Юридичні особи публічного права за цивільним законодавством України

2017 ◽  
Vol 70 (0) ◽  
pp. 0-0
Author(s):  
Włodzimierz Zubar
Keyword(s):  
Public Law ◽  
Civil Code ◽  
Private Law ◽  
Characteristic Features ◽  
Selection Of ◽  
Legal Entities

The article studies the characteristic features of legal entities of public law in accordance with the Civil Code of Ukraine. Comparative characteristics of legal entities of public law and private law is carried out. Criteria of differentiation of these two types of legal entities are distinguished. In addition, the arguments of authors who deny the need for selection of legal entities of public law as an independent participant of civil legal relations are considered and assessed.

scholarly journals Legal and Historical Prerequisites for the Transfer (Inheritance) of the Deceased Person Property to Public Legal Entities

2020 ◽  
pp. 125-137
Author(s):  
Maryna BORYSLAVSKA
Keyword(s):  
Public Law ◽  
Civil Code ◽  
The State ◽  
Private Law ◽  
Legal Capacity ◽  
Public And Private ◽  
Legal Personality ◽  
The Status ◽  
Legal Capability ◽  
Legal Entities

The article studies the peculiarities of participation in civil relations of such public legal entities as the state and the territorial community. It is established that according to part 2 of Article 2 of the Civil Code of Ukraine, along with legal persons of public law, they are assigned to subjects of public law. Full determination of the status of public entities in private law remains problematic. This is due to the dual status of these entities: as participants in public and private relations. It is stated that despite the fact that the State and territorial communities are primarily subjects of public law, they take part in civil relations, taking into account the signs of these relations defined in the Civil Code of Ukraine. The classification of public legal entities as special entities leads to their participation in civil relations through state authorities and other entities that are legal persons; representation of their interests by physical persons is not excluded. It is confirmed that the civil legal capability and legal capacity of public legal entities is reduced to the legal capacity of bodies acting in their interests. The acquisition of legal personality by public legal entities is carried out mainly in accordance with the norms of constitutional and administrative law. It is determined that the civil legal capacity of public legal entities is limited in scope. On the basis of the analysis of acts of legislation on inheritance of the Soviet and modern period, it is established that the current legislation provides for the maximum removal of public legal entities from the field of private law. This is manifested in hereditary relationships. Public law entities may acquire ownership of the property of the deceased if: 1) a will is drawn up in their favor; 2) if the property was not inherited by the heirs and by decision of the court is recognized as fictitious and becomes the property of the territorial community. It is confirmed that under Ukrainian law the transfer of fictitious property to communal property is not recognized as inheritance. Separately, it should be noted that before the entry into force of the Civil Code of Ukraine of 2003, fictitious property in Ukraine was inherited by the state, now by territorial communities.

scholarly journals Evaluation Concepts in Russian Codifications of Civil Law

Lex Russica ◽  
2019 ◽  
pp. 37-50
Author(s):  
V. G. Golubtsov
Keyword(s):  
Essential Feature ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
Civil Code ◽  
Property Law ◽  
Private Law ◽  
Private And Public ◽  
The Impact ◽  
Basic Evaluation

Based on general legal and civilistic experience in the study of evaluative concepts, the author investigates the general and the specific in their civil law nature. As the result of the study, the author draws the conclusion that the existence of evaluative concepts forms a distinctive essential feature of civil law as private law. It is noted, however, that the doctrine, law-maker and law-enforcer need basic guidelines that will allow to define objective criteria for nominating concepts as evaluative, as well as for determining the boundaries of their systematic interpretation. Also, the author concludes that the impact of evaluation concepts on legal regulation in private and public law is different. In civil law, depending on the localization in the text of the Civil Code, it is possible to distinguish two groups of evaluation concepts. The first group includes the basic evaluation concepts that allow us to see the goals, meaning and specifics of civil law regulation. The second group, in the author’s opinion, includes peripheral evaluation concepts that are utilized by property law and separate contractual constructions and the presence of which allows to avoid unnecessary causality and, at the same time, makes it possible to bring legal regulation closer to real relations.

Preventive Duties under Private and Public Law scilicet spei permultum sed rei paulum

2020 ◽  
Vol 2 (103) ◽  
pp. 51-71
Author(s):  
Dariusz Fuchs
Keyword(s):  
Contract Law ◽  
Legal Aspects ◽  
Public Law ◽  
Civil Code ◽  
Insurance Contract ◽  
Private Law ◽  
Public And Private ◽  
Private And Public ◽  
European Insurance ◽  
The Relationship

The article aims at discussing preventive obligations incumbent on the insurer and other entities of the insurance relationship, in particular on the policyholder. The analysis takes into account comparative legal aspects, and therefore refers to the Principles of European Insurance Contract Law (PEICL). The author emphasizes the evolution of the provision of Article 826 of the Civil Code, which has changed his views on the scope of the preventive obligation under insurance contract. He points out the possible differences of interpretation as to the scope of the prevention as well as the issue of the insurer's reimbursement of costs due to its implementation by the policyholder. What is more, the relationship between public and private law standards has been presented, with a particular focus on Article 826 of the Civil Code. Finally, de lege ferenda conclusions have been presented.

scholarly journals PLEDGE LAW REGULATION IN THE NEW CIVIL CODE OF THE CZECH REPUBLIC

2017 ◽  
Vol 3 (4) ◽  
pp. 87-92
Author(s):  
Ольга Сакович ◽  
Olga Sakovich
Keyword(s):  
Czech Republic ◽  
Special Property ◽  
Legal Regulation ◽  
Civil Code ◽  
Law Reform ◽  
Private Law ◽  
The Czech Republic ◽  
Selection Of ◽  
Law Regulation

This article is devoted to analysis of the pledge law regulation in the Civil Code of the Czech Republic. The Civil Code was adopted within a private law reform. The author addresses the fact of renouncing dualistic system of private law. The notion of pledge in Czech law is discussed. The article places special emphasis on the evaluation of the pledge agreement’s position in the pledge relationships together with correlation of the contract and law’s state in course of pledge agreement negotiation. Requirements to the form of contract and its content depending on a pledged assets are esteemed. The article also includes comment on the Czech law approach to the registration of the pledge titles and security interests. The articles of the newly adopted Civil Code are compared with prior legal regulation in the Czech Republic. The author focuses on characteristics of special types of pledge such as pledge of shares, securities, account of paperless securities’ owner, rights in action and special property. The procedure for levying execution is examined in the article in combination of analysis of the role of parties’ declaration of intent in a process of selection of assets disposal method. There are such methods as public sale and enforced sale. Both methods’ procedures are regulated by special laws. The article gives priority of claims in case of asset disposal which is stipulated by the Civil Code.

scholarly journals Das ukrainische Wirtschaftsgesetzbuch im Lichte der Zivilrechtsreform

2020 ◽  
Vol 66 (2) ◽  
pp. 288-299
Author(s):  
Eugenia Kurzynsky-Singer
Keyword(s):  
Legal System ◽  
Public Law ◽  
Civil Code ◽  
Social Conditions ◽  
Private Law ◽  
Commercial Law ◽  
Legal Reforms ◽  
Careful Revision ◽  
Legal Thinking ◽  
The Individual

The coexistence of the Civil Code and the Economic Code is a speciality of the Ukrainian legal system which distinguishes it from the most other jurisdictions in the post-Soviet area. The Economic Code is controversially discussed among legal scholars, whereby the most discussed points are the legislative technique of combining public law and private law issues, as well as the fact that some provisions of the Economic Code contradict provisions of the Civil Code. Having its roots in the Soviet legal system and the academic discourse of the Soviet era, the Economic Code to a certain extent conserves Soviet legal thinking in contemporary Ukrainian law. Thus, the reform of economic law should be one of the priorities of legal reforms in Ukraine. A careful revision of the individual provisions and general principles of Ukrainian commercial law with regard to the question whether they are still functional under the current economic and social conditions would be much more important than a general discussion about the Economic Code as such.

scholarly journals -Son Değişiklikler Kapsamında- Kamu Hizmeti İmtiyaz Sözleşmeleri Uyuşmazlıklarında “Tahkim” / -In the Context of the Recent Amendments- "Arbitration" In Public Service Concession Agreement Disputes

2018 ◽  
Vol 7 (2) ◽  
pp. 600
Author(s):  
Ayhan Dolunay
Keyword(s):  
Public Service ◽  
Administrative Law ◽  
Public Law ◽  
Private Law ◽  
Provision Of Services ◽  
Financial Burdens ◽  
Private Contracting ◽  
Legal Entities

<p><strong>ABSTRACT </strong></p><p>Public law concession agreements, contracts between administrative and private law real or legal entities. Contracts aimed at ensuring the provision of services without undergoing high financial "burdens". In the case of disputes concerning public service concession agreements, preference is given to the settlement disputes with arbitral jurisdiction rather than settlement of court disputes, usually by private contracting parties. In our work, firstly we will give information about the concept of public service concession agreement and arbitration, then, in the Turkish administrative law, the "obstruction of arbitration", which will rule until 1999, and the elimination of the ban will be discussed. Later, the elements and procedure of the arbitration will be examined in detail in the context of "recent changes", followed by the determination of the substantive rules of law to be applied to the merits of the dispute in the arbitration proceedings, and finally, to be given information about the decisions to be made on the basis of the arbitration proceedings.</p><p><strong>ÖZ</strong></p><p>Kamu hukuku imtiyaz sözleşmeleri, idare ve özel hukuk gerçek ya da tüzel kişileri arasında akdedilen ve idarenin, teknoloji, iş gücü vb. konularda, yüksek mali “yük”ler altına girmeksizin, hizmet sağlanmasını amaçlayan sözleşmelerdir. Kamu hizmeti imtiyaz sözleşmeleri ile ilgili söz konusu olabilecek uyuşmazlıklarda ise, sözleşmeye taraf özel hukuk kişilerince, genellikle, mahkemelerce uyuşmazlığın çözümü yerine, tahkim yargılaması ile uyuşmazlığın çözümü tercih edilmektedir. Çalışmamızda, öncelikle, kamu hizmeti imtiyaz sözleşmesi ve tahkim kavramları hakkında bilgi verilecek, ardından, Türk idare hukukunda, 1999 yılına kadar egemen olan “tahkim yasağı” ve yasağın bertaraf edilmesi hususları ele alınacaktır. Sonrasında ise, tahkim yargılamasının unsurları ve usulü detaylı olarak, “son değişiklikler kapsamında” incelenecek, ardından, tahkim yargılamasında ihtilafın esasına uygulanacak maddi hukuk kurallarının tespiti ve son olarak da, tahkim yargılaması neticesinde hükmolunacak kararların icrası hakkında bilgi verilecektir.</p>

scholarly journals Consumer Society As A Legal Form Of Non-For-Profit Legal Entity

2020 ◽  
pp. 22-36
Author(s):  
O.I. Zozuliak
Keyword(s):  
Public Law ◽  
Scientific Article ◽  
Consumer Society ◽  
Private Law ◽  
Legal Regime ◽  
Legal Form ◽  
Legal Entity ◽  
For Profit ◽  
Business Entities ◽  
Legal Entities

The scientific article analyses the modem understanding of the term « consumer society « in Ukraine. The author gives reasons for feasibility to separate such independent legal entities’ forms as public associations and consumer societies within the group of non-business entities of the corporate type. The author explains that the membership in the non-business entity of corporate type may both generate (in consumer societies) and not generate (in public associations) the property relationships between a member of such a legal entity and the legal entity itself. There are criteria to distinguish non-business entities of public law and non­business entities of private law, namely: 1) the approach chosen by a legislator should constitute the basis 2) the additional criteria are: the category of interest, legal regime of property, the peculiarities of the founder’s liability for the obligations imposed on the established non-business entity. The consumer society is singled out into the independent legal form of the non­business entities according to the following peculiarities: 1) the property relationship between the consumer society’s participants and the consumer society itself; they are legal entities of the private law; 2) specifics of the society participants’ liability for obligations of the society; 3) private interest of the participants (founders) makes the basis of the society activity.

scholarly journals Typological models of legal regulation of matrimonial relations through the prism of comparative approach in private law

2021 ◽  
pp. 114-125
Author(s):  
Evgeniya Pavlovna Parii-Sergeenko
Keyword(s):  
Legal System ◽  
Family Law ◽  
Legal Regulation ◽  
Public Law ◽  
Civil Code ◽  
Comparative Approach ◽  
Private Law ◽  
Legal Analysis ◽  
Exclusive Jurisdiction ◽  
Legal Criterion

This article outlines a number of typological models of legal regulation of matrimonial relations using the method of comparative-legal analysis. Leaning on the formal-legal approach, analysis is conducted on certain typological models. First and foremost, the author explores the model that is based on inclusion of the norms of family law in the Civil Code. It features two basic modifications that take roots in the reference European codifications of civil law: French (institutional) and German (pandect). Another typological model under review relies on coexistence of the two separate codes within the national legal system: civil and family. The typological distinctness characterizes the model that is based on inclusion of the norms of special statutes dedicated to family law in the Single Civil Code (for example, PRC). The development of family law may take the path of adoption of separate legislative acts (UK, USA). In some instances, federative nature of the country may also affect the development of the system of sources of family law. The countries with pluralistic legal system, either have exclusive jurisdiction over matters of family law (for example, Israel), or stimulate the processes of its modernization through adoption of a special law (for example, India). The author believes that the formal-legal criterion of typology should be correlated with the substantive aspect of the matter. From this perspective, the author highlight the two trends in regulation of matrimonial relations: the first is associated with strengthening of public law principles, while the second is associated with private law principles. The typological model depends on the dynamics of their ratio.

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