scholarly journals Regime geral dos atos eletrónicos – um regime esquecido

2020 ◽  
Vol 23 (3) ◽  
pp. 123-138
Author(s):  
Pedro Dias Venâncio
Keyword(s):  
Electronic Mail ◽  
Civil Law ◽  
Electronic Communications ◽  
Public And Private ◽  
Electronic Documents ◽  
Probative Value ◽  
Civil Process ◽  
Communications Services ◽  
Electronic Contracting ◽  
Postal Mail

In addition to the digitization of physical evidence associated with the modernization of the mechanisms of the digitalized civil process, the future of Justice is closely linked to digital proof: the use of originally electronic documents to prove contracts and other legally relevant acts. The proliferation of electronic communications (replacing postal mail, fax communications and even telephone), in its multiple forms (electronic mail, instant messages, and the multiple public and private communications services provided by social networks), as well as the expansion of electronic commerce, and in particular the generalization of electronic contracting, has been increasing exponentially the use of electronic means for the practice of legal acts. Digital proof assumes a central role in civil law, both from a substantive and an adjective perspective. The regime of validity and probative value of documents, signatures and electronic communications enshrined in Decree-Law No. 290-D/99, of 2 August, represents a general regime for civil law of paramount importance in the Information Society. Unfortunately, the Portuguese legislator has repeatedly approved exceptional rules in individual diplomas, contradicting or ignoring the existence of this general regime.

scholarly journals COMMERCIAL TRANSACTION: FEATURES OF LEGAL REGULATION

2021 ◽  
Vol 37 (1) ◽  
pp. 75-79
Author(s):  
R.D. Farkhutdinov ◽  
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Civil Law ◽  
Legal Regulation ◽  
Public And Private ◽  
Conceptual Apparatus ◽  
Private Interests ◽  
Legal Limits ◽  
Commercial Transaction ◽  
Individual Features

The article suggests and justifies the concept of "commercial transaction" is currently not fixed in civil legislation as a civil definition, while a number of scientists have repeatedly justified the need and importance of fixing such a concept to solve a number of problems in legal regulation. In addition, it offers ways to solve the problem of the conceptual apparatus of the practice of separate consideration of "commercial transactions" in civil law, which allows solving a number of practical problems of law enforcement. The article uses comparative, formal-legal and functional research methods. The article identifies individual features of a commercial transaction, the legal limits of mutual synthesis of public and private interests, and determines the forms of protection of such interests.

The Relationship between Disability Non-Discrimination Law and Quota Schemes

2019 ◽  
pp. 94-117
Author(s):  
Lisa Waddington
Keyword(s):  
Public Sector ◽  
Common Law ◽  
Civil Law ◽  
People With Disabilities ◽  
Public And Private ◽  
The Public ◽  
The Common ◽  
Public And Private Sector ◽  
The Relationship

This chapter explores the relationship between disability quota schemes and non-discrimination law in Europe. While at first sight they seem to sit uneasily beside each other, the chapter reveals how, in some instances, quota schemes can serve to facilitate compliance with non-discrimination legislation. At the same time, the chapter explores seeming incompatibilities between the two approaches and considers whether there are differences between common and civil law jurisdictions in this respect. Tentative conclusions suggest that there is a greater willingness to establish quota schemes through legislation in civil law jurisdictions compared to common law jurisdictions, and that quota schemes in civil law jurisdictions are more likely to provide for the imposition of a levy in the case that employers fail to meet their quota obligations through employing the required number of people with disabilities. There also seems to be some indication that there is greater awareness of the potential for conflict or tension, in various forms, between non-discrimination law and quota schemes in common law jurisdictions than in civil law jurisdictions. Finally, the two schemes operating in the common law states are only applicable to the public sector—whilst in civil law states quotas are generally applied to both public and private sector employers. This may indicate different perceptions regarding the role of public sector employers and the legitimacy of imposing quota requirements.

2. Legal systems and sources of law

2020 ◽  
pp. 35-70
Author(s):  
Scott Slorach ◽  
Judith Embley ◽  
Peter Goodchild ◽  
Catherine Shephard
Keyword(s):  
International Law ◽  
Common Law ◽  
Civil Law ◽  
Case Law ◽  
Potential Effect ◽  
Legal Systems ◽  
Public And Private ◽  
England And Wales ◽  
The World ◽  
The Status

This chapter focuses on the sources of law in England & Wales, and is organised as follows. Section 2.1 describes the key jurisdictions relevant to lawyers in England and Wales. Section 2.2 deals with the issue of where the law comes from: sources of law. Section 2.3 reviews the development of the two ‘traditional’ sources of law in England and Wales: case law and statutes. Sections 2.4 and 2.5 consider the status and operation of EU and international law, including the potential effect of Brexit. Section 2.7 goes on to discuss public and private law, common law, and civil law, and other classifications used by lawyers. This is followed by a discussion of legal systems and their cultures across the world.

scholarly journals The measures to protect public legal interests in the civil process

2021 ◽  
Vol 3 (1) ◽  
pp. 69-85
Author(s):  
Svetlana A. Burmistrova ◽  
Keyword(s):  
Civil Rights ◽  
Implementation Process ◽  
Public Law ◽  
Public And Private ◽  
Social Good ◽  
Civil Process ◽  
The Social ◽  
Legitimate Interests ◽  
Rights And Interests ◽  
Subjective Rights

Introduction. The civil legislation of Russia has a list of general ways to protect civil rights. There is comprehensive list of ways to protect public-law subjective rights and interests either in legislation or in legal science. As a result, some methods of protection that are explicitly named in the law are widely used in practice and have been sufficiently studied in science, while others that do not have direct legislative support are little or practically not used in practice, which leads to weak protection of rights and interests that could be protected by such methods. Theoretical Basis. Methods. In order to make the most complete list of the methods of protecting public-law subjective rights and interests and, if possible, bring such methods into the system, the author of the article proceeded from the following ideas: – social interests regulated by law (legal interests) have a different probability of achieving the object (the social good they are aimed at) and are divided into three categories, namely interests with a maximum (subjective rights), minimum (legitimate interests) and intermediate probability of achieving the object (legitimate interests that can be transformed into subjective rights by an act of law enforcement); – legal interests in the implementation process go through a number of stages, each of which can be violated in a special way. Knowing what constitutes a violation in each of the stages, allows an accurate choice of a method of protection from the range of availale measures; – the importance of implementing legal interests for the society is not the same. General (public) significance leads to the fact that the interest is regulated by public law. The private significance of an interest entails its regulation by private law. Results. It is argued that public and private entities can be carriers of public legal interests. It is proved that relations arising from the implementation of public-legal interests can be based on subordination or equality, and therefore the subjects of public-legal relations can have a powerful, subordinate and equal status. The article presents a system of measures and measures that should be applied in cases of violations of public-legal interests of powerful, subordinate and equal participants in public-legal relations at various stages of the implementation of such interests. Discussion and Conclusion. The results obtained can serve as a basis for improving the procedural means of protection and proceedings for the protection of public legal interests.

scholarly journals Regulatory Obligations Of The Electronic Communications Market, Administrative And Judicial Appeal, And Monitoring: Inspection And Sanctions In Albania

2016 ◽  
Vol 12 (7) ◽  
pp. 470
Author(s):  
Jonida Gjika
Keyword(s):  
International Development ◽  
Special Care ◽  
Electronic Communications ◽  
National Policies ◽  
Effective Strategies ◽  
Continuous Care ◽  
Communications Services ◽  
The Right ◽  
The Eu

Electronic communications services and the dynamics of their development require in itself special care and continuous efforts of the national policies. This is used to build effective strategies with the aim of laying the right steps. It is in coherence with international development of the electronic communications market for the products. It also serves as an integral part of its services. Some of the decision which will result to measurable effects in the market include: concrete steps which are related to the harmonization and alignment of the full legislation national primary, absorption and outline of the directives of the EU as an integral part thereof, drafting regulatory acts as secondary legislation, and continuous care for a hand regulatory which is strong and neutral. For careful coordination of the chains as a whole in the chain functioning of this market, where policies and sectoral strategies, regulatory and decisionmaking, entrepreneurs and consumers in the market of products/services offered are on the side of maximum benefits, it would first of all mean finding the appropriate instruments and implement them in a legal manner. This is possible through effective remedies. Thus, the development of competition is the only way that would make it possible for all the actors to find themselves on the side of the party that would win.

Judicial Management in Civil Proceedings: Formal and Material Components

2020 ◽  
Vol 4 ◽  
pp. 59-71
Author(s):  
А. V. Kononova ◽  
Keyword(s):  
Public And Private ◽  
Civil Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
Analysis And Synthesis ◽  
The Impact

The article examines the traditional division of law into public and private, and the impact of this division on the principles and institutions of civil procedural law, as well as on the nature of judicial leadership in civil proceedings. As the methods of research historic, dogmatic, analysis and synthesis were chosen. According to the results of the study, it was found that the division of law has a significant impact on the civil process, determining its division into material and formal components. The author concludes that within each of the components of the process, the judicial management has significant features that lead to the allocation of two types of such management: material and formal.

Heritage preservation easements, urban property, and heritage law: Exploring Canadian common law and civil law tools for responding to international cultural preservation frameworks for cities

2021 ◽  
Author(s):  
Sara Gwendolyn Ross
Keyword(s):  
Cultural Heritage ◽  
Common Law ◽  
Civil Law ◽  
Legal Framework ◽  
Urban Context ◽  
Heritage Preservation ◽  
Public And Private ◽  
Cultural Rights ◽  
Private Interests ◽  
Civil Code Of Quebec

This article will first situate cultural heritage preservation in the urban context through an overview of notions of outstanding universal value, the role of cities in cultural heritage and municipal archaeology generally, paths toward the equitable and sustainable development of cities, and inclusive urban cultural rights in the context of cultural heritage where these appear within international law and guiding international legal frameworks for the protection of cultural heritage. The article will also discuss the notion of the ‘public good’ as it is applied within heritage preservation decisions and will also address the balancing of public and private interests in built heritage preservation. This article will further turn to the broad legal framework of cultural heritage protection for built spaces in Canada before narrowing in on the common law concept of a heritage easement agreement – notably, how it is and can be deployed in Canada – and the civil law conservation servitude as it is available in the Civil Code of Quebec.

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