scholarly journals The contract of the management of apartment building as a legal fact and a binding legal relationship

2020 ◽  
pp. 304-308
Author(s):  
Liudmyla Yakovlieva
Keyword(s):  
Common Property ◽  
Civil Law ◽  
Material Object ◽  
Apartment Building ◽  
Adjacent Territory ◽  
Legal Relationship ◽  
The Subject ◽  
Characteristic Features ◽  
Legal Fact ◽  
Legal Consequences

The article focuses on the important role of the contract as a regulator of relations for the management of an apartment building.It is established that the value of the contract of the management of apartment building as a transaction is that its conclusion by a singlewill of the parties, first, indicates the onset of legal consequences in the form of a simultaneous legal relationship between its parties,and secondly, expresses the focus of joint action of the parties to achieve the desired results and, as a consequence, giving the partiesto the contract mutual rights and obligations in the field of apartment building management.During considering the concept of the contract of the management of apartment building, we should not only proceed from itslegal nature, which reveals the essence of the contract as a legal fact that generates certain legal consequences, but also take into accountits essence as an obligation due to the conclusion of this contract. Accordingly, the specifics of the subject of legal relations from thecontract of management of an apartment building is primarily that one of the parties to the contract is a specialized subject of civil law –an individual-entrepreneur or legal entity-entrepreneur, which under the agreement with co-owners provides proper maintenance andrepair of common property of an apartment building and adjacent territory and proper living conditions and household needs.In the context of the study of the contract of the management of apartment building regarding the object of obligatory legal relationsmediated by it, it is established in view of its legal name that its object is apartment building management services. The subjectof the contract of the management of apartment building is proposed to be understood as a set of legal and factual actions that shouldbe taken to achieve the purpose of the contract. It follows that the subject of the contract under study is the activities of the manager toprovide services for the management of an apartment building (or in general – the management of an apartment building); in this case,the apartment building, including indoor premises and adjacent territory, should be perceived as a material object of the contract understudy and the subject composition.Separately within the limits of the article the basic characteristic features of the contract of management of the apartment houseare allocated, among which: 1) civil-law nature of relations on management of the apartment building; 2) the specificity of the subjectcomposition of the contract; 3) the dual legal and material nature of the object of binding legal relations; 4) a special subject of the stu -died contract.

CIVIL-LAW SET-OFF AND SET-OFF MADE WHEN THE COURT SATISFIES COUNTERCLAIMS AND INITIAL CLAIMS: THEORETICAL REFLECTIONS ON THE SIMILARITIES AND DIFFERENCES OF LEGAL INSTITUTIONS (continuation)

2021 ◽  
Vol 11 (2) ◽  
pp. 26-49
Author(s):  
D.B. ABUSHENKO
Keyword(s):  
Civil Law ◽  
The Other ◽  
Legal Institutions ◽  
Legal Relationship ◽  
Quantitative Characteristics ◽  
The Subject ◽  
Similarities And Differences ◽  
Judicial Recognition ◽  
Legal Consequences ◽  
Recognition Of Another

In the article, the author continues to distinguish between the civil-legal set-off and the set-off made when the court satisfies the counterclaim and initial claims. As a criterion, recognition is taken as an act of will, coming respectively from the compensator (the person to whom the statement of set-off is addressed) and the defendant in the counterclaim. Judicial and non-judicial confessions are analyzed. With regard to judicial recognition, the conclusion is justified that, depending on the type of process and the existence of rules on mandatory professional judicial representation, it will be either ordinary evidence or a basis for exemption from proof, and in some cases also entail certain substantive consequences. Individual cases of so-called qualified recognition are considered (discrepancy in quantitative characteristics; discrepancy in relation to the subject or object of the legal relationship; recognition of another legal relationship; notification to the court of two or more facts, some of which correspond to the interests of the procedural opponent, and the other part – to the interests of the recognizer; discrepancy in the qualification of legal consequences; recognition of the fact of termination of claims with the reservation that they were subsequently restored on the basis of the realized secondary right).

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 Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 441
Author(s):  
Indah Esti Cahyani ◽  
Aryani Witasari
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Freedom Of Contract ◽  
Related Statement ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.

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. 

scholarly journals THEORETICAL AND LEGAL ASPECT OF THE FORMATION OF THE INSTITUTE OF ACCESSORY OBLIGATIONS.

2021 ◽  
Vol 2 (67) ◽  
pp. 68-72
Author(s):  
R. Truhan ◽  
S Nadtochij
Keyword(s):  
Legal Aspect ◽  
Civil Law ◽  
Roman Law ◽  
Soviet Period ◽  
Legal Doctrine ◽  
Stage Of Development ◽  
Legal Relationship ◽  
Characteristic Features ◽  
Definition Of ◽  
Further Development

The subject of the article is the study of the theoretical and legal aspect of the development of the institution of accessory obligations. The genesis of the category of "accessory" in Roman law is considered, where the formula of the ancients is derived: the validity of the accessory legal relationship is predetermined by the reality of the basic legal relationship, and was quite simple and concise, there is no basic obligation - no additional one. The evolution of "accessory" in domestic civil law is revealed, which consists in the following: in pre-revolutionary civil law, the theory of security deviated from accessory for the sake of convenience for the circulation of security obligations; in the Soviet period, the identification of the terms "security" and "accessory" obligation took root in the scientific circulation; and at the present stage of development of the theory of accessory in Russian civil law, the concept of "accessory" is identified with a security obligation.The author comes to the conclusion about the multidimensionality of the category of "accessory", which consists in the fact that in the course of the development of law, the understanding of accessory obligations has undergone significant changes, going from the perception of accessory as a kind of obligation that ensures the return of debt and the transfer of "belonging" to the goods sold, to its identification with security obligations in general. Gradually, in the legal doctrine, the opinion was fixed that different types of obligations have the property of accessory, and each of them has its own characteristic features and has its own specifics. According to the authors of the article, the further development of the civilistic doctrine of the accessory of obligations will contribute to the final consolidation of the definition of "accessory" within the framework of Russian civil law.

scholarly journals THE ROLE AND SIGNIFICANCE OF LEGAL FACTS IN REGULATING THE LEGAL CONSEQUENCES OF ANTI-COMPETITIVE ACTIONS

2020 ◽  
pp. 169-174
Author(s):  
M. A. Yegorova
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Private Law ◽  
Non Profit ◽  
The Third ◽  
The Subject ◽  
Commercial Organizations ◽  
Competitive Actions ◽  
Legal Consequences ◽  
Law Regulation

The article analyzes the role and significance of legal facts in regulating the legal consequences of anti-competitive actions. The main types of private law consequences are distinguished, which are divided into three groups. The first group includes the most characteristic of the subject of civil law regulation of property effects, the second group, special methods of protection of civil rights, which can be described as organizational and restorative the legal consequences, the third group ,the antitrust compulsory liquidation and reorganization of legal persons, the basis for which implementation is the systematic implementation of monopolistic activity by commercial organizations and non-profit organizations engaged in activities that bring them income

On the Ratio of Decisions, Deals and Consents

2021 ◽  
pp. 41-47
Author(s):  
Zarubin A. V. ◽  
Keyword(s):  
Civil Rights ◽  
Theoretical Basis ◽  
Comparative Method ◽  
Civil Law ◽  
Distinctive Features ◽  
Positive Law ◽  
The Will ◽  
Adoption Decisions ◽  
Legal Fact ◽  
Legal Consequences

Introduction. Сivil legislation has been supplemented with norms regulating relations regarding the adoption of decisions by civil law communities, which are the reason for the emergence of civil rights and obligations. Nevertheless, there is still uncertainty in science about whether decisions can be considered independent legal facts or whether they are a kind of transactions or consents. Theoretical Basis. Methods. The article is based on an analysis of the norms of positive law, primarily – Civil Code of Russian Federation. Using the comparative method, common and distinctive features of decision, transaction and consent institutions are identified. The method of classification and systematization is used to describe them. Results. As a result, the author comes to the conclusion about the different nature of the studied institutions. The will of the party to the transaction is aimed at generating legal consequences for themselves personally. These consequences occur as a result of the transaction. A member of the community, giving his vote, forms a decision that will have consequences not for him personally. In addition, the vote may end with a decision that the community member did not expect. The will of the party to the transaction is absolute. The party itself determines whether to enter into a relationship or not, what the terms of the transaction will be, and so on. At the same time, the will of the participant in determining the final type of decision is very limited. As a rule, voting is carried out on pre-defined questions, and the answer to them is limited to the answers «yes» or «no». Common to transactions and decisions is the possibility provided for by law of calling them invalid. However, both the grounds and consequences of invalidity differ. Unlike transactions, decisions are not subject to convalidation, but their flaws can be corrected by repeated adoption. Decisions also differ from consents. The consents is aimed only at transactions, whereas the decisions have a much greater field of action, including the transaction. Consent – are acts of attached will and the decisions – are act of the consolidated will. Discussion and Conclusion. The decision is a special and independent legal fact, which differs from transactions and consents in its subject composition, the nature of the expressed will and its direction, as well as the consequences of invalidity and the possibility of healing.

REDEMPTION AS A LEGAL FACT IN CIVIL LAW

2021 ◽  
pp. 184-190
Author(s):  
Anatoly Ya. Ryzhenkov ◽  
Keyword(s):  
Cultural Values ◽  
Civil Law ◽  
Fundamental Principle ◽  
Third Party ◽  
Freedom Of Contract ◽  
Legal Relation ◽  
Legal Relationship ◽  
Definition Of ◽  
Legal Fact ◽  
The Right

The article is devoted to the problem of redemption as a legal fact. In its external form and in its legal consequences, it represents a paid transfer of ownership of a thing and thus primarily resembles a contract of sale, so that it could be considered as a special case of it. However, at the doctrinal level, there is a completely different picture, where the redemption under its civil law regime is not only not identified with the purchase and sale, but sometimes does not even receive unambiguous recognition as a transaction. It is noted that the comparison of various options for redemption, enshrined in the norms of civil law, allows us to identify one common feature for them: in all cases, the decision to transfer ownership or to terminate the obligation (as in the case of an annuity contract) is made not by mutual will, but unilaterally. At the same time, the transfer of the right or the termination of the legal relationship in all cases is carried out on a strictly reimbursable basis. The universal property of redemption is precisely the legal effect, the emergence of a new legal relationship is only optional. Therefore, it is possible to formulate the definition of re-demption as a paid termination of a real or binding legal relationship at the request of one of the parties or a third party. In determining the redemption price, the agreement of the parties one of them is obliged to pay the agreed amount and the right to appropriate the thing from another – an obligation to provide the item and receive the agreed amount. Thus, the relation-ship of the participants in the buyout fits the description of the obligation. Moreover, the existence of an agreement between the parties indicates that this obligation is of a contractual nature. In the case of a buyout, such an integral element of the freedom of contract as the ability to decide at its own discretion whether to enter into this contract or not to enter into it is not maintained. More precisely, only one of the parties to the contract, namely the initiator of the purchase, is entitled to such a right, and this violates another fundamental principle of civil law – the equality of the participants in the legal relationship. The overall buyout model is a complex factual composition and includes the following elements: 1) the Base purchase (for example, abandoned the maintenance of cultural values, the mistreatment of animals, disagreeing with the decision of the shareholders meeting, etc); 2) treatment with the ransom demand, the transaction; 3) determination of the redemption price of: a) by agreement – a contractual obligation; b) court – ordered non-contractual obli-gation; 4) Payment of the purchase price (optional characterized proprietary and joint rela-tions, is the transfer of property to the payer; 5) Termination of a pre-existing legal relation-ship (with or without a new one).

The problem of pecuniary nature of relation ships, included in the subject matter of civil law

10.12737/5577 ◽  
2014 ◽  
Vol 2 (2) ◽  
pp. 58-67
Author(s):  
Валентина Рузанова ◽  
Valentina Ruzanova
Keyword(s):  
Civil Rights ◽  
Subject Matter ◽  
Civil Law ◽  
Classification Criterion ◽  
Legal Relationship ◽  
The Subject ◽  
First Time

The article is dedicated to revealing the essence of pecuniary relationships as part of the subject matter of civil law. Based on the analysis of existing doctrinal approaches the author ascertains attributes of these relationships and formulates their definition. The author reveals connection of civil legal relationship (subjective civil rights) with the subject matter of civil law, and for the first time in the literature it is concluded that they have common classification criterion. In the text the main groups of pecuniary relations regulated by different subbranches and institutes of civil law are determined. It is noted that civil forms of expression of pecuniary relationships are diverse.

Zdolność sądowa podmiotów ogólnego prawa cywilnego materialnego

2018 ◽  
Vol 75 ◽  
pp. 131-166
Author(s):  
Robert Obrębski
Keyword(s):  
Civil Law ◽  
Legal Capacity ◽  
Valid Trial ◽  
Legal Relationship ◽  
Civil Proceedings ◽  
The Status ◽  
Judicial Proceedings ◽  
The Subject ◽  
Substantive Law ◽  
Subjective Rights

Judicial capacity consists in the transposing of substantive law subjectivity to proceedings under civil law in a form allowing valid proceedings closing with a judgment, said proceedings involving the participation of a specific entity. A party without capacity for the status of specific subjective rights or legal relationship cannot expect to participate in a valid trial closing with a judgment. Three categories of entities with general legal capacity – private individuals (natural persons), legal persons, and organisational units as stipulated by provisions of Article 64 §11 of the Civil Proceedings Code – have been equipped with judicial capacity, as they can be party to legal relations constituting the subject of action. The participation of such entities in proceedings under civil law – while potentially concerning any case – shall only apply to cases under civil law wherein entities as duly indicated act to protect their legal circumstances associated with events potentially occurring prior to the commencement of judicial proceedings. They should only appear as parties in civil cases involving their activities on their own behalf and to their own benefit.

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