REAL ESTATE AS A SUBJECT OF PLEDGE

2021 ◽  
Author(s):  
Татьяна Александровна Скворцова ◽  
Яна Валерьевна Кухмистрова
Keyword(s):  
Real Estate ◽  
Legal Analysis ◽  
The Subject ◽  
Definition Of ◽  
Exhaustive List

Цель настоящей статьи - проведение правового анализа понятия и сущности недвижимости как предмета залога. Для достижения указанной цели в статье рассматриваются различные подходы к определению понятия и выделению свойств недвижимости. В результате проведенного исследования авторы пришли к выводу о необходимости закрепления исчерпывающего перечня недвижимого имущества, которое может быть предметом ипотеки. The purpose of this article is to conduct a legal analysis of the concept and essence of real estate as a collateral. To achieve this goal, the article discusses various approaches to the definition of the concept and the allocation of real estate properties. As a result of the conducted research, the authors came to the conclusion that it is necessary to consolidate an exhaustive list of real estate that can be the subject of a mortgage.

scholarly journals Good offices: grasping the place of law in conflict

Legal Studies ◽  
2014 ◽  
Vol 34 (3) ◽  
pp. 469-496 ◽  
Author(s):  
Aoife O'Donoghue
Keyword(s):  
International Law ◽  
Past Century ◽  
Legal Analysis ◽  
International Organisations ◽  
The Past ◽  
The Pacific ◽  
The Subject ◽  
Definition Of ◽  
Settlement Of Disputes ◽  
Violent Conflicts

In the pantheon of approaches open to participants in the pacific settlement of disputes, good offices holds a noteworthy place. The evolution of good offices over the past century is concurrent with a trend of considerable transformation within international law, including – amongst other changes – a move away from a state-led legal order, including in good offices following the emergence of the heads of international organisations as its prime users, and a process of legalisation and specialisation within the subject that has entirely altered its character. These changes have led to a redefinition of good offices that stresses the actor carrying out the role above the form that it takes. To accompany these changes in practice, there is a need for a transformation in the legal analysis and definition of good offices. One potential option in achieving this end is Bell'slex pacificatoria. If good offices is to continue to play a significant role in the settlement of violent conflicts, a fully developed legal analysis is necessary to grasp both its historical development and its potential future role.

The Concept of Land Real Estate in the Act on Real Estate Management

2020 ◽  
Vol 2(22) ◽  
pp. 37-46
Author(s):  
Michał Kiedrzynek
Keyword(s):  
Real Estate ◽  
Civil Law ◽  
The Real ◽  
The Real Estate ◽  
The Subject ◽  
Estate Management ◽  
Definition Of ◽  
Real Estate Management

The management of public real estate has been regulated in many legal acts, among which the Act of August 21, 1997 on real estate management plays the greatest role. The definitions contained in it are intended to explain the most important concepts related to the subject of this act. However, with regard to the definition of land real estate, we are dealing with a repetition of what was defined by the provisions of civil law. Such a situation raises justified interpretation doubts, which may have significant consequences in the application of this act. The existence of two definitions for the same object is undesirable and the Real Estate Management Act should be amended in this respect by including an appropriate reference to the provisions of civil law.

UPOREDNI PRIKAZ HRVATSKOG I SLOVENAČKOG PRAVA GRAĐENjA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan
Keyword(s):  
Property Rights ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Third ◽  
Conceptual Definition ◽  
The Subject ◽  
The Republic ◽  
Construction Law ◽  
Definition Of ◽  
The Right

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.

LEGAL PERSONALITY OF A HABITUAL PENITENTIARY OFFENDER OF THE REGIME OF SERVING A SENTENCE

2021 ◽  
pp. 117-121
Author(s):  
Андрей Николаевич Гордополов
Keyword(s):  
Legal Status ◽  
Legal Capacity ◽  
Legal Analysis ◽  
Judicial Interpretation ◽  
Special Position ◽  
Legal Personality ◽  
The Subject ◽  
Definition Of ◽  
Legal Capability

В статье рассматриваются проблемы изменения правового статуса осужденного в связи с признанием его злостным пенитенциарным нарушителем. Проводится сравнительно-правовой анализ терминов «отрицательно характеризующийся осужденный» и «злостный пенитенциарный нарушитель». Автором отмечается, что понятие исследуемого субъекта встречается в нормативных актах уголовно-исполнительного характера и актах официального судебного толкования, вместе с тем до сих пор не имеет легального закрепления в виде нормы-дефиниции. В статье раскрываются вопросы возникновения правоспособности, дееспособности и деликтоспособности злостного пенитенциарного нарушителя. Формулируется вывод о том, что в ходе признания осужденного злостным пенитенциарным нарушителем он приобретает специфические признаки, которые определяют его особое положение. В заключение автором предлагается доктринальное определение исследуемого субъекта. The article deals with the problems of changing the legal status of a convicted person in connection with the recognition of him as a habitual penitentiary offender. A comparative legal analysis of the terms «negatively characterized convict» and «habitual penitentiary offender» is carried out. The author notes that the concept of the subject under study is found in normative acts of a penal nature and acts of official judicial interpretation, however, it still does not have legal consolidation in the form of a norm-definition. The article deals with the issues of legal capacity, legal capability and tortious capacity of a habitual penitentiary offender. The conclusion is formulated that in the course of recognition of a convicted person as a habitual penitentiary offender, he acquires specific features that determine his special position. In conclusion, the author offers a doctrinal definition of the subject under study.

Preliminary agreement in the purchase and sale’s obligations of real estate

2020 ◽  
pp. 197-205
Author(s):  
Tatyana Bogdanova ◽  
Elena Selezneva
Keyword(s):  
Law Enforcement ◽  
Real Estate ◽  
Opposite Case ◽  
Condi Tions ◽  
Legitimate Interests ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of ◽  
Joint Property ◽  
Property Regime

This work is devoted to the study of a preliminary agreement formation in real estate purchase and sale transactions. We give a definition of real estate purchase and sale agreement and analyze the essential terms of both the preliminary real estate purchase and sale agreement and the main agreement. We establish that the conclusion of a preliminary agreement and the resulting obligation to conclude the main agreement can give the counter-party of the transaction additional ways to protect their rights and legitimate interests. We emphasize that the preliminary purchase and sale agreement of real estate must specify conditions that establish the subject and other condi-tions of the main agreement. In the opposite case, if the essential conditions are not defined in the agreement, it is considered not concluded. We analyze the issue of spouses’ property regime of arising from the conclusion of a pre-liminary agreement concerning the disposal of joint property acquired in marriage. We determine the consequences that may occur in the event of a preliminary agreement if one of the spouses is absent or objects. We use practice materials as examples. Analysis of law enforcement practice shows that currently there are a large number of unresolved issues related to the legal qualification of relations arising from preliminary agreements. The work offers suggestions for making changes to the current legislation of the Russian Federation.

Caring for the Dying: From a “Negative” to a “Positive” Legal Right to Die at Home

2005 ◽  
Vol 6 (1) ◽  
pp. 22-28 ◽  
Author(s):  
Israel Doron
Keyword(s):  
Academic Writing ◽  
Legal Aspects ◽  
Necessary Condition ◽  
Right To Die ◽  
Legal Analysis ◽  
Legal Context ◽  
The Subject ◽  
Definition Of ◽  
The Right ◽  
At Home

The choice of the old and terminally ill to die at home has been the subject of various types of research. However, one of the aspects of this subject, which has been investigated very little, is its legal context. The absence of such legal research is contrasted by the vast amount of academic writing on the legal aspects of the right to die with dignity and euthanasia. The object of this article is to analyze and break down the “right to die at home” into its different legal components. This legal analysis will be based on Professor Isaiah Berlin’s definition of two different concepts of liberty: negative and positive freedoms. The main conclusion from the legal analysis presented in this article is that it is important to understand that at the legal level the right to die at home is dependent on many different elements. These elements may be classed in two basic categories: negative and positive freedoms and rights. Even though the former is a necessary condition of the latter, without the latter the first remains purely theoretical for many old people.

scholarly journals Environmental law and the essence of separation of prisoners sentenced to imprisonment: structural analysis

2021 ◽  
Vol 244 ◽  
pp. 12006
Author(s):  
Yulia Golovastova ◽  
Ludmila Prikhozhaya
Keyword(s):  
Environmental Law ◽  
Point Of View ◽  
Legal Analysis ◽  
Correctional Institutions ◽  
Narrow Sense ◽  
Functional Connection ◽  
The Social ◽  
Legal Nature ◽  
The Subject ◽  
Definition Of

The article examines existing approaches and different opinions of scholars-penitentiaries regarding the legal nature of separation of prisoners sentenced to imprisonment. The legal analysis of positions of scholars in the field of criminal executive law, who investigated the essence of separation of prisoners sentenced to imprisonment in various aspects, made it possible to highlight following approaches: 1) principle of institution of execution of punishment in the form of imprisonment; 2) means of ensuring the regime; 3) condition for implementation of principle of differentiation; 4) special classification issue; 5) type of classification; 6) intrageneric institution; 7) criminal-executive means of preventing crimes in correctional institutions. The authors come to the conclusion that separation of convicts is an inter-sectoral institution (in a broad sense), and also belongs to the category of internal penal means (in a narrow sense). Arguing this point of view, the general constant and special features of legal institutions and legal means and their application to the subject of research are considered. The authors identify and substantiate the main tasks of separation of prisoners and its functions, which are an external manifestation of its essence and determine the social and legal purpose, functional connection with other phenomena. As a result of study of the legal nature, the author’s definition of separate maintenance of those sentenced to imprisonment is proposed, its goals are highlighted and argued.

Subject of a civil contract

2020 ◽  
pp. 40-45
Author(s):  
Olha Moroz
Keyword(s):  
Significant Contribution ◽  
Practical Importance ◽  
Legal Analysis ◽  
Problem Statement ◽  
Essential Condition ◽  
The Subject ◽  
Definition Of ◽  
Constituent Elements ◽  
Civil Contract ◽  
Main Material

Problem statement. Due to the market transformations that have occurred recently in the economy of Ukraine, the opportunities of participants in property turnover regarding the freedom to conclude various types of contracts have significantly expanded. When concluding civil law contracts, a number of questions arise related to the definition of its subject. The purpose of this work is a General study and analysis of the subject of a civil contract. To achieve this goal, it is necessary to solve the following tasks: 1) to perform a legal analysis of such an essential condition of a civil contract as the conditions on the subject of the contract; 2) to study the debatable theoretical aspects of understanding the subject of a civil contract, which will reveal its essence and analyze its constituent elements; 3) to establish the subject of certain types of civil contracts. Analysis of recent research. The problem of contractual legal relations has been studied in the scientific works of both Ukrainian and foreign civil scientists in various aspects. M. M. Agarkov, M. I. Braginsky, V. V. Vetriansky, O. O. Krasavchikov, V. V. Luts, G. F. Shershenevich and others made a significant contribution in this area. However, the subject of the civil contract is poorly covered, it is quite relevant and requires further research. Presentation of the main material. The article provides a legal analysis of such an essential condition of a civil contract as the conditions on the subject of the contract. The author studies debatable theoretical aspects of understanding the subject of a civil contract, which allowed to reveal its essence and analyze its constituent elements. The subject of certain types of civil contracts is established. Conclusions. So, a detailed analysis of such an essential condition of a civil contract as the conditions on the subject of the contract is of great scientific and practical importance, since the legislator does not sufficiently regulate this issue, in particular, the subject of certain types of civil contracts is not defined at the legislative level, which hinders the possibility of proper protection of the rights of the parties.

scholarly journals Forming Legal Definitions of Modern Information Technologies under Economic Digitalization

2019 ◽  
Vol 71 ◽  
pp. 04018
Author(s):  
K. K. Taran
Keyword(s):  
Information Technologies ◽  
Specific Situation ◽  
Legal Analysis ◽  
Legal Professionals ◽  
The Usa ◽  
The Subject ◽  
Internet Law ◽  
Definition Of ◽  
Intensive Development ◽  
Complicated Task

During the intensive development of information technologies (IT), the need for their regulation gradually arises. For forming basic regulation of IT-sphere a basis is needed, which determines the subject of regulation. It’s a complicated task, but its solution will help to determine legal relations stemming from IT-usage. The existing technical definitions are accurate, since they are technical in nature. In some situations there are difficulties in their legal application, it complicates the legal analysis of a specific situation. The legal definition of a particular technology will assist legal professionals and theorists, as it will clarify the essence of relations, help to avoid misconception, support Internet law developing. This study discusses a short list of technologies used in practice in legal, medical and other fields. The author provides an overview of legal definitions at various levels: international, regional and national. The author examines the formation of definitions in Russia and the USA. A comparative analysis of terminology allows us to highlight the laws and features inherent in these countries. The author discusses the definitions of well-known, basic concepts such as the Internet, the user and the definition of technology that is currently widely used - a cloud storage of information.

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