PERSONAL INSURANCE, INHERITANCE AND FREEDOM OF CONTRACT

2021 ◽  
pp. 6-20
Author(s):  
N.Ju. Rasskazova
Keyword(s):  
Freedom Of Contract ◽  
Personal Insurance

scholarly journals VIOLATION OF THE FREEDOM-OF-CONTRACT DOCTRINE IN THE LIFE AND HEALTH INSURANCE CONTRACT

2020 ◽  
Vol 6 (3) ◽  
pp. 139-143
Author(s):  
M. D. Masolkin
Keyword(s):  
Health Insurance ◽  
Legal Regulation ◽  
Insurance Contract ◽  
Practical Significance ◽  
Scientific Article ◽  
Freedom Of Contract ◽  
Legal Method ◽  
Logical Method ◽  
Civil Contract ◽  
Personal Insurance

In this article the author investigates the issue of violation of the principle of freedom of life and health insurance contract. The Institute of insurance is of great interest for legal science, as the need for life and health insurance is constantly growing, and therefore the author pays attention to the life and health insurance contract itself, namely the essential conditions and its elements. The article analyzes some of the most important questions about the principle of freedom of civil contract in general and the contract of life and health insurance in particular. The purpose of the article is to improve the modern legal regulation of personal insurance in the Russian Federation, as well as the study of judicial practice on life and health insurance, which determines the relevance and practical significance of this research. In addition, in this scientific article the author gives various scientific opinions on the principle of freedom of contract. On the basis of the conducted research for the resolution of legal problems in the field of personal insurance, the author of the article proposes to pay attention to the principle of freedom of contract when concluding a life and health insurance contract. The paper uses general scientific and special methods: analysis, synthesis, abstraction, induction, deduction, logical method and comparative legal method. The results of this study can be used in educational, scientific, forensic and other activities.

ON CONSTRUCT OF THE RIGHT OF PRE-EMPTION IN RESPECT OF PARTICIPATORY INTEREST (SHARES)

2020 ◽  
Vol 20 (4) ◽  
pp. 94-219
Author(s):  
I.S. CHUPRUNOV
Keyword(s):  
General Rule ◽  
Constitutive Theory ◽  
Freedom Of Contract ◽  
Legal Nature ◽  
Public Corporation ◽  
Russian Law ◽  
Right Of First Refusal ◽  
The Right

The paper provides analysis of the legal nature and the mechanism for exercise of the right of pre-emption (right of first refusal) in respect of execution of a contract taking as an example of right of first refusal to purchase a stake in a non-public corporation, and also examines the boundaries of parties’ autonomy and freedom of contract in this area. The author comes to the conclusion that the key elements of the construction of the right of pre-emption are the transformation powers that belong to the right holder. The author also demonstrates that, notwithstanding their dominance in Russian law, the views, which suggest that exercise of the right of pre-emption leads to “transfer of rights and obligations of a purchaser” (the translative theory), should be rejected. These views must be replaced with the constitutive theory, according to which exercise of the right of pre-emption results in a new contract between the right holder and the seller (as a general rule, on the same terms that were agreed between the seller and the purchaser).

ASAS KEPASTIAN HUKUM DAN ASAS KEBEBASAN BERKONTRAK SEBAGAI PERTIMBANGAN UTAMA DALAM PENYELESAIAN SENGKETA PERBANKAN SYARIAH (Kajian Yuridis Putusan MK Nomor 93/PUU-X/2012)

2018 ◽  
Vol 3 (1) ◽  
pp. 69
Author(s):  
Edi Hudiata
Keyword(s):  
Dispute Resolution ◽  
Judicial Review ◽  
Alternative Dispute Resolution ◽  
Contract Law ◽  
Islamic Banking ◽  
Constitutional Court ◽  
Legal Certainty ◽  
Ideal Norm ◽  
Freedom Of Contract ◽  
Binding Force

Since the verdict of the Constitutional Court (MK) Number 93/PUU-X/2012 pronounced on Thursday, August 29, 2013, concerning the judicial review of Law No. 21 of 2008 on Islamic Banking, it is no longer dualism dispute resolution. The verdict as well as strengthen the jurisdiction of Religious Court to resolve Islamic banking disputes. In consideration of the judges, judges agreed stating that Article 55 paragraph (2) and (3) of Law No. 21 of 2008 which is an ideal norm, contains no constitutional problems. The problem is the explanation of the constitutional article 55 paragraph (2) of the Act. The emergence of the Constitutional Court verdict No. 93/PUU-X/2012 which substantially states that the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 does not have binding force, basically does not violate the principle of freedom of contract which is common in contract law. The parties are allowed to make a dispute resolution agreement out of religious court based on provisions as Act No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. Keywords: dispute resolution, legal certainty and the principle of freedom of contract

User Property, User Rights, and User Privileges

2017 ◽  
Author(s):  
Pascale Chapdelaine
Keyword(s):  
Public Law ◽  
Copyright Law ◽  
Future Application ◽  
Private Law ◽  
The Public ◽  
Freedom Of Contract ◽  
Competing Interests ◽  
Regulatory Changes ◽  
Law And Policy ◽  
User Property

This chapter proposes two principles that should inform the development of copyright law and policy and of user rights. The first calls for more cohesion between copyright law, private law, and public law, and for less exceptionalism in copyright law. The second requires that the balance in copyright law be adjusted for its future application as a mediation tool between the competing interests of copyright holders, users, intermediaries, and the public. Instituting positive obligations for copyright holders in relation to users and steering freedom of contract toward the objectives of copyright law are necessary regulatory changes to rectify ongoing imbalances. The principle of technological neutrality should guide the judiciary in its application of copyright’s objective of promoting a balance in copyright law. The proposed guiding principles lead to the creation of a taxonomy and hierarchy of copyright user rights that take into account the myriad ways users experience copyright works.

Dealing with Asymmetric Information

2018 ◽  
Author(s):  
Martin Gustavsson
Keyword(s):  
Asymmetric Information ◽  
The State ◽  
Health Conditions ◽  
Depth Information ◽  
Conflicting Information ◽  
Market Organization ◽  
Personal Insurance

A dilemma for market organizers is created by the fact that sellers want to know as much about buyers as possible, whereas buyers rarely want the seller to have that information—not least for privacy reasons. This dilemma is affected by market organization, and market organization may also be used to try to change imbalances in the conflicting information interests. In the market for personal insurance, insurance sellers require in-depth information about the buyer’s health conditions, in order to make an accurate categorization. As this information is sensitive to buyers, however, and can potentially exclude them from the market, many buyers are concerned about sharing it. This chapter demonstrates how sellers have spent considerable resources trying to organize buyers. However, the considerable imbalance in favour of the sellers’ interests triggered buyers and their advocates to call for market reorganizations. Eventually the state reacted and reorganized the market, but only modestly so.

scholarly journals Innovations and Analogies in the Legal Regulation of Withdrawal from a Limited Liability Company under Current Russian Law

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 21
Author(s):  
Viktor A. Mikryukov
Keyword(s):  
Law Enforcement ◽  
Limited Liability ◽  
Fair Value ◽  
Legal Regulation ◽  
Business Climate ◽  
Positive Role ◽  
Freedom Of Contract ◽  
Study Find ◽  
Russian Law

The purpose of the study is to highlight the most significant legal gaps in the mechanism under study, find doctrinally relevant ways to overcome them casually in law enforcement, and propose options for generally filling the gaps in rulemaking. It is equally important to test the effectiveness of the analogy as a means to combat legal gaps. The methodological framework was formed by general (analysis, synthesis, abstraction, and concretization) and specific (comparative, formal, and technical legal) scientific research methods. The positive role of analogy as a method of combating legal uncertainty and the formation of legislative innovations was confirmed. The conclusion was made about the absence of a formal need for additional legislative authorization for Limited Liability Companies’ members to create a conditional or individualized withdrawal procedure. Backed by the legal analogy, the necessity to extend the freedom-of-contract doctrine in determining the fair value of a withdrawing shareholder’s share was argued. The achievements provided the basis for specific practical proposals to enhance existing Russian legislation and harmonize corporate relationships, which should improve Russia’s business climate.

Sign in / Sign up

Export Citation Format

Share Document