scholarly journals Inovações do Código Civil Brasileiro de 2002 na Disciplina do Negócio Jurídico Simulado

2013 ◽  
Vol 8 (1) ◽  
Author(s):  
Angela Cristina Viero
Keyword(s):  
Legal System ◽  
Civil Code ◽  
Third Parties ◽  
Good Faith ◽  
The Other ◽  
Legal Certainty ◽  
Other Hand ◽  
The World

Resumo: O presente artigo tem por objetivo analisar a disciplina do Código Civil de 2002 no que se refere à simulação nos negócios jurídicos. O Código Civil atualmente em vigor inovou na regulamentação dos negócios jurídicos simulados em relação ao Código Civil revogado, fundamentalmente quanto à causa da simulação para que o fenômeno seja relevante para o Direito, bem como no que concerne à dimensão no mundo dos fatos jurídicos em que se situa o negócio jurídico simulado, com implicações nos efeitos da simulação entre aqueles que dele participam (partes) e aqueles que lhe são alheios (terceiros). Da sanção de nulidade prevista no art. 167, caput, decorre a possibilidade de arguição da simulação entre as partes entre si, circunstância que deve ser analisada com cautela em cada caso concreto, a fim de evitar que o escopo da simulação, quando fraudulenta, seja concretizado. Por outro lado, prevê o Código Civil de 2002 a inoponibilidade da simulação pelas partes em face dos terceiros de boa-fé, em homenagem à tutela da confiança com a finalidade de preservação da segurança jurídica. Não obstante, quanto a este último aspecto, não há previsão de critérios que auxiliem na solução de eventuais conflitos entre diferentes categorias de terceiros de boa-fé. Palavras-chave: Negócio Jurídico Simulado; Código Civil brasileiro de 2002; Causa da simulação; Nulidade; Efeitos. Abstract: This article aims to analyze the normative discipline of the simulated transactions on the Brazilian Civil Code of 2002. The Civil Code currently in force has innovated on the rules about simulated transactions in comparison to the revoked Civil Code, fundamentally in relation at the motive of the simulation to become relevant for the legal system, as well as concerning the dimension on the world of facts in which are situated the simulated transactions, involving the effects of the simulation among the participants on it (parties) and those who are out of it (third parties). From the nullity sanction settled by the art. 167, caput, arises the possibility to argue for the simulation of the parties among themselves, circumstance that must be analyzed prudently in each case, to avoid that the objective pursued with the simulation, when it is fraudulent, to be rendered concrete. By the other hand, the Civil Code of 2002 settles to the parties the impossibility of opposing the simulation against thirds parties in good faith, in honor to protect trust intending to preserve legal certainty. Nevertheless, as far as this last aspect is concerned, there are not forecasted criteria to support solutions for eventual conflicts between different categories of thirds parties in good faith.        Keywords: Simulated transactions; Brazilian Civil Code of 2002; Motive of simulation; Nullity; Effects. 

Crime, Law and the Internet

2004 ◽  
Vol 26 (1) ◽  
Author(s):  
Eric Hilgendorf
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
The Other ◽  
The Internet ◽  
Other Hand ◽  
The World ◽  
At Will ◽  
Global Reach

AbstractAfter some introductory remarks on the German legal system and German legal politics, the main forms of datanet crime on the Internet are sketched. After that, one of the most important Internet-cases of the last decade, the CompuServe case, is discussed in some detail. One of the main problems of datanet crime is its global reach. The world-spanning nature of the cyberspace significantly enlarges the ability of offenders to commit crimes that will affect people in a variety of other countries. On the other hand, the jurisdiction of national criminal law cannot be expanded at will by any single nation. A transnational criminal law for the Internet is possible but should be restricted to the defence of universally (or nearly universally) accepted interests and values. In effect, it seems that the problems of computer-related crime on the Internet cannot be solved by criminal law alone.

scholarly journals L'abus de pouvoirs du mandataire en droit civil québécois

2005 ◽  
Vol 19 (1) ◽  
pp. 55-103
Author(s):  
Claude Fabien
Keyword(s):  
Civil Code ◽  
Third Parties ◽  
The Other ◽  
Conservative Approach ◽  
Other Hand ◽  
One Step

The purpose of this article is to study the rules governing the phenomenon of mandatories abusing their powers, under Quebec Civil Code. It also reviews the rules proposed by the Civil Code Revision Office in its 1971 and 1976 Reports on the contract of Mandate and in its 1976 Report on administration of property of others. It shows that on many issues the Office has chosen a rather conservative approach and decided to stick to time-proven rules. It also flags the areas where the Office advocates new rules, with appropriate comments. The article is divided in two parts, the first one dealing with the scope of abuse of powers, the second with its effects. Part one asks « When does a mandatory abuse his powers ? » and answers by distinguishing between the wrongful exercise of mandatory's actual powers and the exercise, right or wrong, of non-existant powers. Part two then asks « What are the effects of abuses of powers ? » and deals on one hand with the liability towards third parties of both mandators and mandatories, and on the other hand with the liability of mandatories towards their mandators. The interest of part one lies mainly with the distinction it makes between two types of abuses of powers and with the analysis of the remarkable contribution of the Report on administration of the property of others into the field of Mandate. Part two derives its interest from the study of rules aimed at protecting third parties against abuses of powers of mandatories, and from testing the relevance of distinguishing between two types of abuses of powers. One conclusion, among others, emerges from this article. Mandators are fully liable towards third parties when mandatories abuse their powers by using them wrongfully. Conversely mandators are not liable when mandatories abuse their powers by using non-existant powers, although this principle suffers exceptions numerous enough to constitute a genuine regime of protections for third parties against self-empowered mandatories. The article suggests however that Quebec Law could go one step further by improving protection of third parties under the existing notion of apparent mandate, especially for those dealing with companies.

The Influences of Common Law on the Brazilian New Code of Civil Procedure

2018 ◽  
Vol 46 (3) ◽  
pp. 176-180
Author(s):  
Lucas Alves Edmundo Gomes
Keyword(s):  
Legal System ◽  
English Language ◽  
Islamic Law ◽  
Common Law ◽  
Civil Law ◽  
Civil Procedure ◽  
The Other ◽  
Legal Systems ◽  
Other Hand ◽  
The World

AbstractMost legal scholars assume that there are only two “families” of legal systems in the world: common law and civil law. Briefly, common law is applied in all countries that speak the English language and has its origination from the “habits of society.” On the other hand, civil law is applied just about everywhere else, with a few exceptions, such as in tribal law areas, jurisdictions that follow Islamic law, and a few other smaller legal systems. Brazil's New Code of Civil Procedure was promulgated in 2015 and brought innovations to Brazilian law. Elements of common law were incorporated into the Brazilian legal system, particularly that of using precedent. The application of common law elements in Brazilian law is being studied by various legal specialists. This present study explains how common law can be applied in civil law jurisdictions, similar to the way it is being adapted and applied in Brazil.

Simone de Beauvoir's Philosophy of Individuation

2017 ◽  
Author(s):  
Laura Hengehold
Keyword(s):  
Lived Experience ◽  
20Th Century ◽  
Sexual Difference ◽  
Gilles Deleuze ◽  
The Other ◽  
Simone De Beauvoir ◽  
Second Sex ◽  
Other Hand ◽  
The World

Most studies of Simone de Beauvoir situate her with respect to Hegel and the tradition of 20th-century phenomenology begun by Husserl, Heidegger, and Merleau-Ponty. This book analyzes The Second Sex in light of the concepts of becoming, problematization, and the Other found in Gilles Deleuze. Reading Beauvoir through a Deleuzian lens allows more emphasis to be placed on Beauvoir's early interest in Bergson and Leibniz, and on the individuation of consciousness, a puzzle of continuing interest to both phenomenologists and Deleuzians. By engaging with the philosophical issues in her novels and student diaries, this book rethinks Beauvoir’s focus on recognition in The Second Sex in terms of women’s struggle to individuate themselves despite sexist forms of representation. It shows how specific forms of women’s “lived experience” can be understood as the result of habits conforming to and resisting this sexist “sense.” Later feminists put forward important criticisms regarding Beauvoir’s claims not to be a philosopher, as well as the value of sexual difference and the supposedly Eurocentric universalism of her thought. Deleuzians, on the other hand, might well object to her ideas about recognition. This book attempts to address those criticisms, while challenging the historicist assumptions behind many efforts to establish Beauvoir’s significance as a philosopher and feminist thinker. As a result, readers can establish a productive relationship between Beauvoir’s “problems” and those of women around the world who read her work under very different circumstances.

Covid-19 – rumours and facts in media

2020 ◽  
Vol 11 (SPL1) ◽  
pp. 171-174
Author(s):  
Tarare Toshida ◽  
Chaple Jagruti
Keyword(s):  
Social Media ◽  
Preventive Measures ◽  
Vital Role ◽  
The Other ◽  
Sources Of Information ◽  
Other Hand ◽  
Corona Virus ◽  
The People ◽  
The World

The covid-19 resulted in broad range of spread throughout the world in which India has also became a prey of it and in this situation the means of media is extensively inϑluencing the mentality of the people. Media always played a role of loop between society and sources of information. In this epidemic also media is playing a vital role in shaping the reaction in ϑirst place for both good and ill by providing important facts regarding symptoms of Corona virus, preventive measures against the virus and also how to deal with any suspect of disease to overcome covid-19. On the other hand, there are endless people who spread endless rumours overs social media and are adversely affecting life of people but we always count on media because they provide us with valuable answers to our questions, facts and everything in need. Media always remains on top of the line when it comes to stop the out spread of rumours which are surely dangerous kind of information for society. So on our side we should react fairly and maturely to handle the situation to keep it in the favour of humanity and help government not only to ϑight this pandemic but also the info emic.

STUDY OF ORNAMENTS IN HUNTO SULTAN AMAY MOSQUE GORONTALO

ARTic ◽  
2019 ◽  
Vol 4 ◽  
pp. 167-176
Author(s):  
Risti Puspita Sari Hunowu
Keyword(s):  
Qualitative Method ◽  
The Other ◽  
Visual Form ◽  
Research Material ◽  
Other Hand ◽  
The World ◽  
Existing Form ◽  
The City ◽  
Dutch Colonial

This research is aimed at studying the Hunto Sultan Amay Mosque located in Gorontalo City. Hunto Sultan Amay Mosque is the oldest mosque in the city of Gorontalo The Hunto Sultan Amay Mosque was built as proof of Sultan Amay's love for a daughter and is a representation of Islam in Gorontalo. Researchers will investigate the visual form of the Hunto Sultan Amay Mosque which was originally like an ancient mosque in the archipelago. can be seen from the shape of the roof which initially used an overlapping roof and then converted into a dome as well as mosques in the world, we can be sure the Hunto Sultan Amay Mosque uses a dome roof after the arrival of Dutch Colonial. The researcher used a qualitative method by observing the existing form in detail from the building of the mosque with an aesthetic approach, reviewing objects and selecting the selected ornament giving a classification of the shapes, so that the section became a reference for the author as research material. Based on the analysis of this thesis, the form  of the Hunto Sultan Amay mosque as well as the mosques located in the archipelago and the existence of ornaments in the Hunto Sultan Amay Mosque as a decorative structure support the grandeur of a mosque. On the other hand, Hunto Mosque ornaments reveal a teaching. The form of a teaching is manifested in the form of motives and does not depict living beings in a realist or naturalist manner. the decorative forms of the Hunto Sultan Sultan Mosque in general tend to lead to a form of flora, geometric ornaments, and ornament of calligraphy dominated by the distinctive colors of Islam, namely gold, white, red, yellow and green.

scholarly journals Two Conceptions of Second Nature

2020 ◽  
Vol 3 (1) ◽  
pp. 68-80 ◽  
Author(s):  
Georg W. Bertram
Keyword(s):  
The Other ◽  
Human Beings ◽  
Open Future ◽  
Second Nature ◽  
Other Hand ◽  
The World ◽  
Cognitive Activities ◽  
The Open Future ◽  
The One ◽  
First Nature

AbstractThe concept of second nature promises to provide an explanation of how nature and reason can be reconciled. But the concept is laden with ambiguity. On the one hand, second nature is understood as that which binds together all cognitive activities. On the other hand, second nature is conceived of as a kind of nature that can be changed by cognitive activities. The paper tries to investigate this ambiguity by distinguishing a Kantian conception of second nature from a Hegelian conception. It argues that the idea of a transformation from a being of first nature into a being of second nature that stands at the heart of the Kantian conception is mistaken. The Hegelian conception demonstrates that the transformation in question takes place within second nature itself. Thus, the Hegelian conception allows us to understand the way in which second nature is not structurally isomorphic with first nature: It is a process of ongoing selftransformation that is not primarily determined by how the world is, but rather by commitments out of which human beings are bound to the open future.

KINETIC INDICATORS OF TRAINING METHODS AND SELECTION OF YOUNG ROWERS

sportlogia ◽  
2021 ◽  
Vol 17 (1) ◽  
pp. 13-24
Author(s):  
Željko M. Rajković ◽  
◽  
Darko N. Mitrović ◽  
Vladimir K. Miletić ◽  
Petar M. Spaić ◽  
...  
Keyword(s):  
Average Power ◽  
The Other ◽  
Training Methods ◽  
Average Force ◽  
Other Hand ◽  
The World ◽  
Strict Selection ◽  
Selection Of

Modern diagnostics in rowing enables more and more possibilities for recording, and comparing numerous stroke variables. At the same time, many coaches fall into the trap of strict respect for the prescribed norms, ratios, and temporarily results, which the athlete must achieve if he wants to stay in the world of competitive rowing. On the example of the comparison of rowing schools RC "Danubius" and RC "Partizan", descriptive indicators are on the side of RC "Danubius" at a time of 2000m, average force and average power. No significant differences were found in average force (sig = 0,167) between rowers of RC "Danubius" and RC "Partizan", while statistically significant differences were recorded in time at 2000m (sig = 0,036) and power (sig = 0,02) in favor of rowers of RC “Danubius”. On the other hand, a higher correlation of average force (-0,955) and power (-0,928) with time on 2000m was achieved by RC "Partizan" than RC "Danubius" (-0,931) and (-0,896). The correlation between the average force, and the average power within one team shows a higher correlation for RC “Partizan" (0,95) compared to RC "Danubius" (0,755). The obtained results are not enough for single rower or crew elimination from competition to recreational section in the process of too frequent and strict selection of rowers, considering different possible ways of building rowing techniques and numerous parasitic factors that may affect measured variables, specialy at the age under 14 and novice rowers in general.

Probleme de interpretare privind constituționalitatea și capacitatea juridică a subdiviziunilor administrativ-teritoriale

2020 ◽  
Vol 2019 ◽  
pp. 126-133
Author(s):  
Vlad-Cristian SOARE ◽  
Keyword(s):  
Legal System ◽  
Administrative Law ◽  
The Other ◽  
Political Regime ◽  
Legal Capacity ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
The Revolution

"The fundamental transformations through the Romanian state passed since the Revolution of December 1989, have also put their mark on the legal system. For this reason, there have been major changes in the content of administrative law. However, the regulation of the territorial-administrative subdivisions survived the change of political regime, due to Law 2/1968. Moreover, regulations on administrative-territorial subdivisions are also found in Law 215/2001 and in the 1991 Constitution, revised in 2003. This has led to problems of interpretation. Thus, on the one hand, we need to identify who has the right to constitute administrative-territorial subdivisions, and on the other hand, it must be seen whether the answer to the first question, leads to a possible interpretation that would be unconstitutional. At the same time, administrative-territorial subdivisions have created problems of interpretation regarding their legal capacity. Through this article, we have proposed to look at the issues mentioned above."

Distinction between Dolus and Culpa with reference to Arson in Zakon Sudnyj LJudem, the Vinodol Law and the Statute of Senj

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Daniel Haman ◽  
◽  
◽  
Keyword(s):  
Criminal Law ◽  
The Other ◽  
Legal Documents ◽  
The Third ◽  
Other Hand ◽  
Criminal Offenses ◽  
The World ◽  
The Difference ◽  
Different Levels ◽  
Better Than

The difference between intent (dolus) and negligence (culpa) was rarely emphasized in codified medieval laws and regulations. When compared to the legal statements related to intent, negligence was mentioned even more rarely. However, there are some laws that distinguished between the two concepts in terms of some specific crimes, such as arson. This paper draws attention to three medieval Slavic legal documents – the Zakon Sudnyj LJudem (ZSLJ), the Vinodol Law and the Statute of Senj. They are compared with reference to regulations regarding arson, with the focus being on arson as a crime committed intentionally or out of negligence. The ZSLJ as the oldest known Slavic law in the world shows some similarities with other medieval Slavic legal codes, especially in the field of criminal law, since most of the ZSLJ’s articles are related to criminal law. On the other hand, the Vinodol Law is the oldest preserved Croatian law and it is among the oldest Slavic codes in the world. It was written in 1288 in the Croatian Glagolitic script and in the Croatian Chakavian dialect. The third document – the Statute of Senj – regulated legal matters in the Croatian littoral town of Senj. It was written in 1388 – exactly a century after the Vinodol Law was proclaimed. When comparing the Vinodol Law and the Statute of Senj with the Zakon Sudnyj LJudem, there are clear differences and similarities, particularly in the field of criminal law. Within the framework of criminal offenses, the act of arson is important for making a distinction between intent and negligence. While the ZSLJ regulates different levels of guilt, the Vinodol Law makes no difference between dolus and culpa. On the other hand, the Statute of Senj strictly refers to negligence as a punishable crime. Even though the ZSLJ is almost half a millennium older than the Statute of Senj and around 400 years older than the Vinodol Law, this paper proves that the ZSLJ defines the guilt and the punishment for arson much better than the other two laws.

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