scholarly journals Curative protection for the satisfaction of the weaker party in contractual relations: الحماية العلاجية لرضا الطرف الضعيف في العلاقات التعاقدية

2020 ◽  
Vol 4 (5) ◽  
Author(s):  
Hiba Mehdi Adnan Al-Fahham, Ammar Kereem Al-Fetlawy
Keyword(s):  
Legal Protection ◽  
Comparative Approach ◽  
Legislative Organization ◽  
Economic Relations ◽  
Contractual Relationships ◽  
Legal Texts ◽  
Economic Coercion ◽  
The Subject ◽  
Contractual Relations ◽  
Weak Party

The subject of curative protection to the satisfaction of the weak party in contractual relations is one of the issues that have taken on the opinion of legal jurisprudence, it had to be addressed by research and study, especially in the current situation because of this prominent issue in the relations of people in the field of concluding contracts, despite the importance of this The topic, however, we find that he did not receive a share of the legislative organization commensurate with that importance, because the legislator did not put clear or direct texts through which the weak party’s satisfaction could be protected, but rather different theories scattered in various laws that did not reach the level of familiarity with this issue in all its aspects. Therefore, it is necessary to search for solutions through which we can protect the consent of the weak party ... all that and more that we covered in this study by following both the inductive approach and the comparative approach and the analytical approach, where we extrapolated the most important jurisprudence opinions that were said in this regard, as well as the analysis of legal texts and that Within the scope of Iraqi law and French law, and then we extrapolated the most important doctrinal opinions to the most important results and proposals we have reached to protect the consent of the weak party in contractual relations. The study reached a set of results, among which the researcher reached a set of results, including the creation of the French legislator a new defect in his legislation, which the judiciary had the largest role in alerting to the existence of this defect, its purpose is to protect the consent of the weak party in economic relations, by setting the dependency criterion as the origin of the contractor the weak victim of this kind of coercion. Secondly, the grace period despite thinking is a modern idea, but the French legislator clarified the mechanisms that contractors can follow in their contractual relations and impose a penalty in the event that the weak contracting professional is deprived of it, as it is a right granted to the weak party according to clear and explicit legislative texts. The researcher reached a set of recommendations, among which we recommend the legislator to introduce the defect of economic coercion to address cases of imbalance in the contractual balance that he seeks to achieve in all contractual relationships. We suggest that the Iraqi legislator stipulates the deadline for thinking about its legislation, because the protection that is granted to the weak party is only subsequent protection, at a time when the weak party needs legal protection prior to concluding the contract.

scholarly journals Criminal Legal Protection of Property in Russia in the Conditions of Development of Property Relations

2018 ◽  
Vol 7 (3.15) ◽  
pp. 240
Author(s):  
Aleksandr Vasilievich Groshev ◽  
Aleksandr Georgievich Saprunov ◽  
Andrey Vladimirovich Shulga ◽  
Romen Rakhimmulovich Galiakbarov ◽  
Aleksandr Aleksandrovich Tushev
Keyword(s):  
Property Rights ◽  
Market Economy ◽  
Information Society ◽  
Legal Protection ◽  
Physical Parameters ◽  
Economic Relations ◽  
Property Relations ◽  
Material Goods ◽  
The Subject ◽  
Material Benefits

The main purpose of the work is to prove that the subject of thefts and other crimes against proprietorship, which is property, should be interpreted in a broad sense – not only as choses, but also as other property, including property rights. The method of achieving this goal is to justify the fact that in the conditions of building an information society and developing market economy, the field of property turnover is expanding. Economic relations increasingly include both material benefits – choses - and other property that does not have any physical parameters of a traditional chose, being incorporeal, intangible, having the information nature. This tendency is undoubtedly taken into account by the criminal environment, which increasingly often commits crimes aimed at unlawful acquisition of this incorporeal property.Therefore, it is required to strengthen the legal protection of nonmaterial property by criminal legal means, recognizing the thefts of both choses and material goods as the subjects of crimes against property. As a result of unlawful acquisition of these goods, property damage is also caused to their owners. The recognition of property rights as the subject of theft determines the novelty of this article.  

Legal views of E. Olesnytsky

2020 ◽  
pp. 39-48
Author(s):  
Liubomyr Ilyn
Keyword(s):  
Legal Protection ◽  
Legal Culture ◽  
Political Activity ◽  
Practical Significance ◽  
Comparative Approach ◽  
Public Interests ◽  
Cooperative Movement ◽  
Special Scientific ◽  
General Scientific ◽  
The Right

Purpose. The purpose of the study is to analyze the legal and state views of E. Olesnytsky, in particular his assessment of imperial law, as well as practical activities as a lawyer and one of the initiators of the cooperative movement in Galicia in the early twentieth century. Methods. The methodological basis of the study was a set of general scientific, special scientific and philosophical methods, as well as the principles of historicism. The key was the biographical method and the comparative approach, which allowed to reveal the peculiarities of the formation of legal views of E. Olesnytsky. Findings. It is established that through the prism of the analysis of political and legal views of E. Olesnytsky it is possible not only to trace the level of legal culture, social and political activity of the population of Galicia, but also to determine the practical content of imperial legislation. The influence of I. Franko and socialist ideas in general on the legal views of E. Olesnytsky, who was one of the founders of the «Сhasopys Рravnycha», actively analyzed the imperial regional legislation for expediency, rationality and compliance with public interests. This work was key in raising the level of legal culture of the population, and after 1891 it was supplemented by the legal activity of E. Olesnytsky. Among the regional legislation, the lawyer's special attention was drawn to the right of propination, which gave large landowners a monopoly on the production and sale of alcohol. After 1901, E. Olesnytsky focused on the development and popularization of the cooperative movement in Galicia, including the legal protection of producers and sellers of agricultural products. Originality. The directions of E. Olesnytsky's professional and professional interests in the field of economic and financial law of Austria-Hungary, advocacy and organization of the cooperative movement are determined. Practical significance. The results of the study can be used in further historical and legal research, preparation of special courses.

Equity and certainty in contract law

Acta Juridica ◽  
2021 ◽  
Vol 2021 ◽  
pp. 141-176
Author(s):  
F Brand
Keyword(s):  
Supreme Court ◽  
Contract Law ◽  
Constitutional Court ◽  
High Court ◽  
Contractual Relationships ◽  
The Supreme Court ◽  
The Subject ◽  
Court Of Appeal ◽  
Do So

The role of abstract values such as equity and fairness in our law of contract has been the subject of controversy for a number of years. In 2002 the Supreme Court of Appeal took the position that these values do not constitute self-standing grounds for interfering with contractual relationships. Despite this being consistently maintained by the SCA in a number of cases, some High Court judges deviated from this position on the basis that they were permitted to do so by some minority judgments and obiter dicta in the Constitutional Court. The uncertainty thus created has fortunately now been removed by the judgment of the Constitutional Court in Beadica v The Trustees for the Time being of the Oregon Trust.

The Prosecutor in Arbitration: A Historical Perspective

2021 ◽  
Author(s):  
E.V. Kolesnikov ◽  
Keyword(s):  
Economic Activity ◽  
Present Stage ◽  
Society Business ◽  
Economic Relations ◽  
Legal Norms ◽  
Stage Of Development ◽  
Legitimate Interests ◽  
The Subject ◽  
Business Entities ◽  
Degree Of Participation

The subject of the study is a retrospective of the legal norms formation. Under these norms the prosecutor will be able to govern the issues of ensuring the legitimate interests of the state, society, business entities and the rights of citizens in resolving disputes in the field of economic activity. Chronological framework of research includes the period from the establishment of prosecutor's office in 1722 up to the collapse of USSR in 1991. The relevant legislation is analyzed. The author examines the scope of prosecutor powers in this sphere at different stages of formation and development of prosecution, and reveals the problems of determining the prosecutor's office place in the system of existing at that time bodies of state power. It is concluded that the prosecution authorities, since their creation in Russia and up to the present stage of development, taking a greater or lesser degree of participation in the resolution of disputes in the sphere of economic activity, played a significant role in the protection of exclusively state interests. The interests of society, business entities and citizens in the sphere of economic activity if there is a dispute were considered only through the prism of such interests. The hierarchy of interests of participants of economic activity in dispute resolution was unbalanced and built without taking into account the interests of all participants of economic relations.

scholarly journals Akses Karya Cipta Audiobook Bagi Disabilitas Netra : Perspektif HAM

Acta Comitas ◽  
2019 ◽  
Vol 4 (3) ◽  
pp. 433
Author(s):  
Bagus Gede Ari Rama Bagus Gede Ari Rama ◽  
Ni Ketut Supasti Dharmawan
Keyword(s):  
Research Method ◽  
Government Regulation ◽  
Legal Protection ◽  
People With Disabilities ◽  
Comparative Approach ◽  
Blind People ◽  
Legal Certainty ◽  
Legal Research

Audiobook access for people with disabilities is very important. Access is the convenience that people get from a service. This study aims to analyze the legal certainty and legal protection of audiobook copyright access for blind people with disabilities. This study uses a normative legal research method with a statutory approach and comparative approach. This research found that access to audiobooks' works has been regulated in the Marrakech Treaty, Copyright Act Number 28 of 2014 and Government Regulation Number 27 of 2019. Akses karya cipta audiobook bagi disabilitas sangat penting. Aksesibilitas merupakan kemudahan yang didapat oleh orang terhadap suatu layanan. Penelitian ini bertujuan untuk menganalisis kepastian hukum serta perlindungan hukum akses karya cipta audiobook bagi disabilitas tuna netra. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan perundang-undangan dan pendekatan komparatif. Dalam penelitian ini menemukan bahwa akses karya cipta audiobook telah diatur dalam Traktat Marrakesh, UUHC 2014 serta Peraturan Pemerintah Nomor 27 Tahun 2019.

scholarly journals PROBLEMS OF PROTECTION AGAINST CORRUPTION IN THE HEALTHCARE SYSTEM

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 65-70
Author(s):  
E. V. Shirmanov ◽  
Keyword(s):  
Health Sector ◽  
Legal Protection ◽  
Criminal Code ◽  
Right To Health ◽  
Constitutional Rights ◽  
Quality Of Medical Care ◽  
The Subject ◽  
The Right ◽  
Normal Relationship

The Right to health protection is one of the most fundamental constitutional rights. It is subject to criminal legal protection. While the attacks on him appear not only in the form of crimes such as causing harm by negligence (part 2 of article 118 of the Russian Criminal Code), failure to assist a patient (article 124 of the Russian Criminal Code), etc., but also corruption crimes. Corruption threatens the normal relationship between doctor and patient, medical institution and patient, which reduces the quality of medical care. It threatens not only people’s property, but also their lives and health. Manifestations of corruption in health care are different, they are many, and they should all be taken into account in determining measures and means to combat this dangerous social phenomenon. The effectiveness of the fight against corruption in the health sector is largely due to the knowledge of its various manifestations. These problems are the subject of the proposed article

scholarly journals Legal safeguards for juvenile accused at trial stage: الضمانات القانونية للمتهم الحدث في مرحلة المحاكمة

2020 ◽  
Vol 4 (1) ◽  
Author(s):  
Maha Saad Said Al-shahrani
Keyword(s):  
Fair Trial ◽  
Comparative Approach ◽  
Juvenile Period ◽  
Rights Of The Child ◽  
The Social ◽  
Legal Texts ◽  
The Future ◽  
Social Observation ◽  
A Priority ◽  
Welfare Institution

This study aimed to analyze and compare the legal guarantees of the juvenile accused in the trial stage under both the Saudi regime and the Convention on the Rights of the Child. On the analytical and comparative approach, through the analysis of criminal legal texts dealing with the organization of legal safeguards for the juvenile accused at the trial stage until we find out their adequacy and inadequacy and their effectiveness in achieving a fair trial for juveniles, and compare them with the Convention on the Rights of the Child to address deficiencies and deficiencies, if any, and rectify them. This study culminates in a number of results, the most important of which are: The conviction of the juvenile should not be considered a priority, because it is unfair to load the juvenile mistakes in his juvenile period, in addition to this may affect the future of the event, and make him an adult deviant. The study also reached a number of recommendations, the most important of which are the following: Using the technical means in the social observation house and the girls' welfare institution when conducting the trial with juveniles, because of its importance in the event feeling of peace and comfort Consequences of being in a room isolated from the atmosphere of the trial.

scholarly journals POLITICAL AND ECONOMIC CONTENT OF THE THEORY OF INTERNATIONAL TRADE

2021 ◽  
Vol 118 (5) ◽  
pp. 48-65
Author(s):  
ONYSHCHENKO Volodymyr
Keyword(s):  
International Economic ◽  
Political Economy ◽  
International Trade ◽  
Trade Policy ◽  
State Level ◽  
Trade Theory ◽  
Economic Relations ◽  
International Economic Relations ◽  
The Subject ◽  
The Impact

Background. Dynamic changes in international economic relations and trade for thorough analysis and forecasting require an adequate paradigm of international trade theory, which would take into account not only economic and political factors of its development, but also the diverse civilizational context of the world community, which determines mental, social and cultural features of the development of a country. Problem research state. Problems of political economy in international trade to some extent affect the research of P. Krugman, M. Obstfeld, J. Frieden, E. Helpman, P. S. Afontsev, A. Mazaraki, T. Melnyk, V. Panchenko, N. Reznikova and others. But the structure of its methodological discourse and the subject of its research remain unclear. The aim of the articleis to clarify the political and economic discourse of the theory of international trade. Materials and methods. The materials of the research were the works of domestic and foreign specialists. In the process of preparing the article, general scientific research methods were used: historical, logical analysis, synthesis and abstraction. Results. Political economy is a normative manifestation of economic theory, which is formed under the influence of socio-economic and political concepts, the formed goals of social development. The subject of political economy of international trade – economic and socio-political relations that determine and accompany international trade and determine the goals and content of trade policy of its subjects. It is proposed to expand the mechanism of formation of relative advantages and trade policy of the country by including factors that determine not only its economic potential and specialization, but also the risks that may be caused by political decisions. It is argued that the problem of «protectionism vs liberalism» in international trade at the state level will always exist. It turns out that the problem of justice in international economic relations and trade is determined by the civilizational content of the development of countries, in which human capital plays a crucial role. Conclusion. The paradigm of political economy in international trade should be based on an expanded interpretation of relative benefits by assessing the impact of economic, social and political institutionson them, the peculiarities of national trade policies.

scholarly journals CONTAMPORARY GLOBAL DEVELOPMENT’S FACTORS

2019 ◽  
pp. 7-14
Author(s):  
Irina Afanasyeva
Keyword(s):  
World Order ◽  
Subject Area ◽  
Global Development ◽  
Foreign Economic Policy ◽  
Economic Relations ◽  
Contemporary World ◽  
The World ◽  
World Economic ◽  
The Subject ◽  
Global World

At the turn of the third Millennium, significant changes have affected the global world. The contemporary world economy, the world order, international organizational and economic relations are all involved in the intensive process of global development. There is no country in the world that is able to form and implement foreign economic policy without taking into account the behavior of other participants within the world economic system. Scientific and practical analysis of the subject area of the existing research has predetermined the key objective of this article – to determine the factors of contemporary global development.

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