scholarly journals Legal and Historical Prerequisites for the Transfer (Inheritance) of the Deceased Person Property to Public Legal Entities

2020 ◽  
pp. 125-137
Author(s):  
Maryna BORYSLAVSKA
Keyword(s):  
Public Law ◽  
Civil Code ◽  
The State ◽  
Private Law ◽  
Legal Capacity ◽  
Public And Private ◽  
Legal Personality ◽  
The Status ◽  
Legal Capability ◽  
Legal Entities

The article studies the peculiarities of participation in civil relations of such public legal entities as the state and the territorial community. It is established that according to part 2 of Article 2 of the Civil Code of Ukraine, along with legal persons of public law, they are assigned to subjects of public law. Full determination of the status of public entities in private law remains problematic. This is due to the dual status of these entities: as participants in public and private relations. It is stated that despite the fact that the State and territorial communities are primarily subjects of public law, they take part in civil relations, taking into account the signs of these relations defined in the Civil Code of Ukraine. The classification of public legal entities as special entities leads to their participation in civil relations through state authorities and other entities that are legal persons; representation of their interests by physical persons is not excluded. It is confirmed that the civil legal capability and legal capacity of public legal entities is reduced to the legal capacity of bodies acting in their interests. The acquisition of legal personality by public legal entities is carried out mainly in accordance with the norms of constitutional and administrative law. It is determined that the civil legal capacity of public legal entities is limited in scope. On the basis of the analysis of acts of legislation on inheritance of the Soviet and modern period, it is established that the current legislation provides for the maximum removal of public legal entities from the field of private law. This is manifested in hereditary relationships. Public law entities may acquire ownership of the property of the deceased if: 1) a will is drawn up in their favor; 2) if the property was not inherited by the heirs and by decision of the court is recognized as fictitious and becomes the property of the territorial community. It is confirmed that under Ukrainian law the transfer of fictitious property to communal property is not recognized as inheritance. Separately, it should be noted that before the entry into force of the Civil Code of Ukraine of 2003, fictitious property in Ukraine was inherited by the state, now by territorial communities.

scholarly journals Administrative Legal Entities of Private Legal Entities as a Status Component of the Legal Regulation Mechanism: Characteristics of Elem

2019 ◽  
pp. 91-95
Author(s):  
V.V. Sukhonos
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
Regulation Mechanism ◽  
Private Law ◽  
Legal Capacity ◽  
Legal Entity ◽  
Legal Personality ◽  
The Subject ◽  
Legal Entities

The article is devoted to administrative legal personality, which is part of the structure of the administrative-legal personality of private legal entities. At the same time, it is argued that, on their own, the rules of law cannot influence the behavior of their addressees, therefore the only instrument by which legal regulation is used to help ensure such influence is the mechanism of legal regulation within which the functions of law are implemented, and specific life situations are addressed. It is noted that, like any state mechanism, the mechanism of legal regulation consists of the relevant elements, namely: norms of law, legal relations, and acts of realization of rights and obligations. Thus, we can conclude that the disclosure of the features of the mechanism of legal regulation is possible only if a thorough study of its elements. Thus, each state that there is no language and there can be no legal regulation, which in its nature and nature is different from other types of regulation. It should also be remembered that, at its core, legal regulation is not material but is done through the consciousness and will of the people. It is perfect. However, any ideal process cannot occur without the participation of matter. Based on all the above, it can be stated that one of the constituent parts of the mechanism of legal regulation is legal relations. It should be remembered that public relations also have an internal structure to which the subject, object, and content relate. However, the absence of at least one of the elements of the relationship automatically complicates, or even precludes their very existence. The same rule applies to the mechanism of legal regulation. Thus, the study of each of the components of the mechanism of legal regulation has the same scientific significance and importance as the study of the mechanism itself. Therefore, if we conduct a study of administrative-legal personality, then it must take into account its place and the impact on legal regulation as a whole. Legal personality nowadays also exists in administrative law, although the very concept of “legal personality”, as a certain characteristic of a legal entity, originally originated in civil law. However, it should be remembered that the method of administrative law is significantly different from civil law, and therefore the use of civil law expertise in the field of legal personality should be used with extreme caution. In his desire to ensure state control and the possibility of applying state coercion, the legislator adapted the rules of public law to the construction of a legal entity of private law. On this basis, it should be noted that different types of legal entities under private law would have different levels of administrative capacity. That is why the legal capacity of legal persons under private law can be recognized as administrative law, both social and legal capacity, and the need to be the subject of administrative-legal relations. Keywords: administrative-legal personality, legal entity, private law, mechanism of legal regulation.

Preventive Duties under Private and Public Law scilicet spei permultum sed rei paulum

2020 ◽  
Vol 2 (103) ◽  
pp. 51-71
Author(s):  
Dariusz Fuchs
Keyword(s):  
Contract Law ◽  
Legal Aspects ◽  
Public Law ◽  
Civil Code ◽  
Insurance Contract ◽  
Private Law ◽  
Public And Private ◽  
Private And Public ◽  
European Insurance ◽  
The Relationship

The article aims at discussing preventive obligations incumbent on the insurer and other entities of the insurance relationship, in particular on the policyholder. The analysis takes into account comparative legal aspects, and therefore refers to the Principles of European Insurance Contract Law (PEICL). The author emphasizes the evolution of the provision of Article 826 of the Civil Code, which has changed his views on the scope of the preventive obligation under insurance contract. He points out the possible differences of interpretation as to the scope of the prevention as well as the issue of the insurer's reimbursement of costs due to its implementation by the policyholder. What is more, the relationship between public and private law standards has been presented, with a particular focus on Article 826 of the Civil Code. Finally, de lege ferenda conclusions have been presented.

scholarly journals International legal regulation of road transportation (features of the legal consciousness of legislators)

2018 ◽  
Vol 239 ◽  
pp. 03008
Author(s):  
R.B. Bryukhov ◽  
K.E. Kovalenko
Keyword(s):  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Natural Monopoly ◽  
Legal Consciousness ◽  
Private Law ◽  
International Agreement ◽  
Road Transportation ◽  
The Status

The contract of international carriage is a special type of foreign economic transactions. The specificity of this agreement is due to the peculiarities of transport as a natural monopoly of the state. The contract of international carriage includes public law (determination of the status of the transport environment) and private law (direct organization of the carriage itself) aspects. International carriage is the carriage of goods and passengers between two or more states in accordance with the terms of an international agreement concluded between them.

scholarly journals Current Aspects of Legal Personality in the Framework of Mega-Science Projects

Lex Russica ◽  
2020 ◽  
pp. 137-145
Author(s):  
E. N. Gorlova
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Common Interest ◽  
Public And Private ◽  
Legal Personality ◽  
Science Projects ◽  
Role Of The State ◽  
Management Contract ◽  
Scientific Collaborations ◽  
Legal Entities

The paper deals with the rights and obligations of participants of mega-science projects in relation to individual projects that are being implemented or are being prepared for implementation. Particular attention is given to the role of the state in organizing the work of unique scientific installations of the mega-science class and the interaction of various subjects of scientific collaborations. It is proved that in the process of scientific collaborations functioning various aspects of the personality of the collaborations themselves become up to date. Their individual elements, in particular the freedom of entry into mega-science projects and legal confirmation of the rights and duties of subjects, the combination of public and private interests when performing activities within the framework of scientific collaborations become of importance as well. Currently, states participate in mega-science projects through the transfer of significant public powers to specially established non-profit organizations — state corporations, as well as through the establishment of international intergovernmental research organizations with the rights of legal entities. The legal personality of public and private subjects of mega-science projects, which is formed by a regulatory act or contract, indicates a strict framework for proper and possible behavior and creates the need to use coordination tools based on the principles of reciprocity and common interests of participants. The paper examines the practice of legal regulation of interaction between the state and private entities when creating mega-science projects in Brazil, where legal entities responsible for the creation of the project are recognized by law as a subject with public responsibilities, and are subject to state authorities on the basis of the so-called management contract. The parties to such agreements do not have opposite interests, their interests coincide and are aimed at achieving public goals. Through these agreements, different entities structure their obligations and rights in the common interest and benefit from each other, provided that they effectively perform the actions stipulated in the agreement. The organization that has concluded such a contract is obliged to properly perform the tasks assigned to it. To the extent that it performs these actions properly, it will have the right to demand that the state perform its respective duties. Therefore, the management contract allows changing the structure of legal personality not only of individuals, but also of the state.

Юридичні особи публічного права за цивільним законодавством України

2017 ◽  
Vol 70 (0) ◽  
pp. 0-0
Author(s):  
Włodzimierz Zubar
Keyword(s):  
Public Law ◽  
Civil Code ◽  
Private Law ◽  
Characteristic Features ◽  
Selection Of ◽  
Legal Entities

The article studies the characteristic features of legal entities of public law in accordance with the Civil Code of Ukraine. Comparative characteristics of legal entities of public law and private law is carried out. Criteria of differentiation of these two types of legal entities are distinguished. In addition, the arguments of authors who deny the need for selection of legal entities of public law as an independent participant of civil legal relations are considered and assessed.

scholarly journals Status jednotlivce ve správním právu

AUC IURIDICA ◽  
2021 ◽  
Vol 67 (4) ◽  
pp. 11-30
Author(s):  
Helena Prášková
Keyword(s):  
Public Administration ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Capacity ◽  
Legal Personality ◽  
The Status ◽  
Legal Position ◽  
Legal Entities

The article deals with the status of natural and legal persons, who are as the addressees of public administration one of the subjects of administrative-law relationship. In the introduction, the legal position (status) of a person is generally described. The following chapters then progressively examine legal personality, legal capacity, delictual liability, capacity to be party to proceedings and procedural capacity; that is capacity of individuals as well as legal entities. They focus on specificities of these types of capacity in the area of administrative law, on their legal regulation and on possible interpretation and application issues.

Trust the State: the relevance of principles of public law in trust law and practice

2019 ◽  
Vol 25 (8) ◽  
pp. 841-848
Author(s):  
Toby Graham ◽  
Thomas Beasley
Keyword(s):  
Decision Making ◽  
Common Ground ◽  
Public Law ◽  
The State ◽  
Decision Makers ◽  
Private Law ◽  
Public And Private ◽  
Natural Justice ◽  
The Law ◽  
Trust Law

Abstract Lord Walker, in Futter and Pitt v HMRC1, noted that there are “superficial similarities between what the law requires of trustees in their decision-making and what it requires of decision-makers in the field of public law.” We examine these similarities under the following headings: (1) natural justice; (2) the application of Wednesbury unreasonableness to trust law (an area in which there is far more common ground between public and private law than natural justice); and (3) the decision in Braganza v BP Shipping Limited2 and how this has been subsequently applied. We suggest that the similarities go beyond merely superficial and that public law principles are having an inexorable impact on trust law and practice.

scholarly journals Signs of a Legal Entity of Public Law under the Legislation of Ukraine

2021 ◽  
Vol 39 (69) ◽  
pp. 386-394
Author(s):  
V. F. Poddubnaya ◽  
A. M. Yevkov ◽  
Yu. M. Filonova
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Capacity ◽  
Legal Entity ◽  
Legal Method ◽  
The Status ◽  
Separate Property ◽  
Cis Countries ◽  
Legal Entities

The article examines the legal status of legal entities of public law as participants in civil circulation. Both general and special research methods were used, which were determined by the purpose of the article, taking into account the object and subject of the research. To study the above-mentioned civil law relations in their interconnection and development, the dialectical method was used. The comparative legal method was used to analyze the world experience of legal regulation of the status of legal entities of public law in foreign legislation and the doctrine of law, in particular, in the legislation of the CIS countries. Results showed that legal entities of public law are organizations; as legal entities; have the characteristics of a legal entity: organizational unity, the presence of separate property, acting in circulation on their own behalf, independent civil liability. In addition to the general features of a legal entity, legal entities of public law also have special features that characterize them as participants in civil turnover. It was concluded that legal entities of public law are a type of legal entity, are created in the administrative order by the state and have targeted legal capacity.

scholarly journals Рeculiarities of legal regulation of tax authorities of public authorities in Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 331-339
Author(s):  
Elvira Sydorova
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Fundamental Rights ◽  
General Tendency ◽  
Legal Capacity ◽  
Public Authorities ◽  
Specific Content ◽  
Legal Personality

The article reveals the features of the characteristics of public authorities as subjects of tax relations in Ukraine. It is emphasized that legal personality as a legal nature determines the elemental composition of the tax legal personality of the state and necessarily has three elements - its legal capacity, legal capacity and tort. The latter is a necessary component of the tax legal personality of the state. Taxpayers also have the right to demand from the state certain behavior and apply to the competent authorities (European Court of Human Rights) to apply to the state tax liability measures together with the renewal of their fundamental rights and legitimate interests guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms. The study identified the relationship between such concepts as «mechanism of the state» and «state apparatus». The consistent transition from the general to the individual allowed to reveal the internal organizational structure of the system of public authorities as holders of tax powers and to outline the various grounds for their classification. This made it possible to distinguish in this system groups of bodies (a) of general competence, (b) special competence with part of the functions in the field of taxation, (c) special tax competence. The special position of the Verkhovna Rada of Ukraine in the tax sphere is also emphasized and the general tendency to a gradual increase in the scope of tax powers of representative bodies of local self-government is revealed. A distinction was made from related concepts in the field of public law regulation - legal personality, subject matter, jurisdiction, management functions. The tax competence of public authorities becomes a specific manifestation of the category of «competence» as a public law phenomenon, being a mandatory attribute of the tax legal personality of public authorities. In terms of content, tax competence consists of a set of legally established powers of the power entity, which act as functional levers of its actions in the plane of the subject of jurisdiction entrusted to it by the state in accordance with the objectives of tax regulation in the field of taxation. The tax powers of public authorities under these conditions are the specific content of the tax competence of the latter.

National Report for Mexico

2013 ◽  
Author(s):  
Carlos Sánchez-Mejorada y Velasco
Keyword(s):  
Constitutional Law ◽  
Common Law ◽  
Civil Law ◽  
Administrative Law ◽  
Public Law ◽  
The State ◽  
Profit Motive ◽  
Private Law ◽  
Commercial Law ◽  
The Status

In civil law systems, such as Mexico, a distinction is made between civil law (‘derecho civil’) and commercial law (‘derecho mercantil’), which can be confusing to persons unfamiliar with the system. As is the case in common law jurisdictions, law in civil law systems can be divided into public law and private law, the latter being those laws that govern relationships between and among private parties, regarding which the state functions more as a ‘supervisor’ or an ‘umpire’ than as an authority. Public law would include constitutional law, administrative law, etc. In turn, private law comprises civil law, ie those rules governing the status, rights, and obligations of the residents of the state as persons, their property, their estates, their obligations, and their contracts; and commercial law, those rules governing all acts of the residents of the state that have a profit motive, which in Mexico—as well as in other jurisdictions—are called ‘acts of commerce’ (‘actos de comercio’).

Sign in / Sign up

Export Citation Format

Share Document