CURRENT ISSUES OF CIVIL LEGAL REGULATION OF OBLIGATIONS: THE CONCEPT, BASIS OF ORIGIN AND TYPES

2020 ◽  
Author(s):  
Irina Tischenko ◽  
Artur Bilinskiy
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Common Phenomenon ◽  
Integral Element

In the article, the authors consider the most common phenomenon in civil circulation — the obligation. The study examines the basis for the occurrence of obligations and discloses their characteristics. The authors have studied and given an extensive classification of obligations in civil law. As part of the study, the authors conclude that obligations are an integral element of civil law, which has its own characteristics and features.

scholarly journals Civil law aspects of the regulation of cosmetology services

2018 ◽  
Vol 6 (1) ◽  
pp. 1-1
Author(s):  
Армине Мограбян ◽  
Armine Mograbyan
Keyword(s):  
Complex Analysis ◽  
System Analysis ◽  
Civil Law ◽  
Legal Regulation ◽  
Medical Law ◽  
External Appearance ◽  
Surgical Services ◽  
Legal Method ◽  
General Object

In the current legislation there is no concept of cosmetology services, in science there is also no consensus on their content. In connection with this, the author sets the goal to investigate this concept as a private-law category, to determine its content and specifics. The main methods of the study were a comparative legal method and a method of system analysis. Results of the study. A complex analysis of private legal acts containing norms regulating cosmetology services as well as relations arising in the course of their provision is carried out. Various scientific positions in the field under study are examined, and as a result, the content of cosmetological services is determined, and their classification is carried out. Based on the analysis of the current legislation in the field of health, the specificity and correlation of such categories as "cosmetology services" and "cosmetic services" are defined. The main feature of cosmetic services is revealed, which is connected not with violation of the integrity of the human skin, but only with hygienic care of the external appearance. As a result of the study, it was concluded that the object of regulation of both cosmetological and cosmetic services is the appearance of a person. But, despite the general object of regulation, these are different concepts, because cosmetology services, unlike cosmetic services, are a kind of medical. In addition, the author carried out a classification of cosmetology services, which include therapeutic (curative) and surgical (operational) services. Surgical services, in turn, are divided into the following varieties: mandatory, at the request of the patient, rehabilitation and reconstructive. Scope of the results obtained. The results of the research can be applied for the purposes of private legal regulation of relations that arise in the process of providing cosmetology services, when lecturing, developing educational and methodological aids in civil and medical law, teaching legal disciplines related to the activities of medical organizations, as well as in lawmaking when making changes in the current legislation.

Die fehlerhafte Personengesellschaft im deutschen und französischen Recht

2022 ◽  
Author(s):  
André Howe
Keyword(s):  
Comparative Study ◽  
Civil Law ◽  
German Law ◽  
Legal Regulation ◽  
French Law ◽  
French Model

The legal figure of the defective partnership looks back on a long tradition in both German and French law, with German law following the French model in its early days. A comparative study of the doctrine of the defective partnership in both countries is therefore worthwhile, also with regard to the current legal regulation in France. Despite the different dogmatic approaches, important opportunities for comparison are revealed. Particularly in the constructive classification of the phenomenon of facticity in civil law, the perspective of French law can prove to be extremely fruitful for German dogmatics.

scholarly journals Results of genomic research as the objects of civil law

2020 ◽  
pp. 54-61
Author(s):  
Olesia Valer'evna Belaia
Keyword(s):  
Intellectual Property ◽  
Civil Law ◽  
Legal Regulation ◽  
Genomic Research ◽  
Property Law ◽  
Intellectual Property Law ◽  
Universal Definition ◽  
Original Classification

The object of this research is the determination of means of establishing the results of genomic research as the objects of intellectual property. The author analyzes the Russian normative legal acts regulating the questions of conducting genomic research and securing the rights to their results. The problem of absence of the universal definition and conceptual framework for genomic research in the national legislation is indicated. Analysis is carried out on the defended in legal community scientific positions pertaining to the need for separate consolidation and legal regulation of each type of product or organism that contains genes, or derivative from biomaterial, as well as the genes and genome themselves. The main conclusions consists in formulation and substantiation of the concept of “genomic research” and the results of genomic research. The original classification of the results of genomic research into static and dynamic is proposed. The author believes that the intellectual property law is most suitable for legal regulation and consolidation of the rights to results of genomic research. Inexpedience of determining each type of product or organism that creates or contains biomaterial as an object of intellectual property is substantiated. The author holds that the amendments to legislation should be introduced in exceptional circumstances when a new object possesses unique characteristics, and the existing tools of intellectual property law do not allow reflecting its specificity and protect the interests of its bearer.

Historical Foundations of Development of the Institution of Employment Contract

2019 ◽  
pp. 68-75
Author(s):  
Yuliya Chernenilova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Economic Management ◽  
Persons With Disabilities ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Russian Federation

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.

COMMON OWNERSHIP OF SPOUSES (Analysis of the Georgian Civil Law)

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 163-177
Keyword(s):  
Family Relationships ◽  
Civil Law ◽  
Family Relationship ◽  
Legal Regulation ◽  
Legal Literature ◽  
Common Ownership ◽  
Personal Rights ◽  
The Family ◽  
Inner World ◽  
Legal Fact

The research shows that one of the legal relations in civil matters is the family relationship, having an extensive content. It includes Family Law and the actual family relationships. While there are factual elements in the family relationships, only marriage registration gives rise to the property and personal rights between spouses since marriage is a legal fact of law. However, it has been stated correctly in the legal literature that the actual co-existence of partners is such a family relationship, in which couples enter into marriage without registration. The inner world of unmarried couples is significantly free from legal regulation. Family relationships, by their characteristics, are inconceivable without the personal and intimate aspects contained in certain factual foundations and found in family relationships.

Medico-Social Examination: the Modern Aspects of Legal Regulation

10.12737/5942 ◽  
2014 ◽  
Vol 8 (1) ◽  
pp. 1-6
Author(s):  
Разиньков ◽  
D. Razinkov ◽  
Михайлов ◽  
I. Mikhaylov ◽  
Михайлова ◽  
...  
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Government Support ◽  
Sociological Research ◽  
Constitutional Rights ◽  
Disabled People ◽  
Government Programs ◽  
Social Sphere ◽  
Traditional Classification

In article the legislative base, which is the foundation of functioning of the state system of medical-social examination, is considered and analyzed. The questions of legal regulation of the state activity in the sphere of social policy concerning disabled people are discussed. The methods of sociological research and logical analysis of literature and official normatively-legal papers, being the basis of activity of the system of medico-social examination and sphere of giving to the invalids the equal with other citizens possibilities in realization of constitutional rights and freedoms, public welfare and establishment, are applied to the invalids as the measures of government support. In conclusions the emphasis is placed on need of carrying out radical restructurings for system of medico-social examination. It is offered to modify the existing classification of indexes of health and indexes, related to the health taking into account the socio-economic, climatic and other features; to strength the control of execution of government programs in the medico-social sphere; to modify the traditional classification of groups of disability; to change a way of features accounting of disabled people with various functional violations proceeding from a complex assessment of dysfunction of the neuro-physiological and psycho-physiological statuses; to use the innovative technologies of diagnostics, treatment, rehabilitation in correction of the functional violations with taking in mind not only the nosologic group of disease, but by an individual approach.

Classifying precontractual liability: a comparative analysis

Legal Studies ◽  
2001 ◽  
Vol 21 (2) ◽  
pp. 153-191 ◽  
Author(s):  
Joachim Dietrich
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Tort Law ◽  
Contract Law ◽  
Common Elements ◽  
Ongoing Debate ◽  
Unjust Enrichment ◽  
The Common ◽  
Initial Focus

The common law has solved questions of liability arising in the context of precontractual negotiations by resort to a range of different doctrines and approaches, adopting in effect ‘piecemeal’ solutions to questions of precontractual liability. Consequently, debate has arisen as to how best to classify or categorise claims for precontractual work and as to which doctrines are best suited to solving problems arising from anticipated contracts. The purpose of this article is to consider this question of how best to classify (cases of) precontractual liability. The initial focus will be on the ongoing debate as to whether principles of contract law or principles of unjust enrichment can better solve problems of precontractual liability. I will be suggesting that unjust enrichment theory offers little by way of explanation of cases of precontractual liability and, indeed, draws on principles of contract law in determining questions of liability for precontractual services rendered, though it does so by formulating those principles under different guises. Irrespective, however, of the doctrines utilised by the common law to impose liability, it is possible to identify a number of common elements unifying all cases of precontractual liability. In identifying such common elements of liability, it is necessary to draw on principles of both contract and tort law. How, then, should cases of precontractual liability best be classified? A consideration of the issue of classification of precontractual liability from a perspective of German civil law will demonstrate that a better understanding of cases of precontractual liability will be gained by classifying such cases as lying between the existing categories of contract and tort.

Features of the legal status of subjects of Civil Law

2021 ◽  
Vol 28 (2) ◽  
pp. 181-188
Author(s):  
Iryna I. Banasevych ◽  
Ruslana M. Heints ◽  
Mariia V. Lohvinova ◽  
Oksana S. Oliinyk
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Historical Analysis ◽  
Legal Regulation ◽  
The State ◽  
Roman Law ◽  
Historical Method ◽  
Legal Method ◽  
Definition Of ◽  
Legal Entities

Theoretical and applied research of the features of the legal status of the subjects of civil law remains debatable today. Doctrinal and legislative analysis of this subject points to unresolved issues in this area. In particular, the provision on defining the state as a party to civil law remains controversial. There is no consensus on the definition of individuals and legal entities as subjects of civil law among scholars. Furthermore, the legal regulation of certain types of entities is somewhat unsystematic and chaotic. This is largely due to the insufficient development of theoretical issues related to the subjects of civil law. The above issues determine the relevance of the study of the features of the legal status of subjects of civil law. The purpose of the study is to investigate the features of the legal status of subjects of civil law based on doctrinal and legislative analysis. The study is based on a systematic approach, which lies in studying a complex system of relationships between subjects of civil law. Furthermore, the study is based on the laws and principles of dialectics, which contribute to the study of the legal status of the subjects of civil law. Systemic and structural-functional analysis was used to comprehensively describe the legal status of subjects of civil law. The historical method contributed to the study of the evolution of research on the subjects of civil law. The formal legal method helped identify the special features of the provisions of regulations concerning the subjects of civil law. With the help of the comparative legal method, the study analysed the provisions of the Civil Code of Ukraine in terms of regulation of subjects of civil law and such regulation was compared with other countries. The study defined the concepts and types of subjects of civil law and considered the features of the legal status of individuals, legal entities, as well as the state as a special participant of civil law. Special attention was paid to the historical analysis of the development of approaches to the definition of subjects of law, starting with Roman law

Problems of Legal Regulation Tourism Safety Problems and Ways to Solve Them

2021 ◽  
Vol 12 (2) ◽  
pp. 515
Author(s):  
Valerii TATSIIENKO ◽  
Ivan MIROSHNYKOV ◽  
Volodymyr KROITOR ◽  
Alevtina BIRIYKOVA ◽  
Elvira ORZHYNSKA ◽  
...  
Keyword(s):  
Legal Regulation ◽  
General Description ◽  
History Of

The article provides a general description of the safety of tourism, namely: the history of the issue of ensuring safety in tourism is analyzed, the concept, types and tasks of tourism safety are revealed, and the classification of risks (threats) and sources of danger in the field of tourism is considered; defined the concept, structure and content of the administrative and legal institute of tourism safety, and also disclosed the legal regulation in the field of tourism safety; disclosed the concept and content of administrative and legal tourism safety regime, classify it into types (sub-regimes); describes the administrative and legal measures to ensure the safety of tourism; highlighted the main security problems in the field of tourism and formulate ways to solve them. The purpose of the thesis is a comprehensive and comprehensive research theoretical and practical problems of administrative and legal ensuring the safety of tourism.

The Concept and Characteristics of a Legal Action in Civil Law

2021 ◽  
Author(s):  
E.V. Titov ◽  
Keyword(s):  
Critical Analysis ◽  
Civil Law ◽  
Critical Assessment ◽  
Legal Action ◽  
Huge Number ◽  
Early 19Th Century ◽  
Legal Literature ◽  
Relevant Field ◽  
Legal Fact

The purpose of the article is a critical assessment of the established in the legal literature and practice the concept and characteristics of a legal action and criteria for distinguishing legal actions and events. The main problem identified by the author is that, despite the huge number of sources on this subject, jurisprudence has not progressed in the study of this phenomenon since the early 19th century. The definition and characteristics of a legal action «migrate» from one work to another, as a rule, without any critical analysis at all and are taken by lawyers as a given, which leads to stagnation in the development of the relevant field. At the same time, studies of specific varieties of legal actions often reach a deadlock precisely because of the incorrectly defined general characteristics of a legal action. The author defines the classification criterion of differentiation of legal facts, and argues the necessity of two-member division of legal facts into events and actions. It is proved that facts-states cannot be distinguished within the classification of legal facts on the volitional ground and they are not legal facts at all. The concept of legal action and its characteristics are given. The concept of will as a key element of legal action is discussed in the article and it is substantiated that «involuntary» actions are not legal facts. The author analyzes the classification of events into absolute and relative, and offers an algorithm for determining whether a certain legal fact refers to events or actions.

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