scholarly journals Legal fact as the grounds of real rights termination to someone else's things

2021 ◽  
pp. 147-151
Author(s):  
O.V. Ilkiv
Keyword(s):  
Civil Law ◽  
Legal Regime ◽  
Real Right ◽  
Legal Relationship ◽  
Legal Nature ◽  
The Will ◽  
Administrative Act ◽  
Legal Fact ◽  
Theoretical Foundations ◽  
Legal Consequences

The article is devoted to the study of the grounds for the cessation of real rights to foreign things in order to further develop the theoretical foundations for the settlement of the transition of real rights.  The foundations of the emergence of legal relations are analyzed, the elements of which are real rights to foreign things, and the legal facts of their termination are compared.  The article describes the will of the subjects of real relations on termination of real rights as a dispositive factor, as well as comparative orders relating to circumstances that are not based on a contractual basis.  The contract may be a legal fact that is the basis of the emergence of obligatory and real legal relations.  The grounds for the emergence and termination of real relations are largely dependent on the peculiarities of the object, the real relations and the purposes of their use, where depending on the type of real rights to foreign things will be determined by their legal regime.  The legal relationship that arises on the basis of the contract is mixed in nature, covering the obligatory and real legal nature of its components.  Investigated that the administrative act of the authority of power can not act as a direct basis for the termination of real relations that arose on the basis of the contract without its termination.  Therefore, the administrative act recognize the element of the legal composition, which ends with the termination of contractual relations.  The refusal to use someone else's property should be considered as a subjective real right of any subject of real rights, which is given this civil law.  The author came to the conclusion that in the event of the occurrence of the circumstance provided for a hypothesis of the legal norm, it can be considered as a legal fact, which is associated with the termination of real relations.  The legal consequences of the mechanism of law accession are the appointment of certain rights and responsibilities of participants in civil legal relations or legal relations as a whole.  In view of this, in the work it is proposed to improve the classification division of the grounds of termination of legal relations with strangers.

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.

scholarly journals The Legal Nature of Force-Majeure

2021 ◽  
Vol 07 (11) ◽  
Author(s):  
Kholmurod Ruzievich Isanov ◽  
Keyword(s):  
Legal System ◽  
Use Of Force ◽  
Legal Systems ◽  
Legal Relationship ◽  
Force Majeure ◽  
Legal Nature ◽  
National Legal System ◽  
The Will ◽  
Legal Consequences

This article analyzes the legal nature of the force majeure in the system of legal relations. The will of the parties to a force majeure legal relationship, as a sudden or unavoidable event or situation involving their will, affects the rights and obligations between them and has certain legal consequences, the whole system of legal relations has also been examined as the basis for exemption from liability or exclusion of liability. Approaches have also been explored in distinguishing a situation that led to harm as a risk (risk) or force majeure situation in determining liability for breach of obligation. The conditions for the use of force majeure in the continental and general legal systems are analyzed, and scientific conclusions are drawn on its legal nature and its role in the national legal system.

On the Ratio of Decisions, Deals and Consents

2021 ◽  
pp. 41-47
Author(s):  
Zarubin A. V. ◽  
Keyword(s):  
Civil Rights ◽  
Theoretical Basis ◽  
Comparative Method ◽  
Civil Law ◽  
Distinctive Features ◽  
Positive Law ◽  
The Will ◽  
Adoption Decisions ◽  
Legal Fact ◽  
Legal Consequences

Introduction. Сivil legislation has been supplemented with norms regulating relations regarding the adoption of decisions by civil law communities, which are the reason for the emergence of civil rights and obligations. Nevertheless, there is still uncertainty in science about whether decisions can be considered independent legal facts or whether they are a kind of transactions or consents. Theoretical Basis. Methods. The article is based on an analysis of the norms of positive law, primarily – Civil Code of Russian Federation. Using the comparative method, common and distinctive features of decision, transaction and consent institutions are identified. The method of classification and systematization is used to describe them. Results. As a result, the author comes to the conclusion about the different nature of the studied institutions. The will of the party to the transaction is aimed at generating legal consequences for themselves personally. These consequences occur as a result of the transaction. A member of the community, giving his vote, forms a decision that will have consequences not for him personally. In addition, the vote may end with a decision that the community member did not expect. The will of the party to the transaction is absolute. The party itself determines whether to enter into a relationship or not, what the terms of the transaction will be, and so on. At the same time, the will of the participant in determining the final type of decision is very limited. As a rule, voting is carried out on pre-defined questions, and the answer to them is limited to the answers «yes» or «no». Common to transactions and decisions is the possibility provided for by law of calling them invalid. However, both the grounds and consequences of invalidity differ. Unlike transactions, decisions are not subject to convalidation, but their flaws can be corrected by repeated adoption. Decisions also differ from consents. The consents is aimed only at transactions, whereas the decisions have a much greater field of action, including the transaction. Consent – are acts of attached will and the decisions – are act of the consolidated will. Discussion and Conclusion. The decision is a special and independent legal fact, which differs from transactions and consents in its subject composition, the nature of the expressed will and its direction, as well as the consequences of invalidity and the possibility of healing.

scholarly journals The Legal Regime of Basic Multiplicities in Bankruptcy Proceedings

Lex Russica ◽  
2021 ◽  
pp. 17-29
Author(s):  
D. O. Osmanova
Keyword(s):  
Civil Law ◽  
Legal Regime ◽  
Legal Form ◽  
Corporate Group ◽  
Interdependent Network ◽  
Legal Relationship ◽  
Legal Nature ◽  
The Future ◽  
Bankruptcy Procedure ◽  
The Moment

The paper substantiates the position that the entrepreneurial market is no longer a collection of individual participants one way or another interacting with each other through voluntary communication "clothed" in a legal form, but a potentially interdependent network, the presence of which is found in the conditions of a property crisis of one of its elements. In this vein, the bankruptcy procedure is an arena for the collision of multidirectional interests of multiplicities discovered in this process, the most important of which are the unions of the meeting of creditors. They engage persons included, together with the debtor, in a corporate group, qualified by the author as multiplicities of simple partnerships. These partnerships have a specific purpose, they arise at the moment of capital pooling (initiated by a corporate group) or objective bankruptcy (initiated by independent creditors), they are endowed with a certain amount of powers within the framework of the bankruptcy procedure with due regard to the specifics of their status and they cease to exist at the moment of an actual achievement of the set goal, which is not always connected with the termination of the trial. A feature of the studied varieties of a simple partnership is the predominant involuntary association of its participants when they are forced to interact with each other due to the insolvency of their counterparty. The uniqueness of this type of a partnership is manifested, among other things, in the form of a contribution to such a partnership, since, entering into civil law relations at the time of the objective solvency of the future debtor, his counterparties do not realize that their reciprocal contribution under the obligation is nothing more than "contribution" to the property (potentially bankruptcy) assets of the future partnership that arises at the time of actual bankruptcy of the person with whom they enter into a legal relationship. In addition, the author demonstartes the need to clarify the legal nature of this type of partnership, of which the debtor and related persons are members, in order to prevent the latter from participating in the bankruptcy process along with the debtor's independent creditors.

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. 

scholarly journals THE EXPRESS WILL OF A PATIENT: TYPOLOGY BY NATURE OF ITS ORIGIN

2017 ◽  
Vol 1 (9) ◽  
pp. 78
Author(s):  
Liga Mazure
Keyword(s):  
Medical Treatment ◽  
Legal Status ◽  
Comparative Method ◽  
Civil Law ◽  
Classification Criteria ◽  
Regulatory Framework ◽  
Legal Practice ◽  
Historical Method ◽  
Legal Nature ◽  
Legal Consequences

The patient's express will, in accordance with the nature of its origin, could be categorized into initial and derivative express will. However, the regulatory framework is insufficient in Latvia, considering the significance of these institutes in the civil-law protection of the patient's express will and their specificity of different legal nature.The aim of the research is to carry out the analysis of the patient's express will types according to the nature of origin, to determine regulatory gaps and propose certain solutions for the elimination of the identified gaps. In order to achieve the aim, the following objectives are set: 1) to analyse the patient's express will classification according to various classification criteria; 2) to study legal nature of patient's consent; 3) to assess patient's refusal of a medical treatment and its legal consequences; 4) to analyse withdrawal by a patient as a derivative express will. The following research methods are applied in the paper: semantic method; grammatical method; historical method; comparative method; systemic method; teleological method. Research hypothesis: if all the patient’s express will types based on the nature of origin are regulated in detail, the legal status of a patient in medical treatment legal relations will be improved and stabilized. Literature, regulatory acts and legal practice materials are applied in the research as information resources.The author has developed the principles regarding the patient's express will types based on the nature of origin, which are in accordance with the legal system of Latvia and should be implemented in the regulatory framework, thus improving the civil law protection of patient's express will.

THE MEANING OF INTEREST IN OBLIGATIONS LEGAL RELATIONSHIP

2018 ◽  
Vol 1 (1) ◽  
pp. 21-32
Author(s):  
Владимир Анисимов
Keyword(s):  
Civil Law ◽  
Legal Relationship ◽  
Legal Nature ◽  
Law Regulation

The article is devoted to the topical questions of establishing the legal nature of interest and its role in civil law regulation of obligations, it also deals with the questions of the content of interest of each part of the obligation and the ways of their enforcement in the norms of civil law. It is concluded that the interest is the basis for the differentiation of civil law regulation of obligations.

scholarly journals National And Foreign Experience In Determining The Conclusion Of Civil Law Contracts

2021 ◽  
Vol 3 (05) ◽  
pp. 22-28
Author(s):  
Abdullayev Nurulla Abdulla O'g'li ◽  
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Civil Code ◽  
Foreign Experience ◽  
Freedom Of Contract ◽  
Specific Event ◽  
The Will ◽  
The Republic ◽  
Legal Fact ◽  
Market Relations

The emergence of rights and obligations between citizens and legal entities is based on a specific event or phenomenon. Such events are called legal facts in civil law. Article 8 of the Civil Code of the Republic of Uzbekistan lists the types of such legal facts, according to which civil rights and duties arise from contracts and other agreements provided by law, as well as from contracts and other agreements that do not contradict the law. The contract and its structure are the basis for the creation of civil rights and obligations as a legal fact. The conclusion of a contract is primarily an expression of the will of the parties. [3] This article describes in detail the concept of contract and its importance in the context of market relations, the types and content of contracts, the conclusion of contracts, freedom of contract.

Some Aspects of the Court Protection of Family Rights and Interests

2020 ◽  
Vol 27 (1) ◽  
pp. 71-83
Author(s):  
Hanna Churpita
Keyword(s):  
Family Relations ◽  
Scientific Article ◽  
Stage Of Development ◽  
Legal Relation ◽  
Legal Relationship ◽  
Legal Nature ◽  
Rights And Interests ◽  
Legal Fact ◽  
The Right ◽  
Judicial Protection

The scientific article is devoted to some aspects of judicial protection of family rights and interests. At the present stage of development of society, one of the priority areas of public policy in Ukraine is the protection of family rights and interests. Achieving this goal is ensured through various legal means, among which a special place is occupied by judicial protection. In connection with the duplication of the list of methods of judicial protection in family and civil legislation of Ukraine, one of the problems that attracts attention is the ratio of methods of civil and family protection, as well as clarifying the possibility of applying civil legislation to regulate family relations. Therefore, the purpose of this scientific article is to analyse the problematic aspects of family law and civil law regulation of judicial protection of family rights and interests. As a result of the study, it is substantiated that the only mandatory prerequisite for establishing a legal relation by a court decision is the prior establishment by a court of a relevant legal fact as a basis for the emergence, change or termination of the legal relationship. In view of this, the court, except for cases of adoption, as well as the establishment of a separate residence on the application of spouses, protects family rights and interests in a separate proceeding not by establishing a legal relationship, but by confirming the presence or absence of legal facts, which are the basis for its occurrence, change or termination. It is established that the legislator's regulation of such special methods of judicial protection of family rights and interests as establishing a legal relationship and its annulment is due to the special legal nature of family legal relations, which does not exclude the possibility of “subsidiary application” to protect the rights and interests of their subjects using civil protection methods (recognition of the right and invalidation of a transaction).

An Enterprise as an Object of Civil Rights in Subsoil Use: Challenges and Perspectives

2018 ◽  
pp. 108-116
Author(s):  
V. V. Levochko
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Civil Law ◽  
Legal Regime ◽  
Legal Form ◽  
Distinctive Features ◽  
Logical Approach ◽  
The Right ◽  
Legal Consequences

An enterprise as a holder of civil rights is a universal legal construction. When the I Part of the RF Civil Code was adopted, it was assumed that the enterprise would be the main participant of civil law transactions of the business. However, the introduced legal regime of the enterprise did not meet expectations. The study of theoretical standpoints with respect of the legal essence of the enterprise as a holder of civil rights shows the lack of unanimity of opinions among contemporary representatives of civil law. The most justified and logical approach to the development of legislation in this matter involves determination of a generic category "proprietary complex" and introduction of distinctive features in relation to its types, including the enterprise. The subsoil legislation and relevant jurisprudence analysis justifies the prospects for using the enterprise as a party to civil transactions in the subsoil use sphere, since its legal design allows to combine diverse property rights for their effective circulation, which, to a certain extent, will solve the problem of separate legal consequences for the rights to a subsoil plot and property inseparably attached to it, as well as the problem of the legal form of transfer of the right to subsoil use in certain cases.

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