scholarly journals Invalidity Of A Contract Concluded As A Result Of Improper Use Of Material Rights (Property Rights) And Abuse Of Law

2020 ◽  
Vol 02 (12) ◽  
pp. 27-31
Author(s):  
Mamurov Shokhrukh Boboxonovich ◽  
Keyword(s):  
Property Rights ◽  
Third Parties ◽  
Third Party ◽  
Bad Faith ◽  
Improper Use ◽  
Legitimate Interests ◽  
Abuse Of Law

This article is aimed invalidity of a contract concluded as a result of improper use of material rights (property rights) and abuse of law. In addition to actions aimed at abuse of property rights constituting a violation, actions that disproportionately violate the rights and legitimate interests of neighbors (the benefit received by the owner, disproportionate to the inconvenience for the neighbor) can also be assessed as abuse. Invalidation of the agreement on the disposal of prohibited property to unscrupulous third parties allows the creditor to bring a claim for the seizure of property from the unscrupulous third party, and in the event of a substantial claim by the plaintiff, to obtain an excuse from the unscrupulous owner. Naturally, a refund request can be combined with a request to invalidate the transaction. At the same time, according to the logic of things, in cases of bad faith of the owner of the prohibited property, it is necessary to invalidate not only the transfer of property, but also the entire contract

Transferability and sale of goods

Legal Studies ◽  
1987 ◽  
Vol 7 (1) ◽  
pp. 1-38 ◽  
Author(s):  
Iwan Davies
Keyword(s):  
Property Rights ◽  
Common Law ◽  
Third Parties ◽  
Third Party ◽  
Property Law ◽  
The World ◽  
Property Title ◽  
Complete Specification

In any system of property law a complete specification of rights and duties raises at least two questions. First, allocation of rights and duties inter se between the parties to the transaction; secondly, the rights and duties of the parties to the original transaction against the rest of the world. The traditional common law analysis where a third party wishes to acquire an indefeasible interest in a chattel is to direct the latter to the ‘owner’ and indeed the prerequisite for the enjoyment of most property rights depends upon our ability to acquire it from someone else. Furthermore, inherent in the idea of acquiring an absolute right in property (title) is exclusivity of possession ie superiority over the transferor and third parties.

Contracts for the Benefit of Third Parties in Malaysia

2018 ◽  
Author(s):  
David Fung
Keyword(s):  
Property Rights ◽  
Subject Matter ◽  
Common Law ◽  
Third Parties ◽  
Third Party ◽  
Privy Council ◽  
The Common ◽  
Clear Statement

This chapter examines the Malaysian position on privity and third party beneficiaries. Given that the Malaysian Contracts Act 1950 (‘MCA 1950’) is virtually a copy of the Indian Contract Act 1872, the issues are, unsurprisingly, similar. The absence of a clear statement of the rule in the MCA 1950 meant that its existence was susceptible to challenge. It was only in Kepong Prospecting Ltd v Schmidt, when the Privy Council pronounced on the fundamentality of the privity rule, that the matter was finally settled. This chapter demonstrates the ingenuity and the limitations of the common law. The strategy of finding an express trust of a promise finds a familiar trajectory in the use of that strategy in England. The need to prove the three certainties of intention to create a trust, beneficiaries, and subject matter emphasizes the clear intention to create property rights. An alternative explored by the author relates to the institutional constructive trust which requires a proprietary base by which the constructive trust may be found.

2. Personal and Property Rights in Land

2020 ◽  
pp. 25-56
Author(s):  
Emma Lees
Keyword(s):  
Property Rights ◽  
Third Parties ◽  
Third Party ◽  
Land Law ◽  
Legal Concept ◽  
Numerus Clausus ◽  
Land Property Rights

This chapter explains the nature of land as a legal concept, as well as the nature of rights in land. Land includes both corporeal things — such as land and buildings — and incorporeal things, such as rights over land. Property rights in relation to land come in two forms: estates and interests. Estates are rights which a person holds in their ‘own land’, while interests are rights which a person holds in relation to another's land. Both of these are proprietary; proprietary interests are those rights which are capable of having third party effects. Therefore, the crucial distinction between personal and property rights is about the effect that these rights can have on third parties. The chapter then looks at the numerus clausus (closed list) of property rights. If a right is not part of this list, then it is licence. Licences are the generic category of rights that relate to land but which are not property rights. The four categories of licence include estoppel licences, bare licences, contractual licences, and licences coupled with an interest. The chapter concludes by exploring the concept of relativity of title in English land law.

Cláusulas de franquicia o deducible en seguros de responsabilidad civil en el Derecho español: Naturaleza y efectos respecto de terceros perjudicados

2018 ◽  
pp. 101
Author(s):  
Rafael Lara González
Keyword(s):  
Civil Liability ◽  
Third Parties ◽  
Insurance Contract ◽  
Third Party ◽  
Liability Insurance ◽  
Legal Doctrine ◽  
Insurance Contracts ◽  
Spanish Law ◽  
Palabras Clave ◽  
Legal Nature

ResumenPese a su ubicuidad en la práctica contractual, las cláusulas de franquicia han recibido tratamiento incidental en la doctrina. La discusión sobre ellas se ha enfocado en los contratos de seguros de responsabilidad civil, y en la interpretación del artículo 76 de la Ley española de Contrato de Seguro. En este contexto se ha tratado de establecer si el asegurador puede o no oponer la cláusula de franquicia al tercero perjudicado. El presente trabajo analiza la cláusula de franquicia en la obligación principal del asegurador, su naturaleza jurídica, y examina su relación con los terceros perjudicados. La consideración principal a este respecto estará en si nos encontramos ante un seguro obligatorio o ante un seguro voluntario de responsabilidad civil. Palabras clave: Contrato de seguro; Cláusula de franquicia; Terceroperjudicado; Responsabilidad civil.AbstractDespite their ubiquity in contractual praxis, deductible clauses have received only incidental treatment in legal doctrine. Discussion on them has focused on civil liability insurance contracts, and the interpretation of article 76 of the Spanish Law of Insurance Contracts. In this context it has been attempted to establish whether the insurer can invoke the clause to oppose the injured third party's claim. This article examines the deductible clause included in the insurer's main obligation, its legal nature, and its relation to injured third parties. The main consideration in this regard will be whether the insurance contract is of a mandatory or voluntary nature.Keywords: Insurance contract; Deductible clause; Injured third party; Civil liability.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

Contracts for the Benefit of Third Parties Under the Taiwan Civil Code

2018 ◽  
Author(s):  
Sheng-Lin JAN
Keyword(s):  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Legal Relationship ◽  
The Third Party ◽  
Privity Of Contract

This chapter discusses the position of third party beneficiaries in Taiwan law where the principle of privity of contract is well established. Article 269 of the Taiwan Civil Code confers a right on the third party to sue for performance as long as the parties have at least impliedly agreed. This should be distinguished from a ‘spurious contract’ for the benefit of third parties where there is no agreement to permit the third party to claim. Both the aggrieved party and the third party beneficiary can sue on the contract, but only for its own loss. The debtor can only set off on a counterclaim arising from its legal relationship with the third party. Where the third party coerces the debtor into the contract, the contract can be avoided, but where the third party induces the debtor to contract with the creditor by misrepresentation, the debtor can only avoid the contract if the creditor knows or ought to have known of the misrepresentation.

Contracts for the Benefit of Third Parties in Japan

2018 ◽  
Author(s):  
Masami Okino
Keyword(s):  
Case Analysis ◽  
Case Law ◽  
Contract Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
German Model ◽  
Recent Debate ◽  
The Law

This chapter discusses the law on third party beneficiaries in Japan; mostly characterized by adherence to the German model that still bears an imprint on Japanese contract law. Thus, there is neither a doctrine of consideration nor any other justification for a general doctrine of privity, and contracts for the benefit of third parties are generally enforceable as a matter of course. Whether an enforceable right on the part of a third party is created is simply a matter of interpretation of the contract which is always made on a case-by-case analysis but there are a number of typical scenarios where the courts normally find the existence (or non-existence) of a contract for the benefit of a third party. In the recent debate on reform of Japanese contract law, wide-ranging suggestions were made for revision of the provisions on contracts for the benefit of third parties in the Japanese Civil Code. However, it turned out that reform in this area was confined to a very limited codification of established case law.

scholarly journals Creation of Technical Conditions for Use or Infringement – The Meanders of the Warehouse Keeper’s Liability in Light of CJEU Judgment C-567/18 Coty Germany

2021 ◽  
Vol 52 (3) ◽  
pp. 265-282
Author(s):  
Krystyna Szczepanowska-Kozłowska
Keyword(s):  
Property Rights ◽  
Point Of View ◽  
Literal Meaning ◽  
Property Right ◽  
Third Party ◽  
Property Law ◽  
Industrial Property ◽  
The Absolute ◽  
The Law ◽  
Trademark Use

AbstractOne form of industrial property right infringement is stocking for the purpose of offering or marketing. This form of infringement appears both in EU legal acts on trademarks or designs, as well as in national regulations, including those concerning patents. What is specific to stocking when compared to other activities comprising the stipulated exclusivity of the holder of industrial property rights is the fact that the literal meaning of “stocking” does not explain whether the infringing party or the warehouse keeper is the entity that places the goods in storage. The structure of industrial property rights as absolute rights would theoretically permit the view that the law is violated by both the entity that accepts the goods for storage and the entity that places such goods in storage. To determine if there is an infringement, it must be established what the goods being stocked are further intended for. It is not without significance that the finding of an infringement of industrial property rights does not depend on fault or awareness. From the point of view of the industrial property law regime, it is difficult to find arguments against this understanding of infringement by stocking. Since the offeror of goods infringing industrial property rights may be held liable even if the goods have not yet been manufactured, it is conceivable that the entity accepting such goods for stocking is also liable. This interpretation of the concept of stocking would certainly correspond to the absolute nature of liability for infringement.In a recent judgment the CJEU confirmed that the warehouse keeper who, on behalf of a third party, stores goods which infringe trademark rights only creates the technical conditions for trademark use by this third party provided that the warehouse keeper is not aware of that infringement. The CJEU also confirmed that only the person who decides about the purpose of storing the goods can be treated as an infringer. However, the CJEU did not respond to the question regarding whether the warehouse keeper could be treated as an infringer if it pursues the aims of storing the goods at the request of the entity that put the goods into storage.

Foulweather Friends: Violence and Third Party Support in Self-Determination Conflicts

2021 ◽  
pp. 002200272199322
Author(s):  
R. Joseph Huddleston
Keyword(s):  
Foreign Policy ◽  
Latent Variable ◽  
Third Parties ◽  
Self Determination ◽  
Third Party ◽  
Variable Model ◽  
Major Powers ◽  
International Stability ◽  
General Preference ◽  
Party Support

This paper investigates how violence in self-determination conflicts influences bilateral foreign policy. I argue that a general preference for international stability causes third parties to support self-determination groups when violence reaches high levels, when they gain territorial control, and when major powers officially recognize. In these conditions, third parties perceive a stable new status quo to be nigh: unrecognized statehood. Ongoing instability encourages foreign policy that encourages the development of the de facto state, even when third parties have no intention of recognizing them as states. Importantly, I also show that targeting civilians erodes third-party support of the perpetrating side. I demonstrate these relationships using a latent variable model of international sovereignty of aspiring states, built on bilateral military, diplomatic, and economic exchange data. My model and tests provide new insight into how aspiring state actors become increasingly eligible for recognition through the tacit support of third-party states.

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