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).

scholarly journals The contract of the management of apartment building as a legal fact and a binding legal relationship

2020 ◽  
pp. 304-308
Author(s):  
Liudmyla Yakovlieva
Keyword(s):  
Common Property ◽  
Civil Law ◽  
Material Object ◽  
Apartment Building ◽  
Adjacent Territory ◽  
Legal Relationship ◽  
The Subject ◽  
Characteristic Features ◽  
Legal Fact ◽  
Legal Consequences

The article focuses on the important role of the contract as a regulator of relations for the management of an apartment building.It is established that the value of the contract of the management of apartment building as a transaction is that its conclusion by a singlewill of the parties, first, indicates the onset of legal consequences in the form of a simultaneous legal relationship between its parties,and secondly, expresses the focus of joint action of the parties to achieve the desired results and, as a consequence, giving the partiesto the contract mutual rights and obligations in the field of apartment building management.During considering the concept of the contract of the management of apartment building, we should not only proceed from itslegal nature, which reveals the essence of the contract as a legal fact that generates certain legal consequences, but also take into accountits essence as an obligation due to the conclusion of this contract. Accordingly, the specifics of the subject of legal relations from thecontract of management of an apartment building is primarily that one of the parties to the contract is a specialized subject of civil law –an individual-entrepreneur or legal entity-entrepreneur, which under the agreement with co-owners provides proper maintenance andrepair of common property of an apartment building and adjacent territory and proper living conditions and household needs.In the context of the study of the contract of the management of apartment building regarding the object of obligatory legal relationsmediated by it, it is established in view of its legal name that its object is apartment building management services. The subjectof the contract of the management of apartment building is proposed to be understood as a set of legal and factual actions that shouldbe taken to achieve the purpose of the contract. It follows that the subject of the contract under study is the activities of the manager toprovide services for the management of an apartment building (or in general – the management of an apartment building); in this case,the apartment building, including indoor premises and adjacent territory, should be perceived as a material object of the contract understudy and the subject composition.Separately within the limits of the article the basic characteristic features of the contract of management of the apartment houseare allocated, among which: 1) civil-law nature of relations on management of the apartment building; 2) the specificity of the subjectcomposition of the contract; 3) the dual legal and material nature of the object of binding legal relations; 4) a special subject of the stu -died contract.

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.

scholarly journals Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 441
Author(s):  
Indah Esti Cahyani ◽  
Aryani Witasari
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Freedom Of Contract ◽  
Related Statement ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.

scholarly journals Hubungan Hukum Dokter dan Pasien Serta Tanggung Jawab Dokter Dalam Penyelenggaraan Pelayanan Kesehatan

2018 ◽  
Vol 6 (1) ◽  
pp. 163-182
Author(s):  
Yussy A. Mannas
Keyword(s):  
Therapeutic Relationship ◽  
Criminal Law ◽  
Civil Law ◽  
Civil Code ◽  
Legal Relationship ◽  
Medical Disputes ◽  
Legal Effect ◽  
Two Factors ◽  
The Relationship ◽  
Legal Consequences

Abstract:The emergence rights and obligations as a result of legal relationship between doctors and patients could potentially trigger a dispute between doctors and patients or medical disputes. In an effort to avoid or reduce medical disputes, it is necessary to understand the construction of the legal relationship between doctor and patient. From this legal relationship which will result legal actions and gave rise to legal consequences. In a legal effect, it can’t be separated is about who is responsible, as far as what responsibility can be given. It describes that relationship and the patient's physician if constructed, it can be divided based on two factors; transaction of therapeutic and act. In relation patient - physician based therapeutic, known as therapeutic relationship or transaction therapeutic, there is a binding between patients and physicians in the treatment of the disease or treatment. Engagements happens is inspanningsverbintennis and not resultaatsverbintennis, and must comply with the provisions of Article 1320 of the Civil Code. The relationship between doctor and patient is based on the Act - legislation occurred under Article 1354 of the Civil Code, which formulates zaakwaarneming. Legal relationship that occurs by two things above give rise to legal liability for doctors, the responsibility in the field of disciplinary law, criminal law, civil law and administrative law.Keywords: Doctor, Patient and Legal Relationship.Abstrak:Munculnya hak dan kewajiban sebagai akibat hubungan hukum antara dokter dan pasien berpotensi memicu terjadinya sengketa antara dokter dengan pasien atau sengketa medik. Dalam upaya menghindari atau mengurangi sengketa medik yang terjadi, maka perlu dipahami mengenai konstruksi hubungan hukum antara dokter dengan pasien. Dari hubungan hukum inilah yang akan melahirkan perbuatan hukum dan menimbulkan adanya akibat hukum. Dalam suatu akibat hukum, hal yang tidak dapat dipisahkan adalah mengenai siapa yang bertanggung jawab, sejauh apa tanggung jawab dapat diberikan. Dalam tulisan ini diuraikan bahwa hubungan dokter dan pasien ini jika dikonstruksikan maka dapat dibagi berdasarkan dua hal, yaitu transaksi terapeutik dan undang-undang. Pada hubungan pasien- dokter berdasarkan terapeutik, dikenal hubungan terapeutik atau transaksi terapeutik, yaitu terjadi suatu ikatan antara pasien dan dokter dalam hal pengobatan atau perawatan penyakitnya. Perikatan yang terjadi ialah inspanningsverbintennis dan bukan resultaatsverbintennis, dan harus memenuhi ketentuan Pasal 1320 KUHPerdata. Hubungan dokter dan pasien berdasarkan undang–undang terjadi berdasarkan Pasal 1354 KUHPerdata yang merumuskan tentang zaakwaarneming. Hubungan hukum yang terjadi oleh dua hal diatas menimbulkan tanggung jawab hukum bagi dokter, yaitu tanggung jawab dalam bidang hukum, hukum pidana, hukum perdata dan hukum administrasi.Kata Kunci: Dokter, Pasien dan Hubungan Hukum. 

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.

Obligatio in Roman Law and Society

2016 ◽  
Author(s):  
David Ibbetson
Keyword(s):  
The Other ◽  
Law And Society ◽  
Roman Law ◽  
Legal Relationship ◽  
Abstract Nouns ◽  
Legal Thinking ◽  
The Relationship ◽  
Legal Consequences

Obligatio is defined in Justinian’s Institutes as a tie of law, a legal relationship between two persons whereby one is constrained by the other to do or refrain from doing something. It brings together relationships arising out of contract or delict, though the Digest shows it used more generally wherever a personal bond was created. Its roots lie in the verb ligare, to bind; but although Roman lawyers preferred the use of verbs over abstract nouns, here the noun form is almost as common as the verb. As a noun obligatio describes either the active or the passive aspect of the relationship or the relationship itself, allowing flexibility in legal thinking. Originally, obligatio may have been related to actio, so that only enforceable relationships were included within the word, but by classical law it applied to any relationship with legal consequences, whether or not the relationship was enforceable.

A contrastive analysis of absolute constructions in French, German and Norwegian

2010 ◽  
Vol 33 (2) ◽  
pp. 208-223 ◽  
Author(s):  
Marianne Hobæk Haff
Keyword(s):  
The Other ◽  
General Question ◽  
Contrastive Analysis ◽  
The Matrix ◽  
The Subject ◽  
Similarities And Differences ◽  
The Absolute ◽  
The One ◽  
Germanic Languages ◽  
Matrix Subject

This paper is an exploration of similarities and differences concerning absolute constructions in French, German and Norwegian. In the first part, I have examined a more general question raised by these constructions: the connections between these types of absolute constructions and the matrix subject. I have shown that the means by which the absolute constructions are related to the subject can be morphosyntactic, semantic and pragmatic. The second part contains a purely contrastive analysis. Two issues have been examined: on the one hand, the absolute constructions and their congruent and non-congruent correspondences, on the other, the use of determiners. Essentially, French is different from the two Germanic languages, but similarities also exist between French and German, which are the center of a European Sprachbund.

scholarly journals THE ROLE AND SIGNIFICANCE OF LEGAL FACTS IN REGULATING THE LEGAL CONSEQUENCES OF ANTI-COMPETITIVE ACTIONS

2020 ◽  
pp. 169-174
Author(s):  
M. A. Yegorova
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Private Law ◽  
Non Profit ◽  
The Third ◽  
The Subject ◽  
Commercial Organizations ◽  
Competitive Actions ◽  
Legal Consequences ◽  
Law Regulation

The article analyzes the role and significance of legal facts in regulating the legal consequences of anti-competitive actions. The main types of private law consequences are distinguished, which are divided into three groups. The first group includes the most characteristic of the subject of civil law regulation of property effects, the second group, special methods of protection of civil rights, which can be described as organizational and restorative the legal consequences, the third group ,the antitrust compulsory liquidation and reorganization of legal persons, the basis for which implementation is the systematic implementation of monopolistic activity by commercial organizations and non-profit organizations engaged in activities that bring them income

scholarly journals Continuity and Preservation of Traditional Political and Legal Institutions of the Turkic-Mongolian World in Modern Conditions

2021 ◽  
Vol 136 (3) ◽  
pp. 25-39
Author(s):  
Y. Zelenin ◽  
◽  
A. Vasiliev ◽  
Y.V. Pechatnova ◽  
◽  
...  
Keyword(s):  
National Identity ◽  
The Other ◽  
The Political ◽  
Legal Institutions ◽  
Traditional Values ◽  
Scientific Principles ◽  
The Subject ◽  
The One ◽  
External Forces ◽  
Scientific Ideas

The question of defining own national identity is a kind of prism with the help of which consideration, estimation and research of many important features of modern political and legal life of Turkic-Mongolian peoples are possible. That is why at present it is important to trace the foundations of the ideological-value factor, continuity and preservation of traditional and legal institutions of the peoples of the Turkic-Mongolian world. The aim of the study is to analyse the main scientific ideas about the degree of continuity and the possibility of preserving traditional political and legal values in the countries of the Turkic-Mongolian world in the context of globalisation. The authors have assessed the degree of study of the subject of research, highlighted the main scientific ideas, analyzed the possibility of preserving traditional values of the Turkic-Mongolian world in the context of globalization. In the course of the study, proven scientific principles of pluralism of political and legal cultures and historicism, cultural and civilizational approach, historical, hermeneutic, comparative and formal-legal methods were used. As a result of the study, the authors conclude that, on the one hand, the specific functioning of the political and legal institutions of the Turkic-Mongol world is based on the desire to maintain their independence and autonomy from the influence of external forces, but on the other hand, the imitation of Western-oriented narratives is traced with varying degrees of success

scholarly journals METODE PEMBAGIAN WARIS TERHADAP ISTRI KEDUA PERSPEKTIF KOMPILASI HUKUM ISLAM DAN HUKUM PERDATA

2019 ◽  
Vol 3 (1) ◽  
pp. 1-21
Author(s):  
Abdul Hafidz Miftahuddin
Keyword(s):  
Islamic Law ◽  
Civil Law ◽  
Third Parties ◽  
The Other ◽  
Legal Basis ◽  
Similarities And Differences ◽  
The Dead ◽  
The Law

Inheritance is a collection of regulations governing the law regarding wealth because of one's death, which is the transfer of wealth left by the dead and the consequences of this transfer for those who obtain it both in their relationship with them, as well as their relationship with third parties. The main purpose of inheritance is either in the Compilation of Islamic Law or civil law is to provide welfare and justice for heirs based on the principles and legal basis of each. The distribution of inheritance to the second wife according to the Compilation of Islamic Law and Civil Law has similarities and differences. The elements in inheritance according to the Compilation of Islamic Law and civil law are the same or hand in hand and complement each other, nothing contradicts. However, in some cases there are differences, one of which is in the division and number of parts for heirs. Also for the second wife, the two laws differ in looking at her. Islam views the second wife as being the same as the other wives as long as there are no children, but civil law views that the part for the second wife must not be more than the child of the first wife.

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