scholarly journals A Brief Assessment of the Main Commercial Contracts under the New Romanian Civil Code

2020 ◽  
Vol 20 (2) ◽  
pp. 274-289
Author(s):  
Dan Velicu
Keyword(s):  
European Union ◽  
Civil Code ◽  
Private Law ◽  
Legal Systems ◽  
The European Union ◽  
Short Article ◽  
Brief Assessment ◽  
Commercial Code ◽  
New Institutions ◽  
General Regulation

Summary From 2011 Romania has a new Civil Code. Although the government’s initiative was to unify the private law according to the model of the Italian Civil Code of 1942 by repealing the Commercial Code of 1887, the new Civil Code only succeeded in putting together civil rules and commercial rules, the latter being relocated from the former Commercial Code. Obviously, an exhaustive analysis of the new Civil Code is impossible in the frame of a short article. That’s why the author of this study tries to evaluate the new Civil Code regulation by focusing on the main commercial contracts. Some general civil rules that are traditionally applied for centuries in most of the European continental legal systems (e.g. ownership concept, warranty for defects, the buyer’s duty to pay the price etc) will be premeditatedly neglected or just shortly approached. The commercial contracts are very important in the field of the international commercial relations – even between the borders of the European Union –, when in many cases the parties agree that the national law will govern the contract. The goal of the study is to offer a brief commentary on the new institutions together with a comparative presentation of the general regulation of the main commercial agreements.

Abolition of the Commercial Code of Ukraine: Potential Consequences and Necessary Prerequisites

2020 ◽  
Vol 27 (1) ◽  
pp. 100-131
Author(s):  
Natalia Kuznetsova ◽  
Oleksii Kot ◽  
Andrii Hryniak ◽  
Mariana Pleniuk
Keyword(s):  
European Union ◽  
Corporate Governance ◽  
Legal Regulation ◽  
Civil Code ◽  
International Standards ◽  
The European Union ◽  
Commercial Code ◽  
Regulatory Impact ◽  
Further Development ◽  
The Eu

The paper analyses the provisions of the Commercial Code of Ukraine, comparing them with certain provisions of the Civil Code of Ukraine and separate laws and other regulations. Considering the need to align Ukrainian legislation with the legislation of the European Union countries in legislation regarding the establishment and operation of partnerships, corporate governance, protection of shareholders, creditors and other interested parties, regarding the further development of corporate governance policy in accordance with international standards, including the gradual approximation to the rules and recommendations of the European Union in this area, it is concluded that it is advisable to abolish the Commercial Code of Ukraine by adopting the relevant law, which stipulates all necessary measures to ensure proper legal regulation of relations for the period of preparation of the relevant systemic changes to the Civil Code of Ukraine. It is proved that most of the provisions of the Civil Code of Ukraine are reference or blanket, and therefore have minimal regulatory impact and mostly duplicate the provisions enshrined in other regulations. Based on the analysis of the provisions of the Commercial Code of Ukraine, it is concluded that its provisions, given their minimal regulatory impact on business relations and considering the detailed regulation of these relations in the Civil Code of Ukraine, can be repealed without any reservations. In such settings and in order to simplify the legal regulation of business activity, as well as in view of the obligations of our country (in particular, to bring the Ukrainian legislation in conformity with the legislation of the EU countries in legislation regarding the establishment and activity of partnerships, corporate governance, protection of rights of shareholders, creditors, and other stakeholders, regarding further development of corporate governance policy in line with international standards, as well as the progressive approximation to EU rules and recommendations in this area), the expediency of abolishing the Commercial Code of Ukraine is beyond doubt

Updating the Civil Code of Ukraine as a guarantee of effective interaction between the state and society

2021 ◽  
Vol 28 (1) ◽  
pp. 106-114
Author(s):  
Serhii O. Pohribnyi ◽  
Oleksii O. Kot
Keyword(s):  
European Union ◽  
Public Relations ◽  
Effective Interaction ◽  
Civil Code ◽  
Private Law ◽  
The European Union ◽  
Judicial Practice ◽  
State And Society ◽  
The Status ◽  
Legal Forms

The study analyses the current provisions of the Civil Code of Ukraine and judicial practice, examines international acts of civil legislation. Considering the need to update civil legislation to the legislation of the European Union countries, as well as gradually approaching the recommendations of the European Union in the property sphere, it is concluded that Article 1 of the Civil Code of Ukraine should be modernised by moving the phrase “civil relations” to the end of this sentence, since civil relations are such relations that meet all the criteria defined in Part 1 of this article, that is, relations based on legal equality, free expression of will and property independence of their participants. Based on the analysis of the provisions of the Civil Code of Ukraine, it is proposed to replace such a feature as “property autonomy”, which should be inherent in all civil relations, with a more accurate phrase – “property insulation”. It is considered that the Civil Code of Ukraine should be designed both for relations in which their participants set the goal of making a profit, and for relations in which participants do not pursue such a goal. The study proves the need to restore the status of the Civil Code of Ukraine as a core act for all public relations with private law content. To implement the idea of the Civil Code of Ukraine as a core act for private law, attention is drawn to the need to review the mechanism for ensuring the status of the Civil Code of Ukraine as the main act of civil legislation of Ukraine. After all, the mechanism laid down in Part 2 Article 4 of the Civil Code of Ukraine turned out to be ineffective: the text of the Civil Code of Ukraine was amended by any laws without taking into account the specific features of the mechanism of civil law regulation of such relations. It is considered that at the stage of updating the civil legislation, it is necessary to return to consolidating the list of legal forms for creation of legal entities in the Civil Code of Ukraine and thus harmonise Ukrainian legislation with European approaches to regulating the institution of a legal entity, as well as a number of contracts that were forcibly excluded from the Civil Code of Ukraine in 2003 to develop and fill in the text of the Civil Code of Ukraine

Political aspects of security of the European Union Member States

2020 ◽  
pp. 97-105
Author(s):  
Aleksandra Kusztykiewicz-Fedurek
Keyword(s):  
European Union ◽  
Negative Impact ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Political Security ◽  
New Institutions ◽  
The Stability ◽  
Key Aspects ◽  
The Eu

Political security is very often considered through the prism of individual states. In the scholar literature in-depth analyses of this kind of security are rarely encountered in the context of international entities that these countries integrate. The purpose of this article is to draw attention to key aspects of political security in the European Union (EU) Member States. The EU as a supranational organisation, gathering Member States first, ensures the stability of the EU as a whole, and secondly, it ensures that Member States respect common values and principles. Additionally, the EU institutions focus on ensuring the proper functioning of the Eurozone (also called officially “euro area” in EU regulations). Actions that may have a negative impact on the level of the EU’s political security include the boycott of establishing new institutions conducive to the peaceful coexistence and development of states. These threats seem to have a significant impact on the situation in the EU in the face of the proposed (and not accepted by Member States not belonging to the Eurogroup) Eurozone reforms concerning, inter alia, appointment of the Minister of Economy and Finance and the creation of a new institution - the European Monetary Fund.

scholarly journals Protection of fundamental rights in the private law of the European Union

2020 ◽  
Vol 2 (2) ◽  
pp. 117-153
Author(s):  
Tatjana Josipović
Keyword(s):  
European Union ◽  
Member State ◽  
Fundamental Rights ◽  
Private Law ◽  
Eu Law ◽  
The European Union ◽  
Freedom Of Contract ◽  
Optimal Balance ◽  
Private Autonomy

The paper considers and comments on the instruments of protection of the fundamental rights of the Union in private law relationships that are in the scope of applicable EU law. Special attention is paid to the influence of fundamental rights of the Union on private autonomy and the freedom of contract in private law relationships depending on whether fundamental rights are protected by national law harmonized with EU law, or by horizontal effects of the Charter of general principles. The goal of the paper is to determine the method in private law relationships that can attain the optimal balance between the protection of fundamental rights of the Union and the principle of private autonomy and the freedom of contract regulated by national law of a member state. The author favors the protection of fundamental rights in private law relationships by applying adequate measures that create indirect horizontal effects of the provisions of EU law on fundamental rights. These concern national measures that can also secure adequate protection of fundamental rights via interpretation and application of national law in line with EU law in private law relationships.

scholarly journals Divergence of romano-germanic and anglo-american legal systems on the example of brexit

2020 ◽  
pp. 144-153
Author(s):  
Tetjana Humeniuk
Keyword(s):  
European Union ◽  
European Integration ◽  
Practical Importance ◽  
Mutual Transformation ◽  
Eu Law ◽  
Legal Systems ◽  
The European Union ◽  
Political Processes ◽  
Anglo American ◽  
The Eu

Purpose. The purpose of the article is to analyze topical issues of divergence of the Romano-Germanic and Anglo-American legal systems on the example of Brexit. Methodology. The methodology involves a comprehensive study of theoretical and practical material on this subject, as well as formulation of relevant conclusions and recommendations. The following methods of scientific cognition were used in the research process: dialectical, terminological, formal and logical, comparative and legal, system and functional methods. Results. The study found that an important role in resolving conflicts between EU law and UK national law was played by the Court of Justice of the European Union which declared British legislation invalid since it was not in line with EU law. Thanks to the case law of the CJEU and the national courts of the United Kingdom, it has been possible to adjust and harmonize the interaction between EU law and the national law of this country. As European integration is formed on the basis of a supreme legal force created by external (supranational) bodies, the national bodies that form the national rules of British law inevitably give up part of their powers in favor of EU law. Brexit is just the beginning of a long series of problematic issues that will arise in the EU as a result of member states’ more or less serious objections to a radical course to deepen European integration. And under such conditions, there is a widespread understanding that finding clear and effective answers to new challenges requires finding new conceptual (and most importantly, effective) approaches to the future functioning of the EU, as old mechanisms and methods no longer work properly and do not resolve contradictions spreading and becoming more acute. Scientific novelty. The study shows that the withdrawal of Britain from the European Union initiates a large-scale process of mutual transformation of the legal systems of both parties, the effectiveness of which will be determined by the realities of European geopolitical environment as well as domestic political processes within Great Britain itself. Practical importance. Research materials can be used for comparative law studies.

scholarly journals National Blockchain Laws as a Threat to Capital Markets Integration

2021 ◽  
Author(s):  
Matthias Lehmann
Keyword(s):  
International Institute ◽  
Private Law ◽  
Private International Law ◽  
The European Union ◽  
Legal Rules ◽  
Trade Law ◽  
International Trade Law ◽  
Commercial Code ◽  
The World ◽  
The Usa

Abstract Various states have started providing private law frameworks for blockchain transfers and crypto assets. France and Liechtenstein have adopted the first acts, while a commission of the British government sees no difficulties in extending property protection under the common law to crypto assets. In the USA, an amendment to the Uniform Commercial Code has been suggested, which has not stopped some states going their own, different way. The aim in all cases is to promote the use of modern distributed ledger technology and enhance investor protection. While these initiatives will increase legal certainty, they differ significantly. This has an important downside: there is a strong risk that the blockchain will be made subject to diverging legal rules. Similar to the world of intermediated securities, various national laws will need to be consulted to determine the rights and privileges of investors. This may increase transaction costs, thwart interoperability, and produce thorny conflict-of-laws problems. Markets risk being fragmented into national segments, with an inevitable diminution of their depth and liquidity. As a remedy, this article suggests developing uniform rules for the blockchain. Before national legislators and judges once again divide the world through idiosyncratic rules, the private law of crypto assets should be harmonized to the highest degree possible. Uniform rules should ideally be forged at the global level, by fora like the International Institute for the Unification of Private Law (UNIDROIT), the United Nations Commission on International Trade Law (UNCITRAL), and the Hague Conference on Private International Law. In the absence of worldwide rules, uniformization of private law should take place at the regional level—for instance, by the European Union. The article makes specific suggestions as to how this can be achieved and what the content of those rules should be.

COMPARATIVE ANALYSIS OF INTESTATE SUCCESSION IN THE LEGISLATION OF THE MEMBER STATES OF THE EUROPEAN UNION

2021 ◽  
Vol 65 (04) ◽  
pp. 164-169
Author(s):  
Elkhan Ajdar Askarov ◽  
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Key Words ◽  
Civil Code ◽  
The European Union ◽  
Legal Basis ◽  
Member States ◽  
Important Place ◽  
Judicial Practice

Intestate succession occupies an important place in the field of Succession law in the civil legislation of the European Union. Intestate succession (devolution of decedent’s property to persons indicated in law) is effective in case of an intestacy or if testament is declared invalid entirely or partly. The article reflects the concept, sequence, legal basis and place in judicial practice of intestate succession. Key words: intestate succession, succession law, civil code, legislation, comparative analysis

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