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.

International Arbitration as a Tool of Global Governance

2019 ◽  
Author(s):  
Sophie Nappert
Keyword(s):  
Global Governance ◽  
Rule Of Law ◽  
International Arbitration ◽  
The Rule Of Law ◽  
Arbitration Process ◽  
Fact Finding ◽  
Exercise Of Discretion ◽  
The Impact

It has been posited that the international arbitration process carries with it not only fact-finding and lawmaking functions but also a governance function insofar as “arbitrators … can and do engage in autonomous normative action while still adhering to the rule of law.” This contribution explores the role and ambit of the exercise of discretion by international arbitration tribunals and its interplay with the tribunals’ governance function, as arbitrators must consider “the impact of their rulings on states, persons or entities not directly represented in the case before them.” It questions whether the use of discretion is suited to the governance role of arbitral tribunals and serves, rather than compromises, the effective exercise of that role. It asks what measures ought to be considered to make arbitrators better prepared for the exercise of their governance function.

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 Korupcja naruszeniem konstytucyjnych wartości i praw obywateli

2020 ◽  
pp. 109-150
Author(s):  
Waldemar Walczak
Keyword(s):  
Social Justice ◽  
Civil Rights ◽  
Rule Of Law ◽  
The European Union ◽  
Negative Consequences ◽  
The Rule Of Law ◽  
Research Perspective ◽  
Constitutional Principle ◽  
Important Argument ◽  
The Government

The article presents multifaceted considerations and results of analyses concerning the necessity to perceive the phenomenon of corruption through the prism of a gross violation of constitutional values, the principles of the rule of law and social justice. The main focus is on discussing civic rights that are effectively eradicated by corruption, at the same time emphasizing a holistic and systemic approach to understanding and interpreting specific processes and decisions confirmed in practice. At the beginning, it is explained why a broad research perspective should be adopted to understand the essence of corruption. An important argument supporting the correctness of the adopted approach are statements contained in the Government Program for Counteracting Corruption 2018–2020. Next, the most important constitutional values and civil rights are indicated, which are not respected and remain only in the declarative sphere as a result of corrupt practices. In order to prove the illusory nature and facade of certain provisions of the Polish Constitution, important statements contained in the judgments of the Constitutional Tribunal are quoted, and then these interpretations are analyzed in relation to real situations occurring in everyday reality. These problem issues are presented from the perspective of the constitutional principle of equality before the law, social justice and non discrimination. It is also noted in this regard that corruption activities are precisely the main factor leading to the division of citizens into two separate categories according to the way they are treated. Finally, it is mentioned that in the European Union ever greater emphasis is currently being placed on compliance with the rule of law. This problem is closely related to the need to understand the negative consequences of corruption as an element that undermines trust in the state, constitutional order and the rule of law.

Corruption Capture of Local Self-Governments in Slovenia

2013 ◽  
Vol 11 (3) ◽  
pp. 615-630
Author(s):  
Jure Škrbec ◽  
Bojan Dobovšek
Keyword(s):  
Rule Of Law ◽  
Public Institutions ◽  
Economic Effects ◽  
Common Belief ◽  
Negative Consequences ◽  
Informal Networks ◽  
Local Society ◽  
The Rule Of Law ◽  
Environmental Destruction

The paper analyses how corruption affects the Rule of Law in Slovenian local self-governments through qualitative analysis of corruption cases and interviews. We discovered that corruption, its influence on local society is increasing, where everyone (especially mayors) attempts to avoid obligations and find loopholes into the law in order to benefit. There is a common belief that illegal behaviour and negative consequences to the Rule of Law is due to human greed and the role of informal networks. The main consequences are increasing levels of negative economic effects, mistrust in public institutions, inequality and environmental destruction.

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.

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