scholarly journals A szerződés semmissége és megtámadhatósága a magyar és a román polgári törvénykönyvekben

2021 ◽  
Vol 4 (2) ◽  
pp. 103-117
Author(s):  
Zoltán József Fazakas

The validity as an essential element of contract is the basis for achieving the economic purpose set out in in it. Without validity there is no legal way to enforce the contractual content. In addition to the identity of the theoretical foundations of the legal institution of validity, significant differences can be observed between Romanian and Hungarian law. Those differences justify the performance of a comparative legal study beside several other specific reasons. The first of the this special reasons is the cross-border economic relations and the Hungarian legal society in Romania, which can play a ‚bridge’ in this matter. The real need for professional co-operation between members of the same mother tongue lawyers results summaries of the conceptual issues based on comparative legal studies. For theoretical, scientific and practical purposes the study outlines the basic issues of the nullity and avoidance of a contract, the partly different basic positions of the two legal systems, the grounds for annulment and the legal consequences.

2020 ◽  
Vol 1 (1) ◽  
pp. 1-6
Author(s):  
A.A. Gede Cahya Pratama ◽  
I Nyoman Sumardika ◽  
I Wayan Arthanaya

A representative institution takes possession of a unique characteristic since the legal consequences born by both the principal and the attorney in fact are divergent. This is why the attorney as a part of a representative legal institution in practice causes many problems. In terms of granting the attorney, what is done in practice is in opposition to the ordinary granting of power, in that, the intended attorney is given by an Indonesian citizen (hereinafter is WNI) to a foreign citizen (hereinafter is WNA) to transfer the title to land of an Indonesian citizen to the party who wants to purchase the land that has been controlled. In the study, there are two legal issues examined, the form of granting the attorney by Indonesian citizens to foreign nationals regarding the transfer of title to land and the legal consequences arising from the granting of the attorney. The results indicate that the granting of attorney is not in the form of a full action against what is granted to the attorney in fact by principal, but an act of attorney which is only an extension of the hand of the principal over what the principal wants in accordance with Article 1792 BW. The legal consequences arising from granting attorney from Indonesian citizens to foreign nationals are in full responsibility of the principal within predetermined limits. Every citizen needs pay serious attention to realising in the real actions the determination of not to transfer their ownership rights of lands to other parties outside of Indonesian citizens. This can be supported by the conducting a number of scientific studies related to the ownership of lands, including those related to anticipatory efforts towards it.


2017 ◽  
Vol 3 (1) ◽  
pp. 1 ◽  
Author(s):  
Julia Falla Wood

The aim of this article is to try to understand why the results of studies on errors in second language learning undertaken for several decades are diverse or even divergent. Some of these studies state that the mother tongue (L1) plays an important role in the learning process not only at the beginning, but also at higher levels of competency while others deny the influence of the mother tongue. The results of 60 studies on errors over a period of 40 years were contrasted to find out if a link existed between the theoretical foundations, and the interpretation of data, and conclusions of those studies. The results of the meta-analysis of studies whose theoretical foundations were related to operational cognitive strategies showed a continuum from partial to an important role of L1, and those related to order of acquisition, universal sequences showed a non-influence of L1. Another possible cause for this discrepancy was found in the method used to classify the errors. Finally, a possible cause could have been the methodological difficulties concerning the reliability and validity of the data. Only one third of the studies applied the control of bias and the triangulation of data.


2020 ◽  
Vol 23 (10) ◽  
pp. 36-46
Author(s):  
Borys Sulym

The main directions of development of Ukrainian-Polish trade relations are considered in the article. The positive and negative effects of cross-border cooperation in trade and investment are substantiated, as well as a number of recommendations for building mutually beneficial relations on the basis of national interests.The purpose of this article is to assess the Ukrainian-Polish trade and economic relations in modern conditions in order to form scientifically sound recommendations for the development of mutually beneficial cross-border cooperation, taking into account national interests.Research methods. Methods of scientific analysis are used in the critical assessment of the concept of free market and free trade; comparison in the study of the dynamics of Ukrainian-Polish trade relations; graphical method for displaying and comparing trade in goods and services and investment between Poland and Ukraine; method of generalization in the development of proposals to improve the efficiency of cross-border trade and investment between countries, taking into account national characteristics and interests.Results. An assessment of Ukrainian-Polish trade and economic relations over the past ten years is given. It is proved that Ukrainian-Polish relations in the field of trade in goods do not have significant benefits for the Ukrainian economy, as their balance is negative during the period under study. Emphasis is placed on mutual exits in the field of trade in services, where the Polish side actively uses Ukrainian enterprises to order services for processing material resources through cheap labor, which stimulates the inflow of funds into Ukrainian business, job creation and more. There is a significant predominance of Polish investment in the national economy over Ukrainian investment in the Polish economy, due to the higher development of the Polish economy and interest in building branches and subsidiaries of Polish enterprises.A number of measures have been proposed to increase the economic complexity of the domestic economy in order to increase technological exports to Poland and equalize the trade balance between the countries; the directions of development of trade in services (in particular medical services in the conditions of COVID-19), as well as measures to increase the volume of Polish investment are substantiated.


2017 ◽  
Vol 29 (2) ◽  
pp. 321
Author(s):  
Sulistiowati S ◽  
Saida Rusdiana

AbstractThis legal study discusses the provision of trucking and warehousing of goods services and services at the port. This study is intended to address issues related research problems and directions arrangements in the provision of trucking and warehousing of goods services and services at the port. This study uses empirical juridical approach of practices in the truck transportation of goods and warehousing services in the port, while the results of the study are presented in the form of descriptive analysis. The study results conclusion that it is necessary for institutional capacity of port authorities as the organizer of the cultivated commercially port so as to perform the function of government in the harbor. Port Authority set the capacity of the service, organizing auctions and provision of related services to cooperate with trucking and warehousing services provider in the harbor. IntisariKajian hukum ini membahas mengenai penyediaan jasa truk angkutan barang dan jasa pergudangan di pelabuhan. Kajian ini dimaksudkan untuk menjawab permasalahan penelitian terkait permasalahan dan arah pengaturan dalam penyediaan jasa truk angkutan barang dan jasa pergudangan di pelabuhan. Kajian ini menggunakan pendekatan yuridis empirik dari praktek penyediaan jasa  truk angkutan barang dan jasa pergudangan di pelabuhan, sedangkan hasil penelitian disajikan dalam bentuk deskriptif analitis. Hasil kajian diperoleh kesimpulan bahwa diperlukan peningkatan kapasitas kelembagaan otoritas pelabuhan sebagai penyelenggara pelabuhan yang diusahakan secara komersial sehingga mampu menjalankan fungsi pemerintahan di pelabuhan. Otoritas Pelabuhan menetapkan kapasitas layanan, menyelenggarakan lelang penyediaan jasa terkait dan melakukan kerjasama penyedia jasa trucking dan warehousing di pelabuhan. 


LOGOS ◽  
2021 ◽  
Vol 18 (1) ◽  
pp. 1-16
Author(s):  
Albertus Joni

This paper will elaborate the different Platonic elements of dialogue as philosophical basis for Gadamerian hermeneutical structures. The intersubjective cross-examination found in Plato’s Dialogue shows that the real meaning comes from the real encounters between speakers; or in Gadamer’s term: encounters between text and the reader. For Gadamer, it is always important in this pursuit of meaning and truth that we examine our own prejudice. Cross-examining our own claim of truth and belief is an essential element in Gadamer’s hermeneutics. I argue that we can see how the Platonic model of dialogue is easily aligned with the Gadamerian positive approach towards ‘traditions.’ There is a constant dialogue at work in interpretation, a dialogue between the past and the present, between different traditions and points of view. Dialogue is an important keyword for both Plato and Gadamer in their efforts to their existential quest of wisdom.


2018 ◽  
Vol 8 (4) ◽  
pp. 399 ◽  
Author(s):  
Qin Xie

News discourse is one of main analysis subjects of critical discourse analysis. People can know the opinions implied by the author and grasp the real situation of the events described in the discourse by critical discourse analysis. Furthermore, it is beneficial for the audience to establish the critical awareness of News discourse and enhance the ability to critically analyze news discourse. Based on the discussion of the concept of news discourse and critical discourse analysis, the theoretical foundations and steps of critical discourse analysis, the paper illustrates the method of the critical analysis of news discourse. The author also puts forward issues that needed to pay attention to in order to improve the ability of news discourse analysis.


2021 ◽  
Vol 57 ◽  
pp. 71-83
Author(s):  
Justyna Żylińska

The subject of this study is an analysis of the detainee’s right to have contact with a lawyer or solicitor and to direct consultation with them as an element of the right of defence. The right of defence is also applicable with respect to detainees. An important element in the process of its fulfi lment is the real contact of the detainee with a lawyer or solicitor. In particular, it allows the detainee to obtain legal advice, not only with respect to the current procedural situation but also with respect to further legal consequences and ultimately effect the rights of defence to which the detainee is eligible in the manner consistent with his/her actual procedural interests. The author’s intention is to examine the scope and rules of application of the rights of the detainee as set out in Art. 245 of the Criminal Procedure Code and the analysis of its effect on the detainee’s effective exercising of the right of defence.


2017 ◽  
Vol 7 (1) ◽  
pp. 1-18 ◽  
Author(s):  
Nazih Selmoune ◽  
Zaia Alimazighi

Data warehouses have become over the last two decades an essential element in the area of economic intelligence. Although the basic concepts related to this technology are now more standardized (multidimensional model, OLAP technology...), the design method issue remains in discussion, since no proposed method does seem attractive enough to be used rigorously in the real case studies. Indeed, most of the 'Data Warehouse projects' simply follow some design guidelines from the most informal methods. In this paper the authors propose an approach based on the use of the sources metadata to provide help in the multidimensional design. Their approach falls into the category of supply-driven methods, and attempts to cover the various stages of the lifecycle of data warehouses design. The proposed method is associated with a MultiDimensional Design Assistance environment (M2DA) to support the automatic and semi-automatic steps, providing the expected forms of assistance, and managing the interaction with the designer.


2019 ◽  
pp. 68-79
Author(s):  
Yu. I. Budiak ◽  
B. A. Giter ◽  
E. A. Grechko

After WWII the transformation of the Czech-Austrian borderlands is connected with destruction of single ethno-cultural and economic space, lengthy period of the border impenetrability, social and economic backwardness of the borderlands. That period of Czech-Austrian relations has had lasting impact, strengthening the mental borders between the Austrian and the Czech that slows the recovery of the ties. The Czech-Austrian interaction within the framework of euroregions play a significant role in the revival of relationships. Among the existing in the Czech Republic euroregions with the participation of Austria (Shumava, Pomoraví, Silva Nortica), only Silva Nortica completely based on bilateral Czech-Austrian cooperation for the sustainable development of border areas. The article examines causes and consequences of the Czech-Austrian ties destruction, as well as the process of their recovery using the case of the Euroregion Silva Nortica. In the paper, we showed the importance of non-economic factors in the development of cross-border cooperation. Despite significant progress in the economic relations between Austria and the Czech Republic, especially in trade and tourism, the interaction in the borderlands remains low. To enhance this interaction, the countries attempts to create new “points of attraction” by consolidation of public services, for example, fire department within the euroregions


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