scholarly journals TANGGUNG GUGAT KREDITUR DAN PEJABAT LELANG ATAS PENENTUAN HARGA LIMIT LELANG DIBAWAH NILAI TANGGUNGAN

2019 ◽  
Vol 5 (2) ◽  
pp. 175-194
Author(s):  
Muhammad Yusuf
Keyword(s):  
Civil Code ◽  
Limit Pricing ◽  
Main Research ◽  
Research Material ◽  
Limit Price ◽  
Auction Price ◽  
Legal Effect ◽  
Legal Consequence ◽  
The Right

Main research material for Liability of Creditors and Upper Auction Officers Determination of Auction Limit Prices Under Depreciation Value, with the formulation of the problem What is the legal effect of auctioning objects whose auction limit is below the dependency and whether creditors and auction officials are accountable for auction limit pricing below the value of dependents. The conclusions are as follows: The act of creditor in determining the price of the auction limit below the value of the liability has fulfilled the whole element of article 1365 of the Civil Code so The legal consequence of auction object sales is that the auction price is below the value of the hold and if the object of the right of sale is sold under the value of the mortgage, the auction can be requested by the court. The creditor is liable for the price of the auction limit below the value of the creditor because the creditor as the seller does have the right to set the auction limit price but still must pay attention to the appropriateness of the specified auction limit price and the Auction Officer is not liable for the auction limit price below the hold value because the Auction Guidelines state that the auction limit price is not the responsibility of the KPKNL or the Class II Auction Officer

scholarly journals Los hechos jurídicos

2020 ◽  
Vol 1 (2) ◽  
pp. 809-836
Author(s):  
Rubén Compagnucci de Caso
Keyword(s):  
Logical Connection ◽  
Commercial Code ◽  
The Social ◽  
Legal Effect ◽  
Legal Consequence ◽  
Civil Codes ◽  
The One ◽  
General Aspects ◽  
The Right

This study is about “legal acts”, which is a division of “the general aspects of private law. Most of the Civil Codes in the 20th and 21st centuries which include these general aspects, dedicate several of their articles to rule on said matter and determine in this way their nature, require-ments and effects .An example of all this are the Civil Codes in Germany (BGB), Brazil, Mexico, Switzerland among other countries. The new Civil and Commercial Code in force in Argentina since Au-gust 1st, 2015 deals with this matter in Book I, Title V, Chapter I (articles 257 to 264).Acts are external events within the social reality which have the power to alter or modify the surrounding environment. In this context, their analysis and study only apply to those actions or facts of a juridical nature and are therefore of interest to the law. All this makes it necessary to take a stand in order to explain when and why an event either natural o human is to be considered a “legal act”. To give an answer to this question, there are two opposed theories on the subject and some other irrelevant opinions. In this present, it has been intended to define and clarify the main points of both theories. One idea sustains that a legal act is the one which has in itself the character and the ability to achieve a goal, that is, the legal effect. This leads to defining it as the causal event of logical connection making it possible to get said legal effect then becoming a quality of the object itself. This theory is called “traditional” or “causative”. The second theory, supported by most of the Italian lawmakers and well spread in the modern doctrine considers that the legal acts themselves do not have a particular virtue but that their legal or juridical character is given by the fact that they are presupposed to have fulfilled all sta-tutory requirements. All this has been called fattispecie or “regulating factual presuppositions” by the Italian lawmakers.When a rule or law understands that to have a legal consequence it is necessary to do one or more acts, said acts become legal acts. For example , the birth or the death of a person is a “natural” act, but in most legislations the person who is born has the right to acquire, and the deceased to transfer their estate to their heirs. Other aspects have also been considered, in particular the classification of the legal acts, and the most important is the one which distinguishes natural acts from human acts which are tho-se where a human being takes part and with the expression of their will can do what are simply called “legal acts” or “legal transactions”.

scholarly journals Termination of Contractual Obligations in the Civil Code of Ukraine

2019 ◽  
Vol 8 ◽  
pp. 123-142
Author(s):  
Anatoliy Kostruba
Keyword(s):  
Self Regulation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Civil Code ◽  
Legal Effect ◽  
Legal Model ◽  
Contractual Obligations ◽  
Legal Fact ◽  
The Right ◽  
Legal Subjects

A contract is a means for self-organization and self-regulation of civil and legal relations between parties in the Civil Code of Ukraine. A distinguishing feature of a contractual obligation is the dependence of the beginning of a legal fact in its structure on the lawful will of a party (act) to a legal transaction or objective circumstance of reality (events). The objective of the paper is to study the mechanism of termination of obligations by determining the legal framework for its functioning. The specificity of legal facts of normative-compensating nature was determined by the use of normative and protective functions in the legislation. Civil property and its legal regulation of relations are aimed at achieving the legal result determined by their participants at the stage of the exercise of rights. The study reveals that the compensating effect of the legal termination mechanism is expressed at the stage of legal termination, which involves compensating the inability to correct a defect of a legal fact that hinders the achievement of a goal of legal regulation when exercising the right to the start of an anticipated legal effect according to a legal model of legal subjects accepted by the participants of the civil relations. The author dwells upon one of the forms of termination of contractual obligations, more specifically, on the beginning of cancellation and on the deferred status of a legal transaction.

scholarly journals On some directions of the development of copyright in the projects of the civil code of the USSR

2021 ◽  
Vol 26 (4) ◽  
pp. 238-242
Author(s):  
Andrey A. Bogustov
Keyword(s):  
Research Method ◽  
Civil Code ◽  
Significant Feature ◽  
Public Interests ◽  
Main Research ◽  
Legal Science ◽  
Personal Rights ◽  
The Subject ◽  
Historical Methodology ◽  
The Right

The article analyses the directions of the development of copyright in the projects of the Civil Code of the USSR. The subject of the research is institutions of copyright in the projects of the Civil Code of the USSR of 1939 – 1951. Historical methodology for legal science is the main research method applied in these investigations. The research conducted in the article leads to the following conclusions. Firstly, the projects of the Civil Code of the USSR created the existing tradition of copyright relations at the level of codified acts. Secondly, a significant feature of regulating copyright relations in the projects of the Civil Code of the USSR was the use of predominantly mandatory norms. Thirdly, the main goal of regulating copyright relations in the projects of the Civil Code was to ensure a balance of personal and public interests. Fourthly, an important innovation of the projects of the Civil Code, which remain topical to the present day, was the establishment of a relationship between copyright and personal rights – the right to confidentiality of correspondence and the right to own image.

Terms of seller’s liability for the sale of a false cultural object

2019 ◽  
Vol specjalny (XIX) ◽  
pp. 321-336
Author(s):  
Iwona Gredka-Ligarska
Keyword(s):  
Civil Law ◽  
Optimal Solution ◽  
Civil Code ◽  
Decisive Factor ◽  
Cultural Objects ◽  
Cultural Object ◽  
Introductory Part ◽  
The Right

This study includes analysis of the terms of a seller’s liability for the sale of a false cultural object or monument. In the introductory part, attention was paid to the phenomenon of forging cultural objects with a view to marketing counterfeits, which, in reference to monuments, constitutes the offense of forgery threatened by fine, restriction of liberty or imprisonment up to 2 years (Art. 109a of the Act of 23.07.2003 on the protection and care of monuments, Dz. U. No. 162, item 1568, as amended). Further in the study, attention was drawn to the fact that for the determination of terms of civil law liability of a seller – including sellers of forged cultural objects – key importance attaches to the differentiation between defective performance, which triggers liability under statutory warranty, and provision of another object, which does not amount to performance of an obligation at all. Emphasis was put on the importance of the opinion that the decisive factor for the determination of the seller’s liability regime in case of provision of an object other than agreed is the act of acceptance of performance. The considerations were made from the perspective of interests of a forged cultural object’s buyer. As a result, it was indicated that for the buyer the optimal solution is to exercise, in the first place, the right to withdraw from the sale contract under the provisions on statutory warranty and, only where this is impossible, to invoke the construction of error, as defined in Art. 84 of the Civil Code.

THE FACTORS OF CAREER SELF-DETERMINATION OF STUDENTS OF HIGHER EDUCATION INSTITUTIONS

2019 ◽  
Vol 7 (1) ◽  
pp. 9-20
Author(s):  
Inna Yeung
Keyword(s):  
Higher Education ◽  
Higher Education Institutions ◽  
Well Being ◽  
Young Person ◽  
Self Determination ◽  
Full Time ◽  
Actual Problem ◽  
The Third ◽  
The Right

Choice of profession is a social phenomenon that every person has to face in life. Numerous studies convince us that not only the well-being of a person depends on the chosen work, but also his attitude to himself and life in general, therefore, the right and timely professional choice is very important. Research about factors of career self-determination of students of higher education institutions in Ukraine shows that self-determination is an important factor in the socialization of young person, and the factors that determine students' career choices become an actual problem of nowadays. The present study involved full-time and part-time students of Institute of Philology and Mass Communications of Open International University of Human Development "Ukraine" in order to examine the factors of career self-determination of students of higher education institutions (N=189). Diagnostic factors of career self-determination of students studying in the third and fourth year were carried out using the author's questionnaire. Processing of obtained data was carried out using the Excel 2010 program; factorial and comparative analysis were applied. Results of the study showed that initial stage of career self-determination falls down on the third and fourth studying year at the university, when an image of future career and career orientations begin to form. At the same time, the content of career self-determination in this period is contradictory and uncertain, therefore, the implementation of pedagogical support of this process among students is effective.

KEBIJAKAN MODERASI PIDANA MATI

2017 ◽  
Vol 10 (2) ◽  
pp. 193
Author(s):  
Mei Susanto ◽  
Ajie Ramdan
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Capital Punishment ◽  
Criminal Code ◽  
Right To Life ◽  
Life Imprisonment ◽  
Research Results ◽  
Moderation Model ◽  
The Right

ABSTRAKPutusan Nomor 2-3/PUU-V/2007 selain menjadi dasar konstitusionalitas pidana mati, juga memberikan jalan tengah (moderasi) terhadap perdebatan antara kelompok yang ingin mempertahankan (retensionis) dan yang ingin menghapus (abolisionis) pidana mati. Permasalahan dalam penelitian ini adalah bagaimana kebijakan moderasi pidana mati dalam putusan a quo dikaitkan dengan teori pemidanaan dan hak asasi manusia dan bagaimana kebijakan moderasi pidana mati dalam RKUHP tahun 2015 dikaitkan dengan putusan a quo. Penelitian ini merupakan penelitian doktrinal, dengan menggunakan bahan hukum primer dan sekunder, berupa peraturan perundang-undangan, literatur, dan hasil-hasil penelitian yang relevan dengan objek penelitian. Penelitian menyimpulkan, pertama, putusan a quo yang memuat kebijakan moderasi pidana mati telah sesuai dengan teori pemidanaan khususnya teori integratif dan teori hak asasi manusia di Indonesia di mana hak hidup tetap dibatasi oleh kewajiban asasi yang diatur dengan undang-undang. Kedua, model kebijakan moderasi pidana mati dalam RKUHP tahun 2015 beberapa di antaranya telah mengakomodasi amanat putusan a quo, seperti penentuan pidana mati di luar pidana pokok, penundaan pidana mati, kemungkinan pengubahan pidana mati menjadi pidana seumur hidup atau penjara paling lama 20 tahun. Selain itu masih menimbulkan persoalan berkaitan dengan lembaga yang memberikan pengubahan pidana mati, persoalan grasi, lamanya penundaan pelaksanaan pidana mati, dan jenis pidana apa saja yang dapat diancamkan pidana mati.Kata kunci: kebijakan, KUHP, moderasi, pidana mati. ABSTRACTConstitutional Court’s Decision Number 2-3/PUU-V/2007, in addition to being the basis of the constitutionality of capital punishment, also provides a moderate way of arguing between retentionist groups and those wishing to abolish the death penalty (abolitionist). The problem in this research is how the moderation policy of capital punishment in aquo decision is associated with the theory of punishment and human rights and how the moderation policy of capital punishment in the draft Criminal Code of 2015 (RKUHP) is related with the a quo decision. This study is doctrinal, using primary and secondary legal materials, in the form of legislation, literature and research results that are relevant to the object of analysis. This study concludes, firstly, the aquo decision containing the moderation policy of capital punishment has been in accordance with the theory of punishment, specificallyy the integrative theory and the theory of human rights in Indonesia, in which the right to life remains limited by the fundamental obligations set forth in the law. Secondly, some of the modes of moderation model of capital punishment in RKUHP of 2015 have accommodated the mandate of aquo decision, such as the determination of capital punishment outside the main punishment, postponement of capital punishment, the possibility of converting capital punishment to life imprisonment or imprisonment of 20 years. In addition, it still raises issues regarding the institutions that provide for conversion of capital punishment, pardon matters, length of delay in the execution of capital punishment, and any types of crime punishable by capital punishment. Keywords: policy, criminal code, moderation, capital punishment.

PERJANJIAN JUAL BELI MELALUI INTERNET (E-COMMERCE) DITINJAU DARI ASPEK HUKUM PERDATA

2019 ◽  
Vol 21 (2) ◽  
Author(s):  
Zuni Rusviana ◽  
Adi Suliantoro
Keyword(s):  
Secondary Data ◽  
The Internet ◽  
Police Station ◽  
Digital Community ◽  
Qualitative Descriptive ◽  
Analytical Research ◽  
Legal Consequence ◽  
The Right ◽  
Internet Development ◽  
Legal Consequences

Internet development causes the formation of a new world, every individual has the right and ability to interact with everyone who can prevent him. Perfect globalization connects the entire digital community, one of which is a business sector called E-COMMERCE.E-COMMERCE has a difference from conventional sale and purchase agreements and brings different legal consequences and there are also some problems that are not yet commonly describedthis is a problem that is not immediately anticipated to cause problems in the future. Based on the description, the research is carried out with the title: “SALE AND PURCHASE AGREEMENT VIA INTERNET E-COMMERCE IN TERMS OF CIVIL LAW ASPECTS”.                The formulation of the problem in this study is: (1) What is the validity of the SELLING BUY agreement through the internet if it is involved with Article 1320 of the Civil Code? (2) What is the legal consequence if there is a default in the purchase agreement through the internet (E-COMMERCE)? (3) Solution if there is a default in buying transactions through the internet (E-COMMERCE)? The method used is a normative juridical approach. To approach the problem in this study the author uses descriptive analytical research specifications. Data collection uses secondary data. The method of presenting data in this study was carried out in a descriptive manner. The analysis used in this sketch is qualitative descriptive.             The results of the study indicate: (1) The validity of the agreement through the internet must have the same validity as the agreement that can be proven and in accordance with the provisions in Article 1320 BW. (2) The legal consequences of wanprestasi are compensation. the wanprestasi can be in the form of agreement fulfillment, contract fulfillment and compensation, ordinary compensation, cancellation of the agreement.(3) Solution if there is a wanprestasi in the sale and purchase agreement through: Litigation, Non Litigation, online site (kredibel.co.id, lapor.go.id, cek rekening.id), report directly to the police station and report to the bank.

Adolescent athletes and nutrition – analysis of two groups of children

2020 ◽  
pp. 1-6
Author(s):  
Tatyana Dzimbova
Keyword(s):  
Energy Expenditure ◽  
Energy Intake ◽  
Eating Habits ◽  
Energy Deficit ◽  
Young Athletes ◽  
Adolescent Athletes ◽  
Basketball Players ◽  
Calcium Magnesium ◽  
The Right

Introduction. Proper nutrition is crucial for child and adolescent athletes to maintain growth and development and to achieveoptimal results in sports. It is very important to balance the energy expenditure with the energy intake in order to prevent the energy deficit or excess.Materials and methods. Subjects involved in two different sports participated in the study: 13 gymnasts (age 13.8 ± 4.1 years, height 153.4 ± 11.3 cm, weight 47.1 ± 10.5 kg) and 15 basketball players (age 15.5 ± 1.1 years, height 176.7 ± 7.9 cm, weight 65.2 ± 10.7 kg). Determination of total energy expenditure was made by prediction equations. The subjects maintained a food records for 5 consecutive days, which were processed in the ASA24 system of the NCI. Results and discussion. Energy intake in both groups is sufficient to meet the daily needs, development of young athletes andprovide the energy needed in training. The intake of three minerals (calcium, magnesium and potassium) and three vitamins (D, E and A) was lower than recommended values in both groups.Conclusion. As a result of the busy schedule of adolescent athletes, their main meals are out of home, and the proportion of highly processed foods containing small amounts of important vitamins and minerals is high. The main recommendations include dairy products, fruits, vegetables and whole grains. The idea behind the changes is to give young athletes the right diet and the right eating habits.

The Calculation of Turbulent Diffusion Coefficients in Aquatic Ecosystems

2019 ◽  
Vol 70 (11) ◽  
pp. 3903-3907
Author(s):  
Galina Marusic ◽  
Valeriu Panaitescu
Keyword(s):  
Transport Equation ◽  
Turbulent Diffusion ◽  
Diffusion Coefficients ◽  
Aquatic Ecosystems ◽  
Specific Area ◽  
Left Bank ◽  
The Right ◽  
Prut River

The paper deals with the issues related to the pollution of aquatic ecosystems. The influence of turbulence on the transport and dispersion of pollutants in the mentioned systems, as well as the calculation of the turbulent diffusion coefficients are studied. A case study on the determination of turbulent diffusion coefficients for some sectors of the Prut River is presented. A new method is proposed for the determination of the turbulent diffusion coefficients in the pollutant transport equation for specific sectors of a river, according to the associated number of P�clet, calculated for each specific area: the left bank, the right bank and the middle of the river.

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