Formation and development of civil law doctrines on the bankruptcy of business entities in the Republic of Uzbekistan

2021 ◽  
pp. 5-12
Author(s):  
G.Sh. Atalykova ◽  
O.Kh. Narzullaev ◽  
F.B. Ibratova
Keyword(s):  
Civil Law ◽  
The Republic ◽  
Business Entities

scholarly journals Keabsahan Perjanjian dan Tanggung Jawab Badan Hukum Virtual Office terhadap Konsumen yang Melakukan Perbuatan Melawan Hukum

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Arsyilla Destriana ◽  
Ali Hanafiah
Keyword(s):  
Consumer Protection ◽  
Subject Matter ◽  
Civil Law ◽  
Virtual Office ◽  
Legal Provisions ◽  
The Subject ◽  
The Law ◽  
The Republic ◽  
Business Entities ◽  
Lease Agreement

This research aims to know and explain the validity of the lease agreement on the Virtual office because the agreement has violated article 18 of the Republic of Indonesia Law number 1999 about consumer protection because it contains the raw clause and the responsibility of Virtual office to the consumer who performs the act against the law. The type of research used is empirical research on Empiris. Using case studies in the form of legal behavior products. The subject matter is the implementation or implementation of positive legal provisions and contracts factually on any particular legal event that occurs in the community in order to reach the objectives that are determined. The results of this thesis show that the agreement in the Virtual office is equal to the provisions stipulated in article 1320 of the civil law, which must be fulfilled subjective and objective terms. The accountability of Virtual office business entities to consumers who do against the law is to provide all data and information about the customer who performs the act against the law with the record of the party Virtual office has no fault and can prove that he is innocent.

THE PROBLEMS OF CRIMINAL LAW PROTECTION OF THE OIL INDUSTRY OF THE RUSSIAN FEDERATION

2020 ◽  
pp. 14-20
Author(s):  
Сергей Иванович Вележев ◽  
Антон Михайлович Седогин
Keyword(s):  
Public Relations ◽  
Russian Federation ◽  
Criminal Law ◽  
Oil Industry ◽  
Legal Analysis ◽  
The Russian Federation ◽  
The Republic ◽  
Illegal Activities ◽  
Business Entities ◽  
Criminal Groups

В статье рассмотрены актуальные вопросы уголовно-правовой охраны нефтяной отрасли Российской Федерации от преступных посягательств корыстной направленности. Иллюстрирован существенный ущерб, причиняемый преступными группами охраняемым общественным отношениям на национальном и международном уровнях. Проведен статистический и сравнительно-правовой анализ наиболее эффективных норм законодательства России и Казахстана, применяемых в ходе борьбы с подобной противоправной деятельностью. Предложено направление дальнейшего совершенствования российского уголовного закона. Нефтяная промышленность является одной из ведущих отраслей Российской Федерации, структурными сегментами которой являются в том числе объекты добычи, хранения, переработки и транспортировки нефти, а также объекты транспортировки, хранения и сбыта нефтепродуктов. Данные обстоятельства требуют принятия мер по ее защите от противоправных действий по хищению нефти и нефтепродуктов. Наряду с охранными, режимными и организационными мерами, которые осуществляют хозяйствующие субъекты, немаловажное значение имеет защита отрасли от преступных посягательств уголовно-правовым способом. В статье указывается необходимость совершенствования законодательства по обеспечению безопасности деятельности нефтяной отрасли, учитывая ее значение для экономики страны. Отмечается, что положительные результаты в поиске возможных путей совершенствования законодательства дает применение сравнительно-правового анализа уголовных норм СНГ по борьбе с преступностью в этой сфере деятельности. The article examines current issues of the criminal law protection of the oil industry of the Russian Federation from criminal attacks for mercenary reasons. The considerable damage caused by criminal groups to protected public relations at the national and international levels is illustrated. A statistical and comparative legal analysis of the most effective norms of the legislation of Russia and the Republic of Kazakhstan applied in the fight against such illegal activities has been carried out. The direction of further improvement of the Russian criminal law is proposed. The oil industry is one of the leading industries of the Russian Federation, the structural segments of that are the objects of oil production, storage, refining and transportation, as well as the objects of transportation, storage and marketing of oil product. Under these circumstances it is required totake measures for protection it from unlawful actions connected with stealing of oil and oil products. Along with security, safeguards and organizational measures that are implemented by business entities, protection of the industry from criminal attacks by a criminal law method is of no small importance. The article indicates the need to improve legislation to ensure the safety of the oil industry, based on its importance for the country's economy. It is noted that positive results in the search for possible ways to improve the legislation are provided by the use of a comparative legal analysis of the criminal norms of the CIS in the fight against crime in this area of activity.

scholarly journals PROTECTION OF A FARM IN THE COURSE OF JUDICIAL ENFORCEMENT PROCEEDINGS BY A BAILIFF" ENFORCEMENT PROCEEDINGS - GENERAL ISSUES

2020 ◽  
pp. 120-128
Author(s):  
Адріан Яворський
Keyword(s):  
Civil Law ◽  
Civil Procedure ◽  
Climatic Conditions ◽  
Agricultural System ◽  
Agricultural Activity ◽  
Family Farm ◽  
Constitutional Protection ◽  
Lower Ranking ◽  
The Republic ◽  
Special Protection

In the Polish civil law, and in the civil procedure behind it, we are dealing with increased protection of farms, in particular farms run by individual farmers. Factors justifying this special protection of an agricultural holding are the variable economic situation on the agricultural market, conducting agricultural activity in specific conditions independent of the farmer (e.g. type of soils, climatic conditions), as well as the most important, constitutional protection of individual agricultural holdings. The basis of the agricultural system of the state is a family farm (Article 22 of the Constitution of the Republic of Poland), the legislator must adjust lower-ranking provisions to this constitutional primacy, hence the above restrictions have been introduced to the code of civil procedure. Key words: court, enforcement bodies, Enforcement of a farm by a bailiff, civil procedure.

scholarly journals COVID-19 as a Catalyst for the Transformation of Contractual and Enforcement Practices

Legal Concept ◽  
2020 ◽  
pp. 31-40
Author(s):  
Yuliya Tymchuk
Keyword(s):  
Civil Law ◽  
Digital Technologies ◽  
Legal Method ◽  
Force Majeure ◽  
Logical Method ◽  
Coronavirus Infection ◽  
Business Entities ◽  
Contractual Obligations ◽  
Settlement Of Disputes ◽  
The Impact

Introduction: the article provides an overview of the impact of the coronavirus pandemic (COVID-19) on treaty and enforcement practices. The most common methods of conclusion of civil-law contracts, as well as problems of fulfillment of contractual conditions, which arose against the background of spread of coronavirus infection, are considered. Legislative innovations were analysed, which led to a change in the procedure for the execution of certain types of civil law contracts, court practice, in which the legal position of the parties was based on arguments about the coronavirus pandemic. Methods: this study used both public science (dialectical method of cognition, analysis, synthesis, formal-logical method, prognostic, etc.) and private science methods (formal-legal, method of legal interpretation, etc.). Results: it is justified to increase the demand for digital technologies in the context of measures taken by the state to prevent the spread of coronavirus infection. New trends in contract practice have been identified and considered. The possibilities of legal qualification of coronavirus as a force majeure, the circumstance that makes it impossible to fulfill obligations, a significant change of circumstances, including taking into account the available judicial practice at the time of writing, have been determined. Online settlement of disputes arising from non-performance of contractual obligations has been proved to be useful. Conclusions: based on the results of the study, the interdependence between the level of introduction of digital technologies into public administration, the judicial system, the economic activity of business entities and the possibility of adaptation to the conduct of current activities in these spheres in the context of the spread of the crown virus has been determined.

scholarly journals Analisis Daya Tampung Beban Pencemaran Kali Asem di Sekitar TPST Bantar Gebang dan TPA Sumur Batu

2020 ◽  
Vol 20 (1) ◽  
pp. 22
Author(s):  
Opy Kurniasari ◽  
Lina Aprianti
Keyword(s):  
Waste Management ◽  
Carrying Capacity ◽  
Local Governments ◽  
Solid Waste Management ◽  
River Pollution ◽  
Sampling Point ◽  
The Republic ◽  
Environmental Capability ◽  
Business Entities ◽  
Initial Sampling

The amount of waste management, especially in big cities and metropolitan areas, forms the basis for various policies. One of them is the Law of the Republic of Indonesia Number 18 Year 2008 concerning Solid Waste Management which mandates cooperation and partnerships between local governments, business entities, and the community in carrying out waste management. The carrying capacity of the environment should be one of the considerations in the preparation and determination of environmental management and recovery plans. However, in its implementation, the calculation of environmental carrying capacity is not easy. Therefore, planning is not based on environmental capability, but existing conditions, which are likely to have experienced degradation or exceeded carrying capacity. This condition is expected to cause a decrease in the carrying capacity of the environment around the Bantar Gebang TPST and Sumur Batu TPA, one of which is the Kali Asem river. Based on this, it is necessary to analyze the assimilative capacity of Kali Asem pollution around the TPST and TPA. The purpose of this study was to analyze the capacity of Asem River pollution load so that the ability of the environment in the area around TPST Bantargebang, Bekasi City to support the lives of humans and other living things. The results of laboratory analysis showed that at the initial sampling point, Kali Asem was already in a polluted condition which is characterized by high levels of BOD and COD.

scholarly journals Features of Legal Regulation of the Circulation Order of Gift Certificates

2019 ◽  
pp. 72-80
Author(s):  
Avak Vartanian
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Advance Payment ◽  
Foreign Countries ◽  
The Gift ◽  
The Usa ◽  
The Subject ◽  
The Republic ◽  
Gift Certificate

The article analyzes the novels of the legislation of the Republic of Belarus concerning the procedure for using gift certificates when selling goods (performance of works, rendering services). It has been done a comparative analysis of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus, Ukraine and some foreign countries (Canada, the USA). The author raises some problems concerning the use of a gift certificate in civil circulation. It is pointed out that there is uncertainty both in the theory of civil law and at the level of legislative regulation regarding the civil law nature of a gift certificate. It is noted that the analysis of the legislation in force in the Republic of Belarus allows us to define a gift certificate as a document certifying the property right (requirement) of its holder (bearer) to receive goods (works, services), and the amount of money contributed when purchasing a gift certificate, as advance payment (advance payment). At the same time, such an approach of the legislator is criticized due to the fact that there is a clear contradiction to the requirements of Art. 402 of the Civil Code of the Republic of Belarus, from the content of which it follows that the advance payment presupposes the existence of a contract in which the subject has been agreed, which is not typical of most gift certificates, due to the fact that they do not contain an indication of the subject of the contract. Having done the analysis of the civil legislation of Ukraine, the author makes a conclusion that there is application of the rules on a purchase agreement to gift certificates, the subject of which may be property rights in accordance with the Civil Code of Ukraine. The conclusion is made about the imperfection of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus and Ukraine, as well as about the complex legal nature of the gift certificate, regarding which legal regulation should be more universal, defining a gift certificate as an independent object of civil legal relationship.

Incomplete Organizations

2020 ◽  
pp. 199-232
Author(s):  
Henry Hansmann ◽  
Reinier Kraakman ◽  
Richard Squire
Keyword(s):  
The State ◽  
Commercial Law ◽  
Legal Entity ◽  
Business Corporation ◽  
Modern Business ◽  
The Republic ◽  
Business Entities ◽  
Insolvency Proceedings ◽  
Personal Assets ◽  
Asset Partitioning

This chapter analyzes ancient Rome’s law of business entities from the perspective of asset partitioning, the delimiting of creditor collection rights based on the distinction between business assets and personal assets. Asset partitioning, which is an essential legal attribute of modern business forms such as the partnership and the business corporation, reduces borrowing costs by simplifying credit-risk assessment and expediting insolvency proceedings. The chapter finds that ancient Roman business arrangements, such as the societas and the slave-run business endowed by the slaveowner with a peculium, did not give business creditors the first claim to business assets, making these forms of organization non-entities according to the criterion of asset partitioning. It appears that the only true legal entity used to form profit-seeking firms was the societas publicanorum, which roughly resembled the modern limited partnership. But use of that form was generally confined to firms that provided public services under contract with the state. Moreover, the societas publicanorum was essentially a creature of the Republic, and was largely abandoned during the Empire. Although Rome had a complex economy and sophisticated commercial law, and was familiar with most of the types of asset partitioning seen in modern legal systems, it ultimately failed to develop legal entities for general use in commerce. Apparent reasons include the Roman aristocracy’s disparagement of commerce, the emperors’ wariness of strong organizations outside the state, and the society’s continuing reliance on the family—a durable and complex legal entity in its own right—to handle many commercial needs.

scholarly journals Pravna znanost kao izvor građanskog prava

2020 ◽  
Vol 41 (1) ◽  
pp. 177-191
Author(s):  
Aldo Radolović
Keyword(s):  
Civil Law ◽  
Primary Source ◽  
Professional Career ◽  
The Republic

Civil law science in civil law itself is cited as a secondary, "indirect", almost less important source of civil law. Some recent tendencies, however, say the opposite - that the science of civil law is the primary source of civil law because the judge makes judgments according to the knowledge of law acquired during his studies and in later professional career. That is why talking about the civil law science as a source of this science is also a conversation about the education of lawyers at law faculties and the extension of this process after graduation. In the Republic of Croatia at this time we see significant problems in both directions and even a lag that would be desirable to overcome as soon as possible.

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