Termination of Business Entities under the Civil Law of Ukraine

2019 ◽  
Author(s):  
Viktoriia O. Khomenko
Keyword(s):  
Civil Law ◽  
Business Entities

scholarly journals COVID-19 as a Catalyst for the Transformation of Contractual and Enforcement Practices

Legal Concept ◽  
2020 ◽  
pp. 31-40
Author(s):  
Yuliya Tymchuk
Keyword(s):  
Civil Law ◽  
Digital Technologies ◽  
Legal Method ◽  
Force Majeure ◽  
Logical Method ◽  
Coronavirus Infection ◽  
Business Entities ◽  
Contractual Obligations ◽  
Settlement Of Disputes ◽  
The Impact

Introduction: the article provides an overview of the impact of the coronavirus pandemic (COVID-19) on treaty and enforcement practices. The most common methods of conclusion of civil-law contracts, as well as problems of fulfillment of contractual conditions, which arose against the background of spread of coronavirus infection, are considered. Legislative innovations were analysed, which led to a change in the procedure for the execution of certain types of civil law contracts, court practice, in which the legal position of the parties was based on arguments about the coronavirus pandemic. Methods: this study used both public science (dialectical method of cognition, analysis, synthesis, formal-logical method, prognostic, etc.) and private science methods (formal-legal, method of legal interpretation, etc.). Results: it is justified to increase the demand for digital technologies in the context of measures taken by the state to prevent the spread of coronavirus infection. New trends in contract practice have been identified and considered. The possibilities of legal qualification of coronavirus as a force majeure, the circumstance that makes it impossible to fulfill obligations, a significant change of circumstances, including taking into account the available judicial practice at the time of writing, have been determined. Online settlement of disputes arising from non-performance of contractual obligations has been proved to be useful. Conclusions: based on the results of the study, the interdependence between the level of introduction of digital technologies into public administration, the judicial system, the economic activity of business entities and the possibility of adaptation to the conduct of current activities in these spheres in the context of the spread of the crown virus has been determined.

scholarly journals TO THE QUESTION OF THE NEED TO INTRODUCE A SYSTEMATIC APPROACH TO THE CONSIDERATION OF CASES ON AMENDMENT OR TERMINATION OF CIVIL LAW CONTRACTS

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 102-109
Author(s):  
N. A. Ablyatipova ◽  
E. A. Ashurova
Keyword(s):  
Systematic Approach ◽  
Civil Law ◽  
External Environment ◽  
The Other ◽  
The Third ◽  
Financial Costs ◽  
The Will ◽  
Business Entities ◽  
The Stability ◽  
The One

For the Russian reality, the stability and stability of the execution of transactions and obligations in the context of frequent and unpredictable changes in the external environment is becoming an increasingly important component of economic and legal relations. Modern civil legislation, on the one hand, guarantees the stability of existing legal relations, on the other, allows for the modification and termination of contracts both at the mutual desire of the parties, and in connection with the will of the other party, if it is granted such a right. The third option is a way to change or terminate the contract in court. However, at present, there are many subjective and objective circumstances that are not provided for by the parties when concluding the contract, which make it difficult or even impossible to continue performing obligations under it while maintaining the conditions that were originally laid down in it. Not always resolving of such situations envisaged by the legislator, but because there are situations when the parties relations are further complicated by the inability to quickly and effectively solve the current conflict, especially if parties are business entities and any delay can lead to significant financial costs not only of the parties of legal relations, but also third parties whose rights are directly or indirectly affected.

scholarly journals The Civil Law Review Of The Role Of Joint Village-Owned Business Entities (BUM Desa Bersama) As the Subject of Civil Law

2018 ◽  
Vol 2 (2) ◽  
pp. 101-112
Author(s):  
Sitta Saraya
Keyword(s):  
Water Management ◽  
Civil Law ◽  
Limited Liability ◽  
Active Role ◽  
The Subject ◽  
Village Communities ◽  
Business Entities ◽  
Tourism Potential ◽  
Livestock Products

Village development in Indonesia demands a growing system of regulations both in the field of village development and its economy so that since the enactment of Law Number 6 of 2014 concerning Villages, Village-Owned Enterprises (BUM Desa) have emerged to support economic development and development of a village in Indonesia . BUM Desa is a Legal Entity that can carry out legal actions to manage capital and assets owned, provide general public services in the form of drinking water management, village waste management, management of barns, making ponds, managing plantation products and livestock products, utilizing tourism potential into villages tourism and other business activities that involve the active role of independent village communities, establish partnerships and cooperation with other parties, both individuals and other legal entities such as Limited Liability Companies, CVs and so on. The purpose of this study is to find out the role of the role of the Joint Village Business Entity as the subject of Civil Law in carrying out various legal actions including cooperating in various fields with other business entities incorporated.Keywords: Civil Law, Joint Village Owned Enterprises (BUM Desa Bersama), Subjects of Civil Law

scholarly journals Keabsahan Perjanjian dan Tanggung Jawab Badan Hukum Virtual Office terhadap Konsumen yang Melakukan Perbuatan Melawan Hukum

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Arsyilla Destriana ◽  
Ali Hanafiah
Keyword(s):  
Consumer Protection ◽  
Subject Matter ◽  
Civil Law ◽  
Virtual Office ◽  
Legal Provisions ◽  
The Subject ◽  
The Law ◽  
The Republic ◽  
Business Entities ◽  
Lease Agreement

This research aims to know and explain the validity of the lease agreement on the Virtual office because the agreement has violated article 18 of the Republic of Indonesia Law number 1999 about consumer protection because it contains the raw clause and the responsibility of Virtual office to the consumer who performs the act against the law. The type of research used is empirical research on Empiris. Using case studies in the form of legal behavior products. The subject matter is the implementation or implementation of positive legal provisions and contracts factually on any particular legal event that occurs in the community in order to reach the objectives that are determined. The results of this thesis show that the agreement in the Virtual office is equal to the provisions stipulated in article 1320 of the civil law, which must be fulfilled subjective and objective terms. The accountability of Virtual office business entities to consumers who do against the law is to provide all data and information about the customer who performs the act against the law with the record of the party Virtual office has no fault and can prove that he is innocent.

scholarly journals Theoretical and practical aspects of the practice of applying certain provisions of the legislation in the field of state defense

2019 ◽  
pp. 68-75
Author(s):  
E. A. Gorshkova ◽  
N. D. Barchuk
Keyword(s):  
Civil Law ◽  
State Regulation ◽  
The State ◽  
Regulatory Framework ◽  
Business Entities ◽  
State Defense

The authors of the article analyze the provisions of the current legislation in the field of state defense order (hereinafter - the state defense order), raise issues that arise in the field of state regulation of prices for products, limits on the admissibility of actions by economic entities - participants of the state defense order, consider other legal uncertainties in the field of pricing.The current legislation in the field of the state defense order establishes additional requirements for business entities - contractors involved in the supply of products for the state defense order. At the same time, no matter how regulated this or that sphere would be, there always remains questions for which there are no exact answers.The subject of the article is intended, first of all, to the attention of those participants in civil law turnover who have never entered into the state defense order, but admit that they can become potential participants of these legal relations, as well as those who are not professional participants in legal relations in the state defense order, but occasionally attracted to them.The purpose of this article is to draw attention to some of the gaps in the current legal and regulatory framework arising from the application of legislation in the field of the state defense order and to suggest possible solutions.

Firewall Legislation

2017 ◽  
Author(s):  
Paolo Panico
Keyword(s):  
Civil Law ◽  
Substantial Portion ◽  
Generation Planning ◽  
Business Entities

The ‘forced heirship’ rules existing in most civil law jurisdictions constrain a testator’s ability to dispose of his property according to his wishes. These rules usually confer a statutory entitlement to a substantial portion of a decedent’s estate on his surviving spouse, children, and occasionally some other relatives. This may be a major hindrance to generation planning at the helm of a family-run business or, more generally, to an economically meaningful devolution of an estate comprising controlling interests in business entities.

Civil Legal Communities in the Context of Sharing Economy

2020 ◽  
Vol 15 (6) ◽  
pp. 95-104
Author(s):  
I. Z. Aiusheeva
Keyword(s):  
Civil Law ◽  
Digital Technologies ◽  
Sharing Economy ◽  
Legal Form ◽  
Non Profit ◽  
The Status ◽  
Business Entities ◽  
The Right ◽  
Legal Consequences

The development of the economy of shared consumption (sharing economy) is recognized as one of the markers of the digital economy. Innovations and advances in digital technologies contribute to the creation of a large number of IT platforms that bring together an unlimited number of participants able to share resources. In what organizational and legal form is the activity within the framework of sharing economy permitted? Today, business and non-profit entities work in the field of sharing economy. The participation of business entities reflects the ideas of access economy, within which the features of a market economy are preserved. Associations of persons that do not seek profit may be formed in the form of a non-profit organizations or act as a civil law community with the right to make decisions incurring legal consequences on behalf of the associations without the status of a legal entity. The role of civil law communities for the development of models of sharing economy is great, so the rules governing their activities need further improvement.

scholarly journals Anachronism in using the notion of “an entrepreneur” to refer to a mandatory participant of a public contract

2018 ◽  
Vol 83 (4) ◽  
pp. 76-86
Author(s):  
E. V. Vakulovych
Keyword(s):  
Public Transport ◽  
Economic Activity ◽  
Civil Law ◽  
Retail Trade ◽  
Transport Services ◽  
Public Contracts ◽  
Business Entities ◽  
The Right ◽  
Public Contract ◽  
Legal Entities

According to the author, some of the norms of civil law, in particular the provisions regulating the procedure for concluding a public contract are objectively obsolete. Because of this the objective of the article is to study the concept of “an entrepreneur” through the prism of modern legal terminology. Based on the analysis of the relevant requirements of civil law, it has been indicated that the types of activities within the framework of a public contract may be carried out only by entrepreneurs. At the same time, taking into account the nature of entrepreneurship (commercial economic activity), the author has established the subjects of its implementation: legal entities of state and non-state forms of ownership, as well as individuals (individuals-entrepreneurs). For more detailed elucidation of the content of the term “an entrepreneur”, the author has considered certain types of commercial economic activity, which is carried out on the basis of a public contract. Thus, it has been noted that in case of retail trade, legal entities and individuals-entrepreneurs directly enter into a public contract only if their individual, independent and original economic activity involves the exchange of goods of an industrial and technical nature or intended to meet the personal needs of society to another specific commodity – money. The author has also determined that de jure public shipment by public transport means may be carried out only by legal entities publicly, but de facto public transport services of this kind are also carried out by individuals-entrepreneurs. The operator or provider of telecommunications – business entities that have the right to conduct activities in this sphere is determined as the subject of providing telecommunication services. The emphasis has been placed on the existence of a number of outdated terms in civil legislation concerning the conclusion of public contracts that contribute to the emergence of terminological confusion and complicate the understanding of these normative provisions both for ordinary citizens and for lawyers. In order to bring the provisions on public contracts of the Civil Code of Ukraine in line with other normative and legal acts in this area, the author has offered certain legislative changes.

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