THE MEANING OF INTEREST IN OBLIGATIONS LEGAL RELATIONSHIP

2018 ◽  
Vol 1 (1) ◽  
pp. 21-32
Author(s):  
Владимир Анисимов
Keyword(s):  
Civil Law ◽  
Legal Relationship ◽  
Legal Nature ◽  
Law Regulation

The article is devoted to the topical questions of establishing the legal nature of interest and its role in civil law regulation of obligations, it also deals with the questions of the content of interest of each part of the obligation and the ways of their enforcement in the norms of civil law. It is concluded that the interest is the basis for the differentiation of civil law regulation of obligations.

TYPOLOGY OF ADMINISTRATIVE COURT PROCEDURE AND WAYS OF UNIFICATION OF CIVIL PROCEDURE

2020 ◽  
Vol 10 (5) ◽  
pp. 118-133
Author(s):  
N.V. SAMSONOV
Keyword(s):  
System Analysis ◽  
Civil Law ◽  
Administrative Law ◽  
Civil Procedure ◽  
Theoretical Discussion ◽  
Legal Relationship ◽  
Personal Rights ◽  
Arbitration Process ◽  
Legal Nature ◽  
Research Goal

Within a matter of a theoretical discussion about the legal nature of administrative court procedure, the article investigates the issue of issue of a type of this procedure. In order to reach the research goal the author solves the following problems: defines the essence of the protective legal relationship in the administrative court procedure; finds out whether it is typical for administrative court procedure to deal with dispute about personal right; makes a comparative analysis of the targets of administrative court procedure, its main principles with similar institutions in administrative and civil procedure. The methodological basis of the research is the dialectic approach. The author uses the methods of system analysis, formal logical analysis, formal legal and comparative legal methods. The following conclusions are made: as examining the cases in terms of administrative court procedure, the courts resolve the conflicts about personal right, that is typical for civil procedure; the main aim of administrative court procedure, civil and arbitration process is defense of violated or contested personal rights, freedoms and legal interests, that is not similar to the goal of administrative law and process; administrative court procedure and civil and arbitration process have common principles that differ essentially from the principles of administration law and process. The empirical data that confirm these conclusions are analyzed. The author concludes that administrative court procedure can be estimated as a new protsessual form of civil procedure. The unification of the general provisions of civil law procedural legislation is proposed.

scholarly journals The Legal Regime of Basic Multiplicities in Bankruptcy Proceedings

Lex Russica ◽  
2021 ◽  
pp. 17-29
Author(s):  
D. O. Osmanova
Keyword(s):  
Civil Law ◽  
Legal Regime ◽  
Legal Form ◽  
Corporate Group ◽  
Interdependent Network ◽  
Legal Relationship ◽  
Legal Nature ◽  
The Future ◽  
Bankruptcy Procedure ◽  
The Moment

The paper substantiates the position that the entrepreneurial market is no longer a collection of individual participants one way or another interacting with each other through voluntary communication "clothed" in a legal form, but a potentially interdependent network, the presence of which is found in the conditions of a property crisis of one of its elements. In this vein, the bankruptcy procedure is an arena for the collision of multidirectional interests of multiplicities discovered in this process, the most important of which are the unions of the meeting of creditors. They engage persons included, together with the debtor, in a corporate group, qualified by the author as multiplicities of simple partnerships. These partnerships have a specific purpose, they arise at the moment of capital pooling (initiated by a corporate group) or objective bankruptcy (initiated by independent creditors), they are endowed with a certain amount of powers within the framework of the bankruptcy procedure with due regard to the specifics of their status and they cease to exist at the moment of an actual achievement of the set goal, which is not always connected with the termination of the trial. A feature of the studied varieties of a simple partnership is the predominant involuntary association of its participants when they are forced to interact with each other due to the insolvency of their counterparty. The uniqueness of this type of a partnership is manifested, among other things, in the form of a contribution to such a partnership, since, entering into civil law relations at the time of the objective solvency of the future debtor, his counterparties do not realize that their reciprocal contribution under the obligation is nothing more than "contribution" to the property (potentially bankruptcy) assets of the future partnership that arises at the time of actual bankruptcy of the person with whom they enter into a legal relationship. In addition, the author demonstartes the need to clarify the legal nature of this type of partnership, of which the debtor and related persons are members, in order to prevent the latter from participating in the bankruptcy process along with the debtor's independent creditors.

scholarly journals Issues of Civil Law Regulation Regarding the Protection of Civil Rights When Using Genetic Information

2021 ◽  
pp. 263-284
Author(s):  
E. M. Tuzhilova-Ordanskaya ◽  
◽  
E. V. Akhtyamova ◽  
Keyword(s):  
Civil Rights ◽  
Genetic Information ◽  
Civil Law ◽  
Personal Data ◽  
Legal Regulation ◽  
Private Life ◽  
Genetic Diagnostics ◽  
Legal Nature ◽  
Improper Use ◽  
Law Regulation

Introduction: the article deals with some basic legal issues that arise from the use of human genetic information. There exist some issues of defining the legal nature of such information, which we identify in the article. Current legal regulation is not able to take into account the peculiarities of genetic information and provide an effective protection against the misappropriation and improper use of genetic information when carrying out genetic diagnostics, working with biomaterials. At the moment, special public law and civil law regulation of the procedure for obtaining, accumulating, processing, accessing, and protecting genetic information is required. Purpose: to develop a conception of the legal nature of genetic information, to identify the issues in the field of civil rights protection when using genetic information, to propose possible ways of resolving those, which is done in the article based on the analysis of scientific works as well as international and Russian legislation. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Specific scientific methods: legal-dogmatic method and the method of interpretation of legal norms. Results: in order to overcome the issues associated with the use of genetic information, it is necessary to develop an effective system of legal guarantees aimed at ensuring respect for human dignity, protecting rights and interests of an individual, protecting their genetic information in order to prevent possible harm from its improper use. Conclusion: in order to prevent the threat of illegal use of genetic information and violation of human rights, the government must take a number of important measures and introduce amendments and supplements into the statutory regulations: genetic information of an individual must acquire a special legal status, namely, it must be set apart from the group of personal biometric information and form an independent type of personal data with restricted access based on the kinship (blood) relationship between third parties and the carrier of such information; it is important to bring the provisions of civil legislation into line with the Law on Personal Data; it is necessary to legislatively specify the regime of the use and preservation of genetic information obtained as a result of gene diagnostics and to provide the legal framework for the activities of biobanks. Such amendments and supplements would make it possible to form a unified system of ways of genetic information protection as a right in combination with the norms on the protection of private life.

scholarly journals Legal fact as the grounds of real rights termination to someone else's things

2021 ◽  
pp. 147-151
Author(s):  
O.V. Ilkiv
Keyword(s):  
Civil Law ◽  
Legal Regime ◽  
Real Right ◽  
Legal Relationship ◽  
Legal Nature ◽  
The Will ◽  
Administrative Act ◽  
Legal Fact ◽  
Theoretical Foundations ◽  
Legal Consequences

The article is devoted to the study of the grounds for the cessation of real rights to foreign things in order to further develop the theoretical foundations for the settlement of the transition of real rights.  The foundations of the emergence of legal relations are analyzed, the elements of which are real rights to foreign things, and the legal facts of their termination are compared.  The article describes the will of the subjects of real relations on termination of real rights as a dispositive factor, as well as comparative orders relating to circumstances that are not based on a contractual basis.  The contract may be a legal fact that is the basis of the emergence of obligatory and real legal relations.  The grounds for the emergence and termination of real relations are largely dependent on the peculiarities of the object, the real relations and the purposes of their use, where depending on the type of real rights to foreign things will be determined by their legal regime.  The legal relationship that arises on the basis of the contract is mixed in nature, covering the obligatory and real legal nature of its components.  Investigated that the administrative act of the authority of power can not act as a direct basis for the termination of real relations that arose on the basis of the contract without its termination.  Therefore, the administrative act recognize the element of the legal composition, which ends with the termination of contractual relations.  The refusal to use someone else's property should be considered as a subjective real right of any subject of real rights, which is given this civil law.  The author came to the conclusion that in the event of the occurrence of the circumstance provided for a hypothesis of the legal norm, it can be considered as a legal fact, which is associated with the termination of real relations.  The legal consequences of the mechanism of law accession are the appointment of certain rights and responsibilities of participants in civil legal relations or legal relations as a whole.  In view of this, in the work it is proposed to improve the classification division of the grounds of termination of legal relations with strangers.

scholarly journals Unilateral organizing transactions (transactions concerning organization of relations between the parties): problems of definition and interpretation in the context of joint use of goods and services (sharing economy)

2019 ◽  
pp. 88-98
Author(s):  
E. B. Poduzova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Contract Law ◽  
Sharing Economy ◽  
Goods And Services ◽  
Economic Context ◽  
Legal Relationship ◽  
Legal Nature ◽  
Organizational Relations ◽  
The Russian Federation

A modern social and economic context of joint consumption (sharing economy) raises new questions about the use of structures of organizing contractual relations, in particular unilateral organizing transactions. The article presents the main doctrinal problems of unilateral transactions, as well as unilateral organizing transactions. The author examines approaches to the classification and classification groups of unilateral transactions, and highlights the constitutive features of unilateral organizing transactions. The paper considers the legal nature of a unilaterally binding and unilaterally enabling transactions, sets out the legal relationship between these groups of transactions. Constitutive features of unilateral organizing transactions form the basis for qualification of transactions that are most often considered in the doctrine as unilateral organizing transactions. Thus, the author defines the legal nature of issuing powers of attorney, testamentary refusal, offer, acceptance, registration applications for improvement of living conditions, etc. Methodologically, the article is based on the main results of the reform of contract law of the Russian Federation, new trends in the science of civil law. Also, the author scrutinizes the classical civil law doctrine on unilateral transactions, organizing contracts and organizational relations.

SUBORDINATION AGREEMENT IN THE SYSTEM OF PRIVATE LAW

2021 ◽  
Vol 21 (3) ◽  
pp. 7-107
Author(s):  
M.D. TYAZHBIN
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Law Reform ◽  
Private Law ◽  
Legal Nature ◽  
The Russian Federation

The article is dedicated to the category of subordination agreements. Based on the concept of conflict of rights in personam, the author makes an attempt to integrate this category into the system of private law, to determine the legal nature of subordination, and from these positions to assess the effectiveness of Art. 309.1 of the Civil Code of the Russian Federation, implemented in the course of the civil law reform.

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 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.

scholarly journals Hubungan Hukum Dokter dan Pasien Serta Tanggung Jawab Dokter Dalam Penyelenggaraan Pelayanan Kesehatan

2018 ◽  
Vol 6 (1) ◽  
pp. 163-182
Author(s):  
Yussy A. Mannas
Keyword(s):  
Therapeutic Relationship ◽  
Criminal Law ◽  
Civil Law ◽  
Civil Code ◽  
Legal Relationship ◽  
Medical Disputes ◽  
Legal Effect ◽  
Two Factors ◽  
The Relationship ◽  
Legal Consequences

Abstract:The emergence rights and obligations as a result of legal relationship between doctors and patients could potentially trigger a dispute between doctors and patients or medical disputes. In an effort to avoid or reduce medical disputes, it is necessary to understand the construction of the legal relationship between doctor and patient. From this legal relationship which will result legal actions and gave rise to legal consequences. In a legal effect, it can’t be separated is about who is responsible, as far as what responsibility can be given. It describes that relationship and the patient's physician if constructed, it can be divided based on two factors; transaction of therapeutic and act. In relation patient - physician based therapeutic, known as therapeutic relationship or transaction therapeutic, there is a binding between patients and physicians in the treatment of the disease or treatment. Engagements happens is inspanningsverbintennis and not resultaatsverbintennis, and must comply with the provisions of Article 1320 of the Civil Code. The relationship between doctor and patient is based on the Act - legislation occurred under Article 1354 of the Civil Code, which formulates zaakwaarneming. Legal relationship that occurs by two things above give rise to legal liability for doctors, the responsibility in the field of disciplinary law, criminal law, civil law and administrative law.Keywords: Doctor, Patient and Legal Relationship.Abstrak:Munculnya hak dan kewajiban sebagai akibat hubungan hukum antara dokter dan pasien berpotensi memicu terjadinya sengketa antara dokter dengan pasien atau sengketa medik. Dalam upaya menghindari atau mengurangi sengketa medik yang terjadi, maka perlu dipahami mengenai konstruksi hubungan hukum antara dokter dengan pasien. Dari hubungan hukum inilah yang akan melahirkan perbuatan hukum dan menimbulkan adanya akibat hukum. Dalam suatu akibat hukum, hal yang tidak dapat dipisahkan adalah mengenai siapa yang bertanggung jawab, sejauh apa tanggung jawab dapat diberikan. Dalam tulisan ini diuraikan bahwa hubungan dokter dan pasien ini jika dikonstruksikan maka dapat dibagi berdasarkan dua hal, yaitu transaksi terapeutik dan undang-undang. Pada hubungan pasien- dokter berdasarkan terapeutik, dikenal hubungan terapeutik atau transaksi terapeutik, yaitu terjadi suatu ikatan antara pasien dan dokter dalam hal pengobatan atau perawatan penyakitnya. Perikatan yang terjadi ialah inspanningsverbintennis dan bukan resultaatsverbintennis, dan harus memenuhi ketentuan Pasal 1320 KUHPerdata. Hubungan dokter dan pasien berdasarkan undang–undang terjadi berdasarkan Pasal 1354 KUHPerdata yang merumuskan tentang zaakwaarneming. Hubungan hukum yang terjadi oleh dua hal diatas menimbulkan tanggung jawab hukum bagi dokter, yaitu tanggung jawab dalam bidang hukum, hukum pidana, hukum perdata dan hukum administrasi.Kata Kunci: Dokter, Pasien dan Hubungan Hukum. 

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