scholarly journals Jurisdiction Limitation of National Courts with Respect to Civil Cases or Matters Involving Foreign Elements in Accordance with United States Laws and Vietnamese Law

2021 ◽  
Vol 4 (1) ◽  
pp. 46-64
Author(s):  
Nguyen Le Hoai ◽  
Phung Hong Thanh
Keyword(s):  
National Court ◽  
National Courts ◽  
Judicial Practice ◽  
The Status ◽  
Forum Non Conveniens ◽  
The Subject ◽  
Civil Cases ◽  
The One ◽  
Cross Border Cooperation

Abstract Determination of limitation of jurisdiction of national courts with respect to civil cases or matters involving foreign elements has become an important aspect of judicial practice around the world as with the growing cross-border cooperation. The study on the subject matter helps to promote the efficiency in the civil procedure. On the one hand, it provides legal ground for national courts to determine their jurisdiction over the related civil cases or matters, and helps the plaintiff to initiate the legal action in the national court with competent to accept the case on the other. This article will analyse the U.S. laws as well as judicial experience in U.S. national courts on limitation of their jurisdiction in civil cases or matters involving foreign elements. It will focus on the cases in which the jurisdiction of the court is granted by mutual agreements of the relevant parties, frauds, force, immunities, forum non conveniens, limits imposed by the forum or the laws of the states where the transactions have been conducted. It will be followed by the critical assessments on the status of relevant laws and regulations of Vietnam and some recommendations for future development.

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

scholarly journals Reviewing the National Courts in Creating Orderly International Law and Community

2017 ◽  
Vol 3 (2) ◽  
pp. 148
Author(s):  
Johanis Leatemia
Keyword(s):  
International Law ◽  
National Court ◽  
National Interest ◽  
The Other ◽  
Peaceful Coexistence ◽  
National Sovereignty ◽  
Customary International Law ◽  
National Courts ◽  
The One

Orderly international community and international law are determined by a national court. Essentially, the national court must be competent to maintain the balance between the national interest which based on the national sovereignty as well as the provisions of international law within the framework of peaceful coexistence. This article reviews the role of national courts in creating and developing the customary international law. As it turns out in practice, however, it has certain weaknesses, particularly in view of the accountability and legitimacy aspects of its establishment. This purpose could be achieved if national courts were able to maintain a balance between the national interest based on the sovereignty of State on the one hand and the provisions of international law on the other. The function of the national court was to maintain a balance between international law and national law.

scholarly journals SALE OF LAND AS A FUTURE THING

2020 ◽  
pp. 20-25
Author(s):  
O.A. Rozhkova ◽  
S.V. Voronina
Keyword(s):  
Civil Law ◽  
Land Plot ◽  
Judicial Practice ◽  
The Future ◽  
The Status ◽  
The Subject ◽  
The Right

The contract of sale of the future thing in which the land is the product deserves special attention. Atthe moment, it has developed a uniform judicial practice regarding the individualization of an unformedland plot as the subject of a contract of sale of a future immovable. In cases where, in accordance with thelaw, a land plot acquires the qualities of a divisible thing, the object of civil turnover can be not only thecorresponding land plot as a whole, but also its part, which in this case acquires the status of an independentland plot for the formation of a land plot. It seems that only after establishing (changing) the location of theboundaries of the land, i. e. formation of a land plot, it may be an object of land and civil law relations, maybe an object of ownership and other rights to land. The current legislation does not contain a ban on thepurchase and sale of a land plot, the right of ownership for which at the time of conclusion of the contractof sale was not registered in the established manner, however, the individualization of a land plot by landsurveying and cadastral registration is a prerequisite for the land the plot became the subject of a contractof sale of a future immovable.

7 Role of National Courts during the Proceedings

2015 ◽  
Author(s):  
Blackaby Nigel ◽  
Partasides Constantine ◽  
Redfern Alan ◽  
Hunter Martin
Keyword(s):  
National Court ◽  
Status Quo ◽  
Arbitral Tribunal ◽  
Judicial Control ◽  
National Courts ◽  
The Status ◽  
Model Law ◽  
Interim Measures

This chapter examines the role that national courts play at the beginning, during, and end of arbitration proceedings. Arbitration is dependent on the support of the courts, which alone have the power to intercede when one party seeks to sabotage proceedings. This intervention may be possible at the beginning of the arbitral process in the context of the enforcement of the arbitration agreement, the establishment of the tribunal, and challenges to jurisdiction. National courts may also intervene during proceedings: it may be necessary for the arbitral tribunal or a national court to issue orders intended to preserve evidence, to protect assets, or in some other way to maintain the status quo pending the outcome of the arbitration. Under the UNCITRAL Rules and Model Law, such orders are called ‘interim measures’. The chapter also describes how national courts exercise judicial control over the resulting award.

scholarly journals THE AUTHORITY OF VILLAGE CREDIT UNION AS THE SUBJECT OF LIABILITY RIGHTS

Acta Comitas ◽  
2016 ◽  
Author(s):  
I Gusti Ngurah Wairocana ◽  
Putu Gede Arya Sumerthayasa ◽  
Jeanne Wiryandani Ratmaningrum
Keyword(s):  
Credit Union ◽  
Normative Study ◽  
Legal Subject ◽  
Legal Norms ◽  
The Third ◽  
The Status ◽  
The Subject ◽  
The One ◽  
Legal Discovery ◽  
The Village

According to the Bali Provincial Regulation No. 8 concerning Village Credit Union (hereinafter referred to as LPD) Article 2 paragraph (1) states that: LPD is a village-owned financial union conducting business in the village and for the benefit of the villagers. This is confirmed by the presence of the Decision of the Third Big Meeting by Village Assembly (MDP) Bali No. 009 / SK-PA III / MDP Bali /Vffl /2014 Article I paragraph (1), namely, the Village Credit Union is one of the possessions of the village. This type of research used in this thesis is a normative study. Normative study is the one that examines the level of legal norms, finding the non-existence of the LPD status as a legal subject of liability rights, so there is a legal vacuum in which the status of the LPD as the subject of a liability rights is not stipulated in the legislation and these problems will be a legal discovery. LPD is the possession of the village, so LPD cannot be the legal subject of liability right because the village itself has not been the subject of law. So the security liability agreement made by LPD is invalid because it does not qualify his legitimate agreements written in Article 1320 paragraph (4) of Civil Code regarding lawful cause or legal cause.

Determination of Enemy Character of Corporations

1930 ◽  
Vol 24 (2) ◽  
pp. 310-336 ◽  
Author(s):  
Ralph A. Nohem
Keyword(s):  
The Other ◽  
Separate Entity ◽  
Entity Theory ◽  
Long Period ◽  
Corporate Entity ◽  
Sovereign Authority ◽  
The Subject ◽  
The One ◽  
Independent Person

Much controversy has raged for a long period of time over the precise nature of what Wormser refers to as the “anatomy” of a corporation. Wormser himself defines a corporation as a “group of one or more persons authorized by sovereign authority to act as a unit and a personality in the eye of the law.” The definition indicates, on the one hand, that the act of incorporation creates a new person or entity, on the other that this new entity is in fact composite, made up of one or more pre-existing entities. The question arises, at what times will the court regard the corporate entity, and at what times will it look to the real persons who compose it ? A key to the solution of the problem is offered by Lord Mansfield. “A fiction of law shall never be contradicted so as to defeat the end for which it was invented, but for every other purpose it may be contradicted.” By the separate entity theory is meant that a corporation is to be regarded as an entity separate and apart from its corporators and that it is to be treated like any other independent person. That this is the theory of corporations generally accepted by the courts need hardly be proved. It will only be noted that the ruling English case on the subject is that of Salomon and Co. v. Salomon. In his opinion in that case Lord Halsbury said: “Once the company is legally incorporated it must be treated like any other independent person.”

scholarly journals PRIVATE INTERNATIONAL LAW IN BRAZIL: A BRIEF OVERVIEW

2018 ◽  
Vol 1 (1) ◽  
pp. 11-37
Author(s):  
Carmen Tiburcio
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
Private International Law ◽  
The Status ◽  
Rules And Principles ◽  
The Subject

The paper is intended to provide an overview of Private International Law in Brazil. With this purpose, it presents in broad lines the subject matters of the discipline, undertaking, whenever possible, comparisons with the contours given to it in the United States. In sum, the text deals with the acquisition of Brazilian nationality, the status of aliens, the determination of the applicable legislation to legal relationships with international connections – which includes the exam of Brazilian connecting rules and principles of Private International Law – and the exercise of Brazilian jurisdiction.

scholarly journals Submission of prosecutorial decision in a civil procedure

2020 ◽  
pp. 114-123
Author(s):  
Svetlana Gennad'evna Byval'tseva ◽  
Artem Aleksandrovich Kovalev
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Scientific Literature ◽  
Case Law ◽  
The Public ◽  
Judicial Practice ◽  
The Subject ◽  
The Russian Federation ◽  
Civil Cases ◽  
Court Hearing

The object of this research is the public relations arising when the prosecutor is involved in court hearing of civil cases by intervening into a case for delivering an opinion in the appellate, cassation and supervisory bodies, as well as problematic aspects of the application of his powers to deliver an opinion in the aforementioned bodies. The subject of this research is the materials of prosecutorial law enforcement and judicial practice, norms of civil procedural legislation of the Russian Federation that regulation these public relations, as well as positions formulated on the matter. Despite the fact, that the scientific literature paid attention to the separate aspects of submission of prosecutorial decision, the questions of submission of prosecutorial decision in the retrial of civil cases did not receive due coverage. Such situation led to a contradictory approach towards the question on possibility of delivering an opinion by the prosecutor in retrial of civil cases in the theory and case law. Therefore, based on the conducted research, the author makes recommendation with regards to exercising prosecutorial powers in submission of decision in retrial of civil cases by the courts, as well as the changes in current legislation that would bring certainty into these legal relations and contribute to elimination of the emerged contradictions.

scholarly journals The phenomenon of human alienation: socio-ontological aspect

2020 ◽  
pp. 45-57
Author(s):  
Kirill Prozumentik
Keyword(s):  
Autonomous Agents ◽  
Human Mind ◽  
Social Philosophy ◽  
Broad Sense ◽  
Narrow Sense ◽  
Fundamental Ontology ◽  
The World ◽  
The Status ◽  
The Subject

This article is dedicated to one of the key problems of social philosophy – the phenomenon of human alienation. The subject of this research is the ontological grounds of alienation. The goal consists in determination of the existential foundation of alienation as a complicated socio-ontological phenomenon, as well as differentiation of the narrow and broad sense of the concept of “alienation”. In the narrow sense, alienation implies the process, when the products of human activity and activity itself obtain the status of autonomous agents opposing to human. In a broad sense, alienation is interpreted as an ontological distinction within the structure of being. For revealing the ontological grounds of alienation, the author attracts and reconsiders the ideological arsenal of philosophical anthropology, fundamental ontology, existentialism, personalism, Marxism, and post-phenomenology. The ontological interpretation allows comprehending the anthropogenesis, historical development of human, and evolution of human mind in the context of the terms of alienation. Thus, the first is interpreted as a self-alienation of the world; the second – as alienation of human from himself; and the third – as an ideal of appeal of the world towards itself, realized through human spiritual activity. All elements of the triad form an ontological basis doe alienation in the narrow sense.

scholarly journals Comparison of motivation of the Russian and Chinese terms (based on the material of linguistic terminology)

Litera ◽  
2021 ◽  
pp. 207-213
Author(s):  
Yalun' Tsi
Keyword(s):  
Foreign Language ◽  
Chinese Language ◽  
Chinese Characters ◽  
Semantic Transparency ◽  
Continuous Sampling ◽  
Research Material ◽  
The Subject ◽  
The One ◽  
Russian Linguistic

One of the paramount peculiarities of the Chinese terms is their sinicization. Sinicization of the term is often viewed a translation and adaptation of foreign language terms to the specifics of Chinese language. This implies that the new word is being rooted in the Chinese “soil” and subsequently recognized as Chinese native. The subject of this research is the peculiarities of Chinese and Russian linguistic terminology. The goal is to compare the motivation of Chinese and Russian linguistic terminology and determine the influencing factors. The research material was collected from the Dacihai Dictionary and the Linguistic Encyclopedic Dictionary, and consists of more than 6,000 terminological units. The article employs the methods of description, comparison, and continuous sampling. The scientific novelty lies in determination of the factors that influence the motivation of Chinese linguistic terminology, as well as in its comparison with Russian linguistic terminology. The conclusion is made that Chinese terms have stronger motivation than Russian terms. On the one hand, Chinese characters are the ideograms that convey the thought in a motivational form, and offer more opportunities for increasing semantic transparency. On the other hand, the syllabic characteristics of Chinese language limit the possibility of transliteration of foreign words. With the exception of proper names, the Chinese terminology features a very few transliterated or partially transliterated terms.

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