CIVIL-LAW SET-OFF AND SET-OFF MADE WHEN THE COURT SATISFIES COUNTERCLAIMS AND INITIAL CLAIMS: THEORETICAL REFLECTIONS ON THE SIMILARITIES AND DIFFERENCES OF LEGAL INSTITUTIONS

2021 ◽  
Vol 10 (6) ◽  
pp. 13-29
Author(s):  
D.B. ABUSHENKO
Keyword(s):  
Mixed Model ◽  
Parallel Implementation ◽  
Civil Law ◽  
Legal Institutions ◽  
Third Person ◽  
The Will ◽  
Legal Costs ◽  
Similarities And Differences ◽  
Judicial Protection

In this article, the author highlights the main scenarios on the basis of which the coexistence of two seemingly similar legal institutions could be built – a civil set-off and a set-off made when the court satisfies counterclaims and initial claims (a scenario based on the displacement of one institution by another; a scenario based on the permissibility of parallel implementation of each of the institutions; a scenario based on a mixed model of implementation of each of the institutions). To identify the scenario that best meets the needs of the turnover and the goals of effective judicial protection, the differences between these legal institutions are analyzed (the distinction is made according to specific criteria that either manifest themselves differently, or are present in one structure, but are absent in another). At the same time, the analyzed legal institutions (civil offset and offset produced by the satisfaction of the court counter and initial claims) are distinguished from similar legal phenomena – automatic setoff, offset by the will of a third person, eventual set-off, objections on the surrender made by the defendant during the trial and addressed the court, and the offset produced by the court in the absence of will of the disputing parties in the resolution of the question of legal costs and making a decision about a bilateral restitution.

scholarly journals Batasan Kedewasaan dan Kecakapan Hukum Pewasiat Menurut Kompilasi Hukum Islam dan Kitab Undang-Undang Hukum Perdata

2018 ◽  
Vol 5 (1) ◽  
pp. 1-12
Author(s):  
Sanawiah Sanawiah ◽  
Muhammad Zainul
Keyword(s):  
Research Methods ◽  
Islamic Law ◽  
Civil Law ◽  
Civil Code ◽  
Legal Research ◽  
The Will ◽  
Similarities And Differences ◽  
Legal Proof

Limitations of adulthood and lawfulness of the pewasiat both in terms of the position of limits and the ability of the pewasiat, the requirements of the pewasiat and the various limits of the age of the pewasiat according to different views and opinions among the Imam of the School in the determination of its law. The purpose of this study is to to assess the Limitations of adulthood and legal proficiency of pewasiat by Compilation of Islamic Law and Civil Code contained in the Compilation of Islamic Law Article 194 paragraph 1 and Book Civil Law Article 897. In Compilation of Islamic Law Article 194 paragraph 1 concerning the will specifies that the person who intends to reach the age of 21 full and sensible this is a requirement for mlekukan wills must reach the age that has been determined. The Civil Code states that in Article 897 it states that the person who intentions must reach the age of 18 full years, this is a condition of determination to perform the testament. Normative legal research methods analyze, related legislation presented through descriptive and deductive methods which are then analyzed to see the location of similarities and differences between the Compilation of Islamic Law and the Civil Code. The result of this research is the equation of Law Compilation of Compilation of Islamic Law and Civil Code which states the condition of the person having the will should be sensible, while in the determination of maturity 21 years based on article 330 Civil Code. As for the legal proof of Article 426 Civil Code aged 18 years.

CIVIL-LAW SET-OFF AND SET-OFF MADE WHEN THE COURT SATISFIES COUNTERCLAIMS AND INITIAL CLAIMS: THEORETICAL REFLECTIONS ON THE SIMILARITIES AND DIFFERENCES OF LEGAL INSTITUTIONS (continuation)

2021 ◽  
Vol 11 (4) ◽  
pp. 50-69
Author(s):  
D.B. ABUSHENKO
Keyword(s):  
Civil Law ◽  
Legal Institutions ◽  
Similarities And Differences ◽  
The Moment ◽  
Legal Consequences

In the article, the author continues to distinguish between a civil-legal offset and a set-off made when the court satisfies a counterclaim and initial claims. As a criterion, recognition is taken as an act of will, proceeding respectively from the compensator (the person to whom the application for set-off is addressed) and the defendant in the counterclaim. The article analyzes the anticipated and “double-edged” recognition. The author substantiates the admissibility of using the mechanism of convalidation (cure) of a defective transaction for cases when the corresponding expression of will is addressed to the court without presenting an independent claim for recognizing the transaction as valid. The issues related to the determination of the moment from which the transaction is considered cured, the content of the convalidated contract, as well as the legal consequences of the subsequent judicial discrediting of the convalidated transaction on the grounds related to its impugnability are considered.

CIVIL-LAW SET-OFF AND SET-OFF MADE WHEN THE COURT SATISFIES COUNTERCLAIMS AND INITIAL CLAIMS: THEORETICAL REFLECTIONS ON THE SIMILARITIES AND DIFFERENCES OF LEGAL INSTITUTIONS (continuation)

2021 ◽  
Vol 11 (2) ◽  
pp. 26-49
Author(s):  
D.B. ABUSHENKO
Keyword(s):  
Civil Law ◽  
The Other ◽  
Legal Institutions ◽  
Legal Relationship ◽  
Quantitative Characteristics ◽  
The Subject ◽  
Similarities And Differences ◽  
Judicial Recognition ◽  
Legal Consequences ◽  
Recognition Of Another

In the article, the author continues to distinguish between the civil-legal set-off and the set-off made when the court satisfies the counterclaim and initial claims. As a criterion, recognition is taken as an act of will, coming respectively from the compensator (the person to whom the statement of set-off is addressed) and the defendant in the counterclaim. Judicial and non-judicial confessions are analyzed. With regard to judicial recognition, the conclusion is justified that, depending on the type of process and the existence of rules on mandatory professional judicial representation, it will be either ordinary evidence or a basis for exemption from proof, and in some cases also entail certain substantive consequences. Individual cases of so-called qualified recognition are considered (discrepancy in quantitative characteristics; discrepancy in relation to the subject or object of the legal relationship; recognition of another legal relationship; notification to the court of two or more facts, some of which correspond to the interests of the procedural opponent, and the other part – to the interests of the recognizer; discrepancy in the qualification of legal consequences; recognition of the fact of termination of claims with the reservation that they were subsequently restored on the basis of the realized secondary right).

The Evolution of a Nation

2011 ◽  
Author(s):  
Daniel Berkowitz ◽  
Karen B. Clay
Keyword(s):  
Political Competition ◽  
Common Law ◽  
Civil Law ◽  
Legal Institutions ◽  
Colonial History ◽  
Legal Systems ◽  
Water Transportation ◽  
Long Run ◽  
Access To Water ◽  
Late Twentieth

Although political and legal institutions are essential to any nation's economic development, the forces that have shaped these institutions are poorly understood. Drawing on rich evidence about the development of the American states from the mid-nineteenth to the late twentieth century, this book documents the mechanisms through which geographical and historical conditions—such as climate, access to water transportation, and early legal systems—impacted political and judicial institutions and economic growth. The book shows how a state's geography and climate influenced whether elites based their wealth in agriculture or trade. States with more occupationally diverse elites in 1860 had greater levels of political competition in their legislature from 1866 to 2000. The book also examines the effects of early legal systems. Because of their colonial history, thirteen states had an operational civil-law legal system prior to statehood. All of these states except Louisiana would later adopt common law. By the late eighteenth century, the two legal systems differed in their balances of power. In civil-law systems, judiciaries were subordinate to legislatures, whereas in common-law systems, the two were more equal. Former civil-law states and common-law states exhibit persistent differences in the structure of their courts, the retention of judges, and judicial budgets. Moreover, changes in court structures, retention procedures, and budgets occur under very different conditions in civil-law and common-law states. This book illustrates how initial geographical and historical conditions can determine the evolution of political and legal institutions and long-run growth.

The Mystery of Jesus' Teaching about “The Son of Man”

2012 ◽  
Vol 42 (2) ◽  
pp. 70-80
Author(s):  
Edward A. Beckstrom
Keyword(s):  
Dead Sea Scrolls ◽  
Dead Sea ◽  
High Priest ◽  
The Third ◽  
Son Of Man ◽  
Third Person ◽  
The Will ◽  
The Dead ◽  
The Third Person ◽  
Will Of God

For centuries a mystery has surrounded the meaning of Jesus' term “The Son of Man” in his ministry, and today it is often called “The Son of Man Problem.” Studying “Son of Man” in all of its biblical references, and apocryphal usages, together with insights from the Dead Sea Scrolls, I propose a solution that the idiom means “Priest” or “High Priest,” but most especially “Heavenly High Priest” and is framed in the third person by Jesus because it is expressed as his destiny given by God—it is the Will of God. “The Son of Man” is distinct from Jesus own will, but is the destiny he follows. It is also the use of this term that caused Caiaphas to cry “blasphemy” at Jesus' Sanhedrin trial, who then sent him to Pilate for crucifixion, yet asserting that Jesus proclaimed himself “King of the Jews.” Caiaphas, knew, I believe, that “Son of Man” was synonymous with “High Priest.”

scholarly journals Ritual & Practices to Attain Spirituality in the light of Religious Scriptures of the World Religion

2019 ◽  
pp. 37-43
Author(s):  
Tayyaba Razzaq
Keyword(s):  
Research Study ◽  
The Other ◽  
Religious Communities ◽  
World Religion ◽  
World Religions ◽  
Major Purpose ◽  
The World ◽  
The Will ◽  
Similarities And Differences ◽  
Ritual Systems

Humans are spiritual beings and preferred to be an element (one way or the other) of this potent mighty power that fascinated him. Men have been urged to look or visualize the Mighty Lord. Different kind of tools and means were designed in various religious communities to offer a few beautified methods to meet this fundamental intuition. To attain spirituality, many ancient religions had their own rituals and ceremonial systems that mostly consist of external rites and practices. The purpose of the study is to examine and determine the importance of rituals that are being practice in the world religions? What the methods religious scriptures has mentioned for their followers to adopt to attain spirituality? The study is to find out similarities and differences in rituals & practices to attain spirituality as mentioned in their religious scriptures? Research methodology for this study adapted is descriptive. This research study has fined out that some ritual systems are concerned with inwards purification rather than outwards. The major purpose of all such practices; fasting, sacrifices, charity etc are all to free men from the entire evil deeds, make him pure as the will of the Lord and closer to it.

BIERNA STRONA ZDOLNOŚCI DO CZYNNOŚCI PRAWNYCH

2021 ◽  
pp. 67-80
Author(s):  
Maciej Giaro
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Capacity To Act ◽  
The Will ◽  
To Receive

The paper elaborates the problem of the passive side of capacity to act which consists in the ability to receive (or to be an addressee of) the will declarations. Given the absence of an explicit regulation in the Polish civil code, the passive side of capacity to act has lost its attribute of a doctrinal evidence. However, the capacity to act should not be understood in a popular way limiting this concept to its active side only. Such an understanding generates in fact a grievous gap in the Polish civil law.

Lessons from St. Petersburg: Commerce and Civil Law

2009 ◽  
Vol 34 (2) ◽  
pp. 107-117
Author(s):  
Keyword(s):  
Eighteenth Century ◽  
The Netherlands ◽  
Legal History ◽  
Civil Law ◽  
Legal Reform ◽  
Collaborative Effort ◽  
Legal Certainty ◽  
Critical Factors ◽  
Reform Processes ◽  
Similarities And Differences

AbstractThrough the prism of legal history, the author links the circulation of ideas in the eighteenth century between Russia and The Netherlands with Russian-Dutch collaboration at the end of the twentieth century: codification as a tool to provide legal certainly. The concern that the transition in the new Russia of the 1990s to new social and economic models would quickly give rise to legal uncertainty was one of the critical factors pushing for the rebirth of Russian civil law.The collaboration between Russian and Dutch legal scholars and practitioners was grounded in legal reform processes—similar at one level and quite different at another. The author (for the last decade and one-half, a member of this collaborative effort) discusses the similarities and differences in the results flowing from these processes: fundamental principles and formalities being two examples. He also considers the balance between legal certainty and flexibility.The reader is reminded, however, that this has been a two-way street; the case of recent reforms governing the judiciary in Russia is cited by the author as a part of the legal fabric from which The Netherlands might have more to learn from Russian than vice versa.

scholarly journals Applying a specific contractual structure in favor of a third party to a passenger carriage contract

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Diana Sergeevna Fedotova
Keyword(s):  
Systematic Approach ◽  
Civil Law ◽  
Legal Regulation ◽  
Third Parties ◽  
Third Party ◽  
Legal Structure ◽  
Scientific Justification ◽  
Minor Children ◽  
Similarities And Differences ◽  
Contractual Structures

The article considers the possibility of drawing a passenger carriage contract based on the model of beneficiary contracts. In the case of the conclusion by organizations of carriage contracts for organized groups of passengers, a specific contractual structure in favor of a third party may be applied. Minor children can be considered third parties in whose favor a passenger carriage contract is concluded. The contradictions of the current civil legislation regarding the consideration of minor children as passengers have been revealed. The methodological basis of the study includes the following methods. A systematic approach is used to identify the role and place of the passenger carriage contract in the system of civil law contracts, as well as contradictions in civil law. Comparison is actively used to identify similarities and differences in the legal regulation of the passenger carriage contract under the legislation of various countries. Legal modeling is used in the analysis of specific contractual structures, which are legal models, and in modeling the structure of the passenger carriage contract. Methods of formal and dialectic logic are used as well. The contribution to the study of the issue is associated with the scientific justification of the need to improve the legal structure of the passenger carriage contract according to the contract model in favor of a third party.

Sign in / Sign up

Export Citation Format

Share Document