scholarly journals Transfer of ownership on the basis of a sales agreement: some legal nuances

2021 ◽  
pp. 130-135
Author(s):  
M.M. Gudima
Keyword(s):  
General Rule ◽  
Legal Regulation ◽  
Civil Code ◽  
The Other ◽  
Important Argument ◽  
General Part ◽  
The Moment

The publication is devoted to the analysis of some legal nuances of the transfer of ownership under a sales contract. First, the article describes the general characteristics of contracts aimed at the transfer of ownership and determines the place of a sales contract in their system. It is further established that the moment of transfer of ownership on the basis of a sales contract is not always tied to the time of the contract conclusion. Some special norms on the transfer of ownership, which are contained in the general provisions on purchase and sale, are analyzed and their limitations and superficiality are revealed. The absence of special legal regulation stipulated an appeal to the General Part of the Civil Code of Ukraine, where the general rule enshrines the practice of recognizing the moment of acquisition of ownership at the time of transfer for all contracts. Therefore, the paper further analyzes the requirement that the seller’s obligation to transfer the thing is considered fulfilled, which raised doubts about the success of the legislator to give such importance to the transfer while investing only one-sided meaning. Since the position is expressed and substantiated that the transfer of ownership cannot occur at the time of transfer of the goods by the seller, but in case of non-acceptance by the buyer. An important argument in favor of the latter thesis is the legislator’s diverge of the provisions on the transfer of ownership and the transfer of the risk of accidental destruction or accidental damage to goods in certain rules, correctly assuming the possibility of mismatch of the above moments. The publication emphasizes that even taking into account the moment of acceptance of the goods by the buyer when determining the moment of transfer of ownership is not always able to solve practical problems that may arise during the transfer of ownership under a sales contract, therefore, a conclusion is formulated on the need to revise the general legislative approach to determining the moment of transfer of ownership and its binding not to a unilateral act (transfer of the thing), but to the moment of action by the other party to the contract aimed at its goal achieving. Given that a sales contract is paid, it is determined that the moment of transfer of ownership should be considered the moment of receipt of counter-satisfaction by the counterparty under the contract (the buyer’s payment of the price for the purchased thing).

scholarly journals LEGITYMACJA FORMALNA JAKO INSTYTUCJA PRAWA ZOBOWIĄZAŃ

2017 ◽  
Vol 3 (2) ◽  
pp. 253
Author(s):  
Aleksandra Bielecka-Dobroczek
Keyword(s):  
General Rule ◽  
Civil Code ◽  
The State ◽  
General Part ◽  
The Law

Formal Capacity in the Law of ObligationsSummaryThe author of this article presents the principles of identification of the person to whom a debtor can pay in order to free himself from the obligation. According to the general rule the debtor performs his obligation by satisfying the creditor that is personally known to him. It is not possible however in case of an alienation of the debt. In such a situation the person demanding payment of the debt must prove his right to the debtor, unless there were certain formal indications letting the debtor free from an obligation by paying him. Such formal indications are used mainly in securities which are easily saleable, but also can be met in the general part of the obligation law (for example in articles 464 and 512 of the Civil Code). In case of securities they result from the content of the document which indicates the person entitled to be considered a creditor in three ways: it may contain his name and is alienated by an assignment, they may be securities upon a mandate alienated by an endorsement or securities to a bearer.In public trading securities are submitted to dematerialization and they do not exist as documents, so they lose their „identifying function”, which is gained by securities accounts and depositary certificates showing the state of the account. 

System of punishments for the minors: the ways of improving

2021 ◽  
pp. 94-98
Author(s):  
D. Kryklyvets
Keyword(s):  
Legal Regulation ◽  
Public Works ◽  
The Other ◽  
Criminal Offence ◽  
Criminal Proceedings ◽  
Its Analysis ◽  
Special Part ◽  
General Part ◽  
Stated Problem

The research deals with the standing system of punishments for minors and its analysis in the context of cases when it is impossible to appoint any of the punishments, foreseen by sanction. The author arrives at the conclusion that the stated problem is related to the legal regulation of the General Part of the CC of Ukraine provisions, as far as it is the General Part of the CC of Ukraine that regulates the kinds, terms and amounts of the punishments for the minors, so that the legislator shall not go beyond these limits while constructing the sanctions of the Special Part of the CC of Ukraine articles. The author deals with the different ways of solving this problem. The first way is to broaden the application of imprisonment for the certain term to the minors in the similar cases, particularly combining it with the exemption from serving the punishment on probation under Articles 75–78, 104 of the CC of Ukraine. At the same time, the author underlines that imprisonment for the certain term is one of the severest punishments, consequently it shall be appointed not in every criminal proceedings, as far as in such case the appointed punishment shall not correspond the severity of criminal lawbreaking, as well as it shall not take into account the person of guilty. The second way is the legal regulation of substituting the appointed punishment. In fact, it goes about supplementing the sanction with the other alternative kinds of punishments. At the same time, this variant does not solve the problem completely, as far as it can`t be applied in case of committing the criminal offence. The author substantiates the conclusion that solving this problem requires the more versatile approach, so that the problem should be solved in the context of improving the system of punishments that shall be applied to the minors. As a result, the author suggests certain improvements, in particular it goes about broadening the sphere of applying the punishments of public works and restriction of liberty, as well as about involving the minor convicts in the other educational measures.

On Mortality Fluctuations

1875 ◽  
Vol 18 (6) ◽  
pp. 416-428
Author(s):  
James R. Macfadyen
Keyword(s):  
General Rule ◽  
The Other ◽  
Know How ◽  
The Moment ◽  
Theoretical Side

There is nothing immutable in this world, and certainly life companies are no exception to the general rule; for in them, from year to year, we find fluctuations of every kind—in amount of new assurances—in expenses of management—in value of assets—in realized interest—in the death claims—in fact, in every branch and item of their business. Of all these variations there is none so important as that concerning the mortality experienced. The fluctuations in the other elements of a life office's affairs are trifling as compared with this, and can without difficulty be prepared for. But in the perturbations of the death claims from year to year, we are dealing with a matter that cannot be calculated on in advance —an element which, if violent, may endanger the safety of the company itself; and, even when this is not the case, will often prove a serious inconvenience to it. I have called violent mortality fluctuations inconvenient to a life office. To men acquainted with the practical as well as the theoretical side of assurance, the word will not seem exaggerated. They, at least, know how important it is that the bonus to policyholders and the dividend to shareholders, do not retrograde. The moment the bonus tide begins to ebb, there is an outcry; and variations in the mortality may thus create disgust in those already connected with an office, and at the same time add another difficulty to the already sufficiently difficult task of its agents and canvassers.

scholarly journals LEGAL SYSTEM, SYSTEMATIC LAW, SYSTEMIC APPROACH IN LAW AND THE CATEGORIES OF GENERAL, PARTICULAR AND INDIVIDUAL

2020 ◽  
pp. 20-30
Author(s):  
E.A. Kulikov
Keyword(s):  
Augmented Reality ◽  
Rule Of Law ◽  
Legal System ◽  
General Rule ◽  
Legal Regulation ◽  
The Other ◽  
Positive Law ◽  
Closed Systems ◽  
The One ◽  
The Individual

The article is based on the interconnection of the systemic method of cognition of legal phenomena, thespecifics of the legal “augmented” reality and the categories of the general, special and singular. Consistencyin law manifests itself in the process of ascent from the abstract to the concrete — from extremely generallegal phenomena and concepts to individual legal phenomena and concepts. The dialectic of the general,the particular and the individual is also based on this. The general rule of law receives a specification in thesystemic nature of positive law, which, in turn, is reflected in the elements of positive law. General conceptsof the elements of the system of law, for example, branches of law, on the one hand, are universal for theconcepts of special phenomena within the framework of branch sciences, on the other hand, due to the lawsof the categories of general, particular and individual, they subordinate the meanings of these concepts.Sectoral concepts should be meaningfully fit into general theoretical ones, in principle they cannot disagreewith them, otherwise they will not be related as general and special. Ignoring the dialectics of the general,the particular and the individual, as the logic of existence and development inherent in closed systems, canlead to a distorted reflection of reality and defects in legal regulation.

Contract Negotiations (Concept, Legal Regulation, Rules)

2016 ◽  
Vol 4 (10) ◽  
pp. 0-0
Author(s):  
Марина Малеина ◽  
Marina Maleina
Keyword(s):  
Russian Federation ◽  
Mixed Type ◽  
Legal Regulation ◽  
Civil Code ◽  
The Other ◽  
Confidential Information ◽  
Contract Negotiations ◽  
Meeting Room ◽  
The Future ◽  
The Russian Federation

The article describes the two orders of the contract negotiations: non-contractual procedure based on the provisions of Civil Code of the Russian Federation, and the contractual order with the help of an agreement on the procedure for negotiating. Above agreement can be of three types: the agreement on the procedure for negotiating, the agreement on the content of the future treaty, the agreement of the mixed type. Regardless of the order of negotiation grounds for damages of losses are unfair negotiations, including disclosure of confidential information transmitted by the other party or use confidential information improperly for its own purposes, as well as the unfair termination of negotiations. The amount of damages includes the costs incurred by the other party in connection with the contract negotiations (rent for the meeting room, translation fees, the preparation of the main contract of the project), as well as for the loss of opportunity to conclude a contract with a third face.

Оскарження рішень, дій чи бездіяльності публічної адміністрації як вид гарантії забезпечення надання публічних послуг у судовому порядку

2019 ◽  
Vol 24 ◽  
Author(s):  
О. В. Бойко
Keyword(s):  
Public Administration ◽  
Judicial Review ◽  
Public Services ◽  
Legal Regulation ◽  
Scientific Article ◽  
Preliminary Stage ◽  
The Law ◽  
The Moment ◽  
Court Hearing

The scientific article identifies the peculiarities of appealing the decisions, actions or omissions of public administration subjects on the provision of public services at the stage of initiation and preparation for judicial review of an administrative case. The author substantiates the feasibility of improving the legal regulation of the procedure for holding a preliminary hearing before the court hearing of the case. In particular, it is considered expedient to set the terms of the preparatory meeting from the moment of receipt of the administrative claim, as well as to determine the cases when the parties are not reconciled.It is established that the preliminary stage of the court hearing often ends with the conclusion of the preliminary proceedings and the appointment of the case to trial in the field of public services. This is not against the law. However, it should be borne in mind that in accordance with Art. 121 of the CAS of Ukraine such a decision is delivered by the consequences of preparatory proceedings, not the previous court hearing. Obviously, preparatory proceedings are not limited to, and do not always end at, a previous court hearing. Preparation may continue after a preliminary hearing. Therefore, the decision to close the preliminary proceedings and assign the case to trial after the consequences of the previous court hearing can only be made if the judge has taken all the measures necessary to hear the case. If during a previous court hearing in the field of public services, to which all persons involved in the case have arrived, the issues necessary for its consideration have been resolved, then, with the written consent of these persons, a court hearing may be initiated on the same day. In this case, the termination order is also delivered.

From the “Judicialization of Politics” to the “Politicization of Justice” in the UK and Switzerland

2016 ◽  
Vol 6 (2) ◽  
pp. 118-135
Author(s):  
Lucia Della Torre
Keyword(s):  
General Rule ◽  
The State ◽  
The Other ◽  
Specific Field ◽  
Widespread Phenomenon ◽  
Judicialization Of Politics ◽  
The Uk ◽  
Migration Law

Not very long ago, scholars saw it fit to name a new and quite widespread phenomenon they had observed developing over the years as the “judicialization” of politics, meaning by it the expanding control of the judiciary at the expenses of the other powers of the State. Things seem yet to have begun to change, especially in Migration Law. Generally quite a marginal branch of the State's corpus iuris, this latter has already lent itself to different forms of experimentations which then, spilling over into other legislative disciplines, end up by becoming the new general rule. The new interaction between the judiciary and the executive in this specific field as it is unfolding in such countries as the UK and Switzerland may prove to be yet another example of these dynamics.

The Final ‘Thank You’

Derrida Today ◽  
2010 ◽  
Vol 3 (1) ◽  
pp. 21-36
Author(s):  
Grant Farred
Keyword(s):  
South Africa ◽  
South African ◽  
Jacques Derrida ◽  
Political Transition ◽  
The Other ◽  
World Cup ◽  
The Core ◽  
Nelson Mandela ◽  
Black President ◽  
The Moment

‘The Final “Thank You”’ uses the work of Jacques Derrida and Friedrich Nietzsche to think the occasion of the 1995 rugby World Cup, hosted by the newly democratic South Africa. This paper deploys Nietzsche's Zarathustra to critique how a figure such as Nelson Mandela is understood as a ‘Superman’ or an ‘Overhuman’ in the moment of political transition. The philosophical focus of the paper, however, turns on the ‘thank yous’ exchanged by the white South African rugby captain, François Pienaar, and the black president at the event of the Springbok victory. It is the value, and the proximity and negation, of the ‘thank yous’ – the relation of one to the other – that constitutes the core of the article. 1

Macaronics as What Eludes Translation

Paragraph ◽  
2015 ◽  
Vol 38 (2) ◽  
pp. 214-230
Author(s):  
Haun Saussy
Keyword(s):  
Print Culture ◽  
The Other ◽  
Digital Code ◽  
Avant Garde ◽  
The Moment

‘Translation’ is one of our all-purpose metaphors for almost any kind of mediation or connection: we ask of a principle how it ‘translates’ into practice, we announce initiatives to ‘translate’ the genome into predictions, and so forth. But the metaphor of translation — of the discovery of equivalents and their mutual substitution — so attracts our attention that we forget the other kinds of inter-linguistic contact, such as transcription, mimicry, borrowing or calque. In a curious echo of the macaronic writings of the era of the dawn of print, the twentieth century's avant-garde, already foreseeing the end of print culture, experimented with hybrid languages. Their untranslatability under the usual definitions of ‘translation’ suggests a revival of this avant-garde practice, as the mainstream aesthetic of the moment invests in ‘convergence’ and the subsumption of all media into digital code.

Computational and experimental studies of the strength of full-scale samples of pipes with defects "metal loss" and "dent with groove"

2020 ◽  
Vol 10 (3) ◽  
pp. 226-233
Author(s):  
Dmitry A. Neganov ◽  
◽  
Victor M. Varshitsky ◽  
Andrey A. Belkin ◽  
◽  
...  
Keyword(s):  
Internal Pressure ◽  
Experimental Studies ◽  
Full Scale ◽  
The Other ◽  
Metal Loss ◽  
Calculation Methods ◽  
Reliable Operation ◽  
Sufficient Stability ◽  
Comparative Results ◽  
The Moment

The article contains the comparative results of the experimental and calculated research of the strength of a pipeline with such defects as “metal loss” and “dent with groove”. Two coils with diameter of 820 mm and the thickness of 9 mm of 19G steel were used for full-scale pipe sample production. One of the coils was intentionally damaged by machining, which resulted in “metal loss” defect, the other one was dented (by press machine) and got groove mark (by chisel). The testing of pipe samples was performed by applying static internal pressure to the moment of collapse. The calculation of deterioration pressure was carried out with the use of national and foreign methodical approaches. The calculated values of collapsing pressure for the pipe with loss of metal mainly coincided with the calculation experiment results based on Russian method and ASME B31G. In case of pipe with dent and groove the calculated value of collapsing pressure demonstrated greater coincidence with Russian method and to a lesser extent with API 579/ASME FFS-1. In whole, all calculation methods demonstrate sufficient stability of results, which provides reliable operation of pipelines with defects.

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