LEGAL NATURE OF AGREEMENTS ON THE PAYMENT OF ALIMONY: PROBLEMS OF SUBSTANTIVE AND PROCEDURAL LAW

2020 ◽  
Vol 10 (4) ◽  
pp. 111-117
Author(s):  
NATALIA LETOVA ◽  
Keyword(s):  
Russian Federation ◽  
Child Support ◽  
Family Relations ◽  
Effective Interaction ◽  
Civil Law ◽  
Social Consequences ◽  
Theoretical Problem ◽  
Civil Process ◽  
Legal Nature ◽  
The Russian Federation

Task. The authors of the article set themselves the task of analyzing the specifics of the agreements on the payment of alimony and the procedural features of such cases. Model. To solve such a theoretical problem, it is necessary to investigate the legal nature of child support agreements as a type of bilateral transaction. Findings. The agreements on the payment of alimony differ in their ambiguous legal nature and require proper regulation in the norms of the current legislation of the Russian Federation. The scope of the study. Limited by relations in the field of family, civil law, civil process of the Russian Federation. Practical value. The identification of the nature and specific features of agreements in the field of family relations will not only enrich the theory of family law, but also create a basis for the formation of the practice of considering cases of alimony, and formulate general measures aimed at developing effective mechanisms to protect the property interests of participants in family relations. Social consequences. Determining the specifics of family agreements will allow us to establish the relationship and interdependence of the norms of the family, civil type and norms of the civil process, which will ensure their effective interaction in practice. Originality, value. A systematic study and study of the features of alimony agreements will allow them to be separated from other types of civil law transactions, identify common problems in collecting alimony and proper fulfillment of alimony obligations that impede the proper satisfaction of the basic needs of all family members. An analysis of the norms of the legislation of the Russian Federation allows us to identify additional opportunities and new ways to properly enforce court decisions on alimony.

GOVERNMENT SUPPORT MEASURES FOR FAMILIES, PROTECTION AND POVERTY ALLEVIATION OF FAMILIES WITH CHILDREN

2020 ◽  
Vol 10 (2) ◽  
pp. 147-153
Author(s):  
NATALIA LETOVA ◽  
Keyword(s):  
Russian Federation ◽  
Effective Interaction ◽  
Basic Needs ◽  
Social Consequences ◽  
Government Support ◽  
Theoretical Problem ◽  
Crisis Situation ◽  
The Social ◽  
The Russian Federation ◽  
Families With Children

Task. The author of the article set himself the task of analyzing measures of state support for families with children. Model. To solve such a theoretical problem, it is necessary to investigate the social purpose of payments in relation to families with children, to study the types of such measures, to assess their consequences for solving the problems of demography. Conclusions. The system of measures of social support for families with children has an impact on the solution of another broader task - the fight against poverty of the population of our country. The scope of the study. Limited by relations in the field of family law and social security of the Russian Federation. Practical value. Identification of the problems and reasons for getting the family into a crisis situation will allow us to formulate general measures aimed at developing effective mechanisms to protect families with children. Social consequences. Determining the purpose of measures to support families with children, analyzing certain types of assistance will help to determine the relationship and interdependence of social and family norms, the effective interaction of which will ensure the basic needs of each family. Originality, value. A systematic study and investigation of the reasons that provoke a family to get into a crisis situation, identifying common problems that impede the proper satisfaction of the basic needs of all family members, will allow us to formulate common approaches in the formation of additional measures to support families with children. An analysis of the laws of the Russian Federation allows us to identify additional opportunities and new ways to protect families with children.

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.

FAMILY MAINTENANCE OBLIGATIONS IN FAMILY RELATIONS

2020 ◽  
Vol 10 (4) ◽  
pp. 118-123
Author(s):  
ALLA SEREBRYAKOVA ◽  
Keyword(s):  
Russian Federation ◽  
Family Relations ◽  
Legal Regulation ◽  
Social Consequences ◽  
Practical Significance ◽  
Theoretical Understanding ◽  
Material Content ◽  
The Family ◽  
The Russian Federation ◽  
The Relationship

A task. The author of the article set himself the task of answering the question - what is meant by obligations for material security in family relations. Model. To solve this problem, it is necessary to investigate the issues of legal regulation of material content obligations under the family legislation of the Russian Federation and alimony relations, identify the features of legal regulation of material content relations, propose a model for building material content relations between their various participants and understand the relationship between material content obligations and alimentation obligations. Conclusion. A distinction should be made between material support in the family and alimony. They treat each other as general and private. According to the author, there is a contradiction between the rule established by law that certain categories of persons are liable for material maintenance and the assumption of execution under duress of the same obligation, which must be fulfilled voluntarily. Practical significance. The author of the article believes that the conclusions formulated in the submitted article will be useful for a theoretical understanding of legal relations of alimony, an understanding of the relationship between obligations for material maintenance under family law of the Russian Federation and alimony. Social consequences. the theoretical model proposed by the author of the study as the basis for the possible legislative consolidation and subsequent practice of applying material content, including alimentation, between participants in family relations in conjunction with other measures taken in this direction [6] will allow over time to solve the systemic problem of alimony payments. Originality, value. A correct legal understanding of the legal situation, which causes practical difficulties, will strengthen the rule of law and encourage necessary legislative changes to ensure the most effective regulation of family and alimony relations.

Application of Security Deposits under a Different Civil Legal Relationships: Theoretical and Practical Aspects

2016 ◽  
Vol 4 (10) ◽  
pp. 0-0
Author(s):  
Кирилл Гасников ◽  
Kirill Gasnikov
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Nature ◽  
Security Relations ◽  
The Russian Federation ◽  
Security Deposits ◽  
Further Development ◽  
Court Practice

The author analyzes “a security deposit” as a new named way to enforce the obligations established by the civil legislation of the Russian Federation. Studying of the latest amendments of civil law in the sphere of obligations will determine the actual directions of the further development of contractual security relations. The purpose of the article — based on the study of the doctrine of the Russian civil law, the Concept of development of Russian civil legislation, legislation and court practice to determine the legal nature of the security deposit, its characteristics and differences from other ways of enforcement of the money obligations — forfeit and deposit. Particular attention is paid to the problems of enforcement of security payments as the named ways to enforce the obligations under the preliminary agreements, and also revealed the inconsistency of court practice in this area.

THE THEORIES OF THE OBLIGATION OF A REPRESENTATIVE WITHOUT AUTHORITY TO A THIRD PARTY: THE EXPERIENCE OF GERMAN CIVIL LAW AND ITS USE IN RUSSIA

2021 ◽  
Vol 21 (2) ◽  
pp. 199-216
Author(s):  
Yu.V. BAYGUSHEVA
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Third Party ◽  
Tort Liability ◽  
Legal Nature ◽  
Heated Debate ◽  
The Russian Federation ◽  
The 19Th Century

The purpose of the study is to determine the basis of the occurrence and the legal nature of the obligation of a representative without authority in case of refusal to approve the contract conducted by him. To achieve this purpose, the author turns to the history of para. 1 p. 1 and p. 3 of Art. 183 of the Civil Code of the Russian Federation and identifies the theoretical model that underlies these prescriptions. The legal regulation of the obligation of the representative was borrowed by the domestic legislator from the draft and the final text of the German BGB. The prescriptions for this undertaking were formed as a result of a heated debate that unfolded in the second half of the 19th century among German civil law experts. They developed the basic theories of an obligation of a representative without authority: a theory of tort liability, a theory of obligation from a guarantee agreement, a theory of pre-contractual liability and a theory of obligation to protect trust. The last theory turned out to be the most viable and was enshrined in the final version of § 179 BGB, and therefore in the paragraphs of Art. 183 of the Civil Code of the Russian Federation. The essence of this theory is that if a representative without authority concludes a contract on behalf of the principal who then refuses to approve, then a representative has an obligation to compensate a third party (counterparty) for property damage; this obligation follows from the prescription of the law and the trust of a third party in the existence of authority that the representative shows, regardless of the representative’s fault. The obligation of the representative without authority is not a tort liability or obligation from the guarantee agreement; this obligation is precontractual in nature, however, it cannot be considered as liability for unfair negotiation, as it arises without the fault of the representative. The theory of obligation to protect trust has not been well covered in Russian literature. The few domestic authors who answer the question about the basis of the occurrence and the legal nature of the obligation of a representative are supporters of the theory of tort liability, the theory of obligation from a guarantee agreement or the theory of pre-contractual liability.

The Impact of E. V. Vaskovskiy’s Ideas on Modern Institutes of Review of Civil Court Rulings

2016 ◽  
Vol 4 (6) ◽  
pp. 0-0
Author(s):  
Рафаиль Шакирьянов ◽  
Rafail Shakiryanov
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Process ◽  
Civil Court ◽  
The Russian Federation ◽  
The Impact

The article reveals the impact of the ideas of E. V. Vaskovskiy (1866—1942), the classic author of the Russian civil law and process, on modern institutes of review of civil court rulings in the Russian Federation. The article points out at the topicality of the scientist’s views on such fundamental principles of a civil process as equality of participants, oral and written proceedings, the principle of two instances in modern interpretation of the civil jurisprudence.

scholarly journals Legal Nature of the Contract of Succession as a Special Institute of Civil Law of the Russian Federation

2019 ◽  
Vol 12 (5) ◽  
pp. 151
Author(s):  
Liliya Zakievna Gazizullina ◽  
Irina Mikhailovna Sboeva
Keyword(s):  
Russian Federation ◽  
Legal System ◽  
Civil Law ◽  
Transfer Property ◽  
Property Owner ◽  
Legal Nature ◽  
The Future ◽  
The Russian Federation ◽  
Mixed Categories ◽  
Mixed Nature

In this paper, the authors analyse a new institution for the Russian legal system, namely, the contract of succession institution. It is a qualitatively new way to transfer property, which was legislated as a supplement to the existing grounds of succession. It is noted that one of the advantages of this type of succession is that this type of agreement enables a property owner not only to outline the circle of successors during his/her lifetime but also to stipulate clear conditions for their entry into rights of succession. That is, thanks to this agreement, it becomes possible to determine to whom and what kind of property will be transferred after the death of the owner, and what conditions must be met for this. In this paper, the authors correlate a contract of succession with mixed categories: they compare (only by some criteria) a contract of succession with a unilateral transaction - a last will and testament. The authors conclude that the institution of the contract of succession is a symbiosis of succession and contractual legal relations (mixed nature), which may lead to certain problems in the future during the enforcement of the current legislation.

Institute for assurances and its implementation in the penal system in the framework of the Federal Law of 05.04.2013 No. 44-FZ “On contract system in procurement of goods, works, services for state and municipal needs”

2020 ◽  
pp. 162-170
Author(s):  
Екатерина Станиславовна Брылякова ◽  
Тамара Викторовна Шепель
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Penal System ◽  
Federal Law ◽  
Law Enforcement Agencies ◽  
Legal Obligations ◽  
Legal Nature ◽  
The Russian Federation

Статья посвящена анализу нового института гражданского права «заверения об обстоятельствах», нашедшего легальное отражение в гражданском законодательстве РФ только после принятия Федерального закона РФ от 08.03.2015 № 42-ФЗ «О внесении изменений в часть первую Гражданского кодекса Российской Федерации». При этом с появлением данного института возникла полемика относительно его правовой природы и отнесения к институту преддоговорной ответственности как его разновидности или как одной из гарантий обязательственных правоотношений. Актуальность темы обусловлена еще и анализом возможности реализации института заверений об обстоятельствах в контексте Федерального закона от 05.04.2013 № 44 «О контрактной системе в сфере закупок товаров, работ, услуг для обеспечения государственных и муниципальных нужд» в части защиты интересов заказчиков и одного из элементов антикоррупционной составляющей. Ряд правоприменителей категорически не допускают возможности реализации исследуемого института в контрактной системе. Кроме того, в правоприменительной сфере возникает дискуссионный вопрос относительно интерпретации заверений об обстоятельствах и их применении в обязательственных правоотношениях. В статье предпринята попытка определить правовую природу института заверений об обстоятельствах и ответственности за недостоверные заверения, а также обосновать возможность его реализации в контрактной системе в сфере закупок товаров, работ и услуг для обеспечения государственных и муниципальных нужд, в том числе для нужд уголовно-исполнительной системы. This article is devoted to the analysis of a new institution of civil law “assurances of circumstances”, which was legally reflected in the civil legislation of the Russian Federation only after the adoption of the Federal law of the Russian Federation from 08.03.2015 № 42-FZ “On amendments to part one of the Civil code of the Russian Federation”. At the same time, with the appearance of this institution, there has been a lot of controversy regarding its legal nature and the attribution to the institution of pre-contractual liability as its variety or as one of the guarantees of legal obligations. The relevance of the topic due to the analysis of the feasibility of the Institute for assurances in the context of the Federal law of 05.04.2013 № 44 “On contract system in procurement of goods, works, services for state and municipal needs” in terms of protecting the interests of customers and one of the elements of the anti-corruption component. A number of law enforcement agencies categorically do not allow the possibility of implementing the research Institute in the contract system. In addition, in the law enforcement sphere, there is a debatable issue regarding the interpretation of assurances about circumstances and their application in legal relations of obligations. The article attempts to understand the concept and legal nature of the institution of assurances about circumstances and to justify the possibility of its implementation in the contract system in the field of procurement of goods, works and services for state and municipal needs, including for the needs of the penal system.

scholarly journals Problems of Modern Understanding of a Legal Entity

2020 ◽  
Vol 11 (3) ◽  
Author(s):  
Aleksey Tyukavkin-Plotnikov
Keyword(s):  
Social Science ◽  
Russian Federation ◽  
Organization Theory ◽  
Civil Law ◽  
Organizational Relationships ◽  
Legal Entity ◽  
Integral System ◽  
Legal Nature ◽  
Theory Of Organization ◽  
The Russian Federation

The article examined the functions of a legal entity. The research revealed the interrelation between functions an factors determining the formation and existence of the institution of a legal entity. The research emphasized that since the inception of a legal entity institution, the issue of the legal nature of this type of subjects of civil law has been controversial, both in Russia and abroad. Based on the results of the analysis of fictitious and realistic theories of a legal entity, a conclusion was made about their futility due to a limited view on the essence of a legal entity arising from the need to follow the requirements determined by the hypothesis within the corresponding theory. The theory of legal entity proposed by Professor O.A. Krasavchikov, known as the theory of organization, is analyzed. It is emphasized that the theory of O.A. Krasavchikov fully corresponds to the modern understanding of a legal entity, including its normative definition, contained in the Civil Code of the Russian Federation. The study revealed the potential and prospects of the development of organization theory for modern social science. To further develop the theory of O.A. Krasavchikov, the author put forward a concept of understanding a legal entity as a unified system of organizational relationships. All main relationships (and their participants) that form a legal entity as an integral system were considered.

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.

Sign in / Sign up

Export Citation Format

Share Document