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.

Term as an essential condition of a civil legal agreement

2021 ◽  
pp. 117-121
Author(s):  
Olga Moroz
Keyword(s):  
Civil Rights ◽  
Practical Importance ◽  
Civil Law ◽  
Main Body ◽  
Essential Condition ◽  
Complex Process ◽  
Contractual Relations ◽  
Definition Of ◽  
Civil Contract

Problem setting. The changes and transformations that have taken place in the economy of our country have necessitated the reform and further study of contractual relations. These relationships arise, change and end over time. The conclusion of a contract is a rather complex process, which raises some issues related to the term of the contract and the term of realization of rights and obligations. The purpose of this work is a general study and analysis of the term as an essential condition of a civil contract. To achieve this goal it is necessary to solve the following tasks: 1) consider the definition of the term in civil law; 2) establish how the term and term are determined; 3) to investigate the term of the contract and the term of realization of rights and fulfillment of obligations; 4) investigate legal, contractual and judicial terms; 5) to analyze the classification of terms according to the degree of their certainty (absolutely definite, relatively definite and indefinite terms). Analysis of recent researches and publications. Civil scientists have studied contractual relations in various aspects. Research in this area was conducted by M. I. Braginsky, V. V. Vitryansky, V. V. Lutz and others. But the issue of term as an essential condition of a civil contract is poorly covered, is quite relevant and needs further study. Article’s main body. The article examines the term as an essential condition of a civil contract. The definition of the term is analyzed. The term of the contract and the term of realization of rights and fulfillment of obligations have been studied. Legal, contractual and judicial terms are investigated. The classification of terms by the degree of their certainty is analyzed, in particular, there are absolutely definite, relatively definite and indefinite terms. Conclusions. Thus, the study and analysis of terms as an essential condition of a civil law contract is of great scientific and practical importance, as they regulate civil circulation, stabilize civil relations and provide opportunities for proper and timely protection of civil rights.

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 NOTION OF THE SYSTEM OF CIVIL PROCEDURAL LAW

2021 ◽  
Vol 11 (4) ◽  
pp. 13-26
Author(s):  
V.M. SHERSTYUK
Keyword(s):  
Internal Structure ◽  
Legal Regulation ◽  
Point Of View ◽  
Entire System ◽  
Procedural Law ◽  
The Subject ◽  
Definition Of ◽  
Constituent Elements

The study puts forward the thesis that the basis for the allocation of structural subdivisions of civil procedural law is mainly the subject of legal regulation. The complex internal structure of the system of this branch of law is due primarily to the diversity of civil procedural relations that constitute the subject of regulation of this branch of law. The work reveals the essential features of the concept of “system of civil procedural law”, defines the grounds for its structural subdivisions and their composition, gives the definition of this category. In particular, the author has formulated the idea that the system of civil procedural law is an internally coordinated set of civil procedural rules, institutions and other relatively independent structural subdivisions of this branch of law, naturally interconnected into a single whole due to the unity of civil procedural relations. Also in this study the point of view is expressed that each level of the system, as well as the entire system of civil procedural law as a whole, is characterized not only by typical features of its constituent elements, but also by their typical, regular relationships that constitute its structure.

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.

scholarly journals SYSTEMIC APPROACH TO ENTERPRISE DEBT MANAGEMENT

2019 ◽  
pp. 70-79
Author(s):  
Ie. Mordan ◽  
A. Solomakha
Keyword(s):  
Management System ◽  
Practical Importance ◽  
Debt Management ◽  
Accounts Receivable ◽  
Effective System ◽  
Definition Of ◽  
Fierce Competition ◽  
And Control ◽  
Constituent Elements ◽  
Practical Recommendations

The article is devoted to generalization of theoretical bases and practical recommendations on improvement of the system of receivables management in the period of fierce competition and intensive development of debt relations between enterprises. In order to build an effective system, the management object - receivables - has been studied in detail. The approaches to understanding the nature of accounts receivable and the author's definition of it are distinguished. Receivables are grouped according to different classification characteristics, which is primarily of practical importance, allowing to build a clear system for accounting and analysis of the presence and movement of receivables and to form an effective system for their management by individual types. The reasons for the objective necessity of forming receivables as a certain form of working capital existence are identified. A thorough analysis of the concepts in the scientific literature of the concept of "management of accounts receivable". The researches made it possible to create a comprehensive system of receivables management, which is based on the interaction of the target, organizational, structural, management and information subsystems. A characteristic is given to each subsystem and its constituent elements. The subjects and objects of management are specified, their interaction is considered, goals and tasks are outlined. It is determined that the functions of the management system are analysis, planning, regulation and control, the principles on which it is based are continuity, periodicity, consistency, autonomy, prudence and full coverage, and the methods of management are psychological, economic, legal and alternative instruments. The implementation of the receivables management system implies the implementation of a series of sequential measures in the form of certain steps, which are considered in the work, aimed at reducing the risk of arrears or bad receivables. Keywords: accounts receivable, accounts receivable management, management system, accounts receivable.

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.

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.

Kompetencje moralne nauczycieli – prolegomena

2021 ◽  
pp. 39-58
Author(s):  
Dariusz Zając
Keyword(s):  
Teaching Profession ◽  
Professional Activity ◽  
Moral Dimension ◽  
Moral Competence ◽  
Scientific Exploration ◽  
The Subject ◽  
Definition Of ◽  
Moral Competences ◽  
Constituent Elements

The presented analysis focuses on the moral dimension of the teaching profession, which encompasses the moral competence of its representatives. This dimension determines, at least to some extent, the quality of services rendered by teachers to other people as part of their professional activity. Thus, the research and analyses undertaken with regard to this area of scientific exploration are of importance for the discipline of educational research. The aim of the paper is an attempt at making an introduction to the manners of understanding the term: teacher’s moral competences. Such competences can be placed among a number of competencies a teacher should display. The article was prepared based on an analysis of the literature dealing with the subject of the research. The analysis was used to explicate the category, which, similarly to the category of competencies as such, has turned out to be defined in an ambiguous way. The researchers of the issue of teachers’ moral competences have ascribed various meanings and scope to this term, and have differed in indicating its significance and importance for the professional activity undertaken. This is conducive neither to an attempt at developing a clear definition of this term nor to defining its constituent elements more precisely. The analysis of this category implies the need for paying closer attention to teachers’ moral competences, both in the theoretical and practical contexts, and to conduct intensified research on these competences, enriching thereby the scientific achievements made so far in the field referring to the moral dimension of the work performed by the representatives of this social and professional category, i.e., teachers.

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