scholarly journals TO THE QUESTION OF THE NEED TO INTRODUCE A SYSTEMATIC APPROACH TO THE CONSIDERATION OF CASES ON AMENDMENT OR TERMINATION OF CIVIL LAW CONTRACTS

Author(s):  
N. A. Ablyatipova ◽  
E. A. Ashurova

For the Russian reality, the stability and stability of the execution of transactions and obligations in the context of frequent and unpredictable changes in the external environment is becoming an increasingly important component of economic and legal relations. Modern civil legislation, on the one hand, guarantees the stability of existing legal relations, on the other, allows for the modification and termination of contracts both at the mutual desire of the parties, and in connection with the will of the other party, if it is granted such a right. The third option is a way to change or terminate the contract in court. However, at present, there are many subjective and objective circumstances that are not provided for by the parties when concluding the contract, which make it difficult or even impossible to continue performing obligations under it while maintaining the conditions that were originally laid down in it. Not always resolving of such situations envisaged by the legislator, but because there are situations when the parties relations are further complicated by the inability to quickly and effectively solve the current conflict, especially if parties are business entities and any delay can lead to significant financial costs not only of the parties of legal relations, but also third parties whose rights are directly or indirectly affected.

2020 ◽  
Vol 12 ◽  
pp. 37-41
Author(s):  
Georgiy A. Efimov ◽  

The article is devoted to the problem of correlation, on the one hand, mobility, on the other hand, the stability of the powers of the authorities and public-territorial entities. The author argues that the excessive flexibility of constitutional legislation in this area can call into question one of the fundamental principles of constitutionalism, which consists in the need for sustainable autonomy of public-territorial units. Powers can be redistributed from the center to the periphery and in the opposite direction in a variety of combinations. At the same time, it is important that this movement does not lead to the absolutization of the central government, blocking of political and territorial autonomy, exclusion of the subjects of the Russian Federation and municipalities from social and political life, their transformation into some kind of “driving belts” of the will of the central authorities without taking into account the needs and interests of citizens, living in the respective territories.


2007 ◽  
Vol 66 (1) ◽  
pp. 45-63
Author(s):  
Luc Vandeweyer

In deze bronnenpublicatie ontleedt Luc Vandeweyer de parlementaire loopbaan van de geneesheer-politicus Alfons Van de Perre: hoe hij in 1912 feitelijk  tegen wil en dank  volksvertegenwoordiger werd, zich anderzijds blijkbaar naar behoren kweet van zijn taak en tijdens de eerste verkiezingen na de Eerste Wereldoorlog (1919) zijn mandaat hernieuwd zag maar meteen daarop ontslag nam. Volgens de bekende historiografische lezing was de abdicatie van de progressieve politicus een daad van zelfverloochening die enerzijds werd ingegeven door gezondheidsmotieven en  anderzijds was geïnspireerd door de wil om de eenheid binnen de katholieke partij te herstellen. De auteur komt op basis van nieuw en onontgonnen bronnenmateriaal tot de vaststelling dat Van de Perres spontane beslissing tot ontslag in de eerste plaats een strategische keuze was: in het parlement, waar hij zich overigens niet erg in zijn schik voelde, kon hij minder invloed uitoefenen op de Vlaamse beweging dan via de talrijke engagementen waarvoor hij voortaan de handen vrij had. Eén ervan was die van bestuurder én publicist bij het dagblad De Standaard.________Chronicle of the announcement of a resignation. Two remaekable letters by Alfons Van de Perre concerning his resignation as a Member of Parliament in 1919In this source publication Luc Vandeweyer analyses the parliamentary career of the physician-politician Alfons Van de Perre and he describes how Van de Perre became a Member of Parliament in 1912 actually against the grain, yet how he apparently did a good job carrying out his duties. During the first elections after the First World War (1919) Van de Perre found that his mandate was renewed, but he handed in his resignation immediately afterwards. According to the familiar historiographical interpretation the abdication of the progressive politician was an act of self-denial, which was prompted on the one hand by health reasons and on the other hand inspired by the will to restore unity within the Catholic political party. On the basis of new and so far unexplored source material the author concludes that the spontaneous decision by Van de Perres to hand in his resignation was above all a strategic choice: in the Parliament, which he did not much enjoy anyway, he could exert less influence on the Flemish movement than via his numerous commitments, which he was now free to take on. One of these was the post of director as well as political commentator of the newspaper De Standaard.


Author(s):  
Patrick Colm Hogan

The introduction first sets out some preliminary definitions of sex, sexuality, and gender. It then turns from the sexual part of Sexual Identities to the identity part. A great deal of confusion results from failing to distinguish between identity in the sense of a category with which one identifies (categorial identity) and identity in the sense of a set of patterns that characterize one’s cognition, emotion, and behavior (practical identity). The second section gives a brief summary of this difference. The third and fourth sections sketch the relation of the book to social constructionism and queer theory, on the one hand, and evolutionary-cognitive approaches to sex, sexuality, and gender, on the other. The fifth section outlines the value of literature in not only illustrating, but advancing a research program in sex, sexuality, and gender identity. Finally, the introduction provides an overview of the chapters in this volume.


2021 ◽  
Author(s):  
Rochelle Lieber

A lively introduction to morphology, this textbook is intended for undergraduates with relatively little background in linguistics. It shows students how to find and analyze morphological data and presents them with basic concepts and terminology concerning the mental lexicon, inflection, derivation, morphological typology, productivity, and the interfaces between morphology and syntax on the one hand and phonology on the other. By the end of the text students are ready to understand morphological theory and how to support or refute theoretical proposals. Providing data from a wide variety of languages, the text includes hands-on activities designed to encourage students to gather and analyse their own data. The third edition has been thoroughly updated with new examples and exercises. Chapter 2 now includes an updated detailed introduction to using linguistic corpora, and there is a new final chapter covering several current theoretical frameworks.


Author(s):  
V. Кroitor

The article studies the issue of scientific and practical validity of applying ethical principles of society as regulatory factors of civil law of Ukraine. Taking into account the lack of validity of ethical principles of society as regulatory factors, the author attempts to make a correlation between the content of such principles of civil law as fairness, integrity and reasonableness, on the one hand, and ethical principles of the society, on the other hand. The author of the paper proves that it is inappropriate to apply the provisions of morality as regulatory factors for the regulation of civil relations. The conclusion on the objection to the civil regularity of ethical principles of society is based on several theses. Firstly, moral rules are not formalized, which creates a threat of arbitrary interpretation of their content. Secondly, ethical principles do not have a definite source of origin. Thirdly, the fundamental ethical rules have already been taken into account in the content of the principles of fairness, integrity and reason, which in turn create competition between the two types of regulatory factors. Unreasonable duplication of regulatory requirements reduces the functionality of the law, complicates the perception of its requirements. The competition between the principles of law and the ethical principles of society must be eliminated by refusing to give the latter the function of regulatory factors. The author of the paper does not deny the possibility of taking into account the ethical principles of society while regulating the relations that have been neglected by the "official law".


2011 ◽  
Vol 16 (2) ◽  
pp. 175-190 ◽  
Author(s):  
Sorin Baiasu

AbstractThe interpretation of Kant's Critical philosophy as a version of traditional idealism has a long history. In spite of Kant's and his commentators’ various attempts to distinguish between traditional and transcendental idealism, his philosophy continues to be construed as committed (whether explicitly or implicitly and whether consistently or inconsistently) to various features usually associated with the traditional idealist project. As a result, most often, the accusation is that his Critical philosophy makes too strong metaphysical and epistemological claims.In his The Revolutionary Kant, Graham Bird engages in a systematic and thorough evaluation of the traditionalist interpretation, as part of perhaps the most comprehensive and compelling defence of a revolutionary reading of Kant's thought. In the third part of this special issue, the exchanges between, on the one hand, Graham Bird and, on the other, Gary Banham, Gordon Brittan, Manfred Kuehn, Adrian Moore and Kenneth Westphal focus on specific aspects of Bird's interpretation of Kant's first Critique. More exactly, the emphasis is on specific aspects of Bird's interpretation of the Introduction, Analytic of Principles and Transcendental Dialectic of Kant's first Critique.The second part of the special issue is devoted to discussions of particular topics in Bird's construal of the remaining significant parts of the first Critique, namely, of the Transcendental Aesthetic and the Analytic of Concepts. Written by Sorin Baiasu and Michelle Grier, these articles examine specific issues in these two remaining parts of the Critique, from the perspective of the debate between the traditionalist and revolutionary interpretation. The special issue begins with an Introduction by the guest co-editors. This provides a summary of the exchanges between Bird and his critics, with a particular focus on the debates stemming from the differences between traditional and revolutionary interpretations of Kant.


2011 ◽  
Vol 16 (2) ◽  
pp. 221-233 ◽  
Author(s):  
Manfred Kuehn

AbstractThe interpretation of Kant's Critical philosophy as a version of traditional idealism has a long history. In spite of Kant's and his commentators’ various attempts to distinguish between traditional and transcendental idealism, his philosophy continues to be construed as committed (whether explicitly or implicitly and whether consistently or inconsistently) to various features usually associated with the traditional idealist project. As a result, most often, the accusation is that his Critical philosophy makes too strong metaphysical and epistemological claims.In his The Revolutionary Kant, Graham Bird engages in a systematic and thorough evaluation of the traditionalist interpretation, as part of perhaps the most comprehensive and compelling defence of a revolutionary reading of Kant's thought. In the third part of this special issue, the exchanges between, on the one hand, Graham Bird and, on the other, Gary Banham, Gordon Brittan, Manfred Kuehn, Adrian Moore and Kenneth Westphal focus on specific aspects of Bird's interpretation of Kant's first Critique. More exactly, the emphasis is on specific aspects of Bird's interpretation of the Introduction, Analytic of Principles and Transcendental Dialectic of Kant's first Critique.The second part of the special issue is devoted to discussions of particular topics in Bird's construal of the remaining significant parts of the first Critique, namely, of the Transcendental Aesthetic and the Analytic of Concepts. Written by Sorin Baiasu and Michelle Grier, these articles examine specific issues in these two remaining parts of the Critique, from the perspective of the debate between the traditionalist and revolutionary interpretation. The special issue begins with an Introduction by the guest co-editors. This provides a summary of the exchanges between Bird and his critics, with a particular focus on the debates stemming from the differences between traditional and revolutionary interpretations of Kant.


Author(s):  
Victoria Yermilova ◽  
◽  
Natalia Stroiteleva ◽  
Zhanna Egorova ◽  
Ekaterina Vanina

Smoking and alcohol consumption is a growing trend among young people worldwide. The purpose of this study was to provide students with a comparative analysis of adherence to harmful habits (smoking and alcohol) on the one hand and the frequency of sports and academic performance on the other, taking into account gender differences. The research was conducted in 2019-2020 in 5 cities of Russia; the sample included 1500 people aged 18.4 ± 1.1 years, divided into three equal groups. The control (first) group had students who are not engaged in sports, and the second group comprised students practicing sports but not professionally. The third group was made up of student-athletes. All participants were surveyed to determine the frequency of adherence to harmful habits. In the control group, boys smoked 50% more often than girls (p ≤ 0.05), while in the third group, smoking among boys was registered 70 times less often (p ≤ 0.001). Alcohol consumption in controls was 0.5 times more likely among boys (p ≤ 0.05). Harmful habits affect young people's free time and reduce their academic performance and ability to practice sports.


Author(s):  
Emily Van Buskirk

This chapter undertakes a treatment of the rhetoric of personal pronouns in Ginzburg's writings on love and sexuality, drawing on Michael Lucey's study of the first person in twentieth-century French literature about love. It brings together questions of genre and narrative, on the one hand, and gender and sexuality, on the other. The chapter is divided into two sections, treating writings from two different periods on two kinds of love Ginzburg thought typical of intellectuals: in “First Love,” it discusses the unrequited and tragic love depicted in Ginzburg's teenage diaries (1920–23); in “Second Love,” it analyzes the love that is realized but in the end equally tragic, depicted in drafts related to Home and the World (1930s). The chapter examines the models the author sought in literary, psychological, and philosophical texts (Weininger, Kraft-Ebbing, Blok, Shklovsky, Oleinikov, Hemingway, and Proust).


1997 ◽  
Vol 9 (1) ◽  
pp. 1-18
Author(s):  
William R. Marty ◽  

John Hallowell's seminal study, originally published in 1943, treats modem Western thought since the Renaissance and the Reformation as, in its core, liberal, and its foundations as based on an uneasy synthesis of potentially warring elements: On the one hand, the primacy of the will as embodied in the autonomous individual; on the other, the ability of these autonomous wills to bind themselves together freely, by contract and consent, on the basis of their acknowledgment of transcendent moral truths discoverable by reason. Conscience, then, enabled independent wills to acknowledge and submit to justice as found by reason or revelation. But Hallowell described also the gradual decline in the confidence in reason to find transcendent truths, and the subsequent decline in the ability of autonomous individuals to find grounds for genuine community. Where will alone reigns, all standards collapse, and increasingly the arbiter between wills becomes force. Western civiltation, even as it approaches becoming world civilization, increasingly manifests symptoms of dissolution and an inability to provide the foundation for genuine communities.


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