scholarly journals On the question of the ratio between the condictio and the vindicatio

2020 ◽  
pp. 281-285
Author(s):  
Iryna Romanska
Keyword(s):  
Effective Means ◽  
Civil Law ◽  
Theoretical Research ◽  
Scientific Article ◽  
Legal Basis ◽  
Main Method ◽  
Distinctive Features ◽  
Legal Remedy ◽  
Legal Nature ◽  
Research Analysis

The scientific article is devoted to the solution of the scientific-applied problem of delimitation of the obtaining, keeping of pro -perty without sufficient legal basis with the vindicatio.The criteria for the ratio of a reclaim owner’s property from someone else’s illegal possession and a condictio claim are consi -dered. Both common and distinctive features of these legal institutions are analyzed. Vindicatio and condictio lawsuits are effectiveways to protect property rights, not measures of liability.Obligations arising from the obtaining, keeping of property without sufficient legal basis, as well as reclaim owners property fromsomeone else’s illegal possession, by their legal nature belong to the number of renewable, protective and non-contractual legal relations.The similarity can be seen in the so-called criteria as «right to follow». It is concluded that the range of persons entitled to file acondictio claim is wider than the subjects entitled to vindicatio.The main difference between condictio and vindicatio is that a claim for the return of property from someone else owns withoutsufficient legal basis is a legal remedy, and a claim for recovery of property from someone else’s illegal possession is a legal claim. Itis established that in contrast to vindicatio, the fact that the illegal purchaser actually owns the thing, in the case of condictio is not decisive.It is justified that in comparison with the vindicatio the condictio obligation has a wider range of action and is applied regardlessof the good faith of the purchaser and regardless of how the property was taken out of the possession of the creditor.Based on the generalization of theoretical research, analysis of current legislation of Ukraine, it is established that the obligationof condictio is a universal independent way to protect subjective civil law and an effective means of influencing the illegal acquirer.Condictio is applied in the alternative to vindicatio, when a certain requirement of the titular owner of the property is not covered bythe regulations of the main method of protection. The author concludes that it is impossible to compete in vindicatio and condictioclaims.

scholarly journals The legal status of tokens and their inheritance

2020 ◽  
Vol 16 (1) ◽  
Author(s):  
Elena Anatolyevna Kirillova ◽  
Oleg Evgenyevich Blinkov ◽  
Teymur Zulfugarzade ◽  
Aleksandr Vladimirovich Bocharov ◽  
Artur Yashevich Avdalyan
Keyword(s):  
Data Warehouse ◽  
Legal Status ◽  
Civil Law ◽  
Distributed Information Systems ◽  
Distributed Information ◽  
Distinctive Features ◽  
Legal Nature ◽  
Digital Asset ◽  
Digital Assets

This article considers the legal status of tokens, their specifics and distinctive features, as well as the possibility of inheriting this digital asset. The study aims at analyzing the legal nature and classification of tokens, as well as the specifics of their inheritance. While conducting this research, it has been used the methods of collecting and studying singularities, generalization, scientific abstraction, cognition of objective laws, objectivity, specificity and pluralism. It has been concluded that a token is an entry in the transaction block registry (blockchain) or other distributed information systems, which certifies that the token owner is entitled to civil law protections and/or is a cryptocurrency. It has been proved that tokens by their legal nature are digital units of accounting in the participating interest shares of entrepreneurial projects and authorized capitals of any company, digital price analogues of uncertificated securities and other objects of civil law. It has been developed a classification of tokens and emphasized the need to create an electronic data warehouse that contains access codes for these digital assets. After the testator’s death, these codes can be given to the heir by testament or by law in case the testator did not draw up the corresponding testament during their life. These conclusions and suggestions will allow to legally qualify tokens and resolve inheritance issues in this area.

scholarly journals Concept and grounds for the acquisition of ownership rights in the civil law of the Russian Federation

2021 ◽  
Vol 39 (71) ◽  
pp. 543-553
Author(s):  
Svetlana S. Aleeva ◽  
Maria Ye. Zhukova ◽  
Svetlana A. Ivanova ◽  
Albina V. Kachmazova ◽  
Elena B. Kozlova
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Inductive Method ◽  
Important Place ◽  
Main Method ◽  
Legal Norms ◽  
Scientific Analysis ◽  
Legal Nature ◽  
Ownership Rights ◽  
Historical Methods

The purpose of the article was to study the legal nature, concept, and motives for the acquisition of property rights in Russian civil law. The main method of documentary research. The article also uses the inductive method, the method of systematic scientific analysis, comparative legal methods, and historical methods. The main method underlying the solution of the problem is to study the legal bases and characteristics of the acquisition of property rights. The article demonstrates the theoretical irresoluble of the problem of scientific understanding of the grounds for acquiring property rights in the civil law of Russia and other countries. The authors of the article consider that the interpretation of Russian legal norms on property rights is multidimensional in contrast to the relatively recent past. It is concluded that judicial argumentation has occupied an important place in the modern scientific interpretation of civil law rules on property rights. Both the modern legal state and the constitution were created by interpretation and argumentation, including the rules of the property law institute.

scholarly journals Medical error: Civil liability for the damage

2020 ◽  
Vol 37 (4) ◽  
pp. 13-25
Author(s):  
Nenad Stefanović
Keyword(s):  
Medical Error ◽  
Civil Law ◽  
Moral Dilemmas ◽  
Third Parties ◽  
Medical Law ◽  
Legal Basis ◽  
Professional Activities ◽  
Medical Institutions ◽  
Legal Nature ◽  
Definition Of

The paper analyzes the civil law aspects of the responsibility of medical workers and institutions due to the damage caused by the doctors' mistakes in providing medical care. The aim of this paper is to present all the basics of physician responsibility, if it is established that there is a close connection between the error and the proven error and damage caused to the health of the patient, but also to third parties. The issue of medical error is not exclusively related to compensation for damages, since it heavily relies on medical law too. Although mistakes are mainly caused by the wrong actions of the doctors in performing their professional activities, the paper also deals with the responsibility of medical institutions for the damage being caused. An inaccurate definition of the legal nature of doctors' responsibilities, obligations imposed on medical workers by law, the definition of errors in a medical treatment, as well as the legal basis of liability to third parties, indicate that there are many not only legal but also ethical and moral dilemmas requiring the additional attention and analysis, which is also the goal of this paper.

scholarly journals Subject of confiscation in little commercial bribery and little bribery

2021 ◽  
Vol 2021 (1) ◽  
pp. 121-125
Author(s):  
Galina Mironova
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Civil Law ◽  
Legal Regulation ◽  
Criminal Code ◽  
Legal Basis ◽  
State Revenue ◽  
Legal Nature ◽  
Commercial Bribery ◽  
The Russian Federation

The analysis of the grounds for the confiscation of property allowed the author to identify a set of problems that have arisen as a result of the legislative separation of petty commercial bribery and petty bribery. Article 1041 of the Criminal Code of the Russian Federation gives no legal basis for seizure of property obtained as a result of petty commercial bribery or petty bribery. It leads to the deficiency of the means of criminal law enforcement and requires the use of other means, not restricted to only penal tools. For the confiscation of property, courts resort to the application of civil law norms regulating the invalidity of civil transactions. The author notes that as a result of this approach to the legal regulation of the confiscation of property and decisions taken by the courts, there is a confusion and substitution of the legal nature of the fact of a crime and the fact of a civil tort. In order to eliminate the revealed contradictions, the author proposes to amend the normative regulation of the grounds for the confiscation of property and to consider property received as a result of petty commercial bribery or petty bribery as obtained illegally and, accordingly, subject to seizure as state revenue.

scholarly journals Problems of using certain unnamed ways to ensure fulfillment of obligations

2020 ◽  
Vol 164 ◽  
pp. 11027 ◽  
Author(s):  
Nina Semeryanova ◽  
Artem Tsirin ◽  
Sergey Matulis ◽  
Ibragim Ibragim
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Civil Law ◽  
Research Approach ◽  
Legal Basis ◽  
Scientific Methods ◽  
Legal Method ◽  
Current State ◽  
Legal Nature ◽  
Legal Structures

The relevance of the work lies in the fact that traditional ways of ensuring the fulfillment of obligations do not fully satisfy the needs of civil circulation, therefore, modern civil legislation needs more flexible legal structures. This situation encourages participants in civil turnover to search for alternative ways to ensure their property interests and is the main reason for emergence of unnamed ways to ensure fulfillment of obligations. The article defines the legal basis of such methods of ensuring fulfillment of obligations as a state (municipal) guarantee, security sale and fiduciary collateral, as well as their place in Russian legal system. Cases of application of these methods in practice are analyzed. The novelty of the study lies in assessing the current state of individual unnamed ways to ensure the fulfillment of obligations made on the basis of analysis of doctrine, legislation and law enforcement practice. Conclusions: Civil law, which offered participants of the obligation relations other ways to ensure the fulfillment of obligations, did not form sufficient criteria and provisions for their regulation. The main difficulties of law enforcers associated with unnamed ways of ensuring the fulfillment of obligations arise due to the lack of unity of opinion on their legal nature in the doctrine, which leads to the difficulty of their settlement and does not allow to occupy a proper niche in civil law. The leading research approach of the study includes such scientific methods as dialectics, analysis, synthesis, deduction, comparative legal and formal legal method.

Compensation for Infringement of Copyright and Related Rights: Essence and Primary Functions

2020 ◽  
Vol 5 ◽  
pp. 34-40
Author(s):  
N. V. Buzova ◽  
◽  
R. L. Lukyanov ◽  
Keyword(s):  
Russian Federation ◽  
Research Method ◽  
Comparative Law ◽  
Civil Code ◽  
Judicial Practice ◽  
Legal Remedy ◽  
Legal Nature ◽  
The Russian Federation ◽  
Judicial Protection ◽  
Exclusive Right

The Civil Code of the Russian Federation provides an opportunity to the rightholder in case of infringement of his exclusive copyright and related rights to demand in court instead of compensation for damages incurred by him to pay compensation. In most cases, when the rightholder applies for judicial protection of his violated rights, he requires the recovery of compensation. This article discusses the legal nature of compensation as a legal remedy of an exclusive right and its primary functions. When writing an article, a comparative law research method is used. As a result of the analysis of russian and foreign legislation, as well as judicial practice, it was found that compensation, in addition to restorative, also has a preventive function and can be considered an analogue of statutory damages.

Role of Option of Defect in Tenders: A Study under Omani Law

2021 ◽  
pp. 1-17
Author(s):  
Maen Mohammad al-Qassaymeh ◽  
Nayel Musa Shaker al-Omran
Keyword(s):  
Subject Matter ◽  
Civil Law ◽  
Legal Basis ◽  
Bilateral Contracts ◽  
Governmental Body ◽  
The Subject ◽  
Injured Party

Abstract Option of defect is an important theory regulated in Omani Civil Law. It gives the injured party in bilateral contracts an option to rescind the contract if they find a defect in the subject matter of the contract. This theory is deemed a legal basis to refuse objects of sale by tender. In particular, it is useful when a guarantee that is given to the governmental body is insufficient to cover damages, due to bad performance of the contract. This article discusses how the option of defect is applied to sale by tender in Omani law.

Legal nature of individual proceedings in cases of granting the right to marriage

2021 ◽  
pp. 88-93
Author(s):  
T.M. Balyuk
Keyword(s):  
Family Law ◽  
Adoptive Parent ◽  
Intangible Asset ◽  
Scientific Article ◽  
Adopted Child ◽  
Legitimate Interest ◽  
Civil Proceedings ◽  
Legal Nature ◽  
Specific Material ◽  
The Right

The scientific article is devoted to the study of the legal nature of separate proceedings in cases of granting the right to marry.It is established that a separate proceeding as a type of non-litigious civil proceedings is characterized by: 1) the absence of a dispute about the right, which, at the same time, does not exclude the existence of a dispute about the fact; 2) a special object of judicial protection – a legally protected (legitimate) interest, which is the needs and aspi-rations to use a specific material and (or) intangible asset, which may or may not be mediated by a certain subjective right. Protection of legally protected (legal) interest is carried out by the court by deciding on the presence or absence of legal facts relevant to the protection of rights, freedoms and interests of a person or creating conditions for the exercise of personal non-property or property rights or confirmation of the presence or absence of undisputed rights.It is determined that a separate proceeding in cases of granting the right to marry is a type of non-litigious civil proceedings for consideration of applications for confirmation of the presence or absence of legal facts that are im-portant for creating conditions for a person’s right to marry. It is substantiated that the legal nature of separate proceedings in cases of granting the right to marry is a set of substantive grounds for granting the right to marry and features of the procedural form of consideration by the court of relevant applications that mediate changes in family law. The court, establishing the presence or absence of legal facts, decides to grant a person the right to marry, thereby expanding the family law capacity of such a person due to the ability to exercise the right to marry before reaching marriageable age or marry between the adopter’s adopted child and the adopted child, as well as between children who have been adopted by an adoptive parent.

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.

Formation of a Personal-Professional Position as the Basis of Technology Design Career Guidance Practices

2021 ◽  
pp. 64-73
Author(s):  
Valery Ilyich Tarlavsky ◽  
◽  
Marina Viktorovna Shakurova ◽  
Keyword(s):  
Career Guidance ◽  
Modern Society ◽  
Vocational Guidance ◽  
Self Determination ◽  
Theoretical Research ◽  
Family Identity ◽  
A Value ◽  
The Family ◽  
Professional Self ◽  
Research Analysis

The article considers the need for a broad view on the technologization of career guidance practices, the importance of which is increasing due to the spread of early professionalization in modern society. The purpose of the article is to identify and substantiate the semantic foundations for the technologization of vocational guidance practices, determined taking into account the process of forming a personal-professional position in the conditions of early professionalization. Research methodology: systemic personality-developing, subjective and technological approaches; methods of theoretical research (analysis, synthesis, generalization, analogy, interpretation, concretization). Attention is drawn to the essential features of personal-professional positioning, the focus is on the attitude to work, profession, personal and professional self-determination. Semantic supports for the design of vocational guidance technologies are identified and justified: the differentiating basis of the stage of life activity; immersion in accessible roles in the field of professional and labor activity and the formation of a value attitude to them; attention to work, the pattern of work of any profession, the formed attitude to work as a value; professional and labor traditions of the family, related features of family identity and family socio-professional trajectory; definition and implementation of personal and professional prospects; preservation and strengthening of personal-professional position.

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