State Absolutism and the Rule of Law: The Struggle for the Codification of Civil Law in Austria 1753-1811

1968 ◽  
Vol 74 (1) ◽  
pp. 209
Author(s):  
Robert A. Kann ◽  
Henry E. Strakosch
Keyword(s):  
Rule Of Law ◽  
Civil Law ◽  
The Rule Of Law

scholarly journals Planning the Future of a Disabled Person: Civil Law Solutions?

Teisė ◽  
2020 ◽  
Vol 114 ◽  
pp. 132-143
Author(s):  
Marta Monterroso Rosas
Keyword(s):  
Rule Of Law ◽  
Civil Law ◽  
The Rule Of Law ◽  
Future Needs ◽  
The Future ◽  
The Disabled ◽  
The Law

If the disabled person wants to plan, guarantee and design a patrimonial strategy to safeguard future needs, how does the Law respond? Which are the legal instruments one can resort to in order to anticipate or organize mechanisms able to meet the special requirements of a disabled person? This paper aims to analyse this problem, making a connection with the Rule of Law.

How to Conduct Research in Israeli Law

2000 ◽  
Vol 28 (1) ◽  
pp. 127-142
Author(s):  
Ruth Levush
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Legal Culture ◽  
Rational Approach ◽  
The Rule Of Law ◽  
The Individual

The Israeli legal system belongs to the Western legal culture which is based on the rule of law and takes secular, liberal and rational approach that puts the individual at the center. The Israeli legal system has been classified as a “mixed jurisdiction” in that it has traits of both common law as well as civil law systems.

scholarly journals PENGATURAN HUKUM SERTIFIKAT HAK ATAS MEREK SEBAGAI JAMINAN FIDUSIA DALAM PROSES PENGAJUAN KREDIT DI PERBANKAN BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2016

2018 ◽  
Vol 6 (3) ◽  
pp. 310
Author(s):  
Made Bagus Satria Yudistira
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
Civil Law ◽  
Bank Credit ◽  
Geographical Indications ◽  
Legal Basis ◽  
The Rule Of Law ◽  
Trade Law ◽  
Intellectual Properties ◽  
The Ideal

United Nations Commission on Intellectual Trade Law (UNCITRAL) in a conference held on 39th round in 2006, this round brought to the result of intellectual properties, specifically on the Trademarks that has been the source of bank financing. Then the things that to be discussed regarding to the legal arrangements of the rights certificate on the trademark as fiduciary assurance in the process of application for bank credit and also the ideal form provisions of the trademark as an object that used as an assurance object. The purpose of this writing is to find the explication of the rule of law concerning about the rights provision to the trademark as a fiduciary assurance after the issuance of the constitutions number 20 of 2016 about trademark and geographical indications, because in that constitution there was nothing firm as it stated on the article that related to the rights of the trademark as fiduciary assurance or the norm is blurred and implicitly stated that the rights of the trademark can be used as an object of fiduciary assurance. Besides that there was also the non-law factor and the bank policy that complicates the process in banking. Nevertheless there is a legal basis that arranged by the constitutions number 42 of 1999 regarding the fiduciary assurance and the code of civil law concerning the elements of the trademark that can be used as fiduciary assurance in the process of credit application. United Nations Comission on Intellectual Trade Law (UNCITRAL) dalam pertemuan yang diselenggarakan pada putaran ke 39 yaitu pada tahun 2006, putaran in menghasilkan kekayaan intelektual, khususnya Merek telah menjadi sumber pembiayaan Perbankan. Maka yang perlu dibahas mengenai Pengaturan Hukum sertifikat Hak atas Merek sebagai jaminan Fidusia dalam proses pengajuan kredit di perbankan serta ketentuan wujud ideal dari merek sebagai benda yang dijadikan obyek jaminan. Tujuan dari Penulisan adalah mencari kejelasan aturan hukum mengenai ketentuan Hak atas merek sebagai jaminan fidusia setelah diterbitkannya Undang-undang no 20 tahun 2016 tentang Merek dan Indikasi Geografis, karena di dalam Undang-undang tersebut tidak menyatakan dengan tegas Pasal yang berkaitan dengan hak Merek sebagai jaminan fidusia atau norma kabur yang tidak secara tegas menyatakan Hak atas Merek dapat dijadikan objek sebagai Jaminan fidusia. Di samping itu juga terdapat faktor non-hukum serta kebijakan Bank yang mempersulit prosesnya di perbankan. Walaupun demikian sesungguhnya terdapat dasar hukum yang diatur oleh Undang-undang no 42 tahun 1999 tentang jaminan Fidusia dan Kitab Undang-undang hukum Perdata mengenai unsur-unsur Merek bahwa dapat dijadikan sebagai jaminan fidusia dalam proses pengajuan kredit.

scholarly journals RATIO LEGIS PRZEDAWNIENIA

2017 ◽  
Vol 6 (2) ◽  
pp. 137
Author(s):  
Tomasz Pałdyna
Keyword(s):  
Interest Rates ◽  
Rule Of Law ◽  
Common Sense ◽  
Civil Law ◽  
Common Element ◽  
Court System ◽  
The Rule Of Law ◽  
High Interest ◽  
Almost All

Ratio legis of Limitation of ClaimsSummaryA common element of the works on limitation of material claims is the analysis of its justification. This has its reasons: limitation of claims evokes serious doubts of ethical nature. It often happens that the protection is rejected to an entitled person, even in a situation when the debtor confirms his obligation, claiming at the same time the lapse of the period of prescription. Due to this, objections are formulated that limitation of claims authorises immoral behaviours, undermines the validity of law, weakens the role of law in a society, infringes the rule of law as well that it collides with a common sense of justness and the logic of the protection of exclusive rights. Notwithstanding the above limitation of claims exists in almost all civil law systems, therefore, it seems to be justifiable. The reasons for introducing this legal means into the system of civil law are discussed in this paper.The aim of limitation of claims is the protection of the defendant in the proceedings because of the difficulties with presenting evidence for a claim which came into being many years before. Retaining such claims is contrary to the interests of the court system because the proceedings initiated after many years could lead to accidental verdicts. Moreover maintaining a certain status may create its legality due to the principle of security of law. Furthermore, delayed persuing claims may be a form of earning money out of the statute interest with high interest rates, which is not desirable.The analysis presented in this paper allows a conclusion that limitation of claims has mammy functions: protective, cleansing, stabilising and animating. The proposed division is of an arranging nature as it stresses the main functions of limitation of claims and its role in trade.

scholarly journals THE JUDGE AND THE RULE OF LAW

2020 ◽  
Vol 20 (2) ◽  
pp. 281-302
Author(s):  
David F. Forte
Keyword(s):  
Rule Of Law ◽  
Common Law ◽  
Civil Law ◽  
Judicial Independence ◽  
Checks And Balances ◽  
The Rule Of Law ◽  
American System ◽  
Positive Law ◽  
The Common ◽  
Moral Limits

In the American system of justice, based on the common law method, the judge enjoys greater independence than do the judges in Civil Law systems. Independence of the judiciary is essential in a system of checks and balances where the more powerful elements of the legislature and the executive must be limited by legally enforced principles. At the same time, judicial independence is constrained within moral limits by a system of positive law rules that direct the judge to make reasoned judgments that he must justify by open opinions.

Inherited legal systems and effective rule of law: Africa and the colonial legacy

2001 ◽  
Vol 39 (4) ◽  
pp. 571-596 ◽  
Author(s):  
Sandra Fullerton Joireman
Keyword(s):  
Rule Of Law ◽  
Common Law ◽  
Civil Law ◽  
Point Of View ◽  
The Rule Of Law ◽  
Law System ◽  
Colonial Legacy ◽  
The Common ◽  
Common Law System ◽  
The Individual

The question of whether particular types of legal institutions influence the effectiveness of the rule of law has long been answered with conjecture. Common law lawyers and judges tend to believe that the common law system is superior. This opinion is based on the idea that the common law system inherited from the British is more able to protect the rights of the individual than civil law judicial systems. Quite the opposite point of view can be found in lawyers from civil law countries, who may view the common law system as capricious and disorganised. This paper compares the effectiveness of the rule of law in common law and civil law countries in Africa, through a cross-national statistical comparison using Freedom House and Political Risk Services data. The comparison reveals that common law countries in Africa are generally better at providing ‘rule of law’ than are civil law countries.

LYING OF A PARTY IN THE ARBITRATION COURT AS A PROCEDURAL LEGAL FACT

2021 ◽  
Vol 11 (4) ◽  
pp. 70-86
Author(s):  
A.R. SULTANOV
Keyword(s):  
Rule Of Law ◽  
Civil Law ◽  
Entrepreneurial Activity ◽  
Negative Consequences ◽  
Direct Examination ◽  
The Rule Of Law ◽  
Physical Evidence ◽  
Expert Opinions ◽  
Arbitration Process ◽  
Legal Fact

The study puts forward the idea that the development of the principle of good faith in civil law should seriously affect the arbitration process and should make it unprofitable to lie in court. Among other things, we believe that it is possible to raise the question of using the legislator’s approach without the culpable occurrence of negative consequences of false assurances about circumstances in the conduct of entrepreneurial activity. The author also argues that there should be no deception of the court, because any decision based on a lie is not justice and is contrary to the rule of law. In a situation where deception does occur, there must be a mechanism to rectify the situation and level out the consequences of the deception. As a kind of substantiation of the above ideas, the author uses a reference to the principle of direct examination of evidence, which is enshrined in Articles 10 and 71 of the APC RF and obligates the court to directly examine and perceive all evidence in the case, including hearing explanations of persons involved in the case, testimony of witnesses, expert opinions, review written evidence, examine the physical evidence. Compliance with this principle guarantees the personal perception of the judges of the arbitration court of all evidence, which is probably one of the most significant guarantees of justice.

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