scholarly journals ON ACCESSORY OBLIGATIONS IN RUSSIAN CIVIL LAW

2021 ◽  
Vol 7 (1(82)) ◽  
pp. 12-16
Author(s):  
R. Truhan
Keyword(s):  
Civil Law ◽  
Broad Sense ◽  
Narrow Sense ◽  
Legal Relationship ◽  
Broad Understanding

In the science of civil law, two approaches to the understanding and interpretation of accessory have been formed.  The first approach can be defined as the understanding of accessory in the "narrow" sense, the second - in the "broad" sense. Russian civil law contains signs of accessory in the "narrow" sense. For this reason, the problem of the concept of "accessory" is seen, which is subject to the identification of an accessory legal relationship with a security obligation, which in turn impoverishes the idea of the role of accessory in the system of legal relationships. With the development of circulation and the complication of law, examples of accessory legal relations of a different kind appeared that were not related to security obligations, i.e. "Broad" understanding of accessory, which has an auxiliary, secondary nature of the obligation, which can not always have a security focus.  Russian arbitration courts have developed a number of rules to make up for the shortcomings of the institution of accessory in Russian civil law, and the possibility of using accessory in the "broad" sense. It is concluded that de jure the concept of accessory in Russian civil law is reflected in the "narrow" sense, and de facto, accessory is applied in the "broad" sense.

Role of the Bill of Credit in the Development of the Russian Financial Market

2019 ◽  
Vol 8 (1) ◽  
pp. 27-31
Author(s):  
О. Южакова ◽  
O. Yuzhakova ◽  
Г. Бектенова ◽  
G. Bektenova
Keyword(s):  
Financial Market ◽  
Broad Sense ◽  
Narrow Sense

The main objective of the article is to identify the main trends of the bill market in Russia. The article considers the bill market as a part of the financial market. The article highlights the concept of a bill market in the narrow sense, as the market for the sale and purchase of bills, and in a broad sense, as a sphere of circulation of bills. The circle of the main participants of the bill market is investigated. Changes in civil legislation on the issue of the bill loan are analyzed. The authors analyzed the dynamics and main indicators of the bill market and made conclusions about the prospects for using the bill in modern companies.

scholarly journals Role of Some Genetic Parameters on Breeding Work for Resistance to Pre-Harvest

2012 ◽  
Vol 69 (1) ◽  
Author(s):  
Lupu Nicolae ◽  
Vasile Moldovan ◽  
Rozalia Kadar ◽  
Ionut Racz
Keyword(s):  
Genetic Parameters ◽  
Phenotypic Expression ◽  
Broad Sense ◽  
Quantitative Character ◽  
Broad Sense Heritability ◽  
Narrow Sense ◽  
Falling Number ◽  
Narrow Sense Heritability ◽  
Gene Effects

For wheat ( Triticum aestivum ), periods of prolonged rainfall and high humidity after the grain has ripened and before it can be harvested can contribute to, so called pre-harvest sprouting (PHS), which can be considered as a premature germination. PHS can be defined a complex quantitative character having two important components: sprouting score and falling number. The two these components are controlled by gene effects which are predominant of additive nature. Our research have been conducted on parental, F 1, F2, backcross generations means, from 4 cyclic crosses with common parents differing in their reaction to PHS and falling number. Broad sense heritability coefficients for PHS score showed high values in the case of majority hybrids that indicate the important role of genotype in phenotypic expression of reaction to sprouting. Concerning to falling number, broad sense heritability coefficients had smaller values. For wheat as a self pollinated crop, is preferable to be used narrow sense heritability which reflects additive genetic contribution to phenotypic expression of sprouting or falling number, because only additive gene effects can be fixed to progeny. When PHS score, or falling number have high values for narrow sense heritability (higher 50), is recommended the beginning of selection in F 2 and in these cases can be successful applied pedigree selection. Concluding, high heritabilities associated with other genetic parameters can be important tools at hand of breeders. They indicated that wheat selection for PHS tolerance or falling number would be effective in populations involving crosses of sensitive and tolerant parents.

scholarly journals ON COMPARATIVE LAW STUDIES IN THE FIELD OF PRIVATE (CIVIL) LAW

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Наталья Семилютина ◽  
Natalya Semilyutina
Keyword(s):  
Comparative Analysis ◽  
Public Interest ◽  
Civil Law ◽  
Comparative Law ◽  
Legal Rules ◽  
The Public ◽  
Legal Relationship ◽  
Legal Position ◽  
The Subject

The article analyses the origins of comparative civil law studies in Russia starting from the reforms of tsar Peter I. The author understands comparative civil law as a branch of legal science that makes comparative law studies applying the civil law methodology. The civil law methodology is applied by a researcher who studies legal relationship between the parties which are in equal legal position. The analysis of legal rules of various countries, regulating of alike legal relationship in different countries affords to find the best way to regulate the corresponding relationship. The purposes of comparative analysis varied in various periods of the development of Russia. The role of the Institute and the comparative law studies related to civil law are also the subject of the present article. Within the article the author pays attention to tendencies in the foreign civil law regulation such as extraterritorial application of the rules of law, or the effect of the public interest presence.

scholarly journals Urgensi Beracara di Pengadilan Perdata Terhadap Hukum Acara perdata

PLENO JURE ◽  
2021 ◽  
Vol 10 (1) ◽  
pp. 25-37
Author(s):  
Oyaldi Puhi ◽  
Rustam Hs Akili ◽  
Ibrahim Ahmad ◽  
Roy Marthen Moonti ◽  
Muten Nuna
Keyword(s):  
Civil Law ◽  
Broad Sense ◽  
Legal Rights ◽  
Narrow Sense ◽  
Procedural Law ◽  
The Law ◽  
Civil Courts

Hukum acara perdata merupakan hukum perdata formil, yang pada dasarnya berfungsi mempertahankan atau menegakkan hukum perdata materiil melalui pengadilan apabila terjadi pelanggaran terhadap hukum perdata materiil atau terjadi sengketa. Bahkan hukum acara perdata juga mengatur bagaimana tata cara memperoleh hak dan kepastian hukum manakala tidak terjadi sengketa melalui pengajuan “permohonan” ke pengadilan. Artikel ini ingin menjelaskan bagaimana mekanisme beracara di pengadilan perdata terhadap hukum acara perdata, dengan menggunakan metode penulisan secara normatif. Sebagai kesimpulan, artikel ini menjelaskan bahwa didalam beracara hukum acara perdata dapat ditinjau dalam dua aspek yakni dalam arti luas dan dalam arti sempit, dalam arti luas beracara meliputi segala tindakan hukum yang dilakukan, baik di luar maupun di dalam persidangan di pengadilan guna menyelesaikan suatu perkara menurut ketentuan hukum acara perdata. Sedangkan dalam arti sempit, beracara meliputi tindakan beracara di dalam persidang di pengadilan dari sidang pertama sampai dengan hakim menjatuhkan putusannya. Sedangkan untuk prosedur dalam pengajuan Gugatan di Pengadilan merujuk pada Pasal 118 ayat (1) Herizen Indlandsch Reglement (“HIR”)/Pasal 142 RBg. Abstract. Civil procedural law is formal civil law which basically is to defend or enforce material civil law through the court if there is a violation of the law toward material civil law or a dispute. Even the civil procedural law also regulates how to obtain legal rights and certainty, if there is no dispute through filing an "application" to the court. This article aims to explain how the procedure of mechanisms in civil courts toward civil procedural law by using the normative writing method. In conclusion, this article explains that civil procedural law proceedings can be viewed in two aspects, which are broad sense and narrow sense. In the broad sense, it includes all legal actions that are taken both outside and inside the court to resolve the case according to the provisions of civil procedural law. Whereas in a narrow sense, it includes proceeding at trial in court from the first trial until the judge makes his decision. whereas, the procedure for filing a lawsuit in court is referring to Article 118 paragraph (1) Herizen Indlandsch Reglement (“HIR”) / Article 142 RBg.

scholarly journals The organizational relations as a part of a sub ject of civil regulation

10.12737/5579 ◽  
2014 ◽  
Vol 2 (2) ◽  
pp. 77-86
Author(s):  
Гаяне Маилян ◽  
Gayane Mailyan
Keyword(s):  
Public Relations ◽  
Civil Law ◽  
The Public ◽  
Property Relations ◽  
Stage Of Development ◽  
Legal Relationship ◽  
Civil Regulation ◽  
Organizational Relations ◽  
The Subject

In article the role of the organizational relations as a part of a subject of civil regulation is considered. It is noted that at the present stage of development of society the tendency in increase in a range of the organizational relations regulated by civil law is observed. The organizational relations, acting as an intermediate link in formation and development of the property relations, are an integral part practically any relations. Taking into account it is in process of complication of the content of civil legal relationship — the organizational relations demand special regulation. The subject of civil regulation includes three groups of the organizational relations: 1) the organizational and property; 2) the organizational and corporate; 3) the organizational and non-property. In civil law it is necessary to talk about the public relations which are organizational, instead of about properties of the relations. Here it is important to find border when some «natural actions» are still indissoluble part of certain relations and when they pass into the category of the independent organizational relations.

Peran Notaris/PPAT Dalam Pembuatan Surat Kuasa Membebankan Hak Tanggungan Dalam Perjanjian Kredit Pemilikan Rumah (Studi Di Pt. Bank Tabungan Negara Tbk. Cabang Cirebon)

Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 1
Author(s):  
Yusup Sugiarto ◽  
Gunarto Gunarto
Keyword(s):  
Descriptive Analysis ◽  
Civil Law ◽  
Power Of Attorney ◽  
The Law ◽  
Credit Agreement

ABSTRAKKebutuhan akan lembaga notariat tidak terlepas dari kebutuhan akan perlunya pembuktian tertulis dalam lapangan hukum perdata. Mengingat keadaan ini maka notaris tidak saja berperan sebagai orang yang membuat alat bukti autentik namun juga sebagai penemu hukum. Notaris dalam profesinya sesungguhnya merupakan instansi yang dengan akta-aktanya menimbulkan alat-alat pembuktian tertulis dengan mempunyai sifat autentik. Penelitian ini bertujuan untuk menganalisis pelaksanaan penandatanganan akta notaris dalam pembuatan SKMHT dan akibat hukum penandatanganan akta SKMHT oleh penerima kuasa tidak di hadapan notaris dalam perjanjian kredit pemilikan rumah. Metode yang digunakan dalam penelitian ini adalah pendekatan yuridis normatif, sedangkan sifat dari penelitiannya sendiri bersifat deskriptif analisis. Penandatanganan akta notaris oleh penerima kuasa dalam akta SKMHT dimungkinkan untuk dilakukan tidak di hadapan notaris, karena lazimnya suatu akta SKMHT ada kaitannya dengan akta perjanjian kredit yang telah dibuat terlebih dahulu oleh para pihak. Akibat hukumnya penerima kuasa dalam akta SKMHT menjadi terikat untuk mematuhi ketentuan-ketentuan yang ada dalam SKMHT.Kata kunci: notaris, akta, perdata, kredit, perjanjian. ABSTRACTThe need for notarial institutions is inseparable from the need for the necessity of verification in the field of civil law. In view of this situation the notary not only plays the role of the person who makes authentic evidence but also the inventor of the law. Notary in his profession is in fact an institution which with its deeds evokes written proof means with authentic nature. This study aims to analyse the execution of the signing of notary deed in the making of SKMHT and the effect of the signing of SKMHT deed by the power of attorney not before the notary in the mortgage agreement. The method used in this study is the normative juridical approach, while the nature of the research itself is descriptive analysis. The signing of notarial deed by the power of attorney in the deed of SKMHT is possible to be done not in the presence of a notary, because usually a deed of SKMHT is related to the credit agreement which has been made beforehand by the parties. As a result of the law the power of attorney in the SKMHT deed becomes bound to comply with the provisions contained in SKMHT.Keywords: notary, deed, civil, credit, agreement.

Jurisprudence Study of the Importance of the Role of a Woman’s Right to Have a Child: A Review

2020 ◽  
Vol 16 (3) ◽  
pp. 188-193
Author(s):  
Fatemeh Ghodrati
Keyword(s):  
Pregnant Women ◽  
Civil Law ◽  
Google Scholar ◽  
Review Of The Literature ◽  
Maternal Role ◽  
The Right ◽  
Time Limitations ◽  
Natural Barrier ◽  
Taking Care

Background: Every woman has the right to have children. Objective: This study aimed to investigate the Jurisprudence study of the importance of the role of a woman right to have a child. Methods: A review of the literature with keywords of motherhood. The viewpoints of the jurists, jurisprudent law, right contraception and breastfeeding, spiritual rewards, pregnant women, instinct of having a child and the Quran. The Information Centers such as Scopus and Iranmedex, Magi ran SID, Google Scholar, Science Direct, Pub med, and in the returns without any time limitations up to 2018. Therefore, Qur'anic verses based on the topic and authentic Hadith texts as well as authoritative, authentic scientific articles. Results: Narrations and Quran verses on greatness and respect of a mother show the importance of the maternal role. The maternal role is a fabulous facet of perfection of a woman and Islam has considered spiritual rewards for it. In the Quran, many biological changes such as pregnancy, childbirth, breastfeeding and taking care of a child and spiritual characteristics of mothers as the instinct seeking a child or generosity towards child have been mentioned. Islamic rules have a duty to extend this culture and aid mothers to achieve this right. Nobody can deprive a woman of it. Conclusion: In view of jurisprudent rules in Islam, if there is no limitation or natural barrier for a woman to have a child but her husband’s illogical unwillingness for having a child; this is, according to article 1130 of civil law, a kind of distress and embarrassment and the woman has the right to divorce.

Role of Option of Defect in Tenders: A Study under Omani Law

2021 ◽  
pp. 1-17
Author(s):  
Maen Mohammad al-Qassaymeh ◽  
Nayel Musa Shaker al-Omran
Keyword(s):  
Subject Matter ◽  
Civil Law ◽  
Legal Basis ◽  
Bilateral Contracts ◽  
Governmental Body ◽  
The Subject ◽  
Injured Party

Abstract Option of defect is an important theory regulated in Omani Civil Law. It gives the injured party in bilateral contracts an option to rescind the contract if they find a defect in the subject matter of the contract. This theory is deemed a legal basis to refuse objects of sale by tender. In particular, it is useful when a guarantee that is given to the governmental body is insufficient to cover damages, due to bad performance of the contract. This article discusses how the option of defect is applied to sale by tender in Omani law.

REGULATION OF CIVIL LAW EMPLOYMENT OR EMPLOYMENT LAW?

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 229-237
Author(s):  
Łukasz Paroń
Keyword(s):  
Gradual Increase ◽  
Civil Law ◽  
Hourly Wage ◽  
Temporary Work ◽  
Freedom Of Contract ◽  
Legal Relationship ◽  
Asking Questions ◽  
The Right ◽  
Employment Rights ◽  
Public Holidays

Performance of work on a basis other than an employment relationship takes various forms. Predominantly, it takes place based on civil law relationships, which are characterised by the principle of freedom of contract, which results in the possibility of freely shaping the content of any such legal relationship. However, recent years are marked by a gradual increase in regulations of employment other than based on contracts of employment, i.e. based on civil law contracts. Introducing a minimum hourly wage, limiting employment in trade on Sundays and public holidays, providing temporary work under civil law contracts or the much earlier widespread granting of employment rights to contractors in the putting-out system and, above all, granting the right to safe and hygienic working conditions to everyone who performs work justifies asking questions about future developments.

scholarly journals Genetic resistance of Eucalyptus globulus to autumn gum moth defoliation and the role of cuticular waxes

2002 ◽  
Vol 32 (11) ◽  
pp. 1961-1969 ◽  
Author(s):  
T H Jones ◽  
B M Potts ◽  
R E Vaillancourt ◽  
N W Davies
Keyword(s):  
Genetic Variation ◽  
Eucalyptus Globulus ◽  
Field Trial ◽  
Genetic Resistance ◽  
Cuticular Wax ◽  
Wax Esters ◽  
Broad Sense ◽  
Broad Sense Heritability ◽  
Cuticular Waxes

This study investigated the association between resistance of Eucalyptus globulus Labill. to autumn gum moth (Mnesempala privata Guenée) defoliation and cuticular wax compounds. In a field trial consisting of clonally replicated F2 families of E. globulus, situated in Tasmania, Australia, significant genetic variation in resistance was detected in two of three F2 families. The broad-sense heritability for defoliation within families ranged from 0.24 to 0.33. The 15 most resistant and the 15 most susceptible genotypes within each variable family were compared for their relative levels of 26 cuticular wax compounds. While no significant correlation between resistance and total wax yield estimates was found, significant differences were detected between resistant and susceptible classes in the relative quantities of several aliphatic phenylethyl and benzyl wax esters within both families. This association does not appear to be a response induced by defoliation. The broad-sense heritabilities of the variation in these compounds were high (0.82–0.94). Our findings suggest that these wax compounds are a mechanism of genetic resistance to autumn gum moth in E. globulus.

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