of different legal nature.The aim of the research is to carry out the analysis of the patient's express will types according to the nature of origin, to determine regulatory gaps and propose certain solutions for the elimination of the identified gaps. In order to achieve the aim, the following objectives are set: 1) to analyse the patient's express will classification according to various classification criteria; 2) to study legal nature of patient's consent; 3) to assess patient's refusal of a medical treatment and its legal consequences; 4) to analyse withdrawal by a patient as a derivative express will. The following research methods are applied in the paper: semantic method; grammatical method; historical method; comparative method; systemic method; teleological method. Research hypothesis: if all the patient’s express will types based on the nature of origin are regulated in detail, the legal status of a patient in medical treatment legal relations will be improved and stabilized. Literature, regulatory acts and legal practice materials are applied in the research as information resources.The author has developed the principles regarding the patient's express will types based on the nature of origin, which are in accordance with the legal system of Latvia and should be implemented in the regulatory framework, thus improving the civil law protection of patient's express will.

scholarly journals The Legal Nature of Force-Majeure

2021 ◽  
Vol 07 (11) ◽  
Author(s):  
Kholmurod Ruzievich Isanov ◽  
Keyword(s):  
Legal System ◽  
Use Of Force ◽  
Legal Systems ◽  
Legal Relationship ◽  
Force Majeure ◽  
Legal Nature ◽  
National Legal System ◽  
The Will ◽  
Legal Consequences

This article analyzes the legal nature of the force majeure in the system of legal relations. The will of the parties to a force majeure legal relationship, as a sudden or unavoidable event or situation involving their will, affects the rights and obligations between them and has certain legal consequences, the whole system of legal relations has also been examined as the basis for exemption from liability or exclusion of liability. Approaches have also been explored in distinguishing a situation that led to harm as a risk (risk) or force majeure situation in determining liability for breach of obligation. The conditions for the use of force majeure in the continental and general legal systems are analyzed, and scientific conclusions are drawn on its legal nature and its role in the national legal system.

scholarly journals Contract for the Provision of Services and Labor Contract: A Comparative Analysis of Consequences for Parties Under Ukrainian Legislation

2021 ◽  
Vol 10 (1) ◽  
pp. 466
Author(s):  
Viktor Makovii ◽  
Svitlana Voloshyna ◽  
Yaroslav Kushnir ◽  
Iryna Mykhailova ◽  
Serhii Tsarenko
Keyword(s):  
Comparative Analysis ◽  
International Labor Organization ◽  
Human Right ◽  
Employment Contract ◽  
Labor Contract ◽  
Labor Legislation ◽  
International Labor ◽  
Legal Nature ◽  
Provision Of Services ◽  
Legal Consequences

The article analyzes the legal consequences of concluding a labor contract and a contract for the provision of services. The need for such an analysis is due to the fact that employers often prefer to conclude civil law contracts with employees instead of labor contracts, since the latter are less beneficial for them. At the same time, for an employee, the conclusion of a contract for the provision of services instead of an employment contract entails the deprivation of all guarantees provided for by labor legislation. The historical prerequisites for the existence of similarities between labor and civil contracts are examined in the article. In order to distinguish between these types of contracts, a comparative analysis of the legal nature and consequences of the conclusion of an employment contract and a contract for the provision of services is carried out. The article analyzes the guarantees that are provided for by labor legislation and are aimed at ensuring the human right to work. It is concluded that when concluding civil contracts, these guarantees are lost, which significantly worsens the position of the employee. In this regard, the article analyzes the recommendations of the International Labor Organization aimed at distinguishing between civil and labor legal relations. The conclusion is made that it is necessary to consider these recommendations in the national legislation of all Member States.

THE LEGAL CHARACTER OF ARTICLE 18 OF THE VIENNA CONVENTION ON THE LAW OF TREATIES

2019 ◽  
Vol 68 (3) ◽  
pp. 699-717
Author(s):  
Paul Gragl ◽  
Malgosia Fitzmaurice
Keyword(s):  
International Law ◽  
Good Faith ◽  
Vienna Convention ◽  
Underlying Principle ◽  
Human Rights Treaties ◽  
Legal Nature ◽  
Legal Character ◽  
Bilateral Treaties ◽  
Legal Consequences ◽  
Law Making

AbstractThe main reason for Article 18 being one of the most opaque provisions of the Vienna Convention is that it establishes a relatively vague ‘interim obligation’ for States to refrain from acts which would defeat the object and purpose of a treaty between its signature and ratification. Although the existence of such an interim obligation has been recognized by States and in various international legal regimes, it remains problematic since Article 18 neither defines nor determines its own contours and when and under which conditions it is being breached. It goes without saying that the legal consequences of a possible breach of this provision are left equally unclear. It remains uncertain how the interim obligation of Article 18 fits into the general international law of treaties; what its legal nature and temporal scope is; which role the principle of good faith plays as a possibly underlying principle of this provision; and how we should understand the object and purpose of a treaty and how it can be defeated. Furthermore, its apparent focus seems to be on bilateral rather than multilateral treaties, but this exclusive application of this interim obligation to bilateral treaties would contravene both the expressed and implied intent of the drafters. Therefore, this article also discusses how Article 18 fits within the normative system of international law and law-making treaties, such as human rights treaties.

Principles and Rules of Law as Abstract and Specific Legal Regulators

2019 ◽  
Vol 1 ◽  
pp. 14-20
Author(s):  
V. Yu. Panchenko ◽  
◽  
V. N. Vlasenko ◽  
◽  
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Rights ◽  
Negative Consequences ◽  
Legal Principles ◽  
Legal Rules ◽  
Legal Nature ◽  
General Abstract ◽  
Legal Consequences

The author substantiates the thesis that legal rights and obligations (permissions, obligations, prohibitions) by the method of their logical and linguistic expression can be concrete and abstract. The first way is inherent in legal rules, the second – in legal principles. Principles of law are able to act as a guide to action, i. e. to direct, regulate behavior in the most general, abstract form, not only along with, but also instead of the rules of law (regulation of social relations by principles). The author proves the unfoundedness of the theoretical provisions considering principles of law as normative generalizations (since there are cases when there are no norms to be generalized, but there are principles governing this area of public relations) and interpreting principles of law as permitting normative generalizations (since principles can both oblige and prohibit one behavior or another). A theoretically productive and useful for legal practice understanding of principles of law as the initial legal regulator of public relations (V. Ershov) is additionally argued. With this approach, it is possible to objectively detect specific and abstract rules of behavior governing particular segment of public relations in the texts of formal sources of law. The possibility of legal consequences (of both positive and negative nature) of implementation or non- (or improper) implementation of legal principles is indicated. The legal nature of the principles of law is emphasized and the negative consequences of giving the role of the principles of law to social, moral, political and other categories, ideas and ideologies are identified.

ON THE ISSUE OF GAPS IN LAW

2020 ◽  
Author(s):  
Лаура Мусатовна Оздамирова
Keyword(s):  
Legal Regulation ◽  
Legal Nature ◽  
Legal Consequences

В данной статье рассматривается понятие пробела в праве, в результате чего возникает пробел в праве. Указываются основные причины пробелов в законодательстве. Отмечается важность определения законодателем сферы правового регулирования. Также важно определить правовой характер рассматриваемого случая, каковы его правовые последствия. This article discusses the concept of a gap in law, which results in a gap in law. The main causes of gaps in the legislation are indicated. The importance of determining the scope of legal regulation by the legislator is noted. It is also important to determine the legal nature of the case in question, what are its legal consequences.

Terms of service as a ground for establishment of ownership to virtual property

2020 ◽  
pp. 62-67
Author(s):  
Kateryna Nekit
Keyword(s):  
Property Rights ◽  
Main Body ◽  
Virtual Property ◽  
Judicial Practice ◽  
Legal Nature ◽  
Service Agreement ◽  
The Right ◽  
Mixed Agreements ◽  
Legal Consequences ◽  
Problem Setting

Problem setting. Today, the use of numerous sites is allowed only with the consent of the user agreements (Terms of Service) offered by them. Most often, users tick them, which is tantamount to signing such agreements, without even reading. However, it turns out that in most cases, user agreements, which are essentially agreements between users and providers, are aimed only at securing the interests of providers and in fact impose significant restrictions on users without granting them any rights other than the right to use the service. In addition, providers create them in such a way as not to draw the attention of users to the presence of the contract in this relationship. Such agreements are generally placed as hyperlinks at the bottom of the page or are created as a step that the user must agree to during registration. On this basis, the question of the need to strengthen the protection of users’ rights as a weaker party to the contract, by analogy with consumer protection, is increasingly raised. Moreover, the possibility of considering a user agreement as a kind of contract is widely discussed. Analysis of recent researches and publications. Given the novelty of such a phenomenon as user agreement, today there are not many studies devoted to them, especially in domestic science. Among foreign researchers of the legal nature and specifics of user agreements can be mentioned K. Cornelius, L. Belli and J. Venturini, T. Romm, P. Randolph, M. Radin, A. Savelyev, N. Vlasova. Thus, there is a lack of domestic research on the legal nature of user agreements, so there is an urgent need for research in this area. Target of research is to study the legal nature of the user agreement and analyze the possibility of it to become a ground for legal relationships, in particular, a ground for establishment of ownership to virtual property. Article’s main body. The article analyzes the possibility of considering user agreements as potential grounds for the emergence of ownership to virtual property. The judicial practice to protect the rights of users of accounts and European approaches to the protection of user rights are analyzed in the article. The research data, which give grounds to speak about violation of user rights by user agreements are given. In turn, this gives reason to question the possibility of considering the user agreement as a kind of contract. However, the analysis performed allows us to conclude that it is possible to consider the user agreement as a mixed contract, which can potentially serve as a ground for the emergence of virtual property rights. Conclusions and prospects for the development. Terms of Service agreements should be considered as mixed agreements that contain elements of several agreements. In particular, in the context of the emergence of virtual property rights from such agreements, elements of the Terms of Service agreement should be distinguished, which determine the legal consequences for the virtual property created within the online platforms. In the doctrine, the concept of virtual property as a kind of property right is already quite common today, and this kind of right may well arise from the contract, which in this case may be the Terms of Service agreement. If the Terms of Service agreement is recognized as the ground for the emergence of virtual property rights, it is necessary to provide in it how the balance of interests of platform developers and users in relation to virtual property will be determined. Obviously, all the features of the implementation and protection of virtual property rights, cases of its restriction will be specified in the contract.

Institute of Criminal Records and its Legal Consequences

2015 ◽  
Vol 3 (5) ◽  
pp. 0-0
Author(s):  
Алла Гравина ◽  
Alla Gravina ◽  
Наталия Хромова ◽  
Nataliya Khromova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Criminal Records ◽  
Legal Concept ◽  
Criminal Conviction ◽  
Legal Nature ◽  
Legal Restrictions ◽  
Russian Law ◽  
The Impact ◽  
Legal Consequences

In their research dedicated to the criminal conviction institute and its legal consequences, the authors consider it not only as a criminal legal category but also as a general legal concept. For this purpose the authors analyze the legal nature of conviction and its consequences as a criminal legal category as well as the impact of these consequences on general civil relations, in particular, on labor relations. The authors also investigate the issue of consequences after expunging or cancellation of conviction. They analyze the current Russian law on legal restrictions relating to expunging or cancellation of conviction. On the basis of this analysis the authors draw the conclusion on ambiguity of the imposed restrictions after expunging or cancellation of a conviction and on the occurring conflict of law. For readers’ reference the authors analyze legal initiatives of representatives to State Duma of the Federal Assembly of Russian Federation as well as opinions of competent state authorities in charge of this issue.

A kezességi szerződés szabályozása a román Polgári törvénykönyv rendszerében

2020 ◽  
Vol 3 (1) ◽  
pp. 71-83
Author(s):  
Emőd Veress
Keyword(s):  
Civil Law ◽  
Final Part ◽  
Legal Text ◽  
Natural Person ◽  
Legal Nature ◽  
In Virtue Of ◽  
Legal Consequences ◽  
Material Requirements

The author of the following study presents the institution of surety as it is regulated in Romanian civil law. The notion of surety (in the sense of the person offering the guarantee) is presented, as well as the legal nature of the surety contract, and its defining characteristic of an accessory guarantee as well as the conclusion of the contract and the formal and material requirements for its validity. In the following, the author presents the various types of surety regulated in Romanian civil law. Regarding the effects of the surety contract the study presents the legal consequences specifically regulated in Romania, which arise when the debtor fails to respect his obligations. In the final part of the study, the reasons for the cessation of the effects of the surety contract, are presented, with special emphasis on the death of the surety (natural person), which, contrary to the apparent meaning of the legal text, does not result in the cancellation of any debt owed by the deceased surety in virtue of the surety contract. This debt shall remain due as part of the surety’s estate.

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