Az álképviselet szabályozása a román Polgári törvénykönyvben

The author of the following study presents the institution of unauthorized agency in Romanian civil law. The conditions and possible cases unauthorized agency are presented, as well as the facts which, although similar, cannot be considered as unauthorized agency. The author analyzes the legal nature of the contract concluded by the unauthorized agent, the legal consequences of the ratification by the principal and discusses in detail the unauthorized agent’s liability to both the principal and the third party. Finally, the study examines the conditions and consequences of the apparent authority, with special regard to the protection of the interests of the parties involved.

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La nature et l'intérêt du crédit-bail en informatique

Les Cahiers de droit ◽

10.7202/042911ar ◽

2005 ◽

Vol 29 (3) ◽

pp. 815-827

Author(s):

Claude Gilbert

Keyword(s):

New Technologies ◽

Civil Law ◽

Third Party ◽

The Third ◽

Computer Equipment ◽

Legal Nature ◽

The Third Party ◽

Legal Consequences

Third-party leasing is now part and parcel of new contractual forms that have appeared with the development of commerce. Moreover, progress in new technologies has given birth to computer contracts. In the same way that the originality of third-party leasing has stimulated thinking on the legal nature of this operation in Civil law, the technical complexity of considerations due under computer contracts has brought about the adoption of clauses specifically adapted to this type of covenant. Since the third-party lease is used to finance the acquisition of computer equipment, the ensuing note attempts to analyse the legal consequences of two converging enigmas. Briefly stated, third-party computer leasing is characterized by the distinction between hardware and software (of which the latter does not in principle lend itself to leasing operations), the particular importance of obligations on guarantees by the supplier with regard to the user, and to the presumption of technical ignorance on the part of the user. The second of these characteristics is normal in third-party leases and the last occurs frequently in computer contracts.

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The Responsibility of Notary Agreement of The Truth Under Hand Notarized as Evidence in The Process of Trial in Court

Jurnal Akta ◽

10.30659/akta.v5i2.3223 ◽

2018 ◽

Vol 5 (2) ◽

pp. 503

Author(s):

Eka Daryanti ◽

Gunarto Gunarto

Keyword(s):

Third Party ◽

The Public ◽

Strength Of Evidence ◽

The Third ◽

Legal Effect ◽

The Third Party ◽

Legal Consequences

The legal consequences under the hand agreement validated by notaries who are connected with the responsibility of Notary if the agreement be used as evidence in court. This study aims to analyze the responsibility of the Notary to the truth of the under the hand agreement that was authorized by the Notary, to analyze the legal consequences of the agreement under hand, legalized by the Notary as evidence in evidence during the trial. From the results of this research is that: 1) responsibility to the truth Notary under the hand agreement that was authorized by the Public Notary. Notary is the only guarantee certainty regarding the date, identity and signature of the parties to the agreement. Notary ensures certainty at the time of signing the agreement, that the parties who signed the agreement is valid and not others, the parties who signed properly attended and have been aware of the contents in the agreement because it is read by the notary, so that the parties can not deny, 2) the legal consequences under the hand agreement, legalized by the Notary as evidence in court proving that the under the hand agreement only give legal effect to the advantage of a perfect proofing to whom sipenadatangan about to give evidence, while against the third party free pembuktianya legal consequences. If the authentic act has the strength of evidence was perfect, under the hands of the legal consequences certificate of proof rests with the judge to consider.Keywords: Responsibility; Under the Hands Agreement; Legalization.

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Akibat Hukum Perjanjian Kawin terhadap Pihak Ketiga dalam Perspektif Putusan Mahkamah Konstitusi No. 69/PUU-XIII/2015

Jurnal Interpretasi Hukum ◽

10.22225/juinhum.2.1.3105.207-211 ◽

2021 ◽

Vol 2 (1) ◽

pp. 207-211

Author(s):

Putu Trisna Witariyani ◽

I Nyoman Sujana ◽

Ni Made Puspasutari Ujianti

Keyword(s):

Research Method ◽

Third Parties ◽

Third Party ◽

Court Decision ◽

Constitutional Court ◽

The Third ◽

The Third Party ◽

Legal Consequences ◽

Husband And Wife

Property problems in marriage often occur. With this, the couple can make a marriage agreement for those who want to separate their marital assets. One of the marriage agreement arrangements, which is mentioned in paragraph (1), namely in Article 29 of Law Number 1 of 1974 concerning marriage states that a marriage agreement can be made before the marriage takes place and binds a third party as long as the third party is involved. However, after the issuance of the Constitutional Court Decision No. 69 / PUU-XIII / 2015 the arrangement of the agreement in marriage has changed. This study aims to determine the arrangement of the marriage agreement after the Constitutional Court Decision No. 69 / PUU-XIII / 2015 and knowing the legal consequences for third parties with the existence of a marriage agreement after the issuance of the Constitutional Court Decision No. 69 / PUU-XIII / 2015. The research method used is the Normative research method where the assessment is based on legal materials from the existing literature. The results of the analysis show that the marriage agreement arrangements have changed since the Constitutional Court Decision, where the amendment is that the marriage agreement can be made before or after marriage, applies after marriage unless the parties determine otherwise, and also the marriage agreement can be changed and revoked according to the agreement of the husband and wife. . If the agreement in marriage is registered, the agreement will be enforced for the third party. Couples who want to make a marriage agreement should follow the existing rules so that the marriage agreement is valid and does not harm third parties.

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Contractual Preemptive Rights: Russian Doctrine and European Tradition in the Context of Russian Civil Code Reform

Russian Law Journal ◽

10.17589/2309-8678-2019-7-1-119-137 ◽

2019 ◽

Vol 7 (1) ◽

pp. 119-137

Author(s):

Veronika Velichko ◽

Ekaterina Terdi

Keyword(s):

Russian Federation ◽

Civil Law ◽

Third Party ◽

Effective Protection ◽

The Third ◽

European Tradition ◽

The Russian Federation ◽

The Third Party ◽

State Registration ◽

Code Reform

Problems associated with the possibility of the stipulation of preemptive rights by contract and their effective protection are researched in this article. Based on the examples of German, French and Swiss civil legislation, we establish that contractual preemption is widely used in Europe as a convenient instrument to formalize the interests of the participants in a civil turnover. In this connection, in Russian civil doctrine, the widespread idea that preemptive rights may be stipulated only by law, not by contract, should be revised.We state that the essence of the institution of preemptive rights predetermines its remedy. Historically Russian civil law provides specific remedy in case of breach of the most spread statutory preemptive rights. It is a claim by the entitled person (holder of preemption) against a third party (counterparty of obliged person whose contract breached the preemption) to transfer from the third party to the entitled person the rights and duties that arose under the contract between the third party and the obliged person. This remedy is more efficient for the entitled person than damages. In accordance with the principle of good faith, it may be used only in cases in which the third party knew or should have known about preemption. However, this requirement is complied in relation to protection of statutory preemptions only. As far as both contractual preemptive rights and contracts stipulated the latter are not recognized and not registered in Russia, such suit will be dismissed by court. The lack of effective protection of contractual preemptions impedes the creation of full-fledge system of preemptive rights in Russian civil law.In order to create effective mechanism of protection of contractual preemptive rights by giving the participants of a civil turnover the opportunity to ascertain if there is a contractual preemptions, we suggest that Russian civil legislation should be added by two registration systems. The first is a system for the registration of contracts that stipulate preemptions over immovable property (or registration of the preemptions itself which is better) provided by the Federal Service for State Registration, Cadastre and Cartography of the Russian Federation. The second is a system for the registration of notifications on the conclusion of contracts that stipulate contractual preemptive rights over movable things that could be established by an expansion of the existing system for the e-registration of notifications оf pledges of movable things under the jurisdiction of the Federal Chamber of Notaries of the Russian Federation.

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Kedudukan Hukum Anak Diluar Kawin dalam Mendapatkan suatu Warisan

JURNAL RECHTENS ◽

10.36835/rechtens.v8i1.489 ◽

2019 ◽

Vol 8 (1) ◽

pp. 81-94

Author(s):

Billy Verian Salim

Keyword(s):

Third Party ◽

Inheritance Law ◽

The Third ◽

The Law ◽

The Third Party ◽

The Right ◽

Legal Consequences

The inheritance law is a rule governing the legal consequences of a person's death against theintangible property: the transfer of wealth from the heir to the heirs. Either in the relationshipof their fellow heirs or between them and the third party. The child is still open to theopportunity to inherit the property of his parents, with the record he has been recognized byhis ayah-ibunya, while the right to justify the mother's possessions by the law is determinedautomatically without the need for a Recognition. Despite being born out of a legitimatemarriage, the acknowledged child of marriage is a hereditary heir.Keywords : law, child out of marriage, inheritance

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The Use of Receivables as Collateral in Business Practices in Indonesia

Yuridika ◽

10.20473/ydk.v36i2.25372 ◽

2021 ◽

Vol 36 (2) ◽

pp. 427

Author(s):

Rio Christiawan

Keyword(s):

United Kingdom ◽

Civil Law ◽

Third Party ◽

Business Practices ◽

The Third ◽

The United Kingdom ◽

Article 9 ◽

The Third Party ◽

To Receive

AbstractThis article discusses the enforceability of Article 9 of Law No. 42 of 1999 on Fiduciary Guarantee that allows the use of receivables as debt collateral in business practices in Indonesia. Receivables bound by fiduciary collateral is deemed as a special collateral— in the context of civil law, a special collateral will be prioritized in case the debtor does not voluntarily make when due. In business practices, long-term receivables will be established following an agreement between a debtor and a third party, and the receivables that the debtor is entitled to receive from the third party will be provided as collateral to secure the debtor’s obligations under his loan agreement with the creditor. The issue discussed in this paper is the fact that although theoretically special collateral in the form of receivables should be able to increase the creditor’s assurance of getting repaid, in practice long-term receivables put higher risk on the creditor instead. As comparison, this paper uses the accounts receivables fiduciary in the United Kingdom. The Writing Method used in this paper is the normative juridical approach with a focus on conducting juridical studies regarding the creditors' risk in the use of receivables, specifically long-term debt collateral. This paper shows that receivables that are used as collateral in fiduciary agreements actually put the greatest risk on the creditor; especially if the agreement between the debtor and the third party stipulates that in case the debtor fails to fulfil his obligations, all receivables that he is supposed to receive from the third party will be aborted and become non-existent.

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