Civil law (general part) in schemes 2nd edition

2019 ◽  
Author(s):  
V. M. Koryakin ◽  
S. V. Taradonov
Keyword(s):  
Civil Law ◽  
General Part

Unenforceable Contracts and Unjusticiable Contracts: Secs. 32–33 of the Contracts (General Part) Law, 1973

1986 ◽  
Vol 21 (3-4) ◽  
pp. 425-449 ◽  
Author(s):  
Gabriela Shalev
Keyword(s):  
Civil Law ◽  
Contract Law ◽  
The Future ◽  
General Part ◽  
The Law ◽  
Preparatory Work

The Contracts (General Part) Law, 1973, is the fundamental statute in Israeli contract law, and will in the future serve as the basis for the codification of Israel civil law. The Law was enacted following a decade of meticulous preparatory work by a committee headed by Professor Tedeschi. Prof. Tedeschi was the leading intellectual force in this committee; his influence is apparent in the approaches, principles and concepts of the Law, as well as in its particular provisions. Prof. Tedeschi also devoted a part of his prolific writings to the realm of contracts law. This article, dealing with only two sections of the wide-ranging Contracts (General Part) Law, is dedicated with admiration to the father of Israeli modern contract law.

Part I The General Part, 2 Comparative and Theoretical Perspectives

2017 ◽  
Author(s):  
McMeel Gerard
Keyword(s):  
Theoretical Perspective ◽  
Relevant Literature ◽  
Civil Law ◽  
Contract Law ◽  
Future Developments ◽  
Theoretical Perspectives ◽  
Subjective Theory ◽  
Recent Developments ◽  
General Part ◽  
Admissible Evidence

This chapter first considers civil law jurisdictions and various international legal instruments and their approach to the construction of contracts. In particular, the chapter focuses on the objective/subjective debate and the admissible evidence. It then looks at the international restatements of contract law, which are committed to a subjective theory of contract, such as is found in civil law countries. Next, the chapter considers a more theoretical perspective in the topic of contractual interpretation, and introduces the relevant literature to that effect. Such wider perspectives have been a source of recent developments—and may continue to be the source of future developments—in this field.

scholarly journals THE SYSTEM OF CIVIL SANCTIONS IN THE GENERAL PART OF THE CIVIL CODE OF UKRAINE

2020 ◽  
pp. 17-23
Author(s):  
I. Dzera
Keyword(s):  
Critical Analysis ◽  
Civil Law ◽  
Civil Code ◽  
Effective Protection ◽  
Legal Relationship ◽  
Specific Term ◽  
Legal Sanctions ◽  
Civil Status ◽  
General Part

In this article the norms of Books 1–3 of the Civil Code of Ukraine are examined in order to determine civil sanctions and their system. The au- thor stipulates that in the Civil Code of Ukraine there is no definition for the specific term "sanction" and its types, except for Article 354, which states only one type of the sanction, that is, confiscation. These gaps lead to the problems in determining the grounds for the application of certain measures of coercive nature and impede the effective protection of subjective civil law rights which are violated. A critical analysis of existing classifications of civil sanctions is carried out, and an author's classification of the General Part of the Civil Code's sanctions is proposed, depending on the types of legal relationships governed by it. For the purposes of such classification, the author considers the subjective composition of the legal relationship, the focus on the restoration of the subjective civil law right, which is violated, or on the compensation of the harm caused, and the consequences of civil sanctions application. A thorough analysis of the norms of Books 1-4 of the Civil Code is carried out in order to identify the norms containing civil sanctions. Thus, in the first three chapters of the Civil Code there is a lack of the norms containing civil sanctions. At the same time, Chapter 4 of the Civil Code is distinguished by the variety of civil sanctions that are proposed to be considered as civil sanctions that limit or impede the personal civil status of an individual in the circumstances specified in Articles 36, 37, 39, 41, 43, 46, 47, 481. Other provisions of the same chapter contain sanctions that restore the civil status of an individual, which causes him or her to have positive legal effects (Articles 38, 42) related to the restoration of the civil capacity of an individual whose civil capacity has been is limited or recognized as incompetent. On the basis of the conducted research of the norms of the Civil Code, it is concluded that the diversity of civil legal sanctions in different chapters of the Civil Code, which have different directions and consequences of their application, despite the absence of their direct name "sanctions".

Взгляды профессора Е. В. Васьковского на систему российского гражданского права и современность

2017 ◽  
Vol 70 (0) ◽  
pp. 0-0
Author(s):  
Andriej Szerstobitow
Keyword(s):  
Family Law ◽  
Civil Law ◽  
Legal Regulation ◽  
Property Law ◽  
Commercial Law ◽  
Inheritance Law ◽  
Law System ◽  
Special Part ◽  
General Part ◽  
Civil Law System

The article is devoted to the views of Professor E. V. Vaskovsky on the system of Russian civil law of the late XIX beginning of XX centuries. Giving a presentation on the civil law system E. V. Vaskovsky, first of all, emphasizes the feasibility of isolation in a special section of the general part. The most important parts of civil law system, he believes property law, law of obligations, family law and inheritance law, constitute a special part of civil law. Author composed of sections, which are section of the special part of civil law, including the rights materialized, embodies the bearer. Summing up the views of E. V. Vaskovsky on the system of civil law, it should be noted that along with the traditional inclusion of family law, the novella is extremely large character that took place in the end of XIX century in the field of legal regulation of intellectual creativity, and found in it reflected. Further, the article presents a generalized analysis of the current system of the Russian civil law. The concept of the civil law system, all also based on the division into the general and special part. Now, however, in the civil law system is allocated a number of subbrunches. Selecting subbrunches of the modern civil law associates with the isolation of each of them with their own general part. Currently, the structure of the special part of civil law includes the following subbrunches: corporate law; property law; inheritance law; law of obligations; the law of “intellectual property”; commercial law. Historical experience has shown that the “materialized rights” that E. V. Vaskovsky also singled out in the structure of the special part of civil law did not subbrunch of the modern Russian civil law, as the rapid development of the stock exchange trade resulted in the so-called “dematerialization” of securities, which is the main instrument of the stock market. Currently, the data set of rules should be considered as one of the most important institutions of commercial law as a subbrunch of modern civil law.

scholarly journals Remarks on István Szászy (1899-1976), on the General Part of Hungarian Civil Law and the Role of the Comparative Method in Private Law

2021 ◽  
Vol 71 (1) ◽  
pp. 5-22
Author(s):  
Emőd Veress ◽  
Keyword(s):  
Comparative Method ◽  
Civil Law ◽  
Private Law ◽  
High Quality ◽  
International Private Law ◽  
Legal Thinking ◽  
General Part ◽  
Do So

István Szászy was one of the most versatile creators of Hungarian legal thinking. We remember him primarily as a scholar of international private law, but he also published many high-quality private law works before 1949. In 1949, István Szászy's career as a private lawyer was interrupted for political reasons in the context of Soviet-type dictatorship. His person has been partially ignored by history, while his work as a private lawyer has been disregarded altogether. Therefore, it is worth examining the reasons for the disregard he has been shown and determining whether the oeuvre's private law program is worth re-acknowledging, rehabilitating, and completing. In order to do so, we must discuss the general part of Hungarian civil law and the comparative method’s incidence, as the importance of this issue extends beyond Szászy’s work.

scholarly journals Nullity as a prerequisite of contract conversion

2021 ◽  
Vol 93 (4) ◽  
pp. 1085-1144
Author(s):  
Dražen Mijanović
Keyword(s):  
Civil Law ◽  
The Other ◽  
Legal Definition ◽  
Foreign Literature ◽  
Legal Method ◽  
Scope Of Application ◽  
The Subject ◽  
General Part ◽  
The Law ◽  
Area Of Application

Although it has been legally recognized since 1978, the conversion (lat. Conversio - conversion) of contracts is one of the institutes to which no deserved attention has been paid in domestic theory. In textbooks that cover the general part of civil law, and those used for teaching the law of obligations, this institute is, with certain exceptions, presented rather briefly - usually, beside the legal definition, we find only the field of application and examples of conversion. We were unable to find monographs on the subject of conversion. On the other hand, in foreign literature, mostly German and Italian, we find a large number of monographs on the topic of conversion. The subject of this paper is one part of the norm that prescribes the conversion of a contract, and that is the nullity of a contract, which is provided as a precondition for the application of the institute. The scope of application of conversion seems to be precisely and clearly defined, especially having in mind the text and the place of the norm within the Law Contracts and Torts, and in this paper we will see if that is actually the case. In the search for the answer, we also used the comparative legal method. The area of application of conversion was considered - and we did not limit ourselves only to null and void contracts, but we considered the possibility of its application to non-existent, null and void, voidable contracts, then to partially null and void contracts, but also to valid contracts. Within null and void contracts, special attention is paid to those illegal and immoral, and within non-existent ones - to a simulated contract.

Civil right. Common part

2020 ◽  
Author(s):  
Elena Boltanova ◽  
Nataliya Bagrova ◽  
Roman Bevzenko ◽  
Svetlana Butenko ◽  
Eduard Gavrilov ◽  
...  
Keyword(s):  
Higher Education ◽  
National Security ◽  
Civil Law ◽  
Federal State ◽  
Educational Standards ◽  
Educational Organizations ◽  
Common Part ◽  
Judicial Practice ◽  
General Part ◽  
State Educational

The textbook contains three sections ("General provisions", "Property law", "General provisions of the law of obligations"), which systematically and consistently set out the relevant topics of the training course of the General part of civil law and include an analysis of judicial practice. Meets the requirements of the Federal state educational standards of higher education of the latest generation. For students of educational organizations of higher education who study in the direction of training 40.03.01 "Law" and specialty 40.05.01 "Legal support of national security", as well as for undergraduates, postgraduates, applicants and other persons interested in civil law.

General Rules and Institutions of Private Law

Japanese Law ◽  
2021 ◽  
pp. 117-143
Author(s):  
Hiroshi Oda
Keyword(s):  
Public Policy ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Private Law ◽  
Optimal Outcome ◽  
Fair Dealing ◽  
General Rules ◽  
General Part

The Civil Code is a cornerstone of private law. The general part of the Code sets out general rules of civil law such as the doctrine of good faith and fair dealing. Japanese courts sometimes modify a contract by referring to this doctrine in order to achieve an optimal outcome. The part on juristic acts are applied to contracts. Thus, contracts—juristic acts—against public policy are null and void.

scholarly journals Bemerkungen zum Verhältnis zwischen dem Allgemeinen Teil des Privatrechts (Zivilrechts) und der Tradition des römischen Rechts

2021 ◽  
Vol 65 (4) ◽  
pp. 395-408
Author(s):  
Gábor Hamza ◽  
Keyword(s):  
19Th Century ◽  
Civil Law ◽  
Roman Law ◽  
Legal Science ◽  
General Part ◽  
The 19Th Century

The author of this study traces back the origin of the notion of "General Part"(Allgemeiner Teil in German) to the century's old tradition of Roman law (Civil law). He points out that the origin of the term "General Part" cannot be found in the sources of classical and postclassical Roman law. The most renowned representatives of the German Pandectist School i.e., Pandectist Legal Science developed the concept of "General Part"during the preparation of the codification of private (civil) law during the 19th century availing themselves, however, of the Roman law tradition dating back to the previous i.e. medieval legal science.

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