scholarly journals Legal regulation of the obligations in old romanian law, greek and roman

2012 ◽  
Author(s):  
Ion Tutuianu
Keyword(s):  
Legal History ◽  
Legal Regulation ◽  
Economic Importance ◽  
Third Party ◽  
Legal Systems

Legal history shows that those who are defined obligation Romans definition valid today as a relationship as we submit to a benefit from a third party. Their importance lies in the fact that although rooted in ancient as it spread in all legal systems, across time and still keeping the same legal and economic importance.

Legal Regulation of Forestry Carbon Sequestration Transaction in China

2010 ◽  
Vol 113-116 ◽  
pp. 980-984
Author(s):  
Li Mei Zou ◽  
Wen Bin Chen
Keyword(s):  
Carbon Sequestration ◽  
Legal Regulation ◽  
Third Party ◽  
Legal Systems ◽  
Benefit Distribution ◽  
Trade Dispute ◽  
The Third ◽  
Law And Policy ◽  
The Law ◽  
The Third Party

The forestry carbon sequestration transaction (FCST) needs the guide of the law and policy. The subjects of FCST include buyers and sellers; the object is forestry carbon sequestration and the third party mainly includes brokers and measurement certification authorities. The effective elements of FCST legal behaviors need four main aspects. The establishment and regulation of legal systems includes transactional prices, three kinds of performing modes transaction, the benefit distribution of subjects, the mode of bearing legal reasonability and the trade dispute means.

scholarly journals PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR

2018 ◽  
Vol 25 (1) ◽  
pp. 98
Author(s):  
Farihan Aulia ◽  
Sholahuddin Al-Fatih
Keyword(s):  
Legal System ◽  
Legal History ◽  
Islamic Law ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
History Of ◽  
Legal Thinking ◽  
Anglo American ◽  
The Comparative Study

The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.

scholarly journals Peculiarities of Civil Law Status of Customs Intermediary under the Legislation of Ukraine and the EU

2020 ◽  
pp. 226-233
Author(s):  
Dmytro SHUTIAK
Keyword(s):  
Public Relations ◽  
Economic Activity ◽  
National Level ◽  
Civil Law ◽  
Legal Regulation ◽  
Third Party ◽  
Related Services ◽  
Legal Relationship ◽  
Provision Of Services ◽  
The Eu

The article explores the features of civil law regulation of customs mediation under the legislation of Ukraine and the EU. The author identifies the characteristics that distinguish customs mediation from similar institutions in other areas of management. The author substantiates the position that the legal relationship established between customs authorities and participants of foreign economic activity with the participation of a third party is a type of economic binding legal relationship, i.e. the legal relationship for the provision of intermediary services. Within the framework of customs legal relations, contracts of a civil law nature are considered as a specific way of the state's influence on this sphere of public relations. With the participation of customs intermediaries, certain economic and legal relations are established between customs authorities and participants in foreign economic activity. The content of customs intermediary activities should be determined through the provision of services mediated by civil law agreements, representing the interests of foreign economic activity in relations with customs authorities, the provision of customs and related services, the implementation of legally significant actions aimed at customs procedures. The analysis of EU legislation in the study area led the author to conclude that at the EU level not only general qualification requirements for customs intermediaries are set, but also principles, values and rules of conduct that encourage customs intermediaries to achieve high standards of professional ethics and proper implementation their responsibilities. Given the specifics of customs mediation in the EU, the author concludes that at EU level it is impossible to unify the standards of customs services, so to date access to the profession of customs agent in each entity, the Member State is subject to national jurisdiction with its requirements for candidates to the level of their skills and knowledge. The author emphasizes that at the national level it is advisable to integrate certain elements of the legal regulation of customs brokerage to ensure competitiveness, provide quality services and overcome gaps in legislation.

Promise of the Obligation or the Act of a Third Party

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Petar Topurov ◽  
Keyword(s):  
Legal Theory ◽  
Third Party ◽  
Legal Systems ◽  
Legal Relationship

The promise of the obligation or the act of a third party is a lega figure, regulated both in Bulgarian and foreign legal systems. At present, the study of this legal figure from the Bulgarian legal theory has limited itself to an axplanation of the problems of the institute only in the general published courses of law of obligations. The paper analyzes the history, the regulation and the use of the promise of the obligation or the act of a third party as a legal figure that guarantees future legal relationship.

The Regulation of Interest Groups and Public Benefit Organizations

2018 ◽  
pp. 123-164
Author(s):  
Nicole Bolleyer
Keyword(s):  
Interest Groups ◽  
Legal Regulation ◽  
Third Party ◽  
Political Activities ◽  
Public Benefit ◽  
Empirical Assessment ◽  
Legal Restrictions ◽  
Cross Country ◽  
Tax Benefits ◽  
Lobby Regulation

This chapter presents a detailed empirical assessment of cross-country variation in the regulation of interest groups and public benefit organizations in the operation stage—covering the regulation of these organizations’ constitutive functions as well as of resource access—across nineteen long-lived democracies. Regarding regulation of organizations’ constitutive functions, it covers areas such as lobby regulation, third-party regulation, and other legal restrictions on groups’ political activities. In terms of resource regulation, it covers aspects such as tax benefits for donors and organizations themselves as well as the regulation of fundraising. The chapter concludes with an assessment of the monitoring and supervision structures in charge of implementing group regulation. The analysis shows how interest groups and public benefit organizations have to operate within a complex web of legal regulation, which fundamentally affects their ability to engage in political activities and access state resources.

Theoretical Grounds of the Challenging of the Transactions under the Bankruptcy Legislation

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Аюна Аюрова ◽  
Ayuna Ayurova
Keyword(s):  
Property Rights ◽  
Legal Theory ◽  
Legal Regulation ◽  
Third Party ◽  
Executive Power ◽  
Unified Approach ◽  
The Law

A lot of national and foreign researchers attempted to examine the theoretical grounds of the challenging of the transactions under the bankruptcy legislation. Thus, tort and quasi-delictual theory, the theory of executive power of the judgment, the theory of the judicial lien and legal theory have been developed. However, until now there hasn’t been developed a unified approach to understanding of the question of what is the basis of the creditor’s right to demand recognition of the debtor’s invalid transaction committed by itself with a third party, in respect of which insolvency (bankruptcy) case has been initiated. This paper analyzes the main concepts developed in support of the rights of the creditor and assesses their strengths and weaknesses. The study and its findings formulated on the basis of the former have allowed the author to offer his own opinion based on challenging the debtor´s transactions. The author reveals the purpose of legal regulation of invalidity of transactions the debtor committed to them on the eve of bankruptcy. This purpose is to protect the rights and property interests of both the debtor and the creditors, as well as is the formal (violation of the law) and material (violation of the property rights of the debtor and its creditors) base to contest the transactions.

Federal Control over Industry

1922 ◽  
Vol 16 (3) ◽  
pp. 432-443
Author(s):  
Nathan Isaacs
Keyword(s):  
Legal History ◽  
The Other ◽  
Natural Phenomenon ◽  
Legal Systems ◽  
Other Hand ◽  
American Law ◽  
Anglo American ◽  
State Of Affairs ◽  
Federal Control

Legal history teaches two doctrines, which seem at first glance diametrically opposed to each other, with reference to the current agitation concerning the dangers of federal encroachment. First, that the agitation, in so far as it is called out by a temporary accidental state of affairs due to the war, is ephemeral. On the other hand, the essential facts involved are of a type that are always with us. In other words, federal encroachment, when stripped of the mask and guise that temporarily makes it seem dreadful, is a perfectly natural phenomenon quite familiar to students of Anglo-American law, and, for that matter, of other legal systems.

scholarly journals CURRENT TRENDS OF AUTOTRANSPORT INSURANCE IN UKRAINE

2021 ◽  
pp. 94-107
Author(s):  
Olena MARTSENIUK
Keyword(s):  
Civil Liability ◽  
Road Transport ◽  
Legal Regulation ◽  
Third Party ◽  
Liability Insurance ◽  
Insurance Market ◽  
World Community ◽  
Land Vehicles ◽  
The World ◽  
Car Insurance

The research of the article is aimed at highlighting the essence and features of the functioning of the car insurance market in Ukraine. The study found that motor insurance is associated with profound economic and social changes in society due to mass motorization, the growth of the car fleet and traffic intensity, as well as huge material losses as a result of road accidents. It should be noted that freight transport is developing quite rapidly both within the country and abroad. At the same time, an increase in the number of intercity bus transportation, excursion and tourist bus services has been established, and as a result, international motor tourism is growing. It is proved that these factors contribute to the growth of accidents, losses in the transportation of goods, increase accidents with passengers and pedestrians on highways and, accordingly, material and social losses of society, population, commercial and government agencies. It is substantiated that insurance in general and civil liability insurance, as its integral part, is an infrastructure that helps to increase the efficiency of all areas of business. This determines the importance of the development of all types of insurance in Ukraine, taking into account the process of integration into the world community. It is established that the development of insurance market in our country should be based on the study and balanced use of experience of industrialized countries with long traditions in the insurance market, legal regulation of insurers and diversification of various types of insurance. However, it should be borne in mind that the world community has invented universal means of compensation, which is the most popular type of liability insurance worldwide – is the insurance of civil liability of owners of land vehicles. It provides for the payment of monetary compensation to the victim in the amount that would be collected from the owner of the vehicle on a civil lawsuit in favor of a third party for damage to life and health, as well as for damage or loss of property due to an accident or other road – transport accident due to the fault of the insured. Given the state and prospects of motorization in our country, as well as foreign experience in insurance market, we can say with confidence that liability insurance is one of the leading areas among other types of insurance. However, in its organization and implementation there are many different problems of legal, social, economic and organizational type. Recommendations on the prospects for the development of civil liability insurance of owners of land vehicles in Ukraine are given.

scholarly journals Applying a specific contractual structure in favor of a third party to a passenger carriage contract

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Diana Sergeevna Fedotova
Keyword(s):  
Systematic Approach ◽  
Civil Law ◽  
Legal Regulation ◽  
Third Parties ◽  
Third Party ◽  
Legal Structure ◽  
Scientific Justification ◽  
Minor Children ◽  
Similarities And Differences ◽  
Contractual Structures

The article considers the possibility of drawing a passenger carriage contract based on the model of beneficiary contracts. In the case of the conclusion by organizations of carriage contracts for organized groups of passengers, a specific contractual structure in favor of a third party may be applied. Minor children can be considered third parties in whose favor a passenger carriage contract is concluded. The contradictions of the current civil legislation regarding the consideration of minor children as passengers have been revealed. The methodological basis of the study includes the following methods. A systematic approach is used to identify the role and place of the passenger carriage contract in the system of civil law contracts, as well as contradictions in civil law. Comparison is actively used to identify similarities and differences in the legal regulation of the passenger carriage contract under the legislation of various countries. Legal modeling is used in the analysis of specific contractual structures, which are legal models, and in modeling the structure of the passenger carriage contract. Methods of formal and dialectic logic are used as well. The contribution to the study of the issue is associated with the scientific justification of the need to improve the legal structure of the passenger carriage contract according to the contract model in favor of a third party.

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