PRESTANAK UGOVORA O POSREDOVANjU U SPORTU

2021 ◽  
pp. 469-480
Author(s):  
Zoran Vuković ◽  
Keyword(s):  
Contract Law ◽  
Legal Relationship ◽  
General Rules ◽  
The Subject

The general rules of contract law apply to the termination of the contract on mediation in sport. In addition to the general methods of termination of the contract, from the specifics of the legal relationship established by the contract on mediation in sport derive certain specifics related to its termination. Disctiveness that characterize the termination of the contract on mediation in sports are the subject of research in this paper.

scholarly journals Fakultativna međunarodna pravila u oblasti ugovornog prava reosiguranja

2021 ◽  
Vol 20 (01) ◽  
pp. 38-51
Author(s):  
Slobodan Jovanovic ◽  
Ozren Uzelac
Keyword(s):  
Risk Management ◽  
Trade Agreements ◽  
Legal Framework ◽  
Contract Law ◽  
International Institute ◽  
International Trade Agreements ◽  
Legal Relationship ◽  
The World ◽  
The Subject ◽  
Supranational Level

The state of reinsurance contract law as unregulated has continued to this day. One of the reasons for reluctance in adopting particular legislation for reinsurance contracts lies in the fact that it is a legal job between professionals − two legal entities who have adequate professional knowledge and who do not need a specifi c legal framework to regulate their legal relationship. However, aft er the outbreak of the World Financial Crisis at the end of 2007, it became apparent that the fi nancial sector had to submit to stricter rules on risk management and providing suffi cient capital to cover them, unless possibleotherwise. In this regard, an initiative for formulation of the appropriate reinsurance contract law at supranational level was launched in 2015. Th e fi rst version of the Principle of Contract Reinsurance Law published in November 2019 is the subject of attention in this paper. In this paper, the authors investigate the content and eff ect of the provisions of these Rules, but do not analyze in more detail relevant provisions of the Rules of International Trade Agreements of the International Institute for the Unifi cation of Private Law of 2016, which apply supplementary to the reinsurance contract law. In this research, the authors primarily considered the aforementioned solutions and their eff ect on the rights and obligations of the reinsurer and the reinsured, with reference to the views of legal reinsurance theory.

Equity and certainty in contract law

Acta Juridica ◽  
2021 ◽  
Vol 2021 ◽  
pp. 141-176
Author(s):  
F Brand
Keyword(s):  
Supreme Court ◽  
Contract Law ◽  
Constitutional Court ◽  
High Court ◽  
Contractual Relationships ◽  
The Supreme Court ◽  
The Subject ◽  
Court Of Appeal ◽  
Do So

The role of abstract values such as equity and fairness in our law of contract has been the subject of controversy for a number of years. In 2002 the Supreme Court of Appeal took the position that these values do not constitute self-standing grounds for interfering with contractual relationships. Despite this being consistently maintained by the SCA in a number of cases, some High Court judges deviated from this position on the basis that they were permitted to do so by some minority judgments and obiter dicta in the Constitutional Court. The uncertainty thus created has fortunately now been removed by the judgment of the Constitutional Court in Beadica v The Trustees for the Time being of the Oregon Trust.

The concept and basis of responsibility in international cargo transportation by sea

2021 ◽  
Vol 67 (06) ◽  
pp. 85-90
Author(s):  
Aytac İlham qızı Cəfərova ◽  
Keyword(s):  
International Law ◽  
Key Words ◽  
Prima Facie ◽  
Subject Area ◽  
Direct Impact ◽  
Main Subject ◽  
Legal Relationship ◽  
The Subject ◽  
Cargo Transportation ◽  
The Republic

The article examines the concept and basis of responsibility in international sea freight. The relations arising in international cargo transportation by sea have a direct impact on the subject area of the institution of responsibility in this area. First of all (prima facie), the carrier and the consignor have mutual rights and obligations. However, the legal relationship between the consignee and the consignor also affects the legal relationship with the carrier, and the carrier acts as the main subject of the relevant liability. Accompanying the guilty and innocent carrier in international cargo transportation by sea is the responsibility. In both cases, the legislation of the Republic of Azerbaijan contains appropriate forms of liability. However, there is a need in the legislation of the Republic of Azerbaijan to bring absolute or objective responsibility in line with international law. In particular, the liability provisions of the legislation on sea freight must include an "institution of liability", formed in accordance with the "immunity catalog" or "exclusion catalog". In this case, the carrier is absolutely responsible for everything that does not belong to the "immunity catalog", and the problem of liability for guilt is not the subject of discussion. Key words: conosament, liability, international carriage, carriage of goods by sea, Hamburg rules, legislation, conventions norms, Rotterdam Rules, law

scholarly journals Funkcje mediacyjne realizowane przez mediatora w trakcie mediacji. Wybrane zagadnienia

2018 ◽  
Vol 27 (3) ◽  
pp. 73
Author(s):  
Marzena Myślińska
Keyword(s):  
Legal Regulation ◽  
Professional Role ◽  
Legal Order ◽  
Mediation Process ◽  
Legal Relationship ◽  
The Social ◽  
Key Issues ◽  
The Subject ◽  
The Impact

<p>The subject of this article is the analysis of the activity undertaken during mediation in the context of the characteristics of the mediation process and the normative conditions of the legal relationship and disputes resolved through this form of ADR. In order to implement the project, the content of the work will contain a list of functions performed by the mediator during mediation as ‘the environment for performing the role’ (which is not closed due to the dynamics of interaction in the negotiations). Their character and content determine the nature of the social and professional role of mediators in the Polish legal order, it also allows us to illustrate in detail the key issues for reflection on the professional role, including, for example, legal liability and conflict of roles. Mediation functions are diversified in terms of the frequency of their implementation depending, among other things, on the strategy of conducting mediation, the specificity of the dispute and the legal regulation of mediation. The discussion of the last of the indicated differentiating factors (i.e. the impact of universally binding law) will be reflected in the content of the paper.</p>

scholarly journals Lavagem de dinheiro e infração antecedente: Conexão e seus efeitos

2020 ◽  
Vol 6 (1) ◽  
pp. 173-208
Author(s):  
Victor Nasralla
Keyword(s):  
Money Laundering ◽  
Criminal Proceedings ◽  
General Rules ◽  
Specialized Courts ◽  
The Subject ◽  
Private Individual

The purpose of this article is to analyze the application of the rules that deal with connection between cases (joinder of actions) in criminal proceedings, specifically regarding money laundering crimes and their previous crimes. For this purpose, specific ordinary legislation on the processing of money laundering crimes and their previous crimes will be analyzed, as well as the general rules of the Brazilian Code of Cri- minal Procedure on the subject, in addition to secondary laws regarding extending jurisdiction (creation of specialized courts), always having as premise the content and the limits which ensures the constitutional guarantee of a natural judge. Thereafter, the delimitation of jurisdic- tion will be analyzed in cases of connection between a previous crime within the jurisdiction of the Electoral Court and the crime of money laundering, as well as a previous offense committed by one with exclu- sive jurisdiction and the crime of money laundering committed by a private individual without the privilege of venue, or vice versa, and in the event that both defendants have jurisdiction due to the prerogative of function, but which the Constitution assigns to different courts.

About the Classification of Housing Legal Relationship to Regulatory and Protective

2021 ◽  
pp. 39-45
Author(s):  
A.V. Mil’kov ◽  
◽  
S. I. Mukhametova ◽  
Keyword(s):  
Research Methods ◽  
The Past ◽  
Legal Relationship ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
The Subject ◽  
Goals And Objectives ◽  
Detailed Presentation

Statement of the problem. The question of the classification of housing legal relations into regulatory and protective ones is not debatable. But not because there is a consensus on this issue in the doctrine, but because until now it has not become the subject of special research. In some works, one can find a brief mention of the division of housing legal relations into regulatory and protective, but it is difficult to find a detailed presentation of the author’s position on this issue. Against the background of the active development of the classification of civil legal relations into regulatory and protective inattention to this issue in the science of housing law looks like a serious omission over the past decades. Goals and objectives of the study. The article discusses the main provisions justifying the classification under consideration, examines the attitude towards it in the literature of a housing legal nature. Research methods: the article uses a logical method, and above all such techniques as analysis and synthesis, functional and comparative legal methods. Results, brief conclusions: ignoring the classification in question leads to contradictions in the doctrine of housing legal relations, to the ingraining of unreliable ideas about the ratio of the categories included in this doctrine. It seems important to carry out further research of housing legal relations on the basis of a consistent classification of housing legal relations into regulatory housing legal relations and protective housing legal relations.

15. Remedies providing for specific relief and restitutionary remedies

2021 ◽  
pp. 769-796
Author(s):  
Robert Merkin ◽  
Séverine Saintier
Keyword(s):  
Attorney General ◽  
Supreme Court Decision ◽  
Case Law ◽  
Contract Law ◽  
The Supreme Court ◽  
Specific Performance ◽  
Total Failure ◽  
One Step ◽  
The Subject ◽  
Selection Of

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter deals with remedies providing for specific relief and so-called ‘restitutionary’ remedies. It first considers debt claims (agreed sums), before turning to specific performance and injunctions. It concludes by discussing restitution—recovery where there has been a total failure of consideration, and recovery on a quantum meruit (as where a contract fails to materialize)—following the Supreme Court decision of Morris-Garner and another v One Step (Support Ltd) and its impact on Wrotham Park damages and the availability and nature of the account of profits in Attorney-General v Blake.

7. Privity of contract and third party rights

2021 ◽  
pp. 307-358
Author(s):  
Robert Merkin ◽  
Séverine Saintier
Keyword(s):  
Common Law ◽  
Case Law ◽  
Contract Law ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
The Subject ◽  
The Common ◽  
Contractual Obligations ◽  
Privity Of Contract

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter examines privity of contract, its relationship with consideration, and the ability of third parties to enforce contractual provisions for their benefit. The doctrine of privity of contract provides that the benefits of a contract can be enjoyed only by the parties to that contract and only parties can suffer the burdens of the contract. At common law, third party beneficiaries could not enforce a contractual provision in their favour so various devices were employed seeking to avoid privity. Statute now allows for direct third party enforcement but in limited circumstances. This chapter examines the background to privity and the attempted statutory reform in the Contracts (Rights of Third Parties) Act 1999 as it has been interpreted in the case law. The chapter also discusses the common law means of avoiding privity as illustrated by the case law, e.g. agency, collateral contracts, and trusts of contractual obligations. Finally, it assesses the remedies available to the contracting party to recover on behalf of the third party beneficiary of the promise, including the narrow and broad grounds in Linden Gardens Trust. It concludes by briefly considering privity and burdens—and the exceptional situations where a burden can be imposed on a person who is not a party to the contract.

5. Content of the contract and principles of interpretation

2021 ◽  
pp. 171-250
Author(s):  
Robert Merkin ◽  
Séverine Saintier
Keyword(s):  
Common Knowledge ◽  
Case Law ◽  
Contract Law ◽  
Supply Contracts ◽  
The Subject ◽  
Selection Of

Poole’s Casebook on Contract Law provides a comprehensive selection of case law that addresses all aspects of the subject encountered on undergraduate courses. This chapter examines what the parties to a contract have undertaken to do; that is, the terms of the contract, and the principles determining how the courts interpret the meaning of those contractual terms. It considers whether pre-contractual statements are terms or mere representations. The chapter then turns to written contracts, focusing on the parol evidence rule, entire agreement clauses, and the effect of signature on the contractual document. It also discusses oral contracts and incorporation of written terms in such contracts by means of signature, reasonable notice, consistent course of dealing, and common knowledge of the parties. In addition to express terms, this chapter looks at how terms are implied, particularly terms implied by the courts—terms implied in law and terms implied in fact. There is discussion of the typical implied terms in sale and supply contracts in the B2B and B2C context. Finally, this chapter focuses on the principles governing the interpretation of contractual terms.

Duty to renegotiate in international commercial law and uncontemplated behavioural effects

2020 ◽  
Vol 27 (4) ◽  
pp. 445-464
Author(s):  
Mitja Kovač
Keyword(s):  
Contract Law ◽  
Jel Classification ◽  
Commercial Law ◽  
European Contract ◽  
Behavioural Effects ◽  
The Subject ◽  
Unforeseen Contingencies ◽  
Common European Sales Law ◽  
International Instruments ◽  
European Contract Law

This paper explores possible uncontemplated effects and behavioural implications created by duty-to-negotiate provisions in international instruments. More precisely, the paper considers how five different international instruments approach the subject, namely the Convention on Contracts for the International Sale of Goods (CISG), UNIDROIT Principles of International Commercial Contracts (PICC), Principles of European Contract Law (PECL), Draft Common Frame of Reference (DCFR) and Common European Sales Law (CESL). The extent to which these international and European legal instruments correspond to recent economic and behavioural findings is examined. Moreover, an economically inspired analysis is conducted of the uncontemplated consequences of the duty to renegotiate that well-intended international lawmakers never anticipated. Further, it is suggested that game theoretical and behavioural reasons might exist for adopting a cautious approach to the duty to renegotiate in instances of unforeseen contingencies as found in the CISG as well as the English, German, US and Scottish law of contracts. JEL classification: C23, C26, C51, K42, O43

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