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.

scholarly journals Concept and characteristics of the right to thing

2021 ◽  
pp. 5-9
Author(s):  
Olesia IVANENKO ◽  
Artem VOLOSHYN
Keyword(s):  
Social Relations ◽  
Civil Law ◽  
Special Property ◽  
Ancient Rome ◽  
Structural Elements ◽  
The Subject ◽  
The Times ◽  
Definition Of ◽  
The Right

Introduction. The right to thing and its law institutions has repeatedly become the subject of scientific research of both Ukrainian and foreign scientists. However, despite the significant number of scientific researches on this issue, the definition of the right to thing has not been enshrined in legislation of Ukraine. This indicates that the right to thing remains one of the most complex and least studied law categories of civil law. The purpose of this paper is to define the concept of the right to thing and outline its features that distinguish it from other institutions of civil law. In accordance with the goal, the main objectives of this study are to formulate a definition of the right to thing, define its system and elements, outline the types of the right to thing in accordance with the well known classifications. Results. This paper is devoted to the study of certain aspects of the right to thing as a subjective right. This legal category is well known to modern scholars, since it dates back to the times of Ancient Rome and has come down to our days without significant changes. But various kinds of social relations, their development, the appearance of new types have a significant impact on the right to thing in general, its features, structural elements, and so on, so the study of this subjective civil law remains relevant. This paper examines the concept of the right to thing, which remained outside the attention of the domestic legislator; classification of the right to thing; characteristics of the right to thing and its correlation with the liability rights; it is determined that the right to thing and the special property are the key law institutions of the right to thing; the methods of defending the right to thing are indicated in this paper. Conclusion. The right to thing is a right that enshrines the ownership of a tangible thing to a particular person, direct control over it in a clearly defined scope of powers and endowed with protection from any person who violates this right.

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.

A COMPARATIVE HISTORIOGRAPHY OF THE HUNGARIAN AND SLOVAKIAN NATIONAL PHILOSOPHIES: A CENTRAL EUROPEAN CASE

2010 ◽  
Vol 3 (1) ◽  
pp. 6-14
Author(s):  
Béla Mester
Keyword(s):  
19Th Century ◽  
National Identities ◽  
European Countries ◽  
National Cultures ◽  
Central European ◽  
Latin Language ◽  
The 19Th Century

The paper analyses a well‐known phenomenon, that of the 19th century Central European so‐called “national philosophies”. However, the philosophical heritages of the Central European countries have their roles in the national identities; historians of philosophy in these countries know; our philosophies have common institutional roots with our neighbours. The paper deadlines paradigmatic problems from the Hungarian and Slovakian philosophy: the Latin language in philosophy, the different role of Kantianism and Hegelianism in the national cultures, and the problems of canonisation. Vengrų ir slovakų nacionalinių filosofijų komparatyvistinė istoriografija: Vidurio Europos atvejis Santrauka Straipsnyje tyrinėjamas gerai žinomas fenomenas, XIX a. Vidurio Europoje vadinamas „nacionalinėmis filosofijomis“. Kad ir kaip būtų, filosofiniai Vidurio Europos valstybių palikimai turi įtakos nacionaliniams tapatumams, ir tai žino šių valstybių filosofijos istorikai. Mūsų ir mūsų kaimynų filosofijos turi bendrąsias paprotines šaknis. Straipsnyje brėžiama paradigminių vengrų ir slovakų filosofijos problemų perskyra pagal lotynų kalbą filosofijoje, skirtingą kantizmo ir hėgelizmo vaidmenį tautinėse kultūrose bei kanonizacijos problemas. Reikšminiai žodžiai: kanonizacija, Vidurio Europos filosofijos, hėgelizmas, vengrų filosofija, kantizmas, lotynų kalba filosofijoje, tautinis tapatumas, „nacionalinės filosofijos“, slovakų filosofija.

scholarly journals Update on Bolognese surgeon Dr. Benedetto Schiassi: the importance of Schiassi’s tentorium

2017 ◽  
Author(s):  
Sergio Sabbatani ◽  
Luca Ansaloni ◽  
Massimo Sartelli ◽  
Federico Coccolini ◽  
Salomone Di Saverio ◽  
...  
Keyword(s):  
20Th Century ◽  
19Th Century ◽  
Microbial Contamination ◽  
Scientific Activity ◽  
Risk Of Infection ◽  
Noticeable Increase ◽  
The Past ◽  
Relevant Today ◽  
The 19Th Century

Risk of infection remains a major concern for surgeons. The expansion of surgery towards the end of the 19th century determined a noticeable increase in septicemia and gangrene, and surgeons developed various techniques to limit them. In a previous publication, we reminded our readers of one of the gems of Italian surgery, Dr. Giuseppe Ruggi, who operated in Bologna from the end of 19th to the beginning of the 20th century. To him we owe the introduction and dissemination of the antiseptic method in Bologna. His scientific activity continued with Dr. Benedetto Schiassi, his successor. The techniques used to avoid microbial contamination by the Italian surgeon Dr. Schiassi, are particularly interesting, as Schiassi’s tentorium is still useful. Despite advances in surgical technologies, many innovations to prevent infection in surgery proposed in the past are still relevant today.

scholarly journals The Influence of Different Seeding Space and Organic Fertilization Level Upon Production and Mass of 1000 Seeds, Recorded in Some Hemp Varieties

2014 ◽  
Vol 71 (1) ◽  
pp. 44-48
Author(s):  
Adriana Iuliana DAN ◽  
Marcel M. DUDA ◽  
Cristina MOLDOVAN ◽  
Teodora FLORIAN
Keyword(s):  
19Th Century ◽  
Cannabis Sativa ◽  
European Countries ◽  
Physical Parameters ◽  
Organic Fertilization ◽  
Low Level ◽  
Production Values ◽  
Fertilization Level ◽  
Industrial Hemp ◽  
The 19Th Century

AbstractHemp (Cannabis sativa L.) was used for textile and cordage more than 4000 years. The cultivation of industrial hemp declined in the 19th century but it remains one of the oldest crops in history. Despite of the decline, nowadays interest for this crop has recently been renewed within various European countries (Roman et al., 2012). The aim of the research is to observe the evolution of production values and physical parameters (MMB- grain) under the influence of different seeding space and organic fertilization level recorded in some hemp varieties approved in Romania, with a low level of THC.

L'Etat et les femmes en Belgique (fin XIXe - début du XXe siècle) : Propositions pour un modèle d'analyse

Res Publica ◽  
1986 ◽  
Vol 28 (1) ◽  
pp. 139-158
Author(s):  
Pascale Delfosse
Keyword(s):  
19Th Century ◽  
European Countries ◽  
Political Rights ◽  
Stage Of Development ◽  
The 19Th Century

Throughout the 19th. century and at the beginning of the 20th various European states, including those of Britain, Germany, France and Belgium, undertook fairly similar measures affecting women. These had a bearing on their civic status, political rights and rights at work.The aim of this study is to seek a pattern of these farms of intervention. Though the case of Belgium is used to illustrate this proposed pattern, it can be held valid for other European countries, despite slight differences in their application or the fact that these steps took place at varying dates according to the precise stage of development of the countries concerned.

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.

1. History

2016 ◽  
Author(s):  
Les Iversen
Keyword(s):  
19Th Century ◽  
Scientific Investigation ◽  
European Countries ◽  
Recreational Drugs ◽  
Naturally Occurring ◽  
Medicinal Drugs ◽  
The 19Th Century

‘History’ outlines the knowledge and use of drugs through the ages. Early written records of medicinal drugs are known to have existed in a range of ancient cultures, including the Greek, Egyptian, Indian, and Chinese civilizations. In the medieval world, both Arabic and European countries studied drugs. Scientific investigation came about with the Renaissance, but medicine did not become truly scientific until the 19th century, when antiseptics, vaccines, and anaesthetics were discovered and produced. Drugs have also been used recreationally and ceremonially for millennia, whether naturally occurring (cannabis or opium), or artificially synthesized (LSD or ecstasy). Both medicinal and recreational drugs have become major, worldwide industries.

Systematic reappraisal of the anti-equatorial fish genus Microcanthus Swainson (Teleostei: Microcanthidae), with redescription and resurrection of Microcanthus joyceae Whitley

Zootaxa ◽  
2020 ◽  
Vol 4802 (1) ◽  
pp. 41-60 ◽  
Author(s):  
YI-KAI TEA ◽  
ANTHONY C. GILL
Keyword(s):  
East Asia ◽  
19Th Century ◽  
Western Australia ◽  
Lateral Line ◽  
Dorsal Fin ◽  
Eastern Australia ◽  
Fin Rays ◽  
The 19Th Century ◽  
Pectoral Fin Rays

The taxonomy and classification of the microcanthid fish genus Microcanthus Swainson has been a subject of contention dating back to the 19th century. Its allopatric, disjunct anti-equatorial distribution across the Indo-West Pacific has resulted in the recognition of several nominal taxa, though these have been widely regarded as synonyms of Microcanthus strigatus (Cuvier). Following the results published in a companion study elsewhere by the authors, the taxonomy of Microcanthus and the validity of these nominal synonyms are herewith revised. Microcanthus strigatus is redescribed on the basis of 66 specimens from East Asia, Hawaii and Western Australia, and M. joyceae is resurrected and redescribed on the basis of 25 specimens from eastern Australia and the southwest Pacific. Microcanthus differs from other microcanthid genera in having the following combination of characters: dorsal-fin rays XI,15–17 (usually XI,16); anal-fin rays III,13–15 (usually III,14); pectoral-fin rays 15–17 (usually 16); scales ctenoid with ctenial bases present; lateral-line scales partially or heavily obscured by adjacent scales; and body pale in preservation with five horizontal dark stripes reaching the posterior edges of dorsal and anal fins, and base of caudal fin. The review is accompanied by a key to the genera of Microcanthidae. 

Penology at source: Francis Lieber

2016 ◽  
Vol 1 (1) ◽  
pp. 73-95
Author(s):  
Karolina Całkowska
Keyword(s):  
19Th Century ◽  
18Th Century ◽  
Scientific Discourse ◽  
European Countries ◽  
Separate System ◽  
The 19Th Century ◽  
New Look

The first half of the 19th century was the time of the American penitentiary solutions rising. New look at the penalty of imprisonment caused that from the end of the 18th century, so right after the first modern American separate system prison was built in Wallnut (1790) travels of representatives of European countries visiting new US penitentiary establishments have been widely spreaded. Theoretical travels in search of the best prison solutions. Reports from the prison reformers were produced, and the discussions around them were accompanied by the development of a modern scientific discourse on prison and the penitentiary system that was being created at that time. The first wave of these trips took place at the turn of the 18th and 19th centuries, document it in particular, the reports of the French F. A. F. La Raochefoucauld-Liancourt (1796), Englishman J. Turnbull (1797), Pole J.U. Niemcewicz (1807) . The intensification of these journeys took place after 1830, when the second type of separate system (the Auburn system) developed in America. During this time, reports of visits to American prisons were published, among others, by leading reformers of the prison, particularly considered to be the creator of the German prison science N.H. Julius (1833), or W. Crawford from England .

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