scholarly journals TO THE QUESTION ABOUT CORRELATION OF ABUSE OF A RIGHT AND OBLIGATIONS FROM INJURY

2021 ◽  
Vol 7 (73) (1) ◽  
pp. 304-309
Author(s):  
E. V. Nekrasova
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Ancient Rome ◽  
History Of ◽  
The Law ◽  
Abuse Of Law

Abuse of law is an interesting and controversial category in the doctrine of civil law. The article notes that the history of this category originates in the law of ancient Rome, where the issues of abuse of law were considered by Roman lawyers in relation to specific cases. The grounds for classifying the abuse of a rights on various grounds are indicated. The article deals with the correlation between the categories of «abuse of a right» and obligations from injury, analyze the grounds of tort responsibility and responsibility for abuse of a right in various forms was carried out (actions bypassing the law with an illegal purpose, as well as other deliberately unfair exercise of civil rights). It was revealed that these categories are not identical and the rules on non-contractual liability in case of abuse of law begin to work in a subsidiary regime

Outposts of the Law: The Frontier and the Civil-Law Fringe

2019 ◽  
pp. 127-146
Author(s):  
Lawrence M. Friedman
Keyword(s):  
Civil Law ◽  
The State ◽  
American Frontier ◽  
Northwest Ordinance ◽  
Basic Law ◽  
The Future ◽  
History Of ◽  
The Law ◽  
New Nation

This chapter discusses the history of American frontier law. The new nation faced the problem of how to deal with the western lands. Some of the states had huge, vague, and vast claims to chunks of western land, stretching out far beyond the pale of settlement; other states did not. The Ordinance of 1787 dealt with the issue of governance and the future of the western lands. It set basic law for a huge area of forest and plain that became the states of Ohio, Indiana, Illinois, Michigan, and Wisconsin. The Ordinance of 1790 extended the influence of the Northwest Ordinance into what became the state of Tennessee.

scholarly journals Features of ancient Roman jurisprudence of the classical period and its place in the history of the state of Ancient Rome

2021 ◽  
pp. 4-14
Author(s):  
Vira Okorokova ◽  
◽  
Olena Koicheva ◽  
◽  
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Legal Protection ◽  
Ancient Rome ◽  
Legal Analysis ◽  
Mobile System ◽  
Traditional System ◽  
Imperial Rome ◽  
History Of ◽  
Political Conditions

The article is devoted to the study of Roman jurisprudence during its heyday. Scientific novelty is expressed in the analysis of legal innovations that were developed by such lawyers of this period as (Gaius (II century BC), Papinian (II–III centuries), Paul (II–III centuries), Ulpian (II–III century) аnd Modestin (II–III centuries). Despite the great importance of the works of these jurists, their study does not differ significantly from a number of studies. The article points to the continuity in the history of Roman jurisprudence, which is manifested in the gradual registration of jurisprudence in a separate field, which has its own needs and requirements for the activities of jurists, their training and more. Historical and legal analysis of the activities of these lawyers indicates a certain evolution of jurisprudence from the rigid traditional system of queer law to a more mobile system of civil law, which was adapted to the new socio-economic and political conditions of ancient Rome. Jurisprudence gradually in the conditions of imperial Rome is made out in separate legal institute that provides not only consultations on these or those transactions, but also legal protection. The authors draw attention to the fact that the activity of lawyers was the defining stage that laid the foundations for further transformation of the legal system, its reception in some Western European countries of subsequent historical epochs.

scholarly journals Registration Procedures In The Mechanism Of Water Bodies Transfer For Use Under Lease

2020 ◽  
pp. 89-100
Author(s):  
L.R. Miskevych
Keyword(s):  
Civil Rights ◽  
Natural Resources ◽  
Water Body ◽  
Civil Law ◽  
Scientific Article ◽  
Land Plot ◽  
The Status ◽  
The Law ◽  
State Registration ◽  
The Right

The scientific article is devoted to the study of problematic issues of acquiring the right to use water facilities under lease. It is noted that in the field of land, water, environmental relations, the water body and the land under it are separate objects, but in the field of property relations, which are governed by civil law, such objects are one whole both in the spectrum of regulation of property rights and contractual relations. However, the different sectoral affiliation of the water body and the corresponding land plot of the water fund inevitably affect the content of civil legal relations, supplementing the civil rights and obligations of the subjects of these legal relations with statutory requirements for the use of these natural resources. The significance of registration actions for the water body and the land plot of the water fund, which is transferred for use in the complex with the water body, is analyzed. The commission of such actions is aimed at establishing their identifying criteria and state recognition of these natural resources as objects of water and land relations, respectively. However, in the property turnover the public value is not the land plot of the water fund or the water object taken separately, but their tandem, which is perceived as an object of civil legal relations and, accordingly, the subject of the lease agreement. Given that the interests of the tenant are satisfied by the use of water space, the law states that the use of the contract provides a water body in a complex with a plot of land. However, such a legislative approach made it difficult to decide when the tenant acquired the right to use, as the law does not define a water body as property in respect of which the state registration of rights is carried out. Based on the analysis of the normatively established identifying criteria of a water body, it is concluded that the water body can be considered in the status of real estate in view of its legislative definition. Thus, when determining the moment of acquisition of the right to use water facilities under lease, it will be justified to apply the provisions of civil law. The novelty of the legislation is the priority of the land plot in the complex with which the water body is transferred and the automatic extension of the right to lease the land plot under the water body to such water body.

2 A Concise History of the Law of State Responsibility and Reparation in International Law

2011 ◽  
Author(s):  
Sabahi Borzu
Keyword(s):  
International Law ◽  
Civil Law ◽  
State Responsibility ◽  
Private Law ◽  
Human Thought ◽  
Diplomatic Protection ◽  
History Of ◽  
The Law ◽  
Civil Codes

The modern doctrines of State responsibility and reparation are the result of more than 2,000 years of human thought. This chapter traces the history of some of the most important components of State responsibility and reparation. The origins of these concepts are found in the historical roots of the civil law doctrines of extra-contractual liability and the remedy of restitutio in integrum, from Roman times until their entry into European civil codes. It explains how the private law notions discussed entered into international law and how, from the fusion of these notions and concepts with those supplied through the evolving doctrines of reprisals, denial of justice, and diplomatic protection, the modern doctrines of State responsibility and reparation were born.

We Shall Overcome: A History of Civil Rights and the Law (review)

2009 ◽  
Vol 50 (1) ◽  
pp. 135-136
Author(s):  
Mary Frances Berry
Keyword(s):  
Civil Rights ◽  
History Of ◽  
The Law

Floor and Apartment Ownership System A vision for a New Legislative Organization in Iraqi Law

2021 ◽  
Author(s):  
MOHAMMED JAFAR
Keyword(s):  
Civil Law ◽  
Arab Countries ◽  
Housing Crisis ◽  
Legislative Organization ◽  
Legislative History ◽  
The Real Estate ◽  
Common Ownership ◽  
History Of ◽  
The Common ◽  
The Law

The system of ownership of floors and apartments represents a developed form of the forms of class ownership. In addition to the old image that prevailed in the old laws of the ownership of classes, represented by the system of ownership of the top and bottom, it appeared in Europe as a result of the acute housing crisis in which the system of ownership of floors and apartments occurred. The law was adopted The Egyptian civil system adopted this system, and from it the majority of laws in Arab countries were taken. This advanced system of tiered ownership is based on dividing the vertical building into tiers or apartments owned by multiple persons, separate ownership and common ownership in the building structure, its land and all the common parts intended for the common use of the owners. Although the Iraqi civil law did not adopt the system of ownership of floors and apartments in its texts, the Iraqi legislator tried to fill this legislative deficiency in the Real Estate Registration Law No. (43) of 1971, and despite that, the system of ownership of floors and apartments remained unorganized and constituted completely in Iraqi legislation, The Iraqi legislator has made many attempts to fill this shortcoming, the most recent of which was his issuance of the Law Regulating Ownership of Floors and Apartments in Buildings No. (61) of 2000. However, the change that Iraq witnessed after 2003 made it necessary to reconsider the legislative regulation of the system of ownership of floors and apartments, from During the development of a new regulation in line with the investment laws and instructions in Iraq and in the Kurdistan Region of Iraq. We have divided our research into three demands. In the first requirement, we discussed the legislative history of the ownership system of floors and apartments in Iraqi law. In the second requirement, we discussed the legal systems applied in the ownership of classes. As for the third requirement, we devoted it to discussing ways to manage the common parts in the system of ownership of floors and apartments. . We concluded our research, with a conclusion in which we mentioned the most important conclusions, the most important of which is the distinction of the system of ownership of floors and apartments from the system of ownership of the top and bottom, and the multiplicity of Iraqi laws that dealt with this system by organizing without the existence of a comprehensive law for all its provisions applicable to all parts of Iraq, and we suggested finding a new legal organization in the Iraqi legislation , by regulating the substantive provisions of the system of ownership of floors and apartments in the Iraqi civil law, and the necessity of developing a special law dealing with the detailed provisions of this system.

Part II The Sources of the Law of State Immunity, 6 The Restrictive Doctrine of State Immunity: Its Recognition in State Practice

2015 ◽  
Author(s):  
Fox Hazel ◽  
Webb Philippa
Keyword(s):  
Civil Law ◽  
National Courts ◽  
State Immunity ◽  
The Us ◽  
State Practice ◽  
History Of ◽  
General Recognition ◽  
The Law ◽  
The Uk ◽  
International Law Commission

This chapter recalls the history of the law of State immunity through the decisions of the national courts in both common and civil law jurisdictions and recounts the general recognition in common and civil law jurisdictions of the restrictive doctrine as well as its adoption by national legislation in 1976 in the US (the Foreign Sovereign Immunities Act 1976 (FSIA)) and in 1978 in the UK (the State Immunity Act 1978 (SIA)) followed by similar legislation in some Commonwealths and other countries. The conclusion drawn from State practice in surveys conducted by the International Law Commission (ILC) and the Council of Europe is that there is wide and ever increasing support for a restrictive doctrine of immunity.

Sign in / Sign up

Export Citation Format

Share Document