scholarly journals Peculiarities of Usufruct in the Countries of Roman-German Law: Implementation of Best Practice in Ukrainian Law

2021 ◽  
Vol 4 (2) ◽  
pp. 61-80
Author(s):  
Roman A. Maydanyk ◽  
Nataliia I. Maydanyk ◽  
Natalia R. Popova
Keyword(s):  
The Netherlands ◽  
Best Practice ◽  
German Law ◽  
Civil Code ◽  
European Countries ◽  
Real Right ◽  
The Law

The article examines the features of usufruct in the European countries of Romano-Germanic law, determines the terms for the implementation of the best European practice of usufruct in the law of Ukraine. The law of European countries of continental law recognizes the usufruct as a real right of personal possession for use, which is considered an independent real right to another's property or a kind of easement. The peculiarities of usufruct in some countries of Romano-Germanic law, in particular in Germany, France, Georgia, Moldova and Russia, are researched. The peculiarities of usufruct in some countries of Romano-Germanic law, in particular in Germany, France, Poland, the Netherlands, Switzerland, Georgia, Moldova and Russia, are researched. The issues of usufruct implementation in the law of Ukraine are considered. The issues of usufruct implementation in the law of Ukraine are considered. The authors came to the conclusion that it is necessary to introduce the institute of usufruct into the Ukrainian law by supplementing the Civil Code of Ukraine with a new chapter “Uzufruct”, the framework provisions of which are proposed in this paper.

Een negentiende-eeuws Gents collegedictaat over het ius publicum Belgicum

2007 ◽  
Vol 75 (3) ◽  
pp. 295-305
Author(s):  
O. Moorman van Kappen
Keyword(s):  
The Netherlands ◽  
Natural Law ◽  
Constitutional Law ◽  
18Th Century ◽  
German Law ◽  
Lecture Notes ◽  
The Law ◽  
Ius Gentium ◽  
Required Courses ◽  
Made In

AbstractThis contribution deals with a manuscript, containing lecture notes made in 1827–1828 by a Ghent student named Callenfels and relating to the lectures on ius publicum universale et Belgicum, given by Jacob Joseph Haus (1796–1881), professor of jurisprudence at Ghent University and native of Würzburg. As the course programme of the law faculties in the southern provinces required courses in natural law as well as in ius publicum and ius gentium, the assumption has been put forward these lectures would be restricted to the ius publicum universale such as lectured in many German law faculties in the 18th century. On further examination of the manuscript under consideration this presumption proves to be wrong. After the first 13 sections, which refer in fact to the ius publicum naturale in an enlightened sense, the remaining 253 sections outline the then positive constitutional law of the Netherlands, mainly on the basis of the Dutch written constitution of 1815.

scholarly journals Fragments of Europeanization of Georgian Property Law and Law of Obligations in the Context of Reception of German Law

2019 ◽  
Vol 9 (1) ◽  
pp. 140-156
Author(s):  
Tamar Zarandia ◽  
Natia Chitashvili
Keyword(s):  
Conceptual Framework ◽  
Civil Law ◽  
German Law ◽  
Civil Code ◽  
Property Law ◽  
Private Law ◽  
Approximation Process ◽  
Research Article ◽  
The Law ◽  
Legal Harmonization

AbstractThe present research article focuses on the description of the dynamics of Europeanization of two fundamental concepts of Georgian property law and the law of obligations—acquisition of a thing from a non-authorized alienator and the unified concept of breach of obligation—in the context of reception of German law. At the historical stage of formation of the Civil Code of Georgia (CCG), focusing on the conceptual framework of German civil law, the German law, in its turn, was an integral part of the Europeanization process. Hence, Europeanization influenced the development of Georgian civil law through the reception of German law. When referring to the reception of German law in this article we simultaneously mean the process of Europeanization of Georgian civil law, which penetrated not directly but rather through the reception of European (in this case, German) codification. The ongoing reform of Georgian civil law inevitably requires its legal harmonization with EU codifications in the context of central paradigms of acquisition of a thing from a non-authorized alienator and the unified concept of breach of obligation. Analysis of the dynamics and often contradictory root of the Europeanization of Georgian private law will enable scholars and legislators conduct legal approximation process on the basis of research-based recommendations.

Innovating Corrections Across the Pond

2014 ◽  
Vol 27 (1) ◽  
pp. 26-27
Author(s):  
Kellie R. Wasko
Keyword(s):  
United States ◽  
The Netherlands ◽  
Best Practice ◽  
The United States ◽  
European Countries ◽  
State Agencies ◽  
Innovative Strategies ◽  
Department Of Corrections ◽  
Colorado Department ◽  
The Way

The Vera Institute of Justice, funded by the Prison Law Office, facilitated a project whose aim was to coordinate discussions between American and European policymakers about successful corrections policies and practices in the respective countries. The Colorado Department of Corrections was honored to be one of 3 state correctional teams to participate in this project. The teams spent 3 days in Germany and 3 days in the Netherlands in which much time was spent collaborating with Corrections officials to determine the practices of the respective countries and discussing best practice efforts. The significant differences in cultures affect not only the way the offenders are managed, but also the crimes that are committed in European countries. These variables were fascinating to the American Correctional counterparts as we explored the means by which European offenders are sentenced, managed during incarceration and reintegrated into their communities. The various American state agencies came back with innovative strategies to evolve the management of offenders in the United States – even to the point of challenging century old philosophies of imprisonment.

Consequences of Premature Self-Cure: The Lawless Buyer? – A Critical Review of Bundesgerichtshof's Decision of 23 February 2005

2006 ◽  
Vol 7 (1) ◽  
pp. 1-23
Author(s):  
Tobias Caspary
Keyword(s):  
Critical Review ◽  
German Law ◽  
Federal Court ◽  
Civil Code ◽  
Grace Period ◽  
Court Of Justice ◽  
Federal Court Of Justice ◽  
The Law ◽  
Bürgerliches Gesetzbuch

More than three and a half years ago, the German law of obligations, codified in the second of the five books of the German Civil Code (Bürgerliches Gesetzbuch, BGB), underwent its greatest reform since the BGB was enacted on 1 January 1900. The Act to Modernize the Law of Obligations, the Schuldrechtsmodernisierungsgesetz, which came into force on 1 January 2002, dramatically altered the law of obligations. Whereas legal practitioners had almost no time to adapt to the new provisions, at least the German courts were granted a grace period. Nevertheless, by now the first cases involving the modernized law have reached the benches of the Bundesgerichtshof (BGH – Federal Court of Justice).This article deals with “one of the currently most controversially discussed questions” of the law of obligations: Whether a buyer, who cures a product's defect can claim reimbursement for the associated expenses (Aufwendungen) from the seller, without giving the seller an additional period of time for supplementary performance (Nacherfüllung). This manner of bringing the product into conformity with the contract can be described as a premature self-cure (verfrühte Selbstvornahme).

Codification of Private International Law: Efforts in the Netherlands, Book 10 Civil Code†††

2011 ◽  
Vol 39 (3) ◽  
pp. 287-294 ◽  
Author(s):  
Antoon (Teun) ◽  
V. M. Struycken
Keyword(s):  
The Netherlands ◽  
International Law ◽  
Civil Code ◽  
Private International Law ◽  
The People ◽  
The Law ◽  
Intended Effect

Law does not have its intended effect if people do not know the law. Law should be known by the people who derive rights and obligations from it. Chaotic law, though known by the people, does not have its intended effect either. To be respected, law should at least be logical and consistent, and not prompt chicaneries. Law is what courts say the law is. Courts have to decide case by case. Their judgments express what the law is in the case submitted. The people involved and other interested people will know what the court has decided.

scholarly journals EUROPEIZACJA PRAWA DOTYCZĄCEGO UMOWY UBEZPIECZENIA

2017 ◽  
Vol 4 (2) ◽  
pp. 9
Author(s):  
Jan Łopuski
Keyword(s):  
Civil Code ◽  
Insurance Contract ◽  
European Countries ◽  
Insurance Law ◽  
Commercial Insurance ◽  
Consumer Contracts ◽  
The Law ◽  
General Conditions

Euro-merge of the Law Regarding Insurance ContractSummaryThe author presents the origins of the Polish commercial insurance law in the context of the process o f its Euro-merge. Special attention is devoted to the evaluation of the quality of the regulation of the insurance contract in the Civil Code against the background of the solutions adopted by laws o f particular W estern European countries. The above problems are discussed in relation to the freedom of contracts principle, general conditions of insurance, consumer contracts law and the limitations of insurance. The evaluation of the Polish legislation includes interesting remarks de lege ferenda.

“Farewell to Unjustified Enrichment?” – A Common Law Response

2016 ◽  
Vol 20 (3) ◽  
pp. 326-337
Author(s):  
Steve Hedley
Keyword(s):  
Common Law ◽  
German Law ◽  
Unjust Enrichment ◽  
Level Of Abstraction ◽  
The Law ◽  
Unjustified Enrichment ◽  
High Level ◽  
Logical Process

In this article, Professor Steve Hedley offers a Common Law response to he recently published arguments of Professor Nils Jansen on the German law of unjustified enrichment (as to which, see Jansen, “Farewell to Unjustified Enrichment” (2016) 20 EdinLR 123). The author takes the view that Jansen's paper provided a welcome opportunity to reconsider not merely what unjust enrichment can logically be, but what it is for. He argues that unjust enrichment talk contributes little of value, and that the supposedly logical process of stating it at a high level of abstraction, and then seeking to deduce the law from that abstraction, merely distracts lawyers from the equities of the cases they consider.

Prawne aspekty eutanazji w Holandii

2016 ◽  
Vol 14 (3) ◽  
pp. 243-253
Author(s):  
Grzegorz Stefanowicz
Keyword(s):  
The Netherlands ◽  
Assisted Suicide ◽  
Public Authority ◽  
Dutch Society ◽  
On Demand ◽  
Limited Length ◽  
The Law ◽  
Death On Demand ◽  
The Way

This article undertakes to show the way that has led to the statutory decriminalization of euthanasia-related murder and assisted suicide in the Kingdom of the Netherlands. It presents the evolution of the views held by Dutch society on the euthanasia related practice, in the consequence of which death on demand has become legal after less than thirty years. Due attention is paid to the role of organs of public authority in these changes, with a particular emphasis put on the role of the Dutch Parliament – the States General. Because of scarcity of space and limited length of the article, the change in the attitudes toward euthanasia, which has taken place in the Netherlands, is presented in a synthetic way – from the first discussions on admissibility of a euthanasia-related murder carried out in the 1970s, through the practice of killing patients at their request, which was against the law at that time, but with years began more and more acceptable, up to the statutory decriminalization of euthanasia by the Dutch Parliament, made with the support of the majority of society.

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