scholarly journals The Importance of Insurance Premium Payment Moment, One of the Key Elements of Insurance Contract and the Respective Problematic

2017 ◽  
Vol 4 (1) ◽  
pp. 57
Author(s):  
Juliana Bylykbashi
Keyword(s):  
Insurance Premium ◽  
Civil Code ◽  
Insurance Contract ◽  
The Other ◽  
Premium Payment ◽  
Judicial Practice ◽  
The One

The goal of this paperwork refers to civil specific legal insurance relationships, like premium payment. The motive to deal with this aspect comes because of various doctrinal interpretations and especially because of some legal situations which present problematics in its definition according to Albanian civil legislation which provides insurance contract and its interpretations encountered during the Albanian judicial practice. The questions coming up dealing this issue are: Depending on premium payment moment, how is the insurance contract classified, as a consensual or a real one? On the other side, depending on the answer of the first question, when an insurance contract is considered valid: when the deal is concluded or once the premium is paid? And in the end, according to the answers of the aforementioned questions, there comes an important issue, the one of determining the time when the insurer responsibility starts toward the insured, regarding the contract conclusion, as provided in Article 1124 of the Civil Code of Republic of Albania, or premium payment, either partial or full premium payment, which is the principal reasons that precedes the initial of insurer’s responsibility. This paperwork is basically relied on doctrinal interpretations regarding the abovementioned questions, the interpretation of Albanian Courts of Articles 1124 and 1125 of the Civil Code of Republic of Albania, and on courts decision upon these issues.

scholarly journals PERHITUNGAN PREMI ASURANSI JOINT LIFE DENGAN MODEL VASICEK DAN CIR

2019 ◽  
Vol 8 (3) ◽  
pp. 246
Author(s):  
I MADE WAHYU WIGUNA ◽  
KETUT JAYANEGARA ◽  
I NYOMAN WIDANA
Keyword(s):  
Stochastic Process ◽  
Interest Rates ◽  
Life Insurance ◽  
Insurance Premium ◽  
Insurance Contract ◽  
Insurance Company ◽  
Vasicek Model ◽  
Cir Model ◽  
Premium Payment ◽  
Premium Price

Premium is a sum of money that must be paid by insurance participants to insurance company, based on  insurance contract. Premium payment are affected by interest rates. The interest rates change according to stochastic process. The purpose of this work is to calculate the price of joint life insurance premiums with Vasicek and CIR models. The price of a joint life insurance premium with Vasicek and CIR models, at the age of the insured 35 and 30 years has increased until the last year of the contract. The price of a joint life insurance premium with Vasicek model is more expensive than the premium price using CIR model.

scholarly journals PROFIT AND LOSS SHARING IN THE PARTNERSHIP AGREEMENT UNDER THE NEW ROMANIAN CIVIL CODE

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Amelia Veronica Singh
Keyword(s):  
Ab Initio ◽  
Profit Sharing ◽  
Civil Code ◽  
The Other ◽  
Other Hand ◽  
The Law ◽  
Partnership Agreement ◽  
The One ◽  
Profit Share

The new Romanian Civil Code regulations have reconfirmed the rule ofproportionality when speaking about profit and loss in a partnership agreement. Basically,the law does not require that the participation of partners in profit and loss be necessarilyproportional to their contribution to the society’s capital and the associates can evendetermine their share of benefits and losses. In case the associates establish by contract onlytheir share of benefits, then their contribution to losses will become proportional to theirprofit share. If the share of profit is not proportionally equal with the contribution, then thecontribution to debts will be proportional with the profit share and not with the contributionbrought to the capital.One must keep in mind as compulsory the condition that each partner shouldparticipate both in profit and loss sharing. On the one hand, a partner cannot reserve all thebenefit for himself only, while on the other hand the partners cannot decide that one orseveral of them are exempted from participating in loss sharing. Also, they cannot set aprovision by which a partner is excluded wither from profit sharing or from participation inloss, as this provision would be void ab initio.

scholarly journals PROCEDURAL STATUS OF A LEGAL REPRESENTATIVE IN THE MODERN RUSSIAN CRIMINAL PROCESS

2021 ◽  
Vol 31 (4) ◽  
pp. 669-673
Author(s):  
L.G. Tatyanina ◽  
E.V. Markovicheva
Keyword(s):  
The Other ◽  
Universal Model ◽  
Legal Representative ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Representation ◽  
Judicial Practice ◽  
The Law ◽  
The One ◽  
Modern Russian

The article reveals the features of the normative consolidation of the procedural status of a legal representative in the Russian criminal process. The authors focus their attention on the problems of investigative and judicial practice related to the shortcomings of the current legislation. The most important issues that need to be addressed as soon as possible have been identified. Particular attention is drawn to the need to resolve problems arising from conflicts between a legitimate representative and a person represented by him/her, which gives rise, on the one hand, to grounds for appealing against decisions made, and on the other, to a conflict between the parties, which may affect their subsequent relationship. The absence of a single rule regulating the rights of legal representatives raises questions in practice about the possibility of their participation in individual investigative and procedural actions, applications, etc. Attention is drawn to the lack of regulation in the law of the duties of a legal representative in criminal proceedings, which creates controversial situations when assessing their behavior, especially when deciding on their removal from participation in the case. The article concludes that it is necessary to develop a single, universal model of legal representation in criminal proceedings.

scholarly journals Huellas del vicio redhibitorio romano en el Código Civil español

2020 ◽  
pp. 227
Author(s):  
Teresa González Herrero
Keyword(s):  
Civil Code ◽  
The Other ◽  
Roman Law ◽  
Time Space ◽  
The One

En la regulación normativa del contrato de compraventa de nuestro Código Civil puede constatarse una clara huella y supervivencia del Derecho romano. En particular, la protección prevista por razón de los vicios ocultos reproduce, casi literalmente, la contemplada en Roma, donde la noción de vicio redhibitorio se origina y evoluciona en el seno del Derecho edilicio. Tal concepto, se forma en correspondencia al contexto espaciotemporal y socioeconómico en el que se desarrolla y evoluciona el Derecho edilicio en relación con las demás fuentes. Todo ello condicionó las acciones procesales ofrecidas por los Ediles, su naturaleza y finalidad, así como el régimen de responsabilidad del vendedor. Teniendo en cuenta pues, tales variables, el estudio pretende profundizar en la casuística romana para, desde la misma, extraer los principales rasgos del concepto de vicio en nuestro Código Civil.In the normative regulation of our Civil Code we can verify the echo and survival of the Roman Law. Specifically, the protection provided by reason of latent defect, reproduces, almost literally, that reproduces the one contemplated in Rome, where the notion of redhibitory vice that was originated and evolved within the aedilitian Law. That same concept was formed depending on the socioeconomic and time-space context in which the aedilitian Law developed and evolved in relation to the other sources. All of that, influenced the procedural actions offered by these magistrates, its nature and goal, as well as the responsibility of the seller. Bearing these variables in mind, as it was said, the study intends to delve the Roma casuistry to, from itself, to extract the main features of the concept of vice in our Civil Code.

scholarly journals Legal doctrine as a result of courts’ enforcement activity

2020 ◽  
pp. 54-62
Author(s):  
Parkchomenko Natalia
Keyword(s):  
Law Enforcement ◽  
The Other ◽  
Legal Doctrine ◽  
Standard Case ◽  
Judicial Practice ◽  
Legal Effect ◽  
Judicial Doctrine ◽  
The One ◽  
Definition Of ◽  
Enforcement Activity

The conceptual approaches to determine the essence and a concept of a legal doctrine as a source of law were found. The value of generally accepted principles of State’s and law development in the process of legislation activity and enforcement, including the interpretation rules of law, was highlighted. Although, the legal doctrine could change in nature, that determines its essence, content and mission. So the purpose of this research, accordingly, is to figure out the essence and concept of legal doctrine that is emerging in a result of the consolidation of courts’ enforcement and law interpretation practice. On the one hand, law enforcement and law interpretation by judicial authority must be based on the achievements in the legal science. On the other hand, it serves as a court-made doctrine. It creates the conceptual approaches to overcome gaps in a law and to improve a law enforcement. It influence on the development of legal system and system of law. It was concluded that judicial doctrine is formed by a formulation of typical approaches, established to solving specific cases. Introduction to the Ukrainian legislation such notions as “exemplary case” and “standard case”. This above mentioned is an important step to the increasing importance of judicial doctrine and recognition of its role as a source of law in Ukraine. Thus the perception of law, judicial practice, judicial legislation in society is changing. Also, in our review, the legal construction of the definition of The Supreme Court’s conclusions legal effect requires the enhancement. That is due to their binding nature, as enshrined in the Constitution of Ukraine. Only on that condition, the increasing of effectiveness of judicial enforcement and perception of judicial doctrine as a source of law may be expected.

scholarly journals Zum kollisionsrechtlichen Umgang mit sachenrechtlichen Eigentumsvermutungen aus dem Besitz

2021 ◽  
Vol 30 ◽  
pp. 90-98
Author(s):  
Aleksandar Zivanic
Keyword(s):  
Burden Of Proof ◽  
Civil Code ◽  
The Other ◽  
Conflict Of Laws ◽  
The One ◽  
Made In

A presumption is made in the favour of the possessor of a movable thing that he is the owner of the thing, and likewise it is presumed that a former possessor was the owner during the term of his possession. However, legal presumptions such as those behind the German Civil Code’s §1006, subsections 1 and 2 (or §90 of the Estonian Law of Property Act) are shifting the burden of proof to the other party, the one who is not or was not the possessor of the movable. The paper examines the attendant issues with regard to conflict of laws, with the conclusion that it remains unclear whether legal presumptions arising from possession should be qualified by the lex rei sitae doctrine (per the Introductory Act to the German Civil Code, Article 43, Subsection 1), instead as ‘rights over an object’ (under that article’s Subsection 2), or in line with procedural regulations (lex fori).

RIOT VICTIMS AND THE DOCTRINE OF PROXIMA CAUSA IN INSURANCE LAW: THE LESOTHO EXPERIENCE

2002 ◽  
Vol 46 (1) ◽  
pp. 59-91
Author(s):  
WANYAMA KULUNDU-BITONYE
Keyword(s):  
Insurance Contract ◽  
The Other ◽  
Insurance Risk ◽  
Critical Factors ◽  
Insurance Law ◽  
Other Hand ◽  
The One ◽  
Insured Event

One of the most critical factors on the conclusion of an insurance contract is to determine the extent of the insurance risk or cover. This enables parties to the contract to ascertain for themselves the rights and obligations under the policy. On the one hand, the extent of insurance risk determines what is recoverable by the insured or assured on the occurrence of the insured event, and, on the other hand, what level of liability is assumed and the premiums payable to the insurer. The extent of insurance risk also determines what rememdial action, if any, may be undertaken by the insured or assured by way of taking out extra insurance, if the policy at hand is not adequate.

scholarly journals A vagyoni értékű jogok apportálhatósága és az egységes szabályozás hiányának problematikája

2015 ◽  
Vol 12 (3-4) ◽  
pp. 114-120
Author(s):  
Zóra Zsófia Lehoczki
Keyword(s):  
Real Estate ◽  
Income Tax ◽  
Civil Code ◽  
Personal Income ◽  
The Other ◽  
Personal Income Tax ◽  
The Real Estate ◽  
Judicial Practice ◽  
Other Hand ◽  
The Right

According to the new Hungarian Civil Code, the funders of the legal entities have to make contributions to the authorised capital and the two forms of these contributions are the contribution is cash and the contribution in kind. The regulation states that proprietary rights can also be transferred to the capital of businness accociations, by those funders, who are entitled to demise them. The judicial practice unanimously defined the rules in those cases, when the object of contribution in kind is a certain proprietary right, especially when the right is connected to the real estate. On the other hand, the Civil Code does not contain a list of those proprietary rights, which can be transferred to the authorised capital and unfortunately, different acts contain different lists of these rights. The three mentioned acts are the following: the personal income tax act, the act about the fees and the accounting act. All of them contain a list of proprietary rights and some of the items are regulated by all the three of them but most of the items are different, which means it is impossible to create an accurate list of these rights. For example, the list in the personal income tax act contains only five items, on the other hand, the accounting act contains two lists and both of them are unfinised. Because of the lack of unified rules, it is impossible to define which proprietary rights can become the objects of contribution in kind and this misfortunate situation causes a lot of unwanted indefinability and states a lot of questions. In my essay I introduce this problem and I use a chart to illustrate the differences between the mentioned lists. In my opinion, this problem could be solved with an unified list, which is normative for every regulation in connection with the proprietary rights or the Civil Code should contain a list of those proprietary rights, which can be the objects of contribution in kind.

scholarly journals THE FAMILY AGREEMENT

2021 ◽  
Author(s):  
Raffaele Ambrosino
Keyword(s):  
Civil Code ◽  
The State ◽  
The Other ◽  
The Family ◽  
The One ◽  
A Company ◽  
Intra Family ◽  
Family Transmission

The family pact introduced in the civil code by Law n. 55 of 2006 is an institution (expressly) derogating from the ordinary rules of the necessary succession, objectively and subjectively qualified and characterized by a very specific purpose consisting in ensuring the integrity and stability of a company compendium on theoccasion of an intra-family transmission deed of the same.With the positivization of the institute, the legislator intended to balance the need to protect the rights of the legitimates of an entrepreneur on the one hand and the need to avoid the disintegration of the business complex following the establishment of the state of hereditary communion on the other. the same, with the intention of safeguarding the productivity of the company and the related super-individual interests that arise from it.

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