Autonomy of Will and Prior Adjustment of Ethics in Kinship Status Behavior—from the Perspective of Bigamy

2021 ◽  
Vol 3 (4) ◽  
pp. 399-407
Author(s):  
Zhang Zhe
Keyword(s):  
Autonomy Of Will

scholarly journals SMART CONTRACTS COMO UMA TECNOLOGIA DECISIVA NA GESTÃO JURÍDICA EM TEMPOS DE PANDEMIA

2021 ◽  
pp. 84-91
Author(s):  
Rodrigo Regert ◽  
Sabrina Frigotto ◽  
André Lemuel Ferreira Krieguer ◽  
Pedro Henrique Willimann dos Anjos ◽  
Jaquelyne Maria Guimarães ◽  
...  
Keyword(s):  
Virtual Environment ◽  
Qualitative Approach ◽  
Good Faith ◽  
Smart Contracts ◽  
Alternative Method ◽  
The World ◽  
Current Scenario ◽  
Methodological Aspects ◽  
Near Future ◽  
Autonomy Of Will

Os contratos são negócios jurídicos bilaterais que regulam acordos de vontades. Vários princípios precisam ser analisados quando se trata deste tema, dentre eles, sobretudo o da autonomia de vontade, da força obrigatória, da boa-fé e do consensualismo. Em tempos de pandemia, pode ficar difícil consultar um advogado de maneira presencial para redigir um contrato, é neste contexto que se apresentam os Smart Contracts (Contratos Inteligentes). O presente estudo, portanto, possui o escopo de analisar os Smart Contracts como um método alternativo para a situação atípica na qual o mundo atualmente se encontra. Buscará também salientar quais são os pontos positivos e negativos da contratação em meio virtual, como também da tecnologia reguladora no contrato digital. Para os fins buscados, quanto aos aspectos metodológicos, a pesquisa foi de natureza básica, com abordagem qualitativa, objetivo exploratório e bibliográfico do tipo narrativo. Os contratos inteligentes são promissores no cenário atual, em virtude de seu desenvolvimento ser realizado com tecnologia de extrema segurança, constituindo-se em grandes facilitadores na elaboração de acordos. Tendem a popularizar-se cada vez mais em um futuro próximo. Palavras-Chave: Contratos. Smart Contracts. Pandemia. Abstract: Contracts are bilateral legal deals that regulate will agreements. Several principles need to be analyzed when it comes to this theme, among them, especially that of autonomy of will, mandatory strength, good faith and consensualism. In times of pandemic, it can be difficult to consult a lawyer in person to draft a contract, it is in this context that Smart Contracts are presented. This study, therefore, has the scope of analyzing Smart Contracts as an alternative method for the atypical situation in which the world currently finds itself. It will also seek to highlight the positive and negative aspects of hiring in a virtual environment, as well as the regulatory technology and the digital contract. For the purposes sought, regarding the methodological aspects, the research was of a basic nature, with a qualitative approach, exploratory and bibliographic objective of the narrative type. Smart contracts are promising in the current scenario, due to their development being carried out with extremely secure technology, constituting great facilitators in the elaboration of agreements. They tend to become more and more popular in the near future. Keywords: Contracts. Smart Contracts. Pandemic.

scholarly journals EXCESSIVA ONEROSIDADE SUPERVENIENTE: UMA ANÁLISE À LUZ DA JURISPRUDÊNCIA DO SUPERIOR TRIBUNAL DE JUSTIÇA

2021 ◽  
Vol 4 (4) ◽  
pp. 84-99
Author(s):  
Silas Silva Santos ◽  
Geovanna Carrijo dos Santos Dalefi Andrade ◽  
Thaiza Akemi Pereira ◽  
Fernando da Costa Machado Filho ◽  
Leticia Rodrigues Biassoti
Keyword(s):  
Qualitative Research ◽  
Data Collection ◽  
Legal System ◽  
Dialectical Method ◽  
Court Of Justice ◽  
Autonomy Of Will

This article seeks to reflect on the theories that justify the application of the supervening excessive onerosity in the Brazilian legal system in the light of cases decided by the Superior Court of Justice, investigating the importance of the jurisprudence in the application of the studied. The qualitative research is applied with the use of the dialectical method and data collection through bibliographic research, also using the syllogism reasoning. It was observed that the contracting parties should consider the existing risks in the legal business, so that the theory of unpredictability is applied in a subsidiary manner, prevailing the autonomy of will.

A aplicação dos dispute boards nos contratos empresariais no Brasil

2021 ◽  
Vol 3 (5) ◽  
pp. 137-157
Author(s):  
Marianna Reis Porto ◽  
Jonábio Barbosa dos Santos
Keyword(s):  
Legal System ◽  
Point Of View ◽  
Private Business ◽  
Business Transactions ◽  
Legal Uncertainty ◽  
Autonomy Of Will

The present work aims to analyze, from a legal point of view, the application of dispute boards in the Brazilian legal system, focused on private business contracts, so that, initially, the use of these types of business in Brazil was studied, and later, the application of extrajudicial means of conflicts applied to business transactions, with a view to the principles of autonomy of will and cooperation, in view of the slowness and legal uncertainty faced by entrepreneurs when resolving their disputes. Finally, it was possible to examine the execution of dispute boards in the legal system, demonstrating their compatibility with local laws and the advantages that their use can bring, which, however, still suffers an obstacle due to its lack of regulation, which prevents decisions have bound.

Some Problems Connected with the Organs of International Organizations

1965 ◽  
Vol 19 (4) ◽  
pp. 913-928 ◽  
Author(s):  
Wojciech Morawiecki
Keyword(s):  
International Law ◽  
International Organizations ◽  
Essential Feature ◽  
International Organization ◽  
Social Phenomenon ◽  
International Agreement ◽  
Relative Autonomy ◽  
The Will ◽  
Autonomy Of Will

The attempts which have been undertaken, primarily by specialists in international law, to define an international organization emphasize a variety of features which distinguish that social phenomenon. Some of the characteristics that have been mentioned include creation on the basis of an international agreement, the existence of a distinct personality of the organization separate from its individual members, the exhibition of a relative autonomy of will by the organs of the agency as compared with the will of the total of its members, etc. There is general agreement that an essential feature of an international organization is the possession of permanent organs; otherwise, there has so far been no consensus on the necessity for an international organization to possess any specific feature. For example, it can be demonstrated that there are no bases for particularly stressing, as a supposedly indispensable feature of such an organization, its possessing a separate personality and an autonomy of will, as is done by certain French authors.

scholarly journals Contract for the international sale of goods: Principle of autonomy of the will of parties within documents of the Hague Conference on Private International Law

2020 ◽  
Vol 11 (4) ◽  
pp. 972-992
Author(s):  
Tatiana V. Novikova ◽  
Keyword(s):  
International Law ◽  
Legal Regulation ◽  
Private International Law ◽  
External Trade ◽  
Wide Range ◽  
The Hague ◽  
The Law ◽  
International Sale Of Goods ◽  
Sensitive Issues ◽  
Autonomy Of Will

The article is devoted to the analysis of legal regulation dealing with choice-of-law agreements by parties to international sale of goods contracts, namely in two documents of the Hague Conference on Private International Law: the Convention of 1955 on the Law Applicable to International Sales of Goods (in force) and the Convention of 1986 on the Law Applicable to Contracts for the International Sale of Goods (not yet in force). The Convention of 1955 sets a strict standard of autonomy of will (choice of a country’s domestic law; based only on the terms of the contract). Having a small number of participants and characterized by inconsistent law enforcement practice, this convention, nevertheless, is a valid legal instrument which Russian actors in the field of external trade should take into account when cooperating with nationals of member states. The Convention of 1986 establishes a substantively more liberal autonomy of will standard (change of the applicable law; demonstrated by the terms of the contract and the conduct of the parties in their entirety). However, many participants in the drafting procedure led to a wide range of views in regard to parties’ autonomy (including diametrically opposite ones). This resulted in a compromise nature of the solutions (and even the drafters’ direct refusal to address parties’ choice sensitive issues: choice of lex mercatoria, depecage) and, likely, an insufficient adoption for the Convention to enter into force. The Conventions’ basic principles (1955 — irrespective of having a few number of participants; 1986 — irrespective of not entering into force) have the potential for practical application in international commercial arbitration. In the case of parties’ autonomy, such an application would be limited to its recognition as far as the standard of the first is strict and somewhat outdated, whereas the standard of the second has been accepted in the framework of discord between states and avoids addressing sensitive issues in its implementation.

scholarly journals PRE-CONTRACTUAL RELATIONS IN INTERNATIONAL COMMERCIAL TURNOVER: SPECIFICITY AND TENDENCIES OF LEGAL REGULATION

2017 ◽  
Vol 3 (3) ◽  
pp. 69-76
Author(s):  
Ольга Муратова ◽  
Olga Muratova
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Late Nineteenth Century ◽  
International Institute ◽  
Private Law ◽  
Private International Law ◽  
Foreign National ◽  
Contractual Relations ◽  
The Law ◽  
Autonomy Of Will

The article is devoted to analysis of specifics and trends of legal regulation of pre-contractual relations in international commercial turnover. The emergence of disputes arising from pre-contractual relations, the recognition of the doctrine of culpa in contrahendo, which appeared in the late nineteenth century and helped to establish the Institute that meets the needs of the international commercial turnover in the XXI century. The determining factor in the formation of the new Institute of pre-contractual relations of the Russian civil law are the successes of the foreign national codifications of private law and the unification of international private law in the European Union in the framework of non-governmental organizations: International Institute for the Unification of Private Law (UNIDROIT), the Hague conference on private international law, etc. These achievements prefaced the inclusion in the civil code provisions on pre-contractual relations by putting the question of formal recognition of their existence as an independent Institute of the civil law on the legal consequences occurring as the result of unfair behavior at the pre-contractual stage. The author also draws attention to the complexity of the recognition of those or other actions of potential contractors of the existence of pre-contractual relations, which raises the question of whether their formalization through written fixation. In addition, the author considers the problem of implementation in the Russian legislation the principle of autonomy of will of parties to select the law applicable to pre-contractual relations. At the end the author comes to a conclusion that the most suited to modern commercial reality is an approach, according to which the principle of autonomy of will of the parties is a fundamental criterion for determining the law applicable to pre-contractual relations. The choice of such rights must be granted to the parties pre-contractual relations, as the conclusion of the main contract or after its conclusion (for example, if you have any pre-contractual dispute).

scholarly journals Alain

2021 ◽  
Vol 7 (1) ◽  
pp. 134-142
Author(s):  
Olga Macyulskaya ◽  
Keyword(s):  
Twentieth Century ◽  
Special Function ◽  
Self Control ◽  
Main Task ◽  
Ethical Values ◽  
Moral Norms ◽  
Ethical Concept ◽  
Inner Self ◽  
The World ◽  
Autonomy Of Will

Alain (Emile Auguste Chartier) is a French philosopher and essayist, a representative of the existential personalist tendency in the philosophy of the twentieth century. Investigated the foundations of thinking from the standpoint of the reflective tradition. Developed a theory of judgment, considering the ability to judge as a special function of consciousness, allowing you to streamline knowledge about reality and make sense of the world. According to Alain, the main task of philosophy is not so much to know reality, but to teach a person the wisdom of life, to make him virtuous and happy. The leading themes of Alena's ethical concept are the substantiation of morality and freedom as the most important characteristics of a person's being. The philosopher defended the principle of autonomy of will and independence of decisions in the sphere of morality from empirical inclinations and utilitarian interests. Alain refuted the idea of the universality of moral norms, asserting the unique and creative nature of ethical values. He created an original teaching on soul therapy as a technique of inner self-control and the art of being happy.

scholarly journals The Principle of Will Autonomy in the Obligatory Law

2015 ◽  
Vol 5 (1) ◽  
pp. 225
Author(s):  
MA. Shyhrete Kastrati
Keyword(s):  
Electronic Materials ◽  
Comparative Method ◽  
Theory And Practice ◽  
Hard Copy ◽  
Practical Implementation ◽  
Legal Norms ◽  
Modest Contribution ◽  
The Law ◽  
The Republic ◽  
Autonomy Of Will

The principle of autonomy of will is legislated with the Article 2 of the Law no. 04/L–077 on Obligational Relationships1, thereby providing the legal grounds for the regulation of legal relations between parties in obligational relationship.This study aims to provide a contribution to the theory and practice, and also aims at providing a modest contribution to the obligational law doctrine in Kosovo. The purpose of the paper is to explore the gaps and weaknesses in practical implementation of the principle, which represents the main pillar of obligational law. In this paper, combined methods were used, including research and descriptive methods, analysis and synthesis, comparative and normative methods.The exploration method was used throughout the paper, and entails the collection of hard-copy and electronic materials. The descriptive method implies a description of concepts, important thoughts of legal science, and in this case, on the principle of autonomy of will, thereby using literature of various authors. The analytical and synthetic methodology is aimed at achieving the study objectives, the recognition of the principle of autonomy of will, practical implementation thereof, and conclusions.The comparative method was applied in comparing the implementation of the principle in the Law on Obligational Relationships of Kosovo and the Law on Obligational Relationships of the former Socialist Federal Republic of Kosovo, and the Civil Code of the Republic of Albania. The normative method was necessary, since the topic of the study is about legal norms.

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