scholarly journals Noisy behavior of residents of an apartment building as a matter of neighborly law (the case of relationship between dog owners and neighbors)

2019 ◽  
Vol 4 (22) ◽  
pp. 234-249
Author(s):  
Dmitry Pyatkov ◽  
Margarita Pyatkova ◽  
Ulvi Amilogly Aliyev ◽  
Polina Savitskaya
Keyword(s):  
Civil Law ◽  
Private Law ◽  
Legal Systems ◽  
Apartment Building ◽  
Public And Private ◽  
Current State ◽  
Foreign Countries ◽  
Dog Owners ◽  
Neighborhood Relations

The aim of this study is to examine in detail such a segment of neighborhood law as the silence related relations of neighbors in an apartment building. Neighborhood law, despite its long existence in the legal systems of foreign countries, remains unspecific in the regulation of relations between apartment owners, while in Russia neighborhood law has not received due attention from the federal legislator. We believe that competition between public and private law on this issue should be resolved in favor of private law. Civil law in the current state contains a great potential for the regulation of neighborhood relations and protection of neighborhood rights. The possibilities of civil law in this area should be expanded in the course of the forthcoming reform of property legislation. It is necessary to continue the development of neighborhood law in Russia.

2. Legal systems and sources of law

2020 ◽  
pp. 35-70
Author(s):  
Scott Slorach ◽  
Judith Embley ◽  
Peter Goodchild ◽  
Catherine Shephard
Keyword(s):  
International Law ◽  
Common Law ◽  
Civil Law ◽  
Case Law ◽  
Potential Effect ◽  
Legal Systems ◽  
Public And Private ◽  
England And Wales ◽  
The World ◽  
The Status

This chapter focuses on the sources of law in England & Wales, and is organised as follows. Section 2.1 describes the key jurisdictions relevant to lawyers in England and Wales. Section 2.2 deals with the issue of where the law comes from: sources of law. Section 2.3 reviews the development of the two ‘traditional’ sources of law in England and Wales: case law and statutes. Sections 2.4 and 2.5 consider the status and operation of EU and international law, including the potential effect of Brexit. Section 2.7 goes on to discuss public and private law, common law, and civil law, and other classifications used by lawyers. This is followed by a discussion of legal systems and their cultures across the world.

scholarly journals Towards more reasonable prescription in private law?

2020 ◽  
Vol 3 (53) ◽  
Author(s):  
Joanna Teresa Kruszyńska-Kola
Keyword(s):  
Comparative Study ◽  
Research Method ◽  
Civil Law ◽  
Original Research ◽  
Private Law ◽  
Legal Systems ◽  
Recent Developments ◽  
Practical Standpoint ◽  
Historical Comparative ◽  
Historical Periods

The author presents original research method enabling to answer the question ‘what is the ratio (rationale, justification) of prescription?’ not from theoretical but practical standpoint, as well as the results of its application in historical-comparative study. This study demonstrates that even bearing in mind the potential differences across legal systems and historical periods, it may be argued that there is something permanent and common in prescription, that the notion of a universal core of the ratio is indeed viable. Thus the aim of this paper is to assess — taking into account findings concerning the ratio of prescription — Swiss (OR 2020) and Polish proposals of modification and recent developments in the civil-law regulation of the said institution.

PUBLIC, COMMON, PRIVATE IN PROPERTY LAW: A COMPARATIVE RESEARCH STUDY

2020 ◽  
Vol 20 (4) ◽  
pp. 242-285
Author(s):  
K.A. ROSTOVTSEVA
Keyword(s):  
Comparative Research ◽  
Research Study ◽  
Public Domain ◽  
Property Law ◽  
Private Law ◽  
Legal Systems ◽  
Conceptual Problem ◽  
Sociological Study ◽  
Public And Private ◽  
Private And Public

This article is devoted to a comparative research study of public immovable things in various legal systems. The word “private” in the title of the article refers to the investigation of interaction between private and public legal institutions. The conceptual problem that formed the research background is the answer to the question: what are all those immovable things that exist at the junction of public and private law? The author was inspired by a sociological study conducted in one of the Russian cities. The illusory ideas of the citizens were significantly far from reality: the things they perceived as “common” in fact turn out to be what the author titles “public domain”. Legally, these are two completely different categories. That, of course, affects the possibility and limits placed upon using such things.

On the Notion of Legal Responsibility

10.12737/1806 ◽  
2013 ◽  
Vol 2 (1) ◽  
pp. 5-7
Author(s):  
Вениамин Яковлев ◽  
Vyeniamin YAkovlyev
Keyword(s):  
Civil Law ◽  
Legal Responsibility ◽  
Private Law ◽  
Public And Private ◽  
The Public ◽  
Full Implementation

The author on the example of criminal and civil law compares the approaches to the regulation of the issues of responsibility in the public and private law. It is concluded that for the full implementation of the measures of responsibility need effective institutions of public protection.

scholarly journals Damages for Personal Injuries – in Labour and Service Law

2019 ◽  
Vol 10 (3) ◽  
pp. 285-298
Author(s):  
Leopold Skoruša ◽  
Ondřej Horák ◽  
Radim Vičar ◽  
Tomáš Zbořil
Keyword(s):  
Comparative Method ◽  
Legal Regulation ◽  
Private Law ◽  
Labour Law ◽  
Public And Private ◽  
Current State ◽  
Public Area ◽  
Historical Comparative ◽  
The 1960S ◽  
Service Relationship

Abstract The contribution will be devoted to the comparison of damages for non-proprietary loss in public and private sphere. The regulation of service relationship will be analysed in public area, in private area the legal regulation of health injuries in labour law. The aim of the contribution will be a critical analysis of the current state of legal regulation and the proposal de lege ferenda (approximation with labour law). The addressed question is of a fundamental importance for the area of public finances, the functioning of the public area and the enforcement of the rule of law. The historical-comparative method will be used. Particular attention will be paid to the transfer of damages for personal injury to the heir – while in service relationship, such claims terminate (not transferred to the heir), which was taken from the 1960s legislation. They do not terminate after the death in current private law, if recognized or at least claimed in court. Originally, the regulation of damages in public and private law was comparable; however, after the modernization of the private law (2012/14), the protection of persons in service and their relatives becomes weaker, even though it has traditionally been contrary to it in most institutes. Different legal regulations in labour and service law are baseless in the case of damages. The authors propose to modernize the relevant laws, to bring them closer to the Labour Code, both in the possibility of a reasonable increase in damages and in the transfer of damages for pain and diminished social function to the heir.

2. Legal systems and sources of law

2017 ◽  
Author(s):  
Scott Slorach ◽  
Judith Embley ◽  
Peter Goodchild ◽  
Catherine Shephard
Keyword(s):  
International Law ◽  
Common Law ◽  
Civil Law ◽  
Case Law ◽  
Potential Effect ◽  
Legal Systems ◽  
Public And Private ◽  
England And Wales ◽  
The World ◽  
The Status

This chapter focuses on the sources of law in England and Wales, and is organised as follows. Section 2.1 describes the key jurisdictions relevant to lawyers in England and Wales. Section 2.2 deals with the issue of where the law comes from: sources of law. Section 2.3 reviews the development of the two ‘traditional’ sources of law in England and Wales: case law and statutes. Sections 2.4 and 2.5 consider the status and operation of EU and international law, including the potential effect of Brexit. Section 2.7 goes on to discuss public and private law, common law, and civil law, and other classifications used by lawyers. This is followed by a discussion of legal systems and their cultures across the world.

The Need for a Dualist Application of Public and Private Law in Great Britain Following the Use of “Flame Trolling” During the 2011 UK Riots

2015 ◽  
pp. 195-212 ◽  
Author(s):  
Ivan Mugabi ◽  
Jonathan Bishop
Keyword(s):  
Great Britain ◽  
Criminal Law ◽  
Tort Law ◽  
Private Law ◽  
Legal Systems ◽  
Public And Private ◽  
Civil Cases

Since time immemorial, the legal systems of Great Britain have often been spoken of highly as pinnacles of democracy. However, the split between criminal law and tort law have often caused problems where the police has often focused on the prosecution of people in poverty and where only the wealthy can afford to use the system. This chapter discusses the extent and limitations of existing measures to tackle computer-related crime, particularly with regards to the abusive kind of Internet Trolling, namely “flame trolling.” The chapter recommends further research to establish whether it should be the case that in a society based on dualism that criminal and civil cases should be held at the same time, and that in both instances those being accused of an offence or tort should be allowed to bring a counter-claim. It is discussed that in such a system the cases that would be brought are where there is a clear victim who had no part in the offence against them, such as murder, rape, theft and burglary, which are usually carefully planned and orchestrated acts.

scholarly journals The Role of Private Law in the Regulation of Educational Relations

2019 ◽  
Vol 12 (5) ◽  
pp. 20
Author(s):  
Elena Vasilievna Kobchikova ◽  
Timofey Grigorievich Makarov
Keyword(s):  
Significant Role ◽  
Professional Education ◽  
Educational Institution ◽  
Civil Law ◽  
Educational Experience ◽  
Educational Services ◽  
Private Law ◽  
Educational Service ◽  
Public And Private

In this article prepared by Kobchikova E.V. and Makarov T.G., the connection between private law with educational relations is considered; it is stated that educational relations are characterized by the presence of public and private components in them. The work gives a detailed description to civil relations in the sphere of education, explores the concept of educational service, and considers the place of an agreement for rendering paid educational services among other service agreements. The authors of the article note that this agreement, just like the majority of civil law contracts, is a bilaterally binding one, i.e., both parties (educational institution and student) are bound with mutual obligations. In accordance with the principles of private law regulations, educational relations are regulated by the parties to the agreement for rendering fee-based educational services, based on the legal equality of the parties. Thus, the subjects of educational relations may create rights and obligations for themselves, as well as to change and terminate them. The authors note that agreements in the sphere of professional education allow students developing independence in learning, thus letting them controlling their educational experience in accordance with their needs and interests. All this points to the significant role of private law in the regulation of educational relations.

Comparative History and the Internal View of French, German, and English Private Law

2006 ◽  
Vol 19 (1) ◽  
pp. 133-160 ◽  
Author(s):  
Catherine Valcke
Keyword(s):  
Legal System ◽  
German Idealism ◽  
Private Law ◽  
Legal Systems ◽  
Stare Decisis ◽  
Cartesian Dualism ◽  
Public And Private ◽  
Age Of Reason ◽  
Institutional Features

This Article explores the different intellectual and socio-political contexts that attended the emergence of the French, German, and English legal systems with a view to understanding French, German, and English private law from the perspective of the participants in these systems. The French legal system is a child of the Cartesian dualism that marked the Age of Reason, according to which the material world can and ought to be fully dominated by the human intellect. This conception of the relation of facts to ideas arguably is reflected in the structure and design of the French civil code, in such institutional features as the French conception of the role of the judge, as well as in the tendency of French jurists to view contractual consent subjectively. In contrast, the German legal system congealed at a time when Cartesian dualism was losing ground to German idealism. The dialectic conception of facts and ideas favoured by the German idealists arguably made its way into several institutional features of the German legal system, including the content of the BGB, the codification process, the conception of the role of the judge, the style of judicial decisions, and the greater inter-penetration of public and private law. It may also partly explain why German jurists have tended to view contractual consent as simultaneously objective and subjective. Finally, whereas both the French and the German legal systems emerged from highly intellectual contexts, the English legal system grew from a maize of pragmatic political and administrative considerations that left little room for explicit ideas. The emphasis on hard facts still is palpable in many aspects of contemporary English law, in particular, the doctrine of stare decisis, the conception of the judicial function, and the mode of reasoning by analogy. It arguably also is reflected in the tendency of English judges to privilege the objective conception of contractual consent.

scholarly journals The Current State of Recodification Works of Slovak Private Law and Its Perspectives

2021 ◽  
Vol 2 (1) ◽  
pp. 83-92
Author(s):  
Denisa Dulaková Jakúbeková
Keyword(s):  
Slovak Republic ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Time Constraints ◽  
Private Law ◽  
The Public ◽  
Current State ◽  
Commercial Code ◽  
The Given

The article discusses the current state of the ongoing process of private law recodification in the Slovak Republic. Despite the efforts promised by every new government, to this day, none of them have achieved a recodification of civil law that would ultimately result in unambiguous treatment of, in particular, the so-called questions of values, nor have any of them seen through the creation of a codex, which has long been required. The need for recodification first became apparent even before the November 1989 Revolution. The focus of the expert public post-revolution was on filling the legal vacuum that came about through the abolition of the Economic Code and the Code of International Trade and on substituting them with a new and equivalent legal regulation. Due to time constraints and the urgent need for a solution to the given situation, the country failed to adopt a single universal regulation for private law; instead, the so-called major amendment of the previous Civil Code was adopted. This state has since prevailed; thus, Slovakia’s legal system is still subject to a Civil Code from 1964, amended on several occasions, as well as the Commercial Code from 1991. This is despite the numerous attempts to recodify private law, the last attempt having been introduced to the public at the end of 2018. The form of this reform was, however, surprising. Slovakia saw a change in governments in 2020, and the new government has, to date, declared other priorities in the domain of justice. It is, therefore, difficult to say whether the new government will adopt the ambition to recodify private law and, if so, to what extent it will succeed in completing this goal.

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