scholarly journals Compensating a Legal Person for Moral Damage in Jordanian Law

2022 ◽  
Vol 15 (2) ◽  
pp. 1
Author(s):  
Mohammad Mahjoob Almaharmeh
Keyword(s):  
Civil Law ◽  
Civil Liability ◽  
Legal Person ◽  
Multiple Forms ◽  
Legal Personality ◽  
Natural Person ◽  
Legal Nature ◽  
Legal Texts ◽  
Moral Damage ◽  
Multiple Meanings

The issue of compensating the legal person for the moral damage it causes to it has raised a great argument of controversy in Jordan, especially in light of the refusal to recognize the rights attached to the natural person of the legal person. This research came to identify the legal nature of the legal personality and the moral damage and the position of the Jordanian law on it, and to determine the feasibility, adequacy and appropriateness of the legal texts contained in the Jordanian civil law in knowing the extent to which the legal person may be compensated for moral damage. Using the opinions of jurists and judicial and explanatory decisions, the researcher has found that moral damage has multiple forms, a research that arises from the act and assault carried out by the aggressor. As a result, it is not appropriate to limit moral damage to rigid legal texts based on what is stated in the legislation and decisions of the esteemed Court of Cassation, as the researcher recommends. The Jordanian legislator should include general provisions clarifying the civil liability of the legal person, and the researcher recommends a separate chapter in the civil law to talk about the moral damage and its multiple meanings and aspects and how to rule for compensation and claim it.

Status prawny spółki cywilnej jako beneficjenta pomocy dla rolników (zagadnienia wybrane)

2018 ◽  
Vol 72 ◽  
pp. 165-177
Author(s):  
Izabela Hasińska
Keyword(s):  
Civil Law ◽  
Theory And Practice ◽  
Separate Entity ◽  
Private Partnership ◽  
Legal Personality ◽  
Organizational Unit ◽  
Legal Nature ◽  
Agricultural Producer ◽  
Legal Entities ◽  
Agricultural Subsidy

The paper discusses the issues relating to classifying a private partnership as a separate entity – an agricultural producer. Such a classification affects the existing arrangements both in civil-law theory and practice. It goes beyond the traditional division of legal entities into natural and legal persons and confers upon a private partnership the features of an individualized and specific organizational unit. It also excludes a partner (or partners) of a private partnership from the group of entities eligible to apply for and to be granted an agricultural subsidy, which consequently results in questing statutory rules of cooperation within a private partnership. The paper aims at assessing the laid down criteria and indicating solutions relating to various opinions on legal nature of a private partnership. Additionally, the article points out the regulations which decide about the active capacity of a given entity. The Author concludes that a private partnership is nothing other than a form of cooperation among entrepreneurs-partners. If there is no entity but only the obligation to cooperate, it makes it difficult to give such an obligation a status of an agricultural producer. The legal construct of this relationship includes a clear regulation specifying who and how acquires the rights – the entitled partners and for the benefit of partners. Granting legal personality to a private partnership is against the intention of the legislator.

scholarly journals Instytucja osobowości prawnej w okresie PRL jako narzędzie ograniczania autonomii jednostek przez państwo autorytarne

2021 ◽  
Vol 43 (4) ◽  
pp. 147-156
Author(s):  
Marcin Podleś
Keyword(s):  
Civil Law ◽  
Legal Person ◽  
Formal Concept ◽  
Legal Environment ◽  
State Control ◽  
Legal Personality ◽  
Economic Unit ◽  
Authoritarian State ◽  
Positive Law ◽  
Functional Criterion

The purpose of this paper was to analyze how the regulation of legal personality by positive law affected the rights and freedoms of individuals in the period of the Polish People’s Republic. The possession of legal personality leads to the empowerment of an organization and facilitates it by pooling resources to achieve a certain goal. Having legal personality also gives an entity a certain autonomy vis-à-vis other entities, including its members and the state. The analysis has shown that in the period of the Polish People’s Republic, positive law was deliberately used to limit the possibility of creating entities with their own legal personality. The formal concept of a legal person was used instrumentally as a tool to impede the possibility of building an organization outside state control. It also led to a structurally incorrect and practically questionable recognition of the judicial capacity of entities that did not have legal personality. In addition, using the concept of an economic unit in the area of economy, a functional criterion was adopted to determine the participants of economic turnover, which also broke with the traditionally adopted in this respect approach based on legal personality. This led some of the representatives of civil law doctrine at that time to consider the institution of legal personality as useless, which testified to the fact that the legal environment and the applied mechanisms typical of an authoritarian state suppressed any autonomy and independence of interest underlying a separate legal personality.

A kezességi szerződés szabályozása a román Polgári törvénykönyv rendszerében

2020 ◽  
Vol 3 (1) ◽  
pp. 71-83
Author(s):  
Emőd Veress
Keyword(s):  
Civil Law ◽  
Final Part ◽  
Legal Text ◽  
Natural Person ◽  
Legal Nature ◽  
In Virtue Of ◽  
Legal Consequences ◽  
Material Requirements

The author of the following study presents the institution of surety as it is regulated in Romanian civil law. The notion of surety (in the sense of the person offering the guarantee) is presented, as well as the legal nature of the surety contract, and its defining characteristic of an accessory guarantee as well as the conclusion of the contract and the formal and material requirements for its validity. In the following, the author presents the various types of surety regulated in Romanian civil law. Regarding the effects of the surety contract the study presents the legal consequences specifically regulated in Romania, which arise when the debtor fails to respect his obligations. In the final part of the study, the reasons for the cessation of the effects of the surety contract, are presented, with special emphasis on the death of the surety (natural person), which, contrary to the apparent meaning of the legal text, does not result in the cancellation of any debt owed by the deceased surety in virtue of the surety contract. This debt shall remain due as part of the surety’s estate.

scholarly journals Issues in the Legal Framework of Invalidity of Transactions in Ukraine

2019 ◽  
Vol 2 (1) ◽  
pp. 67-81
Keyword(s):  
Civil Law ◽  
General Meeting ◽  
Legal Framework ◽  
Legal Person ◽  
Application Of Law ◽  
Legal Nature

This essay analyzes legal nature and grounds of nullity of transactions according to the civil legislation of Ukraine and modern civil law achievements. Correlation between invalid, void and illegal transactions is set. It establishes the specifics of invalid transactions, that demarks them from other similar legal categories. The essay discloses gaps and contradictions in the legislation of Ukraine, while pointing out different approaches of the application of law by the courts when it comes to the nullity of transactions, as well as offers solutions as to its improvement. The legal nature of articles of incorporation (articles of association, except for the articles of association ofa partnership) is analyzed. And issue of possibility to use provisions as to invalidity of transactions to invalidating the incorporation documents of a legal person and/or decisions of the general meeting of the partnerships is set.

scholarly journals Robotization: Dynamics of legal regulation

2020 ◽  
Vol 11 (3) ◽  
pp. 532-549
Author(s):  
Yuriy A. Tikhomirov ◽  
◽  
Saria B. Nanba ◽  
Keyword(s):  
Legal Regulation ◽  
Legal Person ◽  
Complex Nature ◽  
Technical Documentation ◽  
Legal Personality ◽  
The Public ◽  
Social Sphere ◽  
Legal Nature ◽  
Legal Risks ◽  
Self Development

The article analyzes the legal basis of robotization. The regulation features in this area are formulated due to the complex nature of the relationship. The legal problems of robotization in various areas of public life are given consideration: economics, labor relations, industry, and transport. The authors investigate the legal nature of managing state affairs in connection with the robotization process. Achieving high goals requires systematic consistent activity in all sectors of the economy and social sphere. This involves, firstly, general regulators, and secondly, the development of robotization in individual industries and fields, at enterprises and companies on a territorial scale. In particular, such is the experience of larger enterprises and here local regulators are necessary. It is proposed to formulate a system of legal support for robotization. The variation of robotization and its legal support is substantiated. In this regard, the role of methodological recommendations of the federal authorities should be combined with the updating and streamlining of departmental regulatory and technical documentation in electronic form. The problem of regulatory risks is becoming more relevant and the authors distinguish three types of possible risks in the field of robotization: traditional legal risks (violation of the legal system, criteria for choosing a legal personality, the absence of forecasting consequences and the presence of conflicts, etc.); risks as a result of flaws in the interaction of man and robot (unclear decision-making modes, poor “embeddedness” regarding dialogue modes in the control mechanism, underestimation of functional modes, etc.); risks of a program- technical nature, when errors in programs and the use of robots require their warning due to the clear regulation of objects of activity. The conclusions reached by the authors are that the robotic processes are planned and phased in the context of managing the public process; different branches of law are designed to ensure the functioning of robots; it is necessary to investigate the consequences of robotization for a “legal person”, its self-development, as well as new areas of the influence of law in place of the former.

scholarly journals COMPENSATION FOR INFRINGEMENT OF EXCLUSIVE RIGHTS

2021 ◽  
pp. 123-129
Author(s):  
D. Lando ◽  
T. Audzeyeva
Keyword(s):  
Civil Law ◽  
Civil Liability ◽  
Hybrid Form ◽  
Judicial Practice ◽  
Legal Nature ◽  
Complex Hybrid ◽  
Further Development ◽  
Functional Purpose

The article defines the fundamental questions of legal nature and functional purpose of compensation for infringement of exclusive rights. The place of compensation is assessed both in the system of civil law remedies in general and in the system of remedies for infringement of exclusive rights in particular. The authors conclude that compensation is a complex (hybrid) form of liability in which the compensatory and punitive functions of civil liability are realized with the prevalence of the punitive one. On the basis of this conclusion, the criterion for determining the amount of compensation is proposed and justified. The legislative consolidation of this criterion and its further development in doctrine and judicial practice will contribute to the correct perception of compensation as a remedy and its application in accordance with its purpose.

scholarly journals Sources Of Corporate Law Of Ukraine : Features Of Systematization

2019 ◽  
pp. 49-58
Author(s):  
O.S. Oliinyk
Keyword(s):  
Civil Law ◽  
Corporate Law ◽  
Corporate Education ◽  
Public And Private ◽  
Legal Personality ◽  
Private Interests ◽  
Judicial Practice ◽  
Legal Nature ◽  
Structural Parts

In the article research is carried out and such fundamental legal category as «source of right» is analysed. A concept «source of right» is today multidimensional, can be examined as in wide so in a narrow value. On the specific of sources of right can influence him branch belonging. In the presented article the «source of right» is examined in a formal aspect and answers formal definiteness. On the basis of the general theoretic going near a concept «source of right» a concept «source of corporate law» is certain in the article. Drawn conclusion, that source corporate it is an external form of expression of norms of corporate law. It is marked that legal nature of sources of corporate law is related to the concept of corporate law and concept of corporate legal relationships. The concept of the system of sources of corporate law is offered in the article. Signs over of the system of sources of corporate law are brought. Criteria are marked for classification of sources of corporate law, that are in basis of the system. Drawn conclusion, that basic structural parts of the system of sources of corporate law are normatively-legal acts, corporate acts, normative agreement, corporate customs, judicial practice. In the article the author supported the position that corporate law is an integral part of civil law. Therefore, the sources of corporate law are an integral part of civil law sources. The author divides the sources of corporate law for their legal force, under the subjects of rulorcreativity, by means of acceptance, for the purpose of adoption. The article emphasizes the importance of corporate acts in the regulation of corporate legal relations. Corporate acts in the article are considered as actions aimed at emergence or realization of corporate legal personality of participants of corporate education. It is concluded that corporate acts have a contractual, and not a lawful nature. It is stated that when creating corporate acts both public and private interests of interested participants are taken into account.

scholarly journals PECULIARITIES OF A PERSON'S CIVIL LIABILITY IN CASE OF EXERCISING THE RIGHT TO SELF-DEFENSE AND IN EXTREME NECESSITY

2021 ◽  
pp. 21-26
Author(s):  
I. Dzera
Keyword(s):  
Civil Law ◽  
Civil Liability ◽  
Legal Regulation ◽  
Civil Code ◽  
Self Defense ◽  
Legal Nature ◽  
Compensation For Damage ◽  
Contractual Obligations ◽  
The Right ◽  
Commission Agent

Civil law provides both general rules that provide the grounds and procedure for liability for damage to a person, and special grounds for bringing or release from such liability in the event that the person causing such damage carried them out in self-defense or extreme necessity. Therefore, it is important to clarify the specifics of civil liability of a person in the exercise of his right to self-defense and in a state of extreme necessity. The grounds and procedure for bringing a person to such responsibility are determined, the peculiarities of the subject composition are determined. A thorough study of the Civil Code of Ukraine to determine their compliance with the general principles of civil law and the need for appropriate changes and clarifications for proper legal regulation of grounds for liability and release from liability for damage caused by a person exercising his right to self-defense and in a state of extreme necessity . The development of civil legislation of Ukraine in terms of compensation for damage caused by a person in the exercise of his right to self-defense, in conditions of extreme necessity and necessary defense in order to identify gaps and contradictions and formulate proposals for recoding the Civil Code of Ukraine. The purpose of the study is to define the concept of self-defense and extreme necessity, as well as to determine the grounds and conditions of civil liability for damage caused by a person exercising his right to self-defense or in extreme necessity, as well as sanctions applied to a person. The object of the study is the legal relationship arising from the prosecution of a person who caused harm in a state of extreme necessity or in the exercise of his right to self-defense and the application of civil sanctions. To achieve this goal, the following methods were used: formal-legal to study the legal regulation of legal relations; analytical for the correct interpretation of the scope of legal content; system-structural to determine the legal nature of the studied legal relations; historical and legal for the analysis of the development of civil legislation; dialectical to identify contradictions in legal relations and legal regulation. It is noted that in determining the content of self-defense committed by a person, it is necessary to take into account the legal nature of legal relations, as the performance of self-defense actions of a legal nature are mainly contractual obligations, and self-defense actual actions – noncontractual obligations, including tort obligations. The prevailing position in civil science is that self-defense is a way of protecting civil rights and a non-jurisdictional form of realization of this protection. It is noted that self-defense can be carried out in the form of both factual and legal actions, which can be both legal and illegal. Manifestations of self-defense are measures of operational influence, which in science are called operational sanctions. They are designed to prevent specific offenses, usually in contractual obligations and can be applied by a unilaterally authorized person out of court. Varieties of such sanctions are unilateral withdrawal from the contract; unilateral termination of the obligation; actions of the commission agent, aimed at unilateral retention of the thing to be transferred to the principal, in order to ensure their claims under the contract; actions of the commission agent aimed at unilateral deduction of the amounts due to him under the contract, received by him for the principal. Illegal active and passive actions of self-defense can lead to harm to the life, health of the offender, his property, which can lead to prosecution of the person for the damage. The analysis of the norm of Art. 1169 of the CCU, which regulates liability for damage caused by a person in the exercise of his right to self-defense. It is noted that the norm of Part 2 of Art. 1169 of the Civil Code is formulated unsuccessfully, because it does not contain information about "another person" who was harmed by a person who carried out self-defense against unlawful encroachments, and therefore it is not clear who may be obliged to compensate him. In this regard, it is proposed to make appropriate changes to the norm under study in terms of clarifying the person who may be obliged to compensate, introducing the term "causer" of the damage along with the term in the article "person who committed an illegal act". As a general rule, damage caused by a person in cases of exercising his right to self-defense is reimbursed only if the limits of necessary defense are exceeded. In this case, the right to apply a sanction for damages has a person whose actions have become the basis for the application of self-defense. Damage caused to third parties in ways not prohibited by law and which do not contradict the moral principles of society, is compensated by the person who committed the illegal act, and in other cases – by the person who carried out self-defense. That is, in the first case, the third party has the right to apply sanctions for recovery. Keywords: sanctions, liability, protection, compensation for damage, tort, operational measures.

scholarly journals Civil liability of an air carrier: certain aspects

2020 ◽  
pp. 291-296
Author(s):  
Borys Soloviov
Keyword(s):  
Civil Law ◽  
Civil Liability ◽  
Air Transportation ◽  
Legal Regulation ◽  
Association Agreement ◽  
Civil Responsibility ◽  
Judicial Practice ◽  
Air Carrier ◽  
Moral Damage ◽  
Open Question

Nowadays the processes of democratization, liberalization, integration of Ukraine into European and world space take place. Theundisputed significance for these processes is the signing of the Association Agreement between Ukraine and the European Union.Thus, the rapprochement of Ukraine with the European community, which has taken place in recent years, affects the sphere of privatelaw relations, which make up the subject matter of civil law. All mentioned above facts affect the development of infrastructure inUkraine. That is why the issues related to the legal regulation of air transportation activity, including civil responsibility of air carrier,are relevant.Having analyzed current doctrine of civil law, we can conclude that nowadays researchers are paying more attention to a deepunderstanding and study of the general provisions of civil liability of the air carrier in general and various aspects and problematic issuesof it in particular. Special attention is paid to responsibility for the delays in the departure of a passenger and violation of the estimateddelivery time, delays, loss or damage to baggage caused by improper performance of air carrier’s obligations under the contract.To our mind, one of the main problems of the air transportation disputes regarding indemnification refers to the legislationapplied. The fact is that courts tend to use legislation limiting legal opportunities for protection of rights and legally protected interests.The main approaches of judicial practice regarding certain problems of civil liability of an air carrier have been determined. Particularattention is paid to the issues of compensation for moral damage caused to a passenger as a consumer of transportation servicesas a result of improper performance by the air carrier of its obligations.It is important to stress that analysis of various court decisions gives ground to conclude that compensation for moral damagecaused to a passenger is an open question which should be answered. Nevertheless, court practice has been changed recently. Legalposition formed by the Supreme Court regarding the possibility of compensation for moral damage in case the absence of enshriningsuch a person’s right in special acts of civil law, in our opinion, is absolutely correct and progressive.

A Philosophical Analysis To Uncover The Meaning And Terminology Of Person In Indonesian Criminal Law Context

2017 ◽  
Vol 1 (1) ◽  
pp. 56
Author(s):  
Nani Mulyati ◽  
Topo Santoso ◽  
Elwi Danil
Keyword(s):  
Criminal Law ◽  
Sufficient Conditions ◽  
Criminal Code ◽  
Legal Person ◽  
Philosophical Approach ◽  
Legal Personality ◽  
Legal Subject ◽  
Long Time ◽  
Definition Of ◽  
Broad Meaning

The definition of person and non-person always change through legal history. Long time ago, law did not recognize the personality of slaves. Recently, it accepted non-human legal subject as legitimate person before the law. This article examines sufficient conditions for being person in the eye of law according to its particular purposes, and then, analyses the meaning of legal person in criminal law. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research combined with philosophical approach. Some theories regarding person and legal person were analysed, and then the concept of person was associated with the accepted definition of legal person that is adopted in the latest Indonesian drafted criminal code. From the study that has been done, can be construed that person in criminal law concerned with norm adressat of the rule, as the author of the acts or omissions, and not merely the holder of rights. It has to be someone or something with the ability to think rationally and the ability to be responsible for the choices he/she made. Drafted penal code embraces human and corporation as its norm adressat. Corporation defined with broad meaning of collectives. Consequently, it will include not only entities with legal personality, but also associations without legal personality. Furthermore, it may also hold all kind of collective namely states, states bodies, political parties, state’s corporation, be criminally liable.

Sign in / Sign up

Export Citation Format

Share Document