Zdolność sądowa podmiotów ogólnego prawa cywilnego materialnego

2018 ◽  
Vol 75 ◽  
pp. 131-166
Author(s):  
Robert Obrębski
Keyword(s):  
Civil Law ◽  
Legal Capacity ◽  
Valid Trial ◽  
Legal Relationship ◽  
Civil Proceedings ◽  
The Status ◽  
Judicial Proceedings ◽  
The Subject ◽  
Substantive Law ◽  
Subjective Rights

Judicial capacity consists in the transposing of substantive law subjectivity to proceedings under civil law in a form allowing valid proceedings closing with a judgment, said proceedings involving the participation of a specific entity. A party without capacity for the status of specific subjective rights or legal relationship cannot expect to participate in a valid trial closing with a judgment. Three categories of entities with general legal capacity – private individuals (natural persons), legal persons, and organisational units as stipulated by provisions of Article 64 §11 of the Civil Proceedings Code – have been equipped with judicial capacity, as they can be party to legal relations constituting the subject of action. The participation of such entities in proceedings under civil law – while potentially concerning any case – shall only apply to cases under civil law wherein entities as duly indicated act to protect their legal circumstances associated with events potentially occurring prior to the commencement of judicial proceedings. They should only appear as parties in civil cases involving their activities on their own behalf and to their own benefit.

scholarly journals Subjects of Hereditary Succession and Subjects (Participants) of Hereditary Legal Relations

2019 ◽  
pp. 136-157 ◽  
Author(s):  
Maryna BORYSLAVSKA
Keyword(s):  
Active Duty ◽  
Legal Capacity ◽  
Legal Relationship ◽  
Legal Obligations ◽  
Civil Status ◽  
The Subject ◽  
The Moment ◽  
Compulsory Subject ◽  
Subjective Rights ◽  
The Relationship

The article explores the peculiarities of the hereditary legal relationship, which allow to characterize its subjective composition. It has been established that hereditary legal relations are regulatory, but in case of violations of hereditary rights are transformed into protective ones. The relationship between the concepts of «subject of hereditary law», subject of hereditary succession, «subject of hereditary legal relationship», participant of hereditary legal relationship has been studied. It has been established that a testator and a heir are subjects of hereditary succession. The conclusion that the heir cannot be the subject of an inherited succession is further confirmed, since from the moment of death his legal capacity ceases. The heir is the central or compulsory subject (participant) of the hereditary legal relationship, because without the heir of the hereditary legal relationship there can be no legal relationship at all. It has been established that the categories «participant of hereditary legal relations» and «subject of hereditary legal relations» are identical and derived from «subject of hereditary law». It has been proved that the hereditary legal relationship should be considered conditional-absolute, as the passive duty belongs to absolutely all persons, and the active duty — to the notary. The existence of hereditary main and hereditary auxiliary legal relations has been established. The participants of hereditary legal relations were classified by the criterion of their subjective rights and legal obligations and by the presence of their interest in inheritance. A general analysis of the civil status of the heir and heir was carried out. The question of the granting of dough capacity to minors (including emancipated minors) is raised. Heirs were classified by the peculiarities of calling for inheritance, by the fact of awareness of the discovery of inheritance, by the place of residence of heirs. Since the vast majority of heirs are individuals, a more detailed analysis focuses on heir individuals. The experience of various countries on post mortem reproduction and the possibility of inheritance by such children has been studied.

scholarly journals Participants in the procedure and evidence in the civil judicial proceedings

2021 ◽  
Vol 2 (2) ◽  
pp. 36-41
Author(s):  
Oleksandra Nestertsova-Sobakar
Keyword(s):  
Mentally Ill ◽  
Legal Status ◽  
Customary Law ◽  
Legal Capacity ◽  
Civil Process ◽  
Civil Proceedings ◽  
The Status ◽  
Long Time ◽  
Judicial Proceedings ◽  
Characteristic Features

The study deals with the peculiarities of the status of participants in civil proceedings in the Ukrainian Cossack state, as well as the main groups of evidence used in Ukrainian courts in accordance with contemporary sources of law, which contained procedural rules and were used by courts. It is noted that due to the historical political situation in the Hetmanate, sources of Polish and Lithuanian law (for example, Lithuanian statutes), hetman's powers, Russian law were used on its lands, and traditionally for a long time customary law, Cossack customary law. Characteristic features of the civil process, which began orally or in writing, were considered. The parties could be men from 18 and women from 14. In the Hetmanate there was an institution of representation of the party as a defender and lawyer, as well as parents or relatives. It is stated that procedural legal capacity did not extend to slaves, persons deprived of honor, excommunicated, exiles, and procedural legal capacity was not possessed by children, mentally ill, deaf or dumb, women who did not have a husband or guardian, and minors (men up to 18 years and women up to 14 years). The norms of the Lithuanian Statute of 1588 concerning the status of the party's representative, his role in the process, the grounds on which a person could not become a party's representative (court employee, clergyman's representative) are revealed. The main groups of evidence are covered, namely the personal testimony of the parties (in which the testimony of a person who had a higher legal status than the other party in court was considered more reliable), the testimony of witnesses, the conditions under which a person cannot be a witness, categories of witnesses ordinary and official), features of the use of religious oath as evidence, the involvement of written documents.

scholarly journals Gradient Legal Personhood for AI Systems—Painting Continental Legal Shapes Made to Fit Analytical Molds

2022 ◽  
Vol 8 ◽  
Author(s):  
Diana Mădălina Mocanu
Keyword(s):  
Paradigm Shift ◽  
Legal Status ◽  
Civil Law ◽  
Bundle Theory ◽  
Gradient Theory ◽  
Legal Capacity ◽  
Legal Personhood ◽  
The Status ◽  
Theory Framework ◽  
Theory Paradigm

What I propose in the present article are some theoretical adjustments for a more coherent answer to the legal “status question” of artificial intelligence (AI) systems. I arrive at those by using the new “bundle theory” of legal personhood, together with its accompanying conceptual and methodological apparatus as a lens through which to look at a recent such answer inspired from German civil law and named Teilrechtsfähigkeit or partial legal capacity. I argue that partial legal capacity is a possible solution to the status question only if we understand legal personhood according to this new theory. Conversely, I argue that if indeed Teilrechtsfähigkeit lends itself to being applied to AI systems, then such flexibility further confirms the bundle theory paradigm shift. I then go on to further analyze and exploit the particularities of Teilrechtsfähigkeit to inform a reflection on the appropriate conceptual shape of legal personhood and suggest a slightly different answer from the bundle theory framework in what I term a “gradient theory” of legal personhood.

scholarly journals SALE OF LAND AS A FUTURE THING

2020 ◽  
pp. 20-25
Author(s):  
O.A. Rozhkova ◽  
S.V. Voronina
Keyword(s):  
Civil Law ◽  
Land Plot ◽  
Judicial Practice ◽  
The Future ◽  
The Status ◽  
The Subject ◽  
The Right

The contract of sale of the future thing in which the land is the product deserves special attention. Atthe moment, it has developed a uniform judicial practice regarding the individualization of an unformedland plot as the subject of a contract of sale of a future immovable. In cases where, in accordance with thelaw, a land plot acquires the qualities of a divisible thing, the object of civil turnover can be not only thecorresponding land plot as a whole, but also its part, which in this case acquires the status of an independentland plot for the formation of a land plot. It seems that only after establishing (changing) the location of theboundaries of the land, i. e. formation of a land plot, it may be an object of land and civil law relations, maybe an object of ownership and other rights to land. The current legislation does not contain a ban on thepurchase and sale of a land plot, the right of ownership for which at the time of conclusion of the contractof sale was not registered in the established manner, however, the individualization of a land plot by landsurveying and cadastral registration is a prerequisite for the land the plot became the subject of a contractof sale of a future immovable.

scholarly journals Zdolność do wyrażenia zgody na zabieg przez pacjenta a zdolność do czynności prawnych

2018 ◽  
Vol 22 ◽  
pp. 121-136
Author(s):  
Katarzyna Klimas
Keyword(s):  
Medical Treatment ◽  
Civil Law ◽  
Civil Code ◽  
Patient Rights ◽  
Legal Capacity ◽  
The Status ◽  
Detailed Assessment

THE ABILITY OF A PATIENT TO CONSERT TO MEDICAL TREATMENT AND THE ABILITY TO CIVIL ACTIONSThis article is devoted to the analysis of the relation between the institution of the ability to civil actions established by the provisions of the Civil Code and the patient’s consent provided by the Patient Rights and Patient Rights Act, as well as the Act on Doctor and Dentist Professions. The work aim is to make a detailed assessment of the status of a patient equipped with full legal capacity, deprived of this ability and having restricted legal capacity, to present discrepancies between the norms regulating the subjective conditions for effective legal actions under civil law and the provisions that determine the rules for granting consent for medical treatment.

scholarly journals The contract of the management of apartment building as a legal fact and a binding legal relationship

2020 ◽  
pp. 304-308
Author(s):  
Liudmyla Yakovlieva
Keyword(s):  
Common Property ◽  
Civil Law ◽  
Material Object ◽  
Apartment Building ◽  
Adjacent Territory ◽  
Legal Relationship ◽  
The Subject ◽  
Characteristic Features ◽  
Legal Fact ◽  
Legal Consequences

The article focuses on the important role of the contract as a regulator of relations for the management of an apartment building.It is established that the value of the contract of the management of apartment building as a transaction is that its conclusion by a singlewill of the parties, first, indicates the onset of legal consequences in the form of a simultaneous legal relationship between its parties,and secondly, expresses the focus of joint action of the parties to achieve the desired results and, as a consequence, giving the partiesto the contract mutual rights and obligations in the field of apartment building management.During considering the concept of the contract of the management of apartment building, we should not only proceed from itslegal nature, which reveals the essence of the contract as a legal fact that generates certain legal consequences, but also take into accountits essence as an obligation due to the conclusion of this contract. Accordingly, the specifics of the subject of legal relations from thecontract of management of an apartment building is primarily that one of the parties to the contract is a specialized subject of civil law –an individual-entrepreneur or legal entity-entrepreneur, which under the agreement with co-owners provides proper maintenance andrepair of common property of an apartment building and adjacent territory and proper living conditions and household needs.In the context of the study of the contract of the management of apartment building regarding the object of obligatory legal relationsmediated by it, it is established in view of its legal name that its object is apartment building management services. The subjectof the contract of the management of apartment building is proposed to be understood as a set of legal and factual actions that shouldbe taken to achieve the purpose of the contract. It follows that the subject of the contract under study is the activities of the manager toprovide services for the management of an apartment building (or in general – the management of an apartment building); in this case,the apartment building, including indoor premises and adjacent territory, should be perceived as a material object of the contract understudy and the subject composition.Separately within the limits of the article the basic characteristic features of the contract of management of the apartment houseare allocated, among which: 1) civil-law nature of relations on management of the apartment building; 2) the specificity of the subjectcomposition of the contract; 3) the dual legal and material nature of the object of binding legal relations; 4) a special subject of the stu -died contract.

scholarly journals Administrative Legal Entities of Private Legal Entities as a Status Component of the Legal Regulation Mechanism: Characteristics of Elem

2019 ◽  
pp. 91-95
Author(s):  
V.V. Sukhonos
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
Regulation Mechanism ◽  
Private Law ◽  
Legal Capacity ◽  
Legal Entity ◽  
Legal Personality ◽  
The Subject ◽  
Legal Entities

The article is devoted to administrative legal personality, which is part of the structure of the administrative-legal personality of private legal entities. At the same time, it is argued that, on their own, the rules of law cannot influence the behavior of their addressees, therefore the only instrument by which legal regulation is used to help ensure such influence is the mechanism of legal regulation within which the functions of law are implemented, and specific life situations are addressed. It is noted that, like any state mechanism, the mechanism of legal regulation consists of the relevant elements, namely: norms of law, legal relations, and acts of realization of rights and obligations. Thus, we can conclude that the disclosure of the features of the mechanism of legal regulation is possible only if a thorough study of its elements. Thus, each state that there is no language and there can be no legal regulation, which in its nature and nature is different from other types of regulation. It should also be remembered that, at its core, legal regulation is not material but is done through the consciousness and will of the people. It is perfect. However, any ideal process cannot occur without the participation of matter. Based on all the above, it can be stated that one of the constituent parts of the mechanism of legal regulation is legal relations. It should be remembered that public relations also have an internal structure to which the subject, object, and content relate. However, the absence of at least one of the elements of the relationship automatically complicates, or even precludes their very existence. The same rule applies to the mechanism of legal regulation. Thus, the study of each of the components of the mechanism of legal regulation has the same scientific significance and importance as the study of the mechanism itself. Therefore, if we conduct a study of administrative-legal personality, then it must take into account its place and the impact on legal regulation as a whole. Legal personality nowadays also exists in administrative law, although the very concept of “legal personality”, as a certain characteristic of a legal entity, originally originated in civil law. However, it should be remembered that the method of administrative law is significantly different from civil law, and therefore the use of civil law expertise in the field of legal personality should be used with extreme caution. In his desire to ensure state control and the possibility of applying state coercion, the legislator adapted the rules of public law to the construction of a legal entity of private law. On this basis, it should be noted that different types of legal entities under private law would have different levels of administrative capacity. That is why the legal capacity of legal persons under private law can be recognized as administrative law, both social and legal capacity, and the need to be the subject of administrative-legal relations. Keywords: administrative-legal personality, legal entity, private law, mechanism of legal regulation.

Lo status del concepito nell’ordinamento giuridico polacco

2008 ◽  
Vol 57 (5) ◽  
Author(s):  
Joanna Haberko ◽  
Marina Casini
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Fundamental Rights ◽  
Human Being ◽  
Legal Capacity ◽  
New Born ◽  
Physical Integrity ◽  
Reform Project ◽  
The Status ◽  
Code Reform

Il contributo si addentra nell’ordinamento giuridico polacco per capire qual è lo statuto dell’essere umano non ancora nato. Ne esce un affresco interessante in cui all’esame del diritto costituzionale segue l’analisi del diritto penale e del diritto civile. Il quadro è complessivamente uniforme nel riconoscere il concepito come essere umano titolare dei diritti personalissimi e fondamentali alla vita, alla salute e all’integrità fisica, tuttavia non mancano contraddizioni e lacune che l’interpretazione dottrinale tenta di superare senza, però, riuscirci completamente. Al prospettato progetto di riforma del Codice civile avviato negli ultimi mesi è, appunto, affidato il compito di colmare le lacune e di superare le contraddizioni. L’aspetto più significativo riguarda la modifica del Codice civile per riconoscere la capacità giuridica del concepito per quanto riguarda i beni personali (vita, salute, integrità fisica), restando subordinata alla nascita la capacità giuridica per i diritti patrimoniali. Infine, l’articolo si sofferma brevemente sulla Petizione europea per la vita e la dignità dell’uomo a cui il Movimento per la vita polacco ha dato, e sta offrendo, un rilevante contributo. ---------- The contribution probes the Polish legal system to understand which is the status of the human being not yet born. An interesting fresco goes out in which the analysis of the criminal and civil law follows the analysis of the constitutional law. The picture is on the whole uniform in recognizing new born as a human being owner of the personal and fundamental rights to life, health and physical integrity, nevertheless there are contradictions and gaps, that the doctrinal interpretation is trying to overcome without, however, succeeding completely. The task of filling gaps and overcoming contradictions is just so committed to the Civil code reform project which began over the last few months. The most meaningful aspect concerns the change of the Civil code to recognize the legal capacity of new born with regards to the personal goods (life, health, physical integrity), legal capacity staying subordinate to the birth with regards to the patrimonial rights. Finally, the article dwells in short upon the European Petition for life and human dignity to which the Polish Movement for life has provided, and it is offering, a remarkable contribution.

The Description of Formative Judaism: The Social Perspective of the Mishnah's System of Civil Law and Government

AJS Review ◽  
1980 ◽  
Vol 5 ◽  
pp. 63-79
Author(s):  
Jacob Neusner
Keyword(s):  
Civil Society ◽  
Civil Law ◽  
Status Quo ◽  
Systematic Account ◽  
The Social ◽  
The Status ◽  
The Subject ◽  
The Stability ◽  
Definition Of ◽  
The Temple

Mishnah's division of Damages presents a complete and systematic account of a theory of Israelite civil law and government. While drawing on diverse materials of earlier ages, beginning, of course, with the diverse Mosaic codes themselves, Mishnah's system came to closure after the Bar Kokhba War. Like its account of the Temple and its cult, Mishnah here speaks of nonexistent institutions and prohibited activities. There being no Israelite government, Mishnah's legislation for a high priest and Temple, a king and an army, speaks of a world which may have been in times past (this is dubious) but did not exist at the time of the Mishnaic discourse on the subject. The division of damages is composed of two subsystems which fit together logically, one on the conduct of civil society—commerce, trade, real estate, the other on the institutions of civil society—courts, administration. The main point of the former subsystem is that the task of society is to maintain perfect stasis, to preserve the status quo, and to secure the stability of all transactions. In the interchange of buying and selling, giving and taking, torts and damages, there must be an essential equality of exchange. No one should come out with more than he had at the outset. There should be no sizable shift in fortune or circumstance. The stable and unchanging economy of society must be preserved. The aim of the law is to restore the antecedent status of a person who has been injured. When we ask whose perspective is represented in a system of such a character and such emphases, we turn to examine the recurrent subject-matter of the division's cases. The subject of all predicates, in fact, is the householder, the small landholder. The definition of the problems for Mishnah's attention accords with the matters of concrete concern to the proprietary class: responsible, undercapitalized, overextended, committed to a barter economy (in a world of specie and currency), above all, aching for a stable and reliable world in which to do its work.

SYSTEM OF MAIN PROCEEDINGS FOR THE PROTECTION OF PUBLIC LEGAL INTERESTS: WHAT SHOULD IT BE LIKE

2021 ◽  
Vol 10 (6) ◽  
pp. 66-83
Author(s):  
S.A. BURMISTROVA
Keyword(s):  
Public Law ◽  
Power Relationship ◽  
Criminal Proceedings ◽  
Current State ◽  
Legal Relationship ◽  
Civil Proceedings ◽  
The Subject ◽  
State Of Affairs ◽  
Administrative Proceedings ◽  
Broad Understanding

According to modern Russian procedural legislation, the protection of public legal interests is carried out in civil and administrative proceedings. In administrative proceedings, interests that are implemented in a public-law power relationship are protected; in civil proceedings, interests that are implemented in a public legal relationship based on equality of the parties are protected. The author believes that all public legal interests are united in that their implementation is significant for the whole society, its part, and an indefinite circle of people. This feature gives rise to the specifics of not only the implementation, but also the protection of public legal interests. The current state of Affairs in which some publicly-legal interests defended in administrative proceedings and the other in civil law, the author believes is wrong, because it may lead to inadequate protection and the violation of such interests in the application of procedures, not taking into account the peculiarities of the subject of protection. Based on a broad understanding of administrative proceedings as proceedings for the protection of public legal interests, with the exception of those that receive protection in constitutional and criminal proceedings, the author puts forward the thesis that in administrative proceedings there should be proceedings designed to consider disputes that are not related to legal relations. Thus, it is justified that administrative proceedings should have special administrative and administrative claim proceedings.

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