scholarly journals KEDUDUKAN SITA PIDANA TERHADAP SITA UMUM KEPAILITAN

2018 ◽  
Vol 1 (1) ◽  
pp. 339
Author(s):  
Josua Fernando ◽  
Susanti Adi Nugroho
Keyword(s):  
Public Interest ◽  
Civil Law ◽  
Criminal Code ◽  
Public Law ◽  
Criminal Case ◽  
Private Law ◽  
Court Ruling ◽  
Legal Perspective ◽  
Debt Repayment ◽  
Code Procedure

AbstractThe Court Ruling claim that a debt discharge a bankruptcy inflict a debtor will loose his right to dominate the wealth which include the bankruptcy property. The whole riches of a debt who’s discharge bankruptcy, automatically will be placed to the general confiscation. The general confiscation of the debt property has intend to protect the interest of the creditor of all the deeds of the debt which can disserve the property of a bankruptcy and stop the execution of the debt property with all the creditors to get the debt repayment. The general confiscation itself is a form of confiscation which known in civil law regime especially bankruptcy in legal perspective as a private law.  Confiscation in a criminal case aim to prove criminal act. Article 38 of a Criminal Code Procedure regulate that the investigator can undertake the property of confiscation that placed in the general confiscation. However, Article 46 of a Bankruptcy and Suspension Of Obligation For payment Of  Debt regulate that all confiscation become vanished when the property has  confiscated in the general confiscation. When this two confiscation situated in the property, The confiscation in criminal case will precede the general confiscation. That matter is because of the confiscation in a criminal case is part of public law that aimed to protect our public interest.

scholarly journals Civil Mechanism Preventing and Resolving a Conflict of Interest in the Russian Private Law

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Yury Alexandrovich Svirin ◽  
Anatoly Aleksandrovich Vlasov ◽  
Vladislav Petrovich Sorokin ◽  
Marina Andreevna Simanova ◽  
Catherina Aleksandrovna Kukhturskaya
Keyword(s):  
Conflict Of Interest ◽  
Civil Law ◽  
Public Law ◽  
Private Law ◽  
Minority Shareholders ◽  
Legal Concept ◽  
Individual Property ◽  
Legal Studies ◽  
Systemic Analysis ◽  
Legal Mechanism

The article studies the legal mechanism preventing and resolving a conflict of interest in civil law. The Russian public law pays much attention to the prevention of competitive interests but there are still no studies on a conflict of interest in private law. The authors have written this article to consider the relevant legal studies and draw their conclusions. Methods: The authors used the methods of comparative and systemic analysis, synthesis and scientific research to examine such a legal concept as a "conflict of interest in private law". The study aims at analyzing the category of competitive interests in relation to private law, determining its prerequisites, reasons and possible solutions. The authors have concluded that a conflict of interest often causes corporate conflicts among parties involved in corporate relations. Moreover, this type of conflicts arises due to the realization of individual property interests and the possibility of one person to influence the other, for example, a conflict between majority and minority shareholders.

scholarly journals Evaluation Concepts in Russian Codifications of Civil Law

Lex Russica ◽  
2019 ◽  
pp. 37-50
Author(s):  
V. G. Golubtsov
Keyword(s):  
Essential Feature ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
Civil Code ◽  
Property Law ◽  
Private Law ◽  
Private And Public ◽  
The Impact ◽  
Basic Evaluation

Based on general legal and civilistic experience in the study of evaluative concepts, the author investigates the general and the specific in their civil law nature. As the result of the study, the author draws the conclusion that the existence of evaluative concepts forms a distinctive essential feature of civil law as private law. It is noted, however, that the doctrine, law-maker and law-enforcer need basic guidelines that will allow to define objective criteria for nominating concepts as evaluative, as well as for determining the boundaries of their systematic interpretation. Also, the author concludes that the impact of evaluation concepts on legal regulation in private and public law is different. In civil law, depending on the localization in the text of the Civil Code, it is possible to distinguish two groups of evaluation concepts. The first group includes the basic evaluation concepts that allow us to see the goals, meaning and specifics of civil law regulation. The second group, in the author’s opinion, includes peripheral evaluation concepts that are utilized by property law and separate contractual constructions and the presence of which allows to avoid unnecessary causality and, at the same time, makes it possible to bring legal regulation closer to real relations.

scholarly journals History of codification of private law in the Republic of Moldova

2021 ◽  
pp. 8-28
Author(s):  
Gheorghe Avornic ◽  
◽  
Violeta Cojocaru ◽  
Iulian Moraru ◽  
◽  
...  
Keyword(s):  
Social Relations ◽  
Civil Law ◽  
Public Law ◽  
Private Law ◽  
Historical Aspects ◽  
Republic Of Moldova ◽  
History Of ◽  
Ancient Times ◽  
The Republic ◽  
The One

The division of the entire system of law into public law and private law comes from ancient times, which we have referred to in several previous personal publications. In this article we will analyze the evolution of private law in the Republic of Moldova. Private law constitutes one of the fundamental subdivisions of the science of law as a whole. At the level of the Republic of Moldova, the subdivision in question represents a distinct specific in the context that: (i) it is stratified into numerous branches of law and (ii) it constitutes a symbiosis of several national, supranational and international private legislations that correspond to modern trends of evolution of related social relations. One of the main branches of domestic private law is civil law, namely the rules tangent to the branch of law in question regulate a considerable number of social relations varied in terms of structure and content. This article will briefly address evolutionary-historical aspects of the private law legislation of the Republic of Moldova. In particular, we will analyze the influence of the Model Civil Code of the CIS States, on the one hand, and European legislation, on the other. Historical aspects will be divided into three periods.

Punitive Damages: Reorienting the Debate in Civil Law Systems

2019 ◽  
Vol 10 (1) ◽  
pp. 63-81
Author(s):  
María Guadalupe Martínez Alles
Keyword(s):  
Latin American ◽  
Civil Law ◽  
Public Law ◽  
Punitive Damages ◽  
Private Law ◽  
Clear Cut ◽  
American Experience ◽  
Private And Public ◽  
Anglo American ◽  
Country Specific

AbstractScholarly debates in a number of Latin American and European countries have recently focused on the legal institution of punitive damages. These debates have been primarily influenced by the Anglo-American experience with the institution. The dominance of an outcome-driven, interpretive approach to an inherently complex and contradictory practice in the prevailing Anglo-American scholarship on punitive damages, however, has seriously affected and likely distorted the comparative and normative scholarly debates over the introduction of the institution in countries that follow the civil law tradition. In this article, I argue that, in order to participate more meaningfully in the punitive damages debate, civil law scholars should, on one hand, refrain from attempts to improve the understanding of the Anglo-American practice while offering country-specific assessments of the authors’ own legal system’s (in)compatibilities with the institution; and, on the other hand, actively engage in thorough discussions regarding the fundamental theoretical grounding of the place of punishment in modern private law. The novelty of this scholarly approach will require private law scholars to acknowledge both the punitive elements currently hidden yet nonetheless patent in domestic private law practices of awarding damages and the constraining effect of the pervasively proclaimed yet easily disputable clear-cut line between private and public law.

scholarly journals La responsabilité civile délictuelle des municipalités en matière de combat des incendies

2005 ◽  
Vol 24 (2) ◽  
pp. 379-408
Author(s):  
Micheline McNicoll
Keyword(s):  
Civil Law ◽  
Fire Department ◽  
Public Law ◽  
Closed Field ◽  
Private Law ◽  
Civil Responsibility ◽  
Recent Developments

The delictual responsibility of a municipality for offences and quasi-offences committed by its fire department or brigade has been clearly acknowledged by Quebec Courts. This position, which some consider anachronistic, is the result of a long evolution whereby the private law rules of civil responsibility were gradually introduced in the normally closed field of public law. The following article is a study of the most recent developments in this area, as well as an attempt by the author to ascertain the applicability of the civil law to the field of municipal delictual responsibility in general.

scholarly journals The possibilities of consensual resolution of judicial conflicts with the Public Administration

2018 ◽  
Vol 18 (72) ◽  
pp. 31-50
Author(s):  
Gabriel Perlingeiro
Keyword(s):  
Public Interest ◽  
Judicial Review ◽  
A Priori ◽  
Public Law ◽  
Clear Understanding ◽  
Private Law ◽  
Public Authorities ◽  
Public And Private ◽  
The Public ◽  
Legal Studies

This text endeavors to define the theoretical limits of the capacities of the public administrative authorities to reach consensual solutions to disputes within the framework of judicial review. It is motivated by the lack of a clear understanding in Brazilian law of the border area between the legal relations of public and private law involving the public authorities, and the expressions “inalienable right” (or “inalienable interest”) and “public interest” as shown by the inexplicable asymmetry between what the public administrative authorities can do within a judicial proceeding and outside one. Based on a comparative study of common law versus civil law legal systems and an examination of the treatment of the subject in Brazilian statutes, case law and legal studies, this article reviews the relationship between the public interest and inalienability, demonstrating, in conclusion, that the possibility of the administrative authorities to enter into settlements or follow similar practices should not be rejected a priori, even in cases of public law. According to the author, there are three possible scenarios in which public administrative authorities may resort to consensual dispute resolution in the context of the judicial review: in private-law relationships, in public-law relationships with respect to the exercise of administrative actions prescribed by law and public-law relationships with respect to the exercise of discretionary powers.

scholarly journals Standing to litigate in the public interest in Lesotho: The case for a liberal approach

2020 ◽  
Vol 20 (2) ◽  
Author(s):  
Hoolo 'Nyane ◽  
Tekane Maqakachane
Keyword(s):  
Public Interest ◽  
Public Law ◽  
The Other ◽  
Private Law ◽  
Bill Of Rights ◽  
Constitutional Democracy ◽  
The Public ◽  
Locus Standi ◽  
Liberal Approach

In Lesotho, standing to litigate is still based on the private law doctrine of locus standi in judicio. This doctrine requires the person who institutes an action in a court of law, regardless of whether it is in the private or public interest, to satisfy the court that he or she is directly and substantially interested in the outcome of the decision. Section 22(1) of the Constitution of Lesotho provides that any person who alleges that the Bill of Rights in the Constitution has been violated 'in relation to him' may approach the court of law for redress. Although the Constitution is silent about the enforcement of the other non-Bill of Rights parts of the Constitution, the courts have readily invoked section 22(1) to exclude litigants who are not 'directly and substantially' interested in the outcome of the case. This restrictive approach notwithstanding, a more liberal approach has been adopted in pockets of public law decisions of the superior courts in Lesotho. The purpose of this article is to amplify this liberal approach. The article argues that constitutional democracy in Lesotho will benefit from a liberal approach as opposed to a restrictive approach to standing. This is supported by a discernible movement in modern-day public law towards a more liberal approach to standing.

scholarly journals Profesora Jana Bocia koncepcja interesu w prawie administracyjnym

2019 ◽  
Vol 16 (1 (1)) ◽  
pp. 165-174
Author(s):  
Marta Wożniak
Keyword(s):  
Public Interest ◽  
Administrative Law ◽  
Public Law ◽  
Private Law ◽  
Traditional Definition ◽  
The Individual ◽  
The Relationship ◽  
Academic Interests

This paper does not aspire to offer an overall presentation of Prof. Jan Boć’s contribution to the concept of interest, but is intended to point out several views of this author on the design of legal interest in administrative law, including an attempt to assess their validity.Some of these views now require revising, others give them a fresh look. Professor Jan Boć commented on the relationship between public law and private law, made successful attempts to define the relationship. In the area of Professor Jan Boc’s academic interests, there has always been the individual, and therefore the Professor devoted considerable space in his work to the construction of legal interest of the individual, which went beyond the traditional definition describing the conceptof public interest.

scholarly journals CURRENT PROBLEMS OF CIVIL LAW OF UKRAINE IN OTHER JURISDICTIONS

2020 ◽  
pp. 30-33
Author(s):  
K. E. Kosiachenko ◽  
D. R. Zamkova
Keyword(s):  
Public Relations ◽  
Legal System ◽  
Mutual Influence ◽  
Civil Law ◽  
Public Law ◽  
Main Task ◽  
Private Law ◽  
Legal Analysis ◽  
Business Law ◽  
The Cross

This article is an attempt at a comprehensive legal analysis of current problems of civil law in the fields of contemporary law of Ukraine. With regard to cross-industry links, legal doctrine is defined as relations of interdependence, conditionality and commonality between different legal sectors, including their individual parts. In particular, the problems of correlation of civil law of Ukraine with other branches of law, such as labor law, business law, administrative law, criminal law, information law, financial law, are considered. Considering the problems of civil law in the context of modern law, the connection between private and public in civil law of Ukraine was highlighted. It has been concluded that scientists have for many years regarded civil law as a basic component of private law, and in some cases even identified it. At the same time, both the branches of private law and the branches of public law are recognized as components of the unified system of law of Ukraine, and, accordingly, they cannot exist completely autonomously from each other. All areas of law interact and interact. It was possible to distinguish the civil law of Ukraine from other basic branches of the system of Ukrainian law, and to draw some conclusions about the recognition of the civil law of Ukraine as a complex branch of law. Civil law terms and concepts used in other areas of law, relevant industry codes or other regulatory issues were also considered. The cross-sectoral links of civil law, which are not only limited to the legislative sphere, but also the cross-sectoral links at the level of enforcement are highlighted. This article stated that in order to achieve a stable and efficient functioning of the legal system, as a component of the domestic legal system, it is possible, subject to fruitful cooperation of the legislator, theorists and practitioners, their main task – to justify and develop a single organic complex of balanced branches of law. That is why special attention should be paid to the interaction of civil law with other branches of Ukrainian law, in particular, to determine the points of their contact, permissible situations and limits of mutual influence. The tendency to expand the sphere of civil law is reflected in the domestic law enforcement practice, which is reflected in the actual extension of civil law structures to public rights, the judicial protection of which affects the rights and obligations of a private nature (in particular, it concerns a tax lien, financial credit, etc.). It is concluded that the system of civil (private) law should be characterized as clear criteria for boundaries of action and separation from related fields (industries). Public law, defined by the codes of the relevant sphere (branch) of law, and take into account the tendencies of development of relevant spheres of public relations by means of norms capable to create inter-sectoral links with public-law norms in the framework of complex legislative acts.

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