scholarly journals Latvijas Republikas privāttiesību tiesu praksē laiks pāršķirt lappusi analoģijas jēdziena un satura izpratnes attīstībā

2018 ◽  
Vol 2 (11) ◽  
pp. 37-49
Author(s):  
Rolands Kikors
Keyword(s):  
Historical Development ◽  
Case Law ◽  
Private Law ◽  
The Law ◽  
The Republic ◽  
Turn Over ◽  
Judicial Method ◽  
Court Practice

Rolands Kikors savā rakstā analizē Latvijas Republikas tiesu praksi, tostarp analoģijas kā juridiskās metodes piemērošanu privāttiesībās. Jāpiekrīt autora secinājumam, ka pareiza analoģijas piemērošana vairs nevar tikt saistīta tikai ar sausu analoģijas jēdziena iegaumēšanu un piemērošanu noteiktās situācijās. Autora raksta nosaukums ir visai ambiciozs – “Latvijas Republikas privāttiesību tiesu praksē laiks pāršķirt lappusi analoģijas jēdziena un satura izpratnes attīstībā’’. Vai judikatūras attīstība ir saistāma ar valsts vēsturisko attīstību? Iespējams, ka tā būtu jābūt. Rolands Kikors in his article analyses the Law Court practice in the Republic of Latvia, including application of analogy as a judicial method in private law court. One would agree with the conclusion provided by the author that appropriate analogy application is not any more mere memorisation and implementation of it in particular situations. The title of the article is quite ambitious – “It is Time to Turn Over a New Page in Evolution of Understanding the Concept and Matter of Analogy in Private Law Court Practice in the Republic of Latvia”. Is the development of case law connected with the historical development of a country? Probably, this is what it should be like.

COHABITANTS IN PRIVATE LAW: TRUST, FRUSTRATION AND UNJUST ENRICHMENT IN ENGLAND, GERMANY AND CANADA

2013 ◽  
Vol 62 (3) ◽  
pp. 629-665 ◽  
Author(s):  
Anne Sanders
Keyword(s):  
Intimate Relationships ◽  
Case Law ◽  
Private Law ◽  
Party Autonomy ◽  
Unjust Enrichment ◽  
Legislative Action ◽  
The Law ◽  
Canadian Provinces ◽  
The Right ◽  
English Canadian

AbstractNeither in England, nor in Germany, nor in all Canadian provinces, does the law provide specific rules for the redistribution of property for unmarried cohabitants after the breakdown of their relationship. Instead, courts apply the law of trusts, contract and unjust enrichment with an eye to the characteristics of intimate relationships, as, for example, in decisions like the EnglishJones v Kernott([2011] UKSC 53) and the CanadianKerr v Baranow(2011 SCC 10). This article compares English, Canadian, and German case law and evaluates it both from a doctrinal perspective and as a part of a general approach towards cohabitation. The article concludes with an appeal for legislative action that strikes the right balance between party autonomy and protection of the weaker party.

scholarly journals Orzecznictwo i doktryna jako źródło prawa prywatnego

2018 ◽  
Vol 112 ◽  
pp. 47-65
Author(s):  
Józef Frąckowiak
Keyword(s):  
Case Law ◽  
Court Decision ◽  
Private Law ◽  
Legal Norms ◽  
Applicable Law ◽  
Legal Relation ◽  
Unambiguous Determination ◽  
Legal Literature ◽  
The Republic

JURISPRUDENCE AND DOCTRINE AS A SOURCE OF PRIVATE LAWIn Polish legal literature, it has long been pointed out that jurisprudence and doctrine have an impact on the formation of legal norms. In private law, the influence of jurisprudence and doctrine is particularly visible. Despite the unambiguous determination in art. 87 of the Constitution of the Republic of Poland, which is a source of law, and lack of case law and doctrine in this list, they play an important role in the creation of the norms of applicable law. In the private law doctrine, it is assumed that the norm of applied law is nothing else but a legal relation understood as a pattern of authorized and prescribed behavior for its parties. Such a relationship that arises from a legal event is shaped by elements derived from: ius cogens norms, parties agreement, ius dispositivi norms, non-legal norms to which the law or agreement of the parties refers, and ultimately by a court decision, within the limits specified in art. 322 k.p.c Code of Civil Procedure. The presented study is devoted to demonstrating what is the role of jurisprudence and the doctrine supporting it in the interpretation of the concepts used in the regulations and what are the relations between the legislator and the case law in this respect.

scholarly journals The Protection of the Fundamental Procedural Rights of Business Entitiesby Applying Sanctions and the Results of the Legal Systematization of These Rights

Teisė ◽  
2021 ◽  
Vol 121 ◽  
pp. 115-134
Author(s):  
Eimantė Pogužinskė
Keyword(s):  
Public Administration ◽  
Present Article ◽  
Case Law ◽  
Rights Protection ◽  
The Law ◽  
The Republic ◽  
Business Entities ◽  
Procedural Rights

The present article analyses the extent of influence the adopted Article of the Law on Public Administration of the Republic of Lithuania (Art. 368, currently Art. 37), which systematises the basic procedural rights of business entities, has on the protection of business entities’ procedural rights, which are assured by the Supreme Administrative Court of Lithuania in its case law. The precise provisions invoked as basis for procedural rights protection in the case law of the Supreme Administrative Court of Lithuania regarding sanctions imposed on business entities are showcased. Furthermore, the results and plausible reasons for the application or non-application of procedural rights systematized in the Law on Public Administration are appraised.

scholarly journals The concept of proper quality of construction works in lithuanian construction law

2016 ◽  
Author(s):  
Sigitas Mitkus
Keyword(s):  
Case Law ◽  
Civil Code ◽  
Quality Requirements ◽  
Standard Quality ◽  
The Law ◽  
The Republic ◽  
Construction Law ◽  
Construction Works

The article analyses the concept of proper quality of construction works in law of the Republic of Lithuania. The analysis covers the quality requirements laid down in the Law on Construction, the Civil Code and case law. The article also defines and analyses the main categories used in Lithuanian law to characterise the quality of construction works, in particular, compliance with the standard quality of a construction works, compliance with the quality requirements set in contract documents, compliance with the requirements ordinarily presented for work of the respective nature, and fitness for use in accordance with its designation within the limits of a reasonable period.

The Nature and Sources of Ecclesiastical Law

2018 ◽  
Author(s):  
Mark Hill QC
Keyword(s):  
Historical Development ◽  
Church Of England ◽  
Case Law ◽  
Early Church ◽  
Soft Law ◽  
Ecclesiastical Law ◽  
The Reformation ◽  
The Law ◽  
The Church

This chapter examines the nature and sources of ecclesiastical law, or the law of the Church of England. It begins with a discussion of the purpose of the law of and for the Church of England, which is to regulate the functioning of the Church and its individual members by a combination of commands, prohibitions, and permissions. It then traces the historical development of ecclesiastical law, from the early Church through the Reformation and post-Reformation. It also considers the nature and effect of establishment of the Church as well as Acts of Parliament, measures, canons, and secondary legislation that have become sources of ecclesiastical law. Finally, it looks at other sources of ecclesiastical law including case law and precedent, quasi-legislation and soft law, jus divinum, custom, jus liturgicum and dispensation.

scholarly journals A zálogjog és a hitelbiztosítéki nyilvántartás

2016 ◽  
Vol 13 (1-2) ◽  
pp. 15-26
Author(s):  
Fanni Ferenczi
Keyword(s):  
Civil Code ◽  
Roman Law ◽  
Private Law ◽  
Credit Guarantee ◽  
The Law ◽  
The Republic

Analyzing th esystem of mortgage we must reach back to the Roman Law. At that era it had been possible to pledge liabilities, rights and moreover aggregated asset, property. Mortgage is a long term institute of Hungarian Private Law as well. Paragraphs 251 – 269 of Act IV of 1959 on the Civil Code of the Republic of Hungary regulates mortgage in the Law of Obligations, placed among collaterals. In the last two decades the old Civil Code of the Republic of Hungary has been modified twice. Act V of 2013on the Civil Code of the Republic of Hungary weakens but definitely rewritten the principles of lending. Regulation of mortgage and the system of chattel mortgage registry has significantly changed. Several novelty has been introduced therefore the system of chattel mortgage registry was reformed too. Detailed regulations of credit guarantee registry in Act CCXXI of 2013 and Act 18/2014. (III. 13.) KIM has also been accepted correspondingly to the previous changes.

scholarly journals Direct effect of the constitution and its impact on case-law in the Republic of Armenia

2021 ◽  
pp. 53-60
Author(s):  
Anahit Manasyan ◽  
Keyword(s):  
Law Enforcement ◽  
Direct Effect ◽  
Case Law ◽  
Constitutional Court ◽  
Priority Rules ◽  
Judicial Practice ◽  
The Law ◽  
The Republic ◽  
Direct Implementation

The article considers the issues with regard to the direct effect of the Constitution. The topic is presented by analyzing the techniques for proper implementation of the Constitution and ensuring the constitutionality of the law enforcement/judicial practice. Author differentiates the content of the concepts „direct effect” and “direct implementation” of the Constitution, presenting the essence of each of the notions. Techniques for proper implementation of constitutional norms are suggested by the author, analyzing also the implementation priority rules. According to the author implementing legislative provisions in conformity with their constitutionallegal content is another precondition for ensuring the proper application of the Constitution. The law enforcement/judicial practice can become a subject of consideration by the Constitutional Court of the Republic of Armenia if itis not an issue of legitimacy of the mentioned practice, but an issue of constitutionality of the latter, an issue of evaluation of the circumstance whether the legal acts are implemented in conformity with their constitutional-legal content in the frames of the mentioned practice is raised.

ROGUES, SWINDLERS AND CHEATS: THE DEVELOPMENT OF MISTAKE OF IDENTITY IN ENGLISH CONTRACT LAW

2005 ◽  
Vol 64 (3) ◽  
pp. 711-744
Author(s):  
Catharine MacMillan
Keyword(s):  
Criminal Law ◽  
Historical Development ◽  
Legal History ◽  
Tort Law ◽  
Case Law ◽  
Contract Law ◽  
Current Concern ◽  
The Law

THERE are few more vexed areas of contract law than that of a mistake as to the identity of a contracting party. The case law is difficult to reconcile. Judges and jurists disagree as to the effect of a mistake of identity upon the formation of a contract. This disagreement extends beyond discordance as to the operative principles to the very existence of the doctrine. That the issues are of current concern can be seen in the recent decision in Shogun Finance v. Hudson. This article examines how and why such a situation arose through an examination of the historical development of the doctrine. The thesis of this article is that the meaning of the early cases is obscured when they are viewed solely from a contractual perspective. The participants in these cases were also concerned with issues of criminal law and tort law. As these concerns disappeared from the law the meaning of the early cases was obscured and the cases have ceased to make sense. The article concludes with two sets of observations: first, what can be concluded, as a matter of legal history, from the development of this doctrine; secondly, how the modern law of mistake as to identity should regard these early cases.

scholarly journals THE LAWS OF ESTONIA ON THE CRIMINAL LIABILITY OF LEGAL ENTITIES

2020 ◽  
Vol 12 ◽  
pp. 70-77
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Liability ◽  
Private Law ◽  
Legal Entity ◽  
The Subject ◽  
Criminal Penalties ◽  
The Law ◽  
The Republic ◽  
Legal Entities

The article is devoted to the issues of criminal liability of legal entities in the Republic of Estonia, established by the Penitentiary Code of the Republic of Estonia in 2001. It is noted that the model of criminal liability is implemented in Estonian legislation, in which a legal entity is recognized as the subject of a guilty act. At the same time, only legal entities of private law can be held criminally liable, while the law does not provide for the prosecution of public legal entities. It is indicated that a legal entity is liable in the event of committing guilty acts (crimes and misconduct) in the interests of the relevant legal entity by its body, a member of this body, a senior employee or a competent representative. The main and additional types of criminal penalties for legal entities are considered.

scholarly journals THE LAWS OF LATVIA ON THE CRIMINAL LIABILITY OF LEGAL ENTITIES

2020 ◽  
Vol 11 ◽  
pp. 73-80
Author(s):  
Aleksandr V. Fedorov ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Private Law ◽  
Legal Entity ◽  
The Law ◽  
The Republic ◽  
The Right ◽  
Legal Entities

The article is devoted to the issues of criminal liability of legal entities in the Republic of Latvia, established in 2005 by amending the Criminal Law of the Republic of Latvia. Attention is drawn to the fact that in the Latvian legislation a model of criminal liability is implemented, in which a legal entity is recognized not as a subject of a crime, but as a subject of criminal liability, to which measures of a coercive nature provided for by the Criminal Law are applied. At the same time, only legal entities of private law are subject to criminal liability, while the law does not provide for bringing public legal entities to criminal liability. The reasons for the application of enforcement measures to legal entities and the types of such measures are considered. It is indicated that compulsory measures against a legal entity can be applied for a criminal act if it was committed in the interests of the relevant legal entity, in its favor or as a result of improper supervision on its part by a responsible individual who acted individually or as part of a collegial body of a legal entity. In this case, a specially authorized person means a person who acted: on the basis of the right to represent a legal entity or act on its behalf; on the basis of the right to make decisions on behalf of a legal entity; or on the basis of the right to exercise control within a legal entity. The author considers the enforcement measures applied to legal entities (liquidation; restriction of rights; confiscation of property; monetary recovery), as well as criminal procedural issues of the application of compulsory measures to legal entities.

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