scholarly journals On controlling persons of a legal entity as subjects of the use of coercion in russian civil law

2021 ◽  
Vol 7 (3A) ◽  
pp. 120-127
Author(s):  
Maria A. Tkacheva
Keyword(s):  
Qualitative Research ◽  
Civil Law ◽  
Legal Entity ◽  
Balance Of Interests ◽  
Legitimate Interests ◽  
General Principles Of Law

This article is devoted to the problem of possibility of applying civil coercion to persons who are not directly violators of someone's rights or legitimate interests, but can influence the behavior of participants in civil legal relations and give them mandatory instructions for execution that are illegal. This is the focus of this exploratory, qualitative research. The highlighted results indicate that based on the general principles of law, these persons cannot remain outside the scope of civil coercion, since this circumstance will contribute to the abuse of rights and violation of the balance of interests of all subjects of civil law.

scholarly journals توظيف مقاصد الشريعة في أسلمة المعرفة القانونية

2014 ◽  
Vol 20 (78) ◽  
pp. 74-41
Author(s):  
عليان بوزيان
Keyword(s):  
Turning Point ◽  
Islamic Law ◽  
Civil Law ◽  
Normative Values ◽  
Legal Knowledge ◽  
Legal Systems ◽  
Legitimate Interests

تهدف هذه الدراسة إلى استثمار نظرية المقاصد الشرعية لإدراك جوهر القانون، ومحاولة التقريب والمصالحة بين نظرة الشريعة إلى المصالح الإنسانية المعتبرة، ونظرة النظم القانونية المقارنة إليها، وصولاً إلى مجموعة القيم المعيارية الحاكمة، في صياغة تشريع معياري يتناسب مع المجتمعات الإسلامية. وكشفت الدراسة عن الحاجة إلى تأسيس علم مقاصد القانون طلباً لمقاصد كلية قطعية يقْطَع بها الخلاف، فحيثما أسفر وجه الحق والعدل والمصلحة فثم مقصد القانون، ومن شأن ذلك فإن أسلمة المعرفة القانونية تمثل نقطة الانعطاف في إعادة بعث الجانب التشريعي من الشريعة، عن طريق تفعيل أدوات الفكر المقاصدي، واستثمارها في تحديد فلسفة التشريع الوضعي. This study aims to apply the theory of Islamic legal purposes to grasp the essence of the civil law, and try to converge and reconcile perspective of Sharia on the legitimate interests of people, and the comparative legal systems, to develop governing normative values that are necessary to  draft normative legislation, commensurate to Muslim societies. The study revealed the need to establish a discipline of the purposes of the civil law applied for the universal purposes that settle disagreement. Where truth, justice and interest are emerged the civil law will be there. Islamization of legal knowledge represents a turning point in reviving the legislative side of Islamic law, by using the tools of maqasid thought, to determine the philosophy of civil legislation.

scholarly journals MODERN LEGISLATION REGULATING STATUS OF LEGAL ENTITY

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 250-255
Author(s):  
K. S. Zhylkichieva ◽  
A. A. Kalybaeva ◽  
G. Zh. Koshokova
Keyword(s):  
Civil Law ◽  
Criminal Code ◽  
Civil Code ◽  
Kyrgyz Republic ◽  
Legal Entity ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Law ◽  
General Regulation ◽  
Legal Entities

The article analyzes using the normative and systematic methods, as well as analysis and synthesis, the content of the statements of Constitution of the Kyrgyz Republic, Civil Code of the Kyrgyz Republic, Criminal Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic «About Normative Legal Acts of the Kyrgyz Republic», the Law of the Kyrgyz Republic «On the Regulations of the Jogorku Kenesh of the Kyrgyz Republic» and the works of the legal scholars. It examined the provisions of laws adopted for general regulation and concludes they are serious problems, because of them there is a "blurring" of the contour of the legislation on legal entities in the article. The publication supports the opinion of the authors of the Concept for Development, according to which the regulation of the status of legal entities in the civil legal field can be characterized by a set of the laws and regula-tions in force in the Kyrgyz Republic, which do not always correspond to each other, as well as to the Civil Code. The low legal and technical level and ineffectiveness in practice are also shown by some adopted laws. It noted the Civil Code of the Kyrgyz Republic, adopted on May 8, 1996, created the new foundation for the regulation of legal entities, which was supplemented by many new laws over the next decades in the article. The authors come to the conclusion the fairly honest assessment can be applied to the established regulation – that with the main vector of development of the Concept of Civil Legislation in Kyrgyzstan, in general, there is an economic, social and well-grounded the logic and generally justifiable modern civil law in relation to legal entities. But at the same time, for many problems, correct solutions have not yet been found and no efficiency ratings have been given.

scholarly journals Concepts And Features Of The Corporate Contract

2019 ◽  
pp. 121-134
Author(s):  
R.S. Lukashov
Keyword(s):  
Civil Law ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Key Factors ◽  
Legal Entity ◽  
Legal Nature ◽  
The Subject ◽  
Definition Of ◽  
Contractual Structures

The article is devoted to the theoretical and legal analyses of the place of a corporate agreement in the system of civil contracts. The article identifies the key factors that justify a separate place of the corporate agreement among existing contractual structures of civil law. The article deals with scientific views on the concept and legal nature of the corporate agreement, outlines the subject of the corporate agreement, which is concluded between the participants of the legal entity of corporate type, as well as analyzed the latest legislation on the definition of the concept, subject and content of the corporate agreement, which is concluded between the members of the limited liability company.  

scholarly journals The Implementation of Nonprofit Principles toward Foundation Property Management

2020 ◽  
Vol 3 (1) ◽  
pp. 18-25
Author(s):  
Desi Subiyanto ◽  
Albertus Sentot Sudarwanto
Keyword(s):  
Civil Law ◽  
Supervisory Board ◽  
Governing Board ◽  
Property Management ◽  
Executive Board ◽  
Legal Entity ◽  
Legal Subject ◽  
For Profit ◽  
Not For Profit ◽  
Goals And Objectives

Foundation as a legal entity means that foundation as a legal subject has a property that is separated by civil law so that the foundation property is useful to achieve the goals and objectives of the foundation and not for profit. The nonprofit principle means that the existing capital is not processed for profit, but rather activities that benefit the community. Foundation property, whether in the form of money, goods or other properties obtained by a foundation under the Foundation Law, is prohibited from being transferred or distributed directly in the form of salaries, wages, or honoraria or other forms that can be valued in cash with Governing Board, Executive Board, and Supervisory Board. The implementation of the foundation’s principles in managing the foundation property must be adjusted to the condition of the foundation set out in the Statutes and Bylaws based on the foundation's principles which are Transparency, Accountability, and Publicity.

Part I Rationales for State Aid Rules, 4 The Legal Framework to Subsidies and State Aid Review

2016 ◽  
Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter
Keyword(s):  
National Level ◽  
Great Influence ◽  
Legal Framework ◽  
State Aid ◽  
Eu Member States ◽  
Procedural Law ◽  
Legitimate Interests ◽  
General Principles Of Law ◽  
Multi Level ◽  
Procedural Rights

This chapter assesses the legal framework of the multi-level system of State aid and subsidies control not only on the level of the EU but also on the international level—the World Trade Organization (WTO)—and the national level by EU Member States. The control of subsidies and State aids as a multi-level phenomenon has been a laboratory of design solutions for procedural law provisions, enforcement techniques, and the development of general principles of law. It is one of the fields of law which has been most influential for the development of modern public law as a multi-level legal system with several constitutionalized levels. Not only by the sheer force of numbers and issues raised, State aid and subsidies cases have had a great influence on the development of procedural rights such as defence rights. It also added to the clarification of notions of discretion, the protection of legitimate interests, and principles of equality.

Winner of the SLS Annual Conference Best Paper Prize 2011: Giving purpose to the corporate purpose debate: an Equitable Maximisation and Viability principle

Legal Studies ◽  
2012 ◽  
Vol 32 (1) ◽  
pp. 4-34 ◽  
Author(s):  
Daniel Attenborough
Keyword(s):  
High Probability ◽  
Shareholder Wealth ◽  
Academic Disciplines ◽  
Annual Conference ◽  
Legal Entity ◽  
Corporate Objective ◽  
Normative Principle ◽  
Legitimate Interests

Over the years, there has been an explosion in the mainstream scholarship of various academic disciplines on the issue of the appropriate corporate objective, which has been framed by a debate between the shareholder wealth maximisation and stakeholder-orientated theories. Behind the two paradigms is a complex set of controversies on which there exists wide disagreement. What is certain is that the prevailing theories have obvious normative and/or practical limitations and neither is to be extolled as an affirmative theory, for different reasons. The purpose of this paper is to cut through the consequent knot of partial and inaccurate dialectic in order to develop a positive normative principle of the corporate objective. This will be referred to as the Equitable Maximisation and Viability principle. The objective of the corporation as a separate legal entity should be to: (i) respect, protect, and fulfil the demonstrable, legitimate interests and expectations of the constituent groups that contribute to the corporation; and (ii) to facilitate the corporation's viability so that its future is guaranteed with sufficiently high probability. This theory is justifiable on the basis of the values of equality and efficiency.

Jeszcze w sprawie wielostronności, kauzalności i braku wzajemności umowy spółki cywilnej

2018 ◽  
Vol 72 ◽  
pp. 221-243
Author(s):  
Michał Możdżeń-Marcinkowski ◽  
Robert Rykowski
Keyword(s):  
Potential Application ◽  
Legal Status ◽  
Civil Law ◽  
Legal Regulation ◽  
Political Transformation ◽  
Law Firm ◽  
Legal Entity ◽  
Economic Context ◽  
Civil Partnership ◽  
Legal Nature

By this article authors have opportunity to take part in the discussion on multilateralism, causality and non-reciprocity of civil partnership agreements in Polish legal regulation. The article provides an in-depth, normative analysis of the legal nature of a so called “civil law company” in the context of its complex, practical and theoretical organizational nature. Authors took up the civil law firm as a legal entity. As a result of the changed legal and economic context in Poland after the period of political transformation, it became necessary to redefine many issues. An example of this is the discussion on the legal status of a civil partnership as well as the controversy about its qualification as an entrepreneur or as an organization. The intention of the authors is to try to draw attention to the fact that, with such diversity of potential application of a civil law partnership in business, the maintenance of one broad regulation, which is currently included in Art. 860–875 of Polish Civil Code is non-functional.

The Principle of Solidarity in the Civil Law of Russia

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Дмитрий Богданов ◽  
Dmitriy Bogdanov ◽  
Евгений Богданов ◽  
Evgeniy Bogdanov ◽  
Елена Богданова ◽  
...  
Keyword(s):  
Civil Society ◽  
Formation Process ◽  
Social System ◽  
Civil Law ◽  
Atomic Unit ◽  
Centrifugal Forces ◽  
Balance Of Interests ◽  
Entire Society ◽  
Centripetal Forces

The present work reveals the content of the principle of solidarity in civil relations. The principle of solidarity reflects interests of society and an individual as a single social system that allows one to form relationships between the members of society based on solidarity and not on individualism, when pursuing profit making and own interests the interests of both society and the contract partners are ignored. In case there are individualism and selfishness in society centrifugal forces operate, what pulls apart society into some (atomic) unit. But if there are the interests of solidarity then centripetal forces operate, that unites society, integrates the interests of the members of society and of the entire society. It allows reaching not only the balance of interests between the partners in the agreement, but also equilibrium and stability in society. Therefore, the principle of solidarity is of particular importance for the formation process of civil society.

scholarly journals Substitution of debtor in obligatory legal relationships

1970 ◽  
pp. 188-195
Author(s):  
Ievgen Riabokon
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Basic Factor ◽  
Wide Area ◽  
Legal Entity ◽  
Critical Attitude ◽  
Judicial Practice ◽  
The Subject ◽  
Mutual Obligation ◽  
Property Complex

The author pays attention to the issues of the dynamics of obligatory relationships, providing the possibility of their participants’ substitutions. It is noted that the content of the current civil legislation of Ukraine creates grounds for identifying the notions of “substitution of the debtor in the obligation” and “transfer of debt”, which is unacceptable. The author draws a distinction between these notions, alleges that the transfer of debt is only one of the reasons for the substitution of the debtor in the obligation.        Due to the fact that a basic factor that resulted a perception of the synonymy of the notions “replacement of debtor” and “translation of debt” is an imperfect formulation of Art. 520 of Civil Code of Ukraine, in a perspective legislation it is necessary substantially to extend the grounds of replacement of debtor in an obligation.        It is expedient to define in text of this norm, which one legal facts, that entail legal succession, also result in replacement of debtor in an obligation. These facts may include: inheritance, reorganization of legal entity by confluence, joining, division and transformation, allotment that is not the type of reorganization by the law, agreement on transfer of debt.      The grounds for replacing the debtor (in part of transferring debts) should be considered a transfer of contract providing for the transfer of rights and obligations in a mutual obligation; acquisition of rights of the enterprise as a single property complex, which may include debts under part 2 of Art. 191 Civil Code of Ukraine; changing the owner of the thing that is the subject of the contract, as a result of which the acquirer becomes the assignee of the party both in terms of rights and duties (part 4 of article 358, part 1 of article 770 of the Civil Code of Ukraine); other grounds defining features of the succession of obligations.          A critical attitude was expressed regarding the expediency of introducing into civil law such a ground for replacing a debtor as accepting a debt. It is argued that acceptance of a debt can be understood as an extremely wide area of different legal relationships, that could be associated with substituting the previous debtor with a new one and causing succession, or aiming at changes in the subjects, not connected with the substituting of the debtor and not causing the emergence of the succession. Attention is paid to the peculiarities of judicial practice in the field of application of the legislation on the substitution of a debtor in obligations.

scholarly journals Administrative Legal Entities of Private Legal Entities as a Status Component of the Legal Regulation Mechanism: Characteristics of Elem

2019 ◽  
pp. 91-95
Author(s):  
V.V. Sukhonos
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
Regulation Mechanism ◽  
Private Law ◽  
Legal Capacity ◽  
Legal Entity ◽  
Legal Personality ◽  
The Subject ◽  
Legal Entities

The article is devoted to administrative legal personality, which is part of the structure of the administrative-legal personality of private legal entities. At the same time, it is argued that, on their own, the rules of law cannot influence the behavior of their addressees, therefore the only instrument by which legal regulation is used to help ensure such influence is the mechanism of legal regulation within which the functions of law are implemented, and specific life situations are addressed. It is noted that, like any state mechanism, the mechanism of legal regulation consists of the relevant elements, namely: norms of law, legal relations, and acts of realization of rights and obligations. Thus, we can conclude that the disclosure of the features of the mechanism of legal regulation is possible only if a thorough study of its elements. Thus, each state that there is no language and there can be no legal regulation, which in its nature and nature is different from other types of regulation. It should also be remembered that, at its core, legal regulation is not material but is done through the consciousness and will of the people. It is perfect. However, any ideal process cannot occur without the participation of matter. Based on all the above, it can be stated that one of the constituent parts of the mechanism of legal regulation is legal relations. It should be remembered that public relations also have an internal structure to which the subject, object, and content relate. However, the absence of at least one of the elements of the relationship automatically complicates, or even precludes their very existence. The same rule applies to the mechanism of legal regulation. Thus, the study of each of the components of the mechanism of legal regulation has the same scientific significance and importance as the study of the mechanism itself. Therefore, if we conduct a study of administrative-legal personality, then it must take into account its place and the impact on legal regulation as a whole. Legal personality nowadays also exists in administrative law, although the very concept of “legal personality”, as a certain characteristic of a legal entity, originally originated in civil law. However, it should be remembered that the method of administrative law is significantly different from civil law, and therefore the use of civil law expertise in the field of legal personality should be used with extreme caution. In his desire to ensure state control and the possibility of applying state coercion, the legislator adapted the rules of public law to the construction of a legal entity of private law. On this basis, it should be noted that different types of legal entities under private law would have different levels of administrative capacity. That is why the legal capacity of legal persons under private law can be recognized as administrative law, both social and legal capacity, and the need to be the subject of administrative-legal relations. Keywords: administrative-legal personality, legal entity, private law, mechanism of legal regulation.

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