scholarly journals The legal nature of an autonomous robot in determining the subject of property legal responsibility: theory and practice

2019 ◽  
Keyword(s):  
Autonomous Robots ◽  
Autonomous Robot ◽  
Theory And Practice ◽  
Roman Law ◽  
Legal Responsibility ◽  
Legal Nature ◽  
Balance Of Interests ◽  
The Status ◽  
The Subject ◽  
Legal Fact

In the article, given the need to distinguish between "objects" and "subjects" of legal relations, the issues of determining the subject of property legal responsibility are considered when there is a legal fact of unlawful behavior of an autonomous robot. As an idea-antithesis with respect to the idea of ​​an “electronic person”, it is proved that, by making appropriate changes in the current legislation, not to provide an autonomous robot with the status of a “subject of legal relations”. In general the features of functioning of autonomous robots are examined from position of "de lege lata" and "de lege ferenda". The features of concepts "Technical lack of autonomous robot" and "illegal excess of functioning of autonomous robot" are indicated. Underlined, that the guarantees of balance of interests of "producers" (developers), "consumers" (owners, users), "third persons", first of all suppose the presence of "insurance of risk of functioning of autonomous robots" (for example, "Contract of insurance of risk of illegal result of functioning of autonomous robot"), of the "compensative money system" of accruals, "registration of autonomous robots" consists. Grounded, that autonomous robot (for example, "military-battle autonomous robot") as an object of legal relationships can be embraced by a category "source of enhanceable danger". Text of addition of the corresponding article of the Civil code of Ukraine is proposed. It is also indicated on expediency of presence in this code of the separate article with the name: the "Illegal excess of functioning of autonomous robot, subject to obligatory registration" (text of the article is set forth). The variant of understanding of autonomous robots is analysed, as well as "animals", by the special objects of civil legal relationships, and also suggestion to give to the autonomous robots status analogical to status of slave in the Ancient Roman law. Drawn conclusion in relation to understanding of autonomous robot as quasisubject or subject of legal relationships.

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

scholarly journals BETWEEN THEORY AND PRACTICE: NEW PERSPECTIVES ON THE ROMAN LAW OF LETTING AND HIRING

2006 ◽  
Vol 65 (2) ◽  
pp. 423-437 ◽  
Author(s):  
Paul Du Plessis
Keyword(s):  
Theory And Practice ◽  
Complete Picture ◽  
Roman Law ◽  
Specific Focus ◽  
Compilation Process ◽  
The Subject ◽  
The Law ◽  
Different Parts

JURISTIC writing and Imperial Constitutions on the subject of locatio conductio, collected by the compilers to produce D.19.2 and C.4.65, do not present a complete picture of the Roman law of lease. Not only were most of these texts severed from their original context, but the statements in the Introductory Constitutions to different parts of the Corpus Iuris Civilis also indicate that a large number were eliminated in the compilation process. Although it can hardly be disputed that what the compilers chose to include in these two titles was an accurate account of the law of letting and hiring in force during the time of Justinian, it has been credibly suggested that these titles were given a specific focus in order to project a particular image of the Roman rental economy.

scholarly journals Obligación contractual = Contractual obligation

2020 ◽  
pp. 164
Author(s):  
Ricardo Gutiérrez Aguilar
Keyword(s):  
Legal Theory ◽  
Tort Law ◽  
Theory And Practice ◽  
Roman Law ◽  
Dual Nature ◽  
Contemporary Debate ◽  
Contractual Obligation ◽  
Legal Obligations ◽  
Sudden Rise ◽  
The Subject

Resumen: El presente trabajo se plantea los interrogantes tanto legales como morales a que una teoría del contrato –y de su equivalente deóntico, la promesa– aboca. Encontramos esta doble naturaleza de las obligaciones legales ya desde los tiempos del derecho romano clásico, pero no es sino desde los años 80 que el tema ha experimentado una segunda vida académica. Con el advenimiento de la llamada muerte del contrato, los teóricos de la materia han discutido si el derecho civil no debería reabsorber la teoría general sobre el contrato como disciplina independiente, y reducir su componente moral. Las obras de Charles Fried y de Patrick Atiyah, reivindicando un compromiso moral fuerte en el ejercicio de la teoría y práctica jurídica de la promesa han abierto el camino a la actualidad del debate y presentado una alternativa a la exitosa teoría económica del contrato. Palabras clave:Obligación, contrato, promesa, teorías económicas del contrato, teorías deónticas del contrato Abstract: The aim of present article is to lay out the usual legal and moral enquiries to which a theory of contract –and its deontic equivalent, promise– leads. We can assess this dual nature of legal obligations even in classic Roman Law times, but it is not until the 80s that the issue has experienced a second academic life. With the sudden rise of scholarship around the so-called death of contract, theorists on the subject have discussed if would not be more convenient to reabsorb the general theory of contract as an independent discipline within tort law, reducing in this exercise its moral component. Charles Fried’s and Patrick Atiyah’s work vindicating a strong moral commitment in legal theory and practice through the underlying idea of promise has left opened the trail to contemporary debate and offered an alternative to the otherwise successful economic theory of contract. Keywords: Obligation, contract, promise, economic theories of contract, deontic theories of contract

scholarly journals Prosecutor's authority in the conceptual-categorical apparatus of the theory and practice of prosecutorial activity outside the criminal law sphere

2021 ◽  
pp. 58-68
Author(s):  
Darina Viktorovna Kocheva
Keyword(s):  
Semantic Content ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Public Interests ◽  
Legal Obligations ◽  
Legal Nature ◽  
Private And Public ◽  
The Subject ◽  
Universal Definition

The subject of this research is the approaches existing in the theory and practice of prosecutorial activity towards determination of the concept of “prosecutor's authority” and its constituent definitions, their correlation with the scientific views of legal scholars upon the state-legal category of “authority”. Due to the fact that any science is based on the terminological framework, featuring units that differ in their semantic content, the research of the cognizable basic category that does not have a universal definition, neither in science nor effective legislation, as well as the contradicting legal phenomena of different legal nature (rights and obligations) at its part, substantiates the relevance of this research. The scientific novelty of lies in the author’s argumentation of similar, identical and opposite perspectives on the subject matter existing in the literature, effective legal regulation, personal experience of working in the prosecutor's office, justification of conclusion in the indicated category of “legal obligations”. The author comes to the conclusion there is no need for normative differentiation the rights and responsibilities of the prosecutor within the framework of his “general oversight” authority and optimality of the existing regulation, which authorizes the prosecutor to act at the own discretion (making decisions based on subjective opinion and assessment) in terms of the grounds  and means set by law, with consideration of private and public interests.

The function and evasion of marriage fines on a fourteenth-century English manor

1999 ◽  
Vol 14 (2) ◽  
pp. 169-190 ◽  
Author(s):  
MIRIAM MÜLLER
Keyword(s):  
Good Deal ◽  
Theory And Practice ◽  
The Other ◽  
Black Death ◽  
Economic Changes ◽  
The Status ◽  
The Subject ◽  
Financial Disincentives ◽  
The One ◽  
The Individual

Since Vinogradoff described merchet payments as ‘the most odious’ of the numerous manorial exactions for which villein tenants were liable, the fine for marriage, classically defined as a levy due from the villein upon the marriage of his daughter, has received a good deal of attention from historians. Although the issue of marriage licences has accordingly been tackled from various perspectives, in recent years the subject at the heart of a number of contributions to the topic was the question of seigneurial control. In tackling this matter, one has to ask what kind of control a manorial lord could or would want to exercise over the matters of matrimony of his social inferiors.An important contribution to the debate was provided in 1979 by Eleanor Searle. A key element in her argument was that marriage licences essentially constituted a tax on the chattels taken as dowry by the bride into her marriage, and as such were not universally enforced. Further, in her view merchet did not so much constitute a test of the status of the individual as one of tenure. At the same time she argued that merchets could be used by the lord to vet prospective marriage partners and thus control the transfers of tenant property lest the latter should slip into freehold tenure. By imposing financial disincentives, merchets, it was argued, also encouraged endogenous marriages. Richard Smith, while arguing that the rates of licences to marry were unlikely to reflect a proportional tax on dowries, nevertheless showed that merchets were not universally exacted and tended to fall predominantly upon richer tenants. Thus he took issue with R. Faith, who in a rejoinder to Searle's contribution suggested that the marriage licence constituted a tax on the marriage itself and was as such universally exacted.In order to consider these problems and test some of the propositions that have been made, this study aims to examine the practice of seigneurial exaction and hence the function of marriage licences, on the one hand, and the relevance and nature of tenant evasion of merchet payments on the other, on one manor from 1330 to 1377. Changes in seigneurial policy towards merchet payments will be analysed and placed in the wider context of the demographic and socio-economic changes affecting manorial life in this period. Within this framework three intertwined aspects of the licence to marry will be examined. First, focusing on the question of which tenants were liable to pay merchets and what constituted the criteria for this liability, the theory and practice of merchet exaction will be considered. Secondly the reasons for the lord's interest in the marriages of his tenants in conjunction with the routes open to him to influence villein marriages to his advantage will be explored. Thirdly the extent and consequences of tenant evasion of merchet fines will be assessed, whilst the clash between lord and tenant over marriage fines will be viewed in the wider context of lord–tenant friction, especially in the post-Black Death period. Central to this discussion, the role and importance of women in this particular act of non-compliance will be examined.

scholarly journals Legal nature of the positive constitutional responsibility

2017 ◽  
Vol 1 (3) ◽  
pp. 62-70
Author(s):  
Natalia Bobrova ◽  
Vladimir Sidorov
Keyword(s):  
Direct Action ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Positive Side ◽  
Legal Nature ◽  
Scope Of Application ◽  
The Subject ◽  
Political Character ◽  
Good Purpose

The subject of the paper is theoretical justification of legal nature of positive constitutionalresponsibility legal institute. The evolution of views on the institution of positive constitutionalresponsibility from the first works on it (S.A. Avak`yan, Yu.P. Eremenko, F.M. Rudinsky, N.A. Bobrova) to the present time is analyzed.The purpose is to clarify its role in establishment and maintaining the regime of constitutionallegality.The results, scope of application. Doubts about the legal nature of positive constitutionalresponsibility up to its complete denial are identical with doubts about the legal nature ofmany constitutional norms, the denial of their direct action. These disputes will last forever.Direct service of constitutional and legal responsibility to the quality of governance is a featureof this type of legal responsibility along with its pronounced political character, as wellas the specific guilt of the subject of constitutional tort (liability not only for their acts butfor the acts of their subordinates).The emphasis on positive moral aspect to the detriment of "sanction" (retrospective) aspectof the constitutional responsibility does not meet the challenges of the new time.Proponents of affirmative responsibility had good purpose to build its high creative andeducational role from the positive side of the legal liability. However, this good purpose inpractice has not led to optimistic results.The authors come to the conclusion the legal regulation of mechanisms of responsibilityenforcement in Russia is necessary.

scholarly journals The legal nature of fiduciary duty in civil law of Ukraine

2021 ◽  
Author(s):  
H. O. Urazova
Keyword(s):  
Civil Law ◽  
Legal Protection ◽  
Fiduciary Duty ◽  
Roman Law ◽  
Joint Activities ◽  
Legal Nature ◽  
The Subject ◽  
Main Thing ◽  
The Right ◽  
Proper Behavior

The variety of fiduciary legal relations in the civil law of Ukraine requires the study of their individual elements, in particular, the fiduciary duty. Therefore the purpose of this article is to clarify the legal nature of the fiduciary duty, in order to avoid legal uncertainty, which leads to difficulties in law enforcement and, as a result, ineffective legal protection of violated rights of a person due to non-fulfillment or improper fulfillment of such an obligation in relation to her.Analyzed such concepts as "fides", "fiducia", duty in civil law. It has been established that the first, respectively, in Roman law had several meanings, but the main thing is the trust of the participants in civil relations to each other. The second have to understood as the proper behavior of the subject of civil relations, the content and model of which are determined by the requirements of the rule of law, the will or persons authorized by the transaction or other legal facts.It was found that the fiduciary duty is the proper behavior of the subject of a trust relationship, due to the conclusion of certain agreements (for example, commissions, property management, joint activities, the provision of lawyer services, etc.), or the occurrence of legal facts (election of a body or person of a legal entity, who (who) has the right to act on her behalf, the establishment of guardianship or trusteeship, the death of an individual, etc.).

scholarly journals Z teorii i praktyki samorządu terytorialnego

2018 ◽  
Vol 114 ◽  
pp. 311-326
Author(s):  
Karol Kiczka
Keyword(s):  
Organizational Structure ◽  
Legal Issues ◽  
Theory And Practice ◽  
Judicial Power ◽  
Modern State ◽  
Democratic State ◽  
The Status ◽  
The Subject

SOME REMARKS ON THE THEORY AND PRACTICE OF TERRITORIAL SELF-GOVERNMENTThe legal issues of territorial self-government are the subject of interest in jurisprudence. Territorial self-government forms an important and permanent part of the organizational structure of a democratic state ruled by law, which is aff ected by constitutional and international legal factors. Determining of the status of territorial self-government by means of parliament statutes and ordinances sometimes results in departing from the relevant constitutional and international requirements. That is why it is so important to guarantee the functioning of an impartial, independent and efficient judicial power in the field of the organization and functioning of territorial self-government in a modern state.

scholarly journals Contribution to a New Approach of Legal Liability under the Aspect of the General Theory of Law

2018 ◽  
Vol 34 (1) ◽  
Author(s):  
Nguyen Van Quan
Keyword(s):  
General Theory ◽  
Traditional Approach ◽  
German Law ◽  
Legal Liability ◽  
Roman Law ◽  
Legal Responsibility ◽  
Viet Nam ◽  
New Approach ◽  
Theory Of Law ◽  
Legal Fact

Abstract: In Vietnamese legal science today, legal liability is approached in a negative way that is linked to the violation of law. This approach causes difficulties in acquiring specialized legal knowledge. This paper analyzes the limitations of the traditional approach and proposes a new approach to legal liability. Keywords: Legal responsibility; violation of law; willingness; legal act; legal fact. References 1. Hoàng Thị Kim Quế, Giáo trình lý luận nhà nước và pháp luật, Nxb. Đại học Quốc gia Hà Nội, 2015, tr.397.2. Nguyễn Văn Động, Giáo trình lý luận chung về nhà nước và pháp luật, Nxb. Chính trị Quốc gia, 2014, Chương XI; Lê Văn Cảm, Vi phạm pháp luật và trách nhiệm pháp lý, trong Hoàng Thị Kim Quế (Chủ biên), Giáo trình Lý luận chung về nhà nước và pháp luật, Nxb. Đại học Quốc gia Hà Nội, 2005, tr. 537-575.3. Hoàng Thị Kim Quế, Giáo trình lý luận nhà nước và pháp luật, Sđd, tr.398; Lê Văn Cảm, Vi phạm pháp luật và trách nhiệm pháp lý, Sđd, tr.550.4. Hoàng Thị Kim Quế, Giáo trình lý luận nhà nước và pháp luật, Sđd, tr.395; Lê Văn Cảm, Vi phạm pháp luật và trách nhiệm pháp lý, Sđd, tr.550.5. Đào Duy Anh, Hán - Việt từ điển giản yếu, Nxb. Văn hóa thông tin, 2013, tr. 716.6. Đỗ Minh Hợp, Tự do và trách nhiệm trong đạo đức học hiện sinh, Tạp chí Triết học, số12/2007, tr. 27-33.7. Nguyễn Văn Phúc, Tự do và trách nhiệm trong hoạt động của con người, trong: Phạm Văn Đức và các cộng sự, (chủ biên), Công bằng xã hội trách nhiệm xã hội và đoàn kết xã hội, Nxb. Khoa học Xã hội, Hà Nội, 2008, tr. 330-331.8. Cao Minh Công, Trách nhiệm công vụ và đạo đức công chức ở nước ta hiện nay, Luận án Tiến sĩ, Viện Khoa học xã hội Việt Nam, Hà Nội, 2012, tr.43.9. Xem: Christoph Eberhard, “La responsabilité en France: Une approche juridique face à la complexité du monde”, in Edith Sizoo (dir), Responsabilité et cultures du monde. Dialogue autour d’un défi collectif, Éditions Charles Léopold Mayer, Paris, 2008, tr.160.10. Christoph Eberhard, “La responsabilité en France: Une approche juridique face à la complexité du monde”, Sđd, tr.161.11. L B. Curzon, Roman law, London: Macdonald & Evans, 1974, tr.131.12. Eugène GAUDEMET, H. DESBOIS et J. GAUDEMET, Théorie générale des obligations, Paris. Sirey, 1965, tr. 18; Henri, Léon et Jean MAZEAUD, Leçons de droit civil, t. 2, vol. 1. Obligations — Théorie générale, 8e éd., par François CHABAS, Paris, Montchrestien, 1992, tr. 44. Trong “Institutes” (3, 88) của Gaius viết: Nunc transeamus ad obligationes, quarum summa divisio in duas species deducitur: omnis enim obligatio vel ex contractu nascitur, vel ex delicto. Tạm dịch: Bây giờ chúng ta sẽ nói đến nghĩa vụ, trong đó sự phân biệt nền tảng gồm hai nhóm: nghĩa vụ sinh ra từ hợp đồng và nghĩa vụ từ vi phạm pháp luật.13. André Edmond Victor GIFFARD, Robert VILLIERS, Droit romain et ancien droit français — Les obligations, Dalloz, 1958, tr. 10.14. Ngô Huy Cương, Nguồn gốc của nghĩa vụ và phân loại nghĩa vụ, Tạp chí Nghiên cứu lập pháp, số 8/2008, tr.5-14.15. Robert Joseph POTHIER, Traité des obligations, Paris, Cosse et Marchai, 1821, n° 123, tr.59; François TERRE, Philippe SIMLER et Yves LEQUETTE, Droit civil — Les obligations, 5e éd., Paris, Dalloz. 1993, tr.20.16. Jean Hauser, Objectivisme et subjectivisme dans l’acte juridique, L.G.D.J, 1971, note 5, tr. 27.17. Nigel Foster, German Law & Legal System, Blackstone Press Limited, London, 1993, dẫn theo Ngô Huy Cương, Nguồn gốc của nghĩa vụ và phân loại nghĩa vụ, Sđd.18. Jacques FLOUR et Jean-Luc AUBERT, Les obligations — L'acte juridique, 6e éd., Paris, Armand Colin, 1994, tr.32.19. Xem: Benoî Moore, De l’acte et du fait juridique: un critère de distinction incertain, Revue juridique Thémis, n277/1997, tr.281—309.20. Jacques GHESTIN, Gilles GOUBEAUX et Muriel FABRE-MAGNAN, Traité de droit civil — Introduction générale, T éd., Paris, L.G.D.J., 1994, tr. 137 ; Nicole CATALA, La nature juridique du payment Paris, L.G.D.J., 1961, tr.26; Gérard CORNU, Vocabulaire juridique, 2 éd., Paris, PUF, 1990, Các từ “Acte”, “fait” et “volonté”.21. Mircea DURMA, La notification de la volonté: Rôle de la notification dans la formation des actes juridiques, Paris, Sirey, 1930, tr. 9.22. Jacques MARTIN DE LA MOUTTE, L'acte juridique unilatéral : essai sur sa notion et sa technique en droit, Paris, Sirey. 1951.23. Jacques MARTIN DE LA MOUTTE, Sđd., note 36, tr.26.24. Grégoire Forest, Essai sur la notion d'obligation en droit privé, Dalloz, 2012, tr.15 ; J. Hauser, Dictionnaire de la culture juridique, dir. D. Alland et S. Rials, Lamy-PUF, 2013, tr.9.25. Jacques MARTIN DE LA MOUTTE, Sđd., note 36, tr.27.  

On Legal Nature and Classificatory Identity Standards of Law Enforcement Ethics

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Рафаиль Валиев ◽  
Rafail Valiev
Keyword(s):  
Law Enforcement ◽  
Negative Impact ◽  
Legal Regulation ◽  
Problem Situation ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Law ◽  
Legal Forms ◽  
Enforcement Activity

Based on the problem situation conditioned by indeterminacy of institutional position of the standards of law enforcement ethics within the mechanism of contemporary law enforcement regulation, the author attempts to analyze the legal nature of the above standards. The study reveals that the legal nature of standards of law enforcement ethics is conditioned by the necessity to protect the identity of citizens and the law enforcement system itself from the negative impact produced by various forms of irregular conduct by subjects of law enforcement. As a result of comparing the standards of law enforcement ethics and the rules of law the author establishes that according to the technical-legal forms of their external expression and other attributes, as well as their regulatory potential, the standards of law enforcement ethics are comparable to the status of the rules of law. The study permits us to conclude that the standards of law enforcement ethics possess the classificatory identity typical of the protective rules of law represented by relations in the field of law enforcement activity. This identity is conditioned by the specificity of the subject of their regulation. The standards of law enforcement ethics are of subsidiary significance as they supplement and develop standards of status laws in matters of legal regulation of the moral aspect of the law enforcement activity.

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