scholarly journals THE ROLE OF MEDIATION IN PUBLIC AND PRIVATE LAW IN THE REPUBLIC OF LATVIA

2014 ◽  
Author(s):  
Sandra Kaija
Keyword(s):  
Private Law ◽  
Public And Private ◽  
The Republic

scholarly journals Orzecznictwo i doktryna jako źródło prawa prywatnego

2018 ◽  
Vol 112 ◽  
pp. 47-65
Author(s):  
Józef Frąckowiak
Keyword(s):  
Case Law ◽  
Court Decision ◽  
Private Law ◽  
Legal Norms ◽  
Applicable Law ◽  
Legal Relation ◽  
Unambiguous Determination ◽  
Legal Literature ◽  
The Republic

JURISPRUDENCE AND DOCTRINE AS A SOURCE OF PRIVATE LAWIn Polish legal literature, it has long been pointed out that jurisprudence and doctrine have an impact on the formation of legal norms. In private law, the influence of jurisprudence and doctrine is particularly visible. Despite the unambiguous determination in art. 87 of the Constitution of the Republic of Poland, which is a source of law, and lack of case law and doctrine in this list, they play an important role in the creation of the norms of applicable law. In the private law doctrine, it is assumed that the norm of applied law is nothing else but a legal relation understood as a pattern of authorized and prescribed behavior for its parties. Such a relationship that arises from a legal event is shaped by elements derived from: ius cogens norms, parties agreement, ius dispositivi norms, non-legal norms to which the law or agreement of the parties refers, and ultimately by a court decision, within the limits specified in art. 322 k.p.c Code of Civil Procedure. The presented study is devoted to demonstrating what is the role of jurisprudence and the doctrine supporting it in the interpretation of the concepts used in the regulations and what are the relations between the legislator and the case law in this respect.

scholarly journals Analiza metodyki postępowania w procesach rekrutacji pracowników naukowych

2020 ◽  
pp. 325-345
Author(s):  
Waldemar Walczak
Keyword(s):  
Empirical Study ◽  
Code Of Ethics ◽  
Academic Staff ◽  
Code Of Conduct ◽  
Point Of View ◽  
Equal Treatment ◽  
Public And Private ◽  
Legal Provisions ◽  
The Republic

The purpose of this article is to present a multifaceted analysis concerning methodology proceedin-gs in recruitment procedures for researchers. Theoretical considerations are complemented by concusions of an empirical study. The role of scientificinstitutions and values applicable in the scientificcommunity in light of popularized theories are analyzed first.Additionally, reference is made to the principles enshrined in the code of ethics of Poland’s National Research and Development Centre.Then are discussed recommended patterns of conduct which have been recorded in the European Charter for Researchers and the Code of Conduct for the Recruitment of Researchers, paying particu-lar attention to issues relating to openness and fairness of proceedings and equal treatment.The next part of the work discusses legal regulations applicable to the employment of academics at Polish universities. It looks closely into the differences that apply to employees at public and private universities, which can be considered from the point of view of legal provisions relating to the prin-ciple of equal treatment enshrined in the Constitution of the Republic of Poland.The subsequent part of study is devoted to the conclusions of an empirical study covering the compe-tition proceedings relating to the employment of academic staff at public universities. The methodo-logy of the examination procedure is thoroughly explained and interim research questions concerning the specific issues and problems closely related to the analyzed subject are presented

Aproximación a la personalidad jurídica de las civitates romanas en época imperial

2014 ◽  
pp. 2093-2120
Author(s):  
Rosa MENTXAKA ELESPE
Keyword(s):  
Private Law ◽  
Public And Private ◽  
Roman World ◽  
Different Types ◽  
Urban Settlements ◽  
Legal Entities

LABURPENA: Artikuluan modu oso oinarrizkoan aurkezten dira (hartzaile nagusiak zuzenbide-graduko ikasleak baitira) gure aroko lehenengo hiru mendeetako legelari erromatarrek civitates direlakoek trafiko juridikoan gauzatzen zuten jarduerari buruz egindako erreferentziak. Gai aurkeztu ostean (mundu erromatarrean zeuden mota desberdinetako hiri-kokalekuen arteko diferentziak ere azaltzen dira), klasikoen testuak aztertzen dira; horietan, hiri erromatarrei aitortutako ahalmenak aipatzen dira, zuzenbide publikoaren zein pribatuaren esparrukoak. Azterlanetik kanpo geratzen dira epigrafeetan edo legelariak ez zirenen testuetan egindako aipamenak. RESUMEN: El artículo presenta, de una manera muy básica (ya que tiene como principales destinatarios a las y los estudiantes del grado de derecho) algunas de las referencias que encontramos en los escritos de los juristas romanos de los tres primeros siglos de nuestra era a la actuación de las civitates en el tráfico jurídico. Tras una presentación del tema (en la que se explica la diferencia entre los diversos tipos de asentamientos urbanos existentes en el mundo romano) se pasa revista a los textos de los clásicos en los que se mencionan las facultades reconocidas a las ciudades romanas, tanto en el ámbito del derecho público como privado, dejando fuera del estudio las menciones transmitidas en epígrafes o en escritos de no juristas. ABSTRACT: Because it is mainly addressed to students, this paper presents, in a very basic way, some references to the role of the civitates, as legal entities in legal transactions; the texts are collected from Roman jurists of the first three centuries of our era. After an introduction of the different types of varied urban settlements in the Roman, world, there is an exposition based in the recognized faculties to the cities as actors of legal transactions, both in the field of public and private law, leaving aside the references transmitted in inscriptions or in writings of non-Jurists.

Access to, and Provision of, Legal Information in the Transition from Communism to Democracy in Estonia

2006 ◽  
Vol 6 (2) ◽  
pp. 113-119
Author(s):  
Julia Laffranque
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Order ◽  
Private Law ◽  
Public And Private ◽  
Legal Information ◽  
The Rule Of Law ◽  
Democratic State ◽  
Penal Law ◽  
The Republic

The Estonian legal system has over the last decade and a half undergone a tremendous change. Quite often we have had to start from almost nothing and to develop our law very fast compared to societies with long lasting traditions of stable and well established democracy where similar reforms have taken hundreds of years instead of ten. The years that have passed since the reestablishment of Estonia's independence are characterised by reforms of the legal system, preparation for them, and finally their implementation. All these activities have stemmed from a single underlying idea - to develop a legal order appropriate to a democratic state based on the rule of law. Reforms in public and private law as well as in penal law were finalised ten years after the entry into force of the Constitution of the Republic of Estonia in 1992.

scholarly journals The Role of Private Law in the Regulation of Educational Relations

2019 ◽  
Vol 12 (5) ◽  
pp. 20
Author(s):  
Elena Vasilievna Kobchikova ◽  
Timofey Grigorievich Makarov
Keyword(s):  
Significant Role ◽  
Professional Education ◽  
Educational Institution ◽  
Civil Law ◽  
Educational Experience ◽  
Educational Services ◽  
Private Law ◽  
Educational Service ◽  
Public And Private

In this article prepared by Kobchikova E.V. and Makarov T.G., the connection between private law with educational relations is considered; it is stated that educational relations are characterized by the presence of public and private components in them. The work gives a detailed description to civil relations in the sphere of education, explores the concept of educational service, and considers the place of an agreement for rendering paid educational services among other service agreements. The authors of the article note that this agreement, just like the majority of civil law contracts, is a bilaterally binding one, i.e., both parties (educational institution and student) are bound with mutual obligations. In accordance with the principles of private law regulations, educational relations are regulated by the parties to the agreement for rendering fee-based educational services, based on the legal equality of the parties. Thus, the subjects of educational relations may create rights and obligations for themselves, as well as to change and terminate them. The authors note that agreements in the sphere of professional education allow students developing independence in learning, thus letting them controlling their educational experience in accordance with their needs and interests. All this points to the significant role of private law in the regulation of educational relations.

The Constructive Role of General Principles in International Arbitration

2018 ◽  
Vol 17 (3) ◽  
pp. 455-498
Author(s):  
Brianna Gorence
Keyword(s):  
International Law ◽  
Due Process ◽  
Private Law ◽  
International Arbitration ◽  
Public And Private ◽  
Fair And Equitable Treatment ◽  
Equitable Treatment ◽  
Unique Application

AbstractIn international arbitration, treaty standards, such as fair and equitable treatment (FET), general procedural norms, such as due process, and excuses for suspension of performance, such as the exceptio defense, draw on general principles of international law to clarify their interpretation and application. This article will (1) show what general principles of international law are, how they form and how they are distinct from general principles in domestic, public and private law systems; (2) illustrate their role with specific attention to their unique application in different international law contexts; (3) use the examples of FET, procedural norms and suspension of performance to show how general principles of international law are used in international arbitration; (4) warn against their inattentive, sloppy or haphazard use and application; and (5) ultimately highlight the benefits of incorporating general principles in international arbitration while proposing a precise methodology for their use.

Cultural diversity, human rights and inconsistency in the English courts

Legal Studies ◽  
2001 ◽  
Vol 21 (2) ◽  
pp. 192-225 ◽  
Author(s):  
Urfan Khaliq ◽  
James Young
Keyword(s):  
Human Rights ◽  
Cultural Diversity ◽  
Private Law ◽  
Public And Private ◽  
Cultural Conflicts ◽  
The Public ◽  
International Dimension ◽  
Child Abduction ◽  
The Uk

Ethnic and cultural diversity within the UK has ensured that English courts regularly have to resolve cultural conflicts. This paper concentrates on cultural conflicts in the courts where there is an international dimension to this issue and where persons not resident in the UK seek the help of the English courts. The paper does this by reference to two areas of law, asylum and child abduction, which also allows a comparison between the approach to human rights by judges in the public and private law spheres. The paper aims to highlight the in consistency of the approach among judges in child abduction cases, where the role of human rights is unclear. It contrasts this with the judicial approach in asylum cases and English law in general, where we argue human rights are increasingly influencing the attitudes to various practices justified on a cultural or religious basis.

Comparative History and the Internal View of French, German, and English Private Law

2006 ◽  
Vol 19 (1) ◽  
pp. 133-160 ◽  
Author(s):  
Catherine Valcke
Keyword(s):  
Legal System ◽  
German Idealism ◽  
Private Law ◽  
Legal Systems ◽  
Stare Decisis ◽  
Cartesian Dualism ◽  
Public And Private ◽  
Age Of Reason ◽  
Institutional Features

This Article explores the different intellectual and socio-political contexts that attended the emergence of the French, German, and English legal systems with a view to understanding French, German, and English private law from the perspective of the participants in these systems. The French legal system is a child of the Cartesian dualism that marked the Age of Reason, according to which the material world can and ought to be fully dominated by the human intellect. This conception of the relation of facts to ideas arguably is reflected in the structure and design of the French civil code, in such institutional features as the French conception of the role of the judge, as well as in the tendency of French jurists to view contractual consent subjectively. In contrast, the German legal system congealed at a time when Cartesian dualism was losing ground to German idealism. The dialectic conception of facts and ideas favoured by the German idealists arguably made its way into several institutional features of the German legal system, including the content of the BGB, the codification process, the conception of the role of the judge, the style of judicial decisions, and the greater inter-penetration of public and private law. It may also partly explain why German jurists have tended to view contractual consent as simultaneously objective and subjective. Finally, whereas both the French and the German legal systems emerged from highly intellectual contexts, the English legal system grew from a maize of pragmatic political and administrative considerations that left little room for explicit ideas. The emphasis on hard facts still is palpable in many aspects of contemporary English law, in particular, the doctrine of stare decisis, the conception of the judicial function, and the mode of reasoning by analogy. It arguably also is reflected in the tendency of English judges to privilege the objective conception of contractual consent.

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