scholarly journals THEORETICAL FRAMEWORK FOR THE LEGAL REGULATION OF VISUAL ART MARKET IN UKRAINE

2020 ◽  
Author(s):  
Катерина Ткаленко
Keyword(s):  
Subject Matter ◽  
Visual Art ◽  
Art Market ◽  
Legal Regulation ◽  
Theoretical Framework ◽  
Market Participant ◽  
Personal Rights ◽  
Art Works ◽  
Aesthetic Enjoyment ◽  
Creative Capacity

The article touches upon basic issues for the legal regulation of visual art market in Ukraine. Nowadays works of visual art are regarded notonly as objects for aesthetic enjoyment but also as commercial assets. Current trading relationships are being influenced by global geographical changes of business, digital transformation and IT development.Attention is drawn to the fact that trading relations in art works should be based on such fundamental principles as equality of parties, autonomy of will, and reasonable transparency of commercial operations. It should also be defined the basic elements of trade dealings in the visual art market. They are parties to the relationships, subject matters, and certain content of rights and duties depending on type and nature of legal privity.The comprehensive analysis of legal capacity and competence has been undertaken in the research. Therefore, market participant should have legal ability to acquire and perform personal rights and obligations connected with art trading. They should be able to be hold responsible for their unlawful actions as well. The creator of visualart work should also have creative capacity to be regarded as author and proper party to the transaction.Besides, it is pointed out the main features of visual art works in case they are subject matter to trading activity. Currently, more and more contemporary art works are appearing on the market, for example, installations and computer generated art works. But commercial turnover accepts artistic results, which are unique, creative and aesthetic enjoyable. So, no art work should be considered as a subject matter to marketplace that does not contain intellectual and creative components. It should not be easily-reproducible too.Also worth noting is that certain content of legal relations in the visual art market consists of two-dimensional authorities. Permitting competence is intended to determinethe limit and procedure of voluntary conduct. Obligatory warranties establishsome restrictions and prohibitions. They are meant to attach the liability for non-performance or improper performance of duties.The article is concluded by saying that theoretical framework of visual art market is an important base for providing the suitable level of legal regulation of art trading relations.

scholarly journals TELEFORMAT OR A TELEVISION PROGRAM?

2020 ◽  
Author(s):  
Надія Федорова
Keyword(s):  
Subject Matter ◽  
Visual Art ◽  
Art Market ◽  
Legal Regulation ◽  
Legal Capacity ◽  
Market Participant ◽  
Personal Rights ◽  
Art Works ◽  
Aesthetic Enjoyment ◽  
Creative Capacity

The article touches upon basic issues for the legal regulation of visual art market in Ukraine. Nowadays works of visual art are regarded not only as objects for aesthetic enjoyment but also as commercial assets. Current trading relationships are being influenced by global  geographical changes of business, digital transformation and IT development.Attention is drawn to the fact that trading relations in art works should be based on such fundamental principles as equality of parties, autonomy of will, and reasonable transparency of commercial operations. It should also be defined the basic elements of trade dealings in the visual art market. They are parties to the relationships, subject matters, and certain content of rights and duties depending on type and nature of legal privity.The comprehensive analysis of legal capacity and competence has been undertaken in the research. Therefore, market participant should have legal ability to acquire and perform personal rights and obligations connected with art trading. They should be able to behold responsible for their unlawful actions as well. The creator of visual art work should also have creative capacity to be regarded as author and proper party to the transaction.Besides, it is pointed out the main features of visual art works in case they are subject matter to trading activity. Currently, more and more contemporary art works are appearing on the market, for example, installations and computer generated art works. But commercialturnover accepts artistic results, which are unique, creative and aesthetic enjoyable.So, no art work should be considered as a subject matter to marketplace that does not contain intellectual and creative components. It should not be easily-reproducible too.Also worth noting is that certain content of legal relations in the visual art market consists of two-dimensional authorities. Permitting competence is intended to determine the limit and procedure of voluntary conduct. Obligatory warranties establish some restrictionsand prohibitions. They are meant to attach the liability for non-performance or improper performance of duties.The article is concluded by saying that theoretical framework of visual art market is an important base for providing the suitable level of legal regulation of art trading relations.

COMMON OWNERSHIP OF SPOUSES (Analysis of the Georgian Civil Law)

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 163-177
Keyword(s):  
Family Relationships ◽  
Civil Law ◽  
Family Relationship ◽  
Legal Regulation ◽  
Legal Literature ◽  
Common Ownership ◽  
Personal Rights ◽  
The Family ◽  
Inner World ◽  
Legal Fact

The research shows that one of the legal relations in civil matters is the family relationship, having an extensive content. It includes Family Law and the actual family relationships. While there are factual elements in the family relationships, only marriage registration gives rise to the property and personal rights between spouses since marriage is a legal fact of law. However, it has been stated correctly in the legal literature that the actual co-existence of partners is such a family relationship, in which couples enter into marriage without registration. The inner world of unmarried couples is significantly free from legal regulation. Family relationships, by their characteristics, are inconceivable without the personal and intimate aspects contained in certain factual foundations and found in family relationships.

The Subject Matter of Intellectual Property

2017 ◽  
Author(s):  
Justine Pila
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Final Stage ◽  
Theoretical Framework ◽  
Trade Mark ◽  
Second Stage ◽  
Essential Properties ◽  
The Subject ◽  
Three Stages ◽  
The Relationship

This book offers a study of the subject matter protected by each of the main intellectual property (IP) regimes. With a focus on European and UK law particularly, it considers the meaning of the terms used to denote the objects to which IP rights attach, such as ‘invention’, ‘authorial work’, ‘trade mark’, and ‘design’, with reference to the practice of legal officials and the nature of those objects specifically. To that end it proceeds in three stages. At the first stage, in Chapter 2, the nature, aims, and values of IP rights and systems are considered. As historically and currently conceived, IP rights are limited (and generally transferable) exclusionary rights that attach to certain intellectual creations, broadly conceived, and that serve a range of instrumentalist and deontological ends. At the second stage, in Chapter 3, a theoretical framework for thinking about IP subject matter is proposed with the assistance of certain devices from philosophy. That framework supports a paradigmatic conception of the objects protected by IP rights as artifact types distinguished by their properties and categorized accordingly. From this framework, four questions are derived concerning: the nature of the (categories of) subject matter denoted by the terms ‘invention’, ‘authorial work’, ‘trade mark’, ‘design’ etc, including their essential properties; the means by which each subject matter is individuated within the relevant IP regime; the relationship between each subject matter and its concrete instances; and the manner in which the existence of a subject matter and its concrete instances is known. That leaves the book’s final stage, in Chapters 3 to 7. Here legal officials’ use of the terms above, and understanding of the objects that they denote, are studied, and the results presented as answers to the four questions identified previously.

scholarly journals READINGS ON THE MEMORY IN VISUAL ART WORKS

2018 ◽  
Vol 7 (49) ◽  
Author(s):  
Seniha Unay Selcuk
Keyword(s):  
Visual Art ◽  
Art Works

scholarly journals LEGAL ASPECTS OF THE BALANCE BETWEEN PERSONAL AND PROFESSIONAL LIFE

2020 ◽  
Author(s):  
Andriyana Andreeva ◽  
◽  
Galina Yolova ◽  
Keyword(s):  
Retrospective Analysis ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Professional Life ◽  
Labour Law ◽  
Legal Doctrine ◽  
Personal Rights

The paper examines two main and interconnected aspects of the life of a person - personal and professional. The topic has both - his life and moral side, as well as a legal regulation in the sphere of Family and Labour Law. This question is relatively rarely examined in the national legal doctrine, which along with the new digital challenges is the ground for the interest of the authors. The complex examination puts some accents, directed to the clarification of the borders and the needed balance between the two spheres with the idea of guaranteeing the subjective personal rights. With view of achieving the set aim the authors make actual normative as well as retrospective analysis, as a result of which tendencies are marked, proposals with theoretical and practical direction are made.

scholarly journals Lęk i czerwona kotara. Prestiż a twórczość nie-filmowa Davida Lyncha

Panoptikum ◽  
2018 ◽  
pp. 176-184
Author(s):  
Magdalena Howorus-Czajka
Keyword(s):  
Visual Art ◽  
Art Market ◽  
Cultural Imperialism ◽  
Francis Bacon ◽  
American Film ◽  
Artistic Works ◽  
Oskar Kokoschka ◽  
Edvard Munch

Inspired by David Lynch’s works of visual art, this paper is an attempt to identify some extra-artistic mechanisms (the art market) relating to artworks. As a result, his non-cinematic works have been analysed here in the context of the mechanisms operating in culture, as indicated by Mieke Bal (“cultural imperialism”) and James F. English (“economy of prestige”). The artistic works of the American film director have been located on the main axes identified in this context. In addition to the expressionist-surrealist origin and commonly acknowledged connotations with the works of Edvard Munch, Oskar Kokoschka and Francis Bacon, the author also shows ideological threads combining Lynch’s works with Tadeusz Kantor’s legacy.

scholarly journals Financial leasing as financial and credit support for investment activities of enterprises

2018 ◽  
pp. 59-68
Author(s):  
Tetiana Vasylieva ◽  
Liudmyla Zakharkina ◽  
Oleksii Zakharkin
Keyword(s):  
Comparative Analysis ◽  
Subject Matter ◽  
Statistical Data ◽  
Credit Market ◽  
Legal Regulation ◽  
Financial Leasing ◽  
Current State ◽  
The Subject ◽  
Scientific Rationale

The purpose of the article is to provide scientific rationale of the place and role of financial leasing in financial and credit support for investment activities of enterprises. The subject matter of the research includes various aspects of the current state of financial leasing and ways of its advancement in Ukraine. The article provides an analysis of investment activities based on the volume of investments in Ukraine and determines the role of financial leasing as a funding for investment resources of enterprises. The paper also examines the legal and regulatory framework for financial leasing operations and highlights different interpretations of this form of financing as well as its formal indicators. An analysis of statistical data on the financial and credit market provides important insights into trends of financial leasing contracts and the volume of loans issued to corporate borrowers, and thus makes it possible to conclude that there is a lack of leasing operations in business activities of entities. The point is mainly supported by the fact that financial leasing contracts which have been made lately are not widespread enough after the crisis in 2014. The dynamics of changes in the volume of leasing contracts by dates of signing is considered, and it is found that there is a tendency to shortening the duration of financial leasing services. An industry factor of providing financial leasing services is taken into consideration and the main industries where these services are widespread are described. The existing approaches to evaluating the effectiveness of leasing contracts are systematized. The key challenges that hinder the growth of leasing in Ukraine are identified. The research methods used in the article include: analysis, synthesis and abstraction (for forming the rationale and developing the terminological and conceptual framework of the study); comparison, systematization and logical generalization (for examining the concept of financial leasing, its legal regulation and specific features of using in Ukraine); statistical, structural and comparative analysis (for exploring ways of advancement of financial leasing in Ukraine).

scholarly journals Institutionalization of Constitutional Norms in the Dynamics of the Subject Matter of the Legal Regulation

2020 ◽  
Vol 15 (3) ◽  
pp. 17-25
Author(s):  
N. E. Taeva
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
Natural Law ◽  
Constitutional Law ◽  
Legal Regulation ◽  
Legal Institutions ◽  
Present Stage ◽  
The Subject

In the paper based on conceptual provisions put forward by Prof. Kozlova, the author sets the objective to identify tendencies that manifest themselves in the development of constitutional and legal institutions at the present stage taking into account the dynamics of the subject of legal regulation, as well as the ongoing transformation of the Russian legal system. In this regard, the author has examined the problem of expanding the field of relations regulated under constitutional law. The author has concluded about the blurring of boundaries between institutions of constitutional law, which entails the problem of attribution of norms to a particular institution. The paper has analyzed the issue of emergence of intersectoral institutions that can be characterized as neither public nor private, as neither substantive nor procedural. This leads to the need to change the very approach to the concept of “institution of law.” It is concluded that constitutional law institutions can contain unwritten legal regulators that can include both rules of natural law and rules of conduct developed directly in the society.

Documentary at Play

2012 ◽  
pp. 353-367 ◽  
Author(s):  
Inge Ejbye Sørensen ◽  
Anne Mette Thorhauge
Keyword(s):  
Content Analysis ◽  
Subject Matter ◽  
Theoretical Framework ◽  
Communication Tool ◽  
Cultural Issues ◽  
Military Conflicts ◽  
Games Theory ◽  
The Relationship ◽  
Historical Periods

Docu-games designate a versatile group of games that have in common an attempt to depict and reflect on aspects of reality such as military conflicts, historical periods, or contemporary political and socio-cultural issues. As such, docu-games have become a new communication tool for individuals or organizations. This chapter explores different perspectives on games as documentaries, going beyond the mere subject matter and visualization of docu-games to approach questions about simulations as statements about reality and gameplay as a tool for communicating statements about reality. Combining cognitive documentary and games theory with content analysis, the chapter offers a theoretical framework for understanding how docu-games reference the relationship between reality and game, as well as how they establish credibility in relation to these representations.

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