scholarly journals Features of Legal Regulation of the Circulation Order of Gift Certificates

2019 ◽  
pp. 72-80
Author(s):  
Avak Vartanian
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Advance Payment ◽  
Foreign Countries ◽  
The Gift ◽  
The Usa ◽  
The Subject ◽  
The Republic ◽  
Gift Certificate

The article analyzes the novels of the legislation of the Republic of Belarus concerning the procedure for using gift certificates when selling goods (performance of works, rendering services). It has been done a comparative analysis of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus, Ukraine and some foreign countries (Canada, the USA). The author raises some problems concerning the use of a gift certificate in civil circulation. It is pointed out that there is uncertainty both in the theory of civil law and at the level of legislative regulation regarding the civil law nature of a gift certificate. It is noted that the analysis of the legislation in force in the Republic of Belarus allows us to define a gift certificate as a document certifying the property right (requirement) of its holder (bearer) to receive goods (works, services), and the amount of money contributed when purchasing a gift certificate, as advance payment (advance payment). At the same time, such an approach of the legislator is criticized due to the fact that there is a clear contradiction to the requirements of Art. 402 of the Civil Code of the Republic of Belarus, from the content of which it follows that the advance payment presupposes the existence of a contract in which the subject has been agreed, which is not typical of most gift certificates, due to the fact that they do not contain an indication of the subject of the contract. Having done the analysis of the civil legislation of Ukraine, the author makes a conclusion that there is application of the rules on a purchase agreement to gift certificates, the subject of which may be property rights in accordance with the Civil Code of Ukraine. The conclusion is made about the imperfection of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus and Ukraine, as well as about the complex legal nature of the gift certificate, regarding which legal regulation should be more universal, defining a gift certificate as an independent object of civil legal relationship.

Recodification of the Civil Code of Ukraine and modernisation of the Civil Code of the Republic of Kazakhstan: A comparative analysis of the main ideas

2021 ◽  
Vol 28 (4) ◽  
pp. 190-199
Author(s):  
Nataliia S. Kuznietsova ◽  
Maidan K. Suleimenov ◽  
Farkhad S. Karagusov
Keyword(s):  
System Analysis ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Current State ◽  
Clear Guideline ◽  
The Republic ◽  
Civil Codes ◽  
Historical Comparative ◽  
Main Ideas

Systematic updating of the civil legislation of Ukraine and modernisation of the civil legislation of the Republic of Kazakhstan are time-consuming tasks as evidenced by the analysis of changes that were made to the civil codes of Ukraine and the Republic of Kazakhstan and their law enforcement practice. Work on updating civil legislation requires an assessment of the current state and prospects of socio-economic development of Ukrainian society and the state, in particular the development of such an important component as the national legal system, which is presented in the concept of updating the Civil Code of Ukraine. It is crucial that the main areas of the concept orient the development of civil law in Ukraine, considering the current experience of recodification of civil codes of other states within the continental legal family. Considering that civil legislation is also being modernised in the Republic of Kazakhstan, the purpose of this study is to compare the main ideas of recodification of the Civil Code of Ukraine and modernisation of the Civil Code of the Republic of Kazakhstan to establish a systematic approach and a unified concept for the development of civil law and form a clear guideline for the improvement of civil legislation. The study analyses the areas of updating the civil legislation of Ukraine and the Republic of Kazakhstan based on both general (historical, comparative, system analysis) and special (specific-sociological, formal legal, legal-technical, etc.) methods. One of the most reasonable ways to ensure continuity of legal regulation of civil relations and ensure the modernisation of the legal basis for the development of the sphere of social and legal relations in the long term is the approach that should preserve all the achievements of existing civil codes, considering modern European approaches and the specific features of civil and business turnover

scholarly journals The Features of the Content and Subject Composition of Settlement Agreements in Cases of Invalidity of Transactions

2020 ◽  
Vol 17 (3) ◽  
pp. 310-319
Author(s):  
Valeriya Goncharova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
Civil Code ◽  
Point Of View ◽  
Relevant Category ◽  
Settlement Agreements ◽  
The Subject ◽  
The Russian Federation

Settlement agreements in civil and arbitration proceedings are one of the most convenient and effective ways to resolve disputes arising between participants in civil legal relations. At the same time, within the framework of some civil disputes, the content of settlement agreements has significant specificity, and sometimes – due to the peculiarities of the subject composition and the merits of the case – they cannot be applied at all for the purpose of reconciling the parties. An example of such disputes are cases related to the recognition of the transaction as invalid and the application of the consequences of the invalidity of the transaction, the legal regulation of which is unique. The economic reasons for the invalidity of transactions predetermine the peculiarities of the content of settlement agreements in the relevant category of cases, limiting it exclusively to the procedure for fulfilling restorative obligations and obligations to compensate for losses. This circumstance is due to the fact that, from the point of view of the dynamics of civil legal relations, an invalid transaction introduces uncertainty in the ownership of property and the distribution of rights and obligations of the participants in legal relations, which can be eliminated only by restoring the situation that existed before the conclusion and execution of the transaction with a defect. The current civil law regulation in this part (Article 4311 of the Civil Code of the Russian Federation), which allows the conclusion of analogues of amicable agreements in cases of invalidity of transactions involving other, in addition to restitution, the consequences of the invalidity of transactions, in this regard, cannot be recognized as satisfactory. Contestation of the transaction by “another person specified in the law” (Article 166 of the Civil Code of the Russian Federation), as well as in the interests of third parties by specially authorized entities (procedural plaintiffs), the possibility of participation in a completed and executed transaction of public law entities determine the raising of questions about the possibility of concluding amicable agreements by these entities. It is noted that these subjects, as follows from the analysis of domestic civil, civil procedural, administrative and family legislation, being interested in resolving the case on recognizing the transaction as invalid and on the application of the consequences of its invalidity, do not participate in its execution, and therefore cannot determine the procedure for the fulfillment of obligations arising from it.

Problem aspects of mediation dispute resolution

2020 ◽  
pp. 215-233
Author(s):  
Saida Assanova ◽  
Serikkali Tynybekov ◽  
Arkhat Abikenov ◽  
Sarsengaly Aldashev ◽  
Gulyiya Mukaldyeva
Keyword(s):  
Dispute Resolution ◽  
Technical Progress ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Scientific Study ◽  
Foreign Countries ◽  
The Subject ◽  
Points Of View ◽  
The Republic

Legal features of dispute resolution in the order of mediation are of particular in-terest in connection with the relatively new and unexamined, from a scientific point of view, phenomenon of modernity, arising from increasing processes of globalization and internationalization of legal systems, as well as scientific and technical progress. This article is devoted to the scientific study of the international legal regulation of such phenomena as mediation on the example of the analysis of the legislation of foreign countries, and law of the Republic of Kazakhstan. This article presents various points of view of international and Kazakh scientists on the subject of dispute resolution in the mediation procedure. It was concluded that the mediation has a number of advantages, which satisfies the need of a person, society and the state to solve conflicts quickly and efficiently with minimal losses.

scholarly journals Romiešu sabiedrības līgums (societa) un romiešu tiesiskie principi mūsdienu Latvijas tiesībās

2015 ◽  
Vol 3 (3) ◽  
pp. 91-98
Author(s):  
Allars Apsītis
Keyword(s):  
Subject Matter ◽  
Civil Law ◽  
Legal Regulation ◽  
Roman Law ◽  
Legal Principles ◽  
Moral Principles ◽  
The Subject ◽  
The Republic ◽  
Partnership Agreement

Rakstā atspoguļoti autora veiktās romiešu tiesību pirmavotu, galvenokārt romiešu sabiedrības līguma (societa – lat. val.), tiesiskā regulējuma izpētes rezultāti par minētā regulējuma un modernās Latvijas likumdošanas aktu idejiskajām kopsakarībām. Tajā uzsvērta romiešu legālo principu ietekme uz tādu darījumu, kuru priekšmets ir neatļauta un nepieklājīga darbība ar reliģijai, likumiem vai labiem tikumiem pretēju mērķi, spēkā neesamības tiesiskajā reglamentācijā, kā arī uz Latvijas Republikas Civillikumā ietverto “maldības”, “viltus”, “nosacījumu”, “termiņu” un “tiesiska darījuma formas” koncepciju romiskajiem pamatiem. Latvijas pētnieki minēto tematiku šādā skatupunktā īpaši nav aplūkojuši, ar publikācijām latviešu valodā autoram saskarties nav nācies, tāpēc šis pētījums varētu dot ieguldījumu nacionālās tiesību zinātnes attīstībā. The article deals with the results of the author’s research performed on the original sources of the legal regulation of Roman Law, mainly, Roman partnership agreement (societa – Latin) in relation to the principles of interconnections between the above mentioned regulation and the legislative acts of modern Latvia. The influence of Roman legal principles in relation to the regulation of an impermissible or indecent action has been pointed out, the purpose of which is contrary to religion, laws or moral principles – it may not be the subject-matter of a lawful transaction; such a transaction is void; there have also been emphasised such concepts as “mistake”, “fraud”, “conditions”, “terms” and “form of lawful transaction”, which are based on the Roman Law and included into the Civil Law of the Republic of Latvia. Latvian researchers have not studied the above mentioned problems in relation to these aspects; the author has not found any publication in Latvian concerning these issues. Thus, the research might be a particular contribution to the development of national jurisprudence.

scholarly journals THE CONCEPT OF COMPETITIVE COMMITMENTS: CERTAIN ASPECTS OF CIVIL LAW REGULATION

2017 ◽  
Vol 21 (5) ◽  
pp. 158-163
Author(s):  
E. F. Tsokur ◽  
O. B. Novruzova
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Science Literature ◽  
Civil Regulation ◽  
First Case ◽  
Foreign Countries ◽  
Adequate Understanding ◽  
The Subject ◽  
The Russian Federation ◽  
The Many

The article is devoted to several aspects of civil regulation of the competitive obligation. High importance and poor practical readiness of the above problem determine the undoubted novelty of the work. Further attention to the issue of civil regulation of the competitive obligation need for more deep and reasonable permission of civil law actual problems. Competitive obligations represent one more type of obligations from unilateral actions. In them lines of obligations which in private law of foreign countries are called quasicontract are well shown. The contents of these obligations can cover those actions of contestants on a competitive task which are usually made by debtors within a number of civil contracts - the contract, an assignment, the commission and others. Commission by contestants of legal acts - creation of works of science, literature and art is not excluded. In the first case it is not about the actual commission by contestants of legally significant actions in favor of the subject who announced a competition, and about their readiness for legal holding liable of in exchange for observance of the conditions by the person who announced a competition. The holding of public contests again became wide spread occurrence in civil circulation. Thus comparison of the practice of holding public competitions with the provisions of the civil legislation shows that public contests in many cases are in conflict with the law. One of the many reasons is the imperfection of legal regulation and the absence of the organizer and participants adequate understanding of the requirements of the Civil code of the Russian Federation to hold a public competition and in this regard their full or partial disregard.

scholarly journals “THE PRINCIPLE OF GOOD FAITH IN CIVIL LAW”

2021 ◽  
Vol 58 (1) ◽  
pp. 4905-4912
Author(s):  
Mahsuda Tadjibayeva Rustamjonovna
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Practical Significance ◽  
Foreign Countries ◽  
The Republic

The article explores the essence of the principle of good faith in modern civil law, the doctrines in which this principle is reflected, the functions of the principle of good faith in civil law, the need for the concept of good faith in civil law and problems in the application of this principle in the Civil Code. To this end, the author discusses not only the expression of this principle in doctrines, but also the extent to which it has been studied in civil law in foreign countries, and the expression of the principle of good faith in the current Civil Code and the draft of the new Civil Code of Uzbekistan. In addition, a number of civil law relationships that have not been sufficiently explored have been studied, requiring the systematization of knowledge due to the different manifestations of the category of integrity, as well as the practical significance of this category in civil law relations. In this regard, this article Highlights the shortcomings of the principle of good faith in the current Civil Code of the Republic of Uzbekistan.

scholarly journals The Principle Of Good Faith In Civil Law

2021 ◽  
Vol 12 (4) ◽  
pp. 1062-1067
Author(s):  
Mahsuda Tadjibayeva Rustamjonovna
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Practical Significance ◽  
Foreign Countries ◽  
The Republic

The article explores the essence of the principle of good faith in modern civil law, the doctrines in which this principle is reflected, the functions of the principle of good faith in civil law, the need for the concept of good faith in civil law and problems in the application of this principle in the Civil Code. To this end, the author discusses not only the expression of this principle in doctrines, but also the extent to which it has been studied in civil law in foreign countries, and the expression of the principle of good faith in the current Civil Code and the draft of the new Civil Code of Uzbekistan. In addition, a number of civil law relationships that have not been sufficiently explored have been studied, requiring the systematization of knowledge due to the different manifestations of the category of integrity, as well as the practical significance of this category in civil law relations. In this regard, this article highlights the shortcomings of the principle of good faith in the current Civil Code of the Republic of Uzbekistan.

scholarly journals Granice cywilnoprawnego obowiązku zapobiegania szkodom grożącym wskutek ruchu zakładu górniczego — studium przypadku

2021 ◽  
pp. 1-17
Author(s):  
Ryszard Mikosz
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Critical Assessment ◽  
Plant Operations ◽  
Mining Law ◽  
The Subject ◽  
The Law ◽  
Theoretical Considerations ◽  
Mining Plant

The subject of the considerations contained in the article is the analysis of selected issues related to the legal regulation regarding the civil law obligation to prevent damage that may result from mining plant operations. It is about the regulations contained in the Act of June 9, 2011, Geological and Mining Law, and to a certain extent also in the Act of April 23, 1964, the Civil Code. This analysis includes not only theoretical considerations, but also refers to the practice of applying the law. It contains a discussion and a critical assessment of the Supreme Court’s judgment of February 20, 2018.

scholarly journals Temporary values in the paradigm of modernization of civil legislation.

2021 ◽  
Vol 3 (3) ◽  
pp. 148-153
Author(s):  
Viktor Makovii
Keyword(s):  
Civil Rights ◽  
Public Relations ◽  
Civil Law ◽  
Legal Protection ◽  
Decisive Role ◽  
Legal Regulation ◽  
Civil Code ◽  
Complex Nature ◽  
The Subject ◽  
The Stability

The article contains a study of the place of temporal quantities in the concept of updating the Civil Code of Ukraine in view of their legal nature, place and importance in the structure of the mechanism of legal regulation of civil relations. It is emphasized that time values play a decisive role in the legal regulation of public relations, which is the subject of civil law, as an integral part of the mechanism of their legal regulation, which provides temporal boundaries of certain civil rights and relevant civil obligations. It is noted that the proposed model of updating civil legislation partially reproduces the ways and means to introduce temporal elements into the structure of the mechanism of legal regulation of civil relations in view of the relevant legal institution. In fact, considerations have been proposed to improve the provisions of this concept both in terms of general provisions on terms and deadlines under the Civil Code of Ukraine, and within individual legal institutions. In particular, it is proposed to: standardize the nature of the statute of limitations in accordance with international experience and the essence of this category; to determine the peculiarities of the course of this type of term (beginning, end, grounds for interruption and suspension); taking into account the experience of European legislation to single out the statute of limitations as a kind of socio-legal category of a complex nature in the field of application, where to normalize its varieties and the ratio of the latter; to streamline the normative basis of the acquisitive prescription, where, taking into account the experience of judicial practice and the legislation of other countries, to ensure the full realization of the purpose of its introduction into the domestic legal field. With regard to the special provisions of civil law in terms of temporal values, there are proposals that should ensure the implementation of the above purpose of time, as a socio-legal category that will be the subject of further research. In particular, attention is paid to the prospect of improving the place of time values in the mechanism of legal regulation of personal non-property rights of individuals and legal entities, hereditary relations, where these legal categories should ensure the stability of civil turnover and create an optimal model of legal protection of rights and legitimate interests of participants.

scholarly journals Inheritance Problems of Domen's Names

2019 ◽  
Vol 8 (4) ◽  
pp. 7727-7730
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Legal Issues ◽  
Creative Activity ◽  
Domain Name ◽  
Global Trends ◽  
Domain Names ◽  
Foreign Countries ◽  
The Republic ◽  
Special Rules

This article is devoted to the problem of legal issues which inherit the intellectual rights of a domain name administrator in the modern Republic of Uzbekistan from the perspective of global trends. Due to the special nature of intellectual rights to the results of creative activity and objects equated to them, there are some features of their transition in the order of inheritance, as well as registration of the rights of heirs, which are not reflected in the norms of the Civil Code of the Republic of Uzbekistan Moreover, inheritance of administrator rights as domain names as a means of individualization is not regulated at all. Civil law of the Republic of Uzbekistan is devoted to the detailed regulation of general provisions on inheritance, grounds for inheritance, acquisition of inheritance, as well as inheritance of certain types of property. Special rules on the inheritance of administrator rights domain names are not included in the relevant chapters of the fifth section of the Civil Code of the Republic of Uzbekistan, and are not governed by other normative legal acts adopted in accordance with it. In this article, we have analyzed the legislation of foreign countries and the scientific research on inheritance in domain names. The possibility of inheritance of rights to domain names is analyzed and proposals are developed according to the legislation of the Republic of Uzbekistan.

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