Die Vertragsstrafe im georgischen Recht

2019 ◽  
Vol 65 (4) ◽  
pp. 457-466
Author(s):  
Sergi Jorbenadze
Keyword(s):  
Civil Code ◽  
Practical Realization ◽  
Freedom Of Contract ◽  
Contractual Obligation ◽  
Legal Provisions ◽  
Reasonable Amount ◽  
European Experience ◽  
Contractual Relations ◽  
Legal Consequences ◽  
Future Demand

Contractual Penalties under Georgian Law With the development of contractual relations in Georgia, it has become more common for the parties of a contract to include conditions of a penalty in their agreement. Georgia, as a member of the continental law family, actively shares the European experience and executes the guidance of individual institutions. One proof of this fact is the inclusion of penalties in the Civil Code and its practical realization, which is characterized by interesting explanations in court. Penalty, as an additional means of securing a demand, has an accessory nature. It has predominantly a penalty (sanctioned) function that is completely independent of the damage inflicted. Thus, a penalty claim does not preclude a claim for damages. Unlike the legislation of some countries, the Civil Code of Georgia requires that the penalty must be expressed only in monetary form, which shall be written in the contract. There are two types of penalties: legal and contractual. In both cases, penalty request can be reached for breach of contractual obligation. Penalty, in Georgian Law can be expressed in different forms. In this respect, particularly selective is the so-called cumulative penalty, where the requirement to pay a fine together with the performance of the obligation is provided (preferably for a breach of the term). In contrast to the German Civil Code, the legislation does not know of Revocation in return for the forfeit money concept. One part of the thesis relates to this issue - it states that in spite of the absence of legal provisions, considering the principle of freedom of contract, its use is permitted in Georgian reality. The principal importance of the existence of these two institutions is mainly due to Article 420 of the Civil Code of Georgia: under that provision, the court may reduce the penalty to a reasonable amount, while it cannot reduce Revocation in return for forfeit money. Against the background of activating foreign (especially German) businesses and interest in Georgia, a number of agreements are concluded, whose part is from Georgia, or where the contract is based on Georgian law. In this regard, it is advisable that the contractor be more aware with regard to possible legal consequences in the case of future demand.

scholarly journals Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 441
Author(s):  
Indah Esti Cahyani ◽  
Aryani Witasari
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Freedom Of Contract ◽  
Related Statement ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.

scholarly journals PERKEMBANGAN PERJANJIAN DALAM PRAKTIK PERDAGANGAN (PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF)

JURISDICTIE ◽  
2017 ◽  
Vol 7 (2) ◽  
pp. 219
Author(s):  
Cindawati Cindawati
Keyword(s):  
Islamic Law ◽  
Human Life ◽  
Contract Law ◽  
Civil Code ◽  
Public Order ◽  
Freedom Of Contract ◽  
Positive Law ◽  
Legal Consequences

Agreement in human life to protect the rights and obligations are balanced. Differences in Islamic Law Perspective: Halal, agreed, able, without coercion, consent and Qobul. While the perspective of Positive Law: agree, capable, certain things, certain circumstances in accordance with Article 1320 of the Civil Code. The equation embracing principle of freedom of contract (al-Hurriyah) Islamic law is based on freedom of contract and volunteerism of each of the parties to a transaction (Q.S.An-Nisa ', 29). Give freedom to every person doing contract as desired, specify its legal consequences are religious teachings. The development of standard agreements in practice must be based on Sharia Principles provide benefits both parties, within the limits of lawful and unlawful, and the limits of public order and contract law, the provisions of Islamic law which is original. Perspective Positive Law: Principles embraced Open, gives the broadest freedom has entered into agreements contain anything, does not violate public order and morality. Rapid trade development followed the model "Standard Agreement". Business actors prepare raw clauses in the Agreement and can be accepted by the community. Raw agreements as a form of efficiency, the parties benefit and advantage to both parties.

scholarly journals ANALISIS YURIDIS PERJANJIAN PEMBIAYAAN KONSUMEN DAN AKIBAT HUKUM JIKA TERJADI WANPRESTASI DALAM PERJANJIAN PEMBIAYAAN KONSUMEN DI INDONESIA

2017 ◽  
Vol 3 (1) ◽  
pp. 32
Author(s):  
Umul Khair
Keyword(s):  
Research Methods ◽  
Open System ◽  
Logical Consequence ◽  
Criminal Code ◽  
Civil Code ◽  
Expected Loss ◽  
Freedom Of Contract ◽  
General Terms ◽  
The Law ◽  
Legal Consequences

In Article 1329 of the Civil Code, the agreement is divided into 2 (two) kinds, namely the named agreement (nominaat) and unnamed agreement (innominaat). Contracts or agreements develope at this time as a logical consequence of the development of business cooperation between business actors. In a treaty there is one part bind itself to another part. Consumer financing is an agreement not specifically regulated in the Civil Code, but since the book III of the Civil Code embraces an open system, parties may enter into agreements not specifically regulated in the Civil Code. The consumer financing agreement as an Innominaat agreement is also subject to general terms of agreement. In this study using normative research methods, where the authors can examine and can also learn the norms contained in legislation or norms that regulated the principle of freedom of contract according to the Civil Code so that in its implementation in accordance with applicable regulations. The results show how the implementation of consumer financing agreements in Indonesia and how the legal consequences in case of default in consumer financing agreements. First, basically the consumer financing agreement in Indonesia is conducted like other agreements in general. Consumer Financing Agreement is not like a sale or purchase agreement or a lease, but the consumer financing agreement is a combination of both applicable by the parties exercising the rights and obligations in the agreement as described above. Second, the result of the law in case of default, the agreement does not need to be requested for cancellation, but by itself has been null and void, but the provisions of Article 1266 paragraph 2 explain that the consequences of the law of default are not null and void, but must be annulled to the judge. Subsequently Article 1244- Article 1252 of the Criminal Code describes the compensation for default, namely, by paying the actual losses suffered, the fees used, and allowed to cease the expected loss of profits.

scholarly journals THE PRE-CONTRACTUAL OBLIGATION TO CONFIDENTIALITY OF INFORMATION IN THE PALESTINIAN CIVIL CODE DRAFT AND ITS ROLE IN MAINTAINING ECONOMIC CONTRACTUAL EQUILIBRIUM

2019 ◽  
Vol 10 ◽  
pp. 121-156
Author(s):  
Osama Ismail Mohammad Amayreh ◽  
Izura Masdina Mohamad Zakr ◽  
Pardis Moslemzadeh Tehrani ◽  
Yousef Mohammad Shandi
Keyword(s):  
Civil Code ◽  
Comparative Approach ◽  
Legal Basis ◽  
Contractual Obligation ◽  
Legal Provisions ◽  
Prime Objective ◽  
The Subject ◽  
Contracting Phase ◽  
English Law ◽  
The Stability

It is inconceivable that a person can be legally obliged to provide influential information to another party in order to contract freely and in an enlightened manner without requiring the latter to maintain the confidentiality of the exchanged information between the parties. In this context, Article 2.1.16 of the UNIDROIT principles of International Commercial Contracts and Article 1112-2 of the French Decree N 131-2016, etc. tend to apply the obligation to confidentiality of information at the pre-contracting phase as one of the most substantial principles governing this phase. However, the Palestinian legislature, having ignored enacting legal provisions obliging the parties to maintain the confidentiality of information in the pre-contracting phase, caused legislative deficiencies in the legislative remedies of the subject of confidentiality of information in the pre-contracting phase. A such, as a prime objective, this paper seeks to suggest orientations for the formulation of provisions for the obligation to maintain confidentiality of information in the Palestinian Civil Code Draft. Thus, an analytical comparative approach -with the French civil code- is used, while alluding briefly to German and English law, as to illustrate the Palestinian legislative deficiencies and the urgent need to legislate a legal article obligating the negotiating parties to maintain confidentiality of information, in order to contribute to the stability of civil and commercial transactions. In this regard, contractual equilibrium entails that the obligation to maintain confidentiality of information has its own independent essence from all the theories that the jurisprudence adopted as a legal basis for this obligation.

scholarly journals Preliminary Agreement Deed of Sale and Purchase Agreement (PPJB) on Houses through House Ownership Loan (KPR) Still in the Form of Pictures

2019 ◽  
Vol 6 (4) ◽  
pp. 175
Author(s):  
Syarifah Hijriyani ◽  
Salim HS ◽  
Muhaimin Muhaimin
Keyword(s):  
Home Ownership ◽  
Civil Code ◽  
Good Faith ◽  
Court Decisions ◽  
Legal Certainty ◽  
Legal Research ◽  
Mortgage Loans ◽  
Freedom Of Contract ◽  
Building System ◽  
Legal Consequences

The Research Objective is First To analyze the legal certainty of the Act of Sale and Purchase Agreement (PPJB) on houses through Housing Ownership Credit (KPR) which is still in the form of images. The second is to analyze the legal consequences of the Sale and Purchase Agreement (PPJB) deed for housing through mortgage loans that are still in the form of images.The type of research used by authors is normative research. Normative legal research is legal research that places law as a building system of norms. The norm system in question is regarding principles, norms, rules of law and regulations, court decisions, agreements and doctrines (teachings). By using an approach: Statutes Approach, Case Approach, Conceptual Approach.The results of the study that the certainty of PPJB in home ownership loans is still in the form of images is valid for the parties even though the PPJB is not regulated in the Civil Code, but the PPJB is valid as long as it meets the requirements as an agreement; not prohibited by law; in accordance with prevailing habits; as long as the agreement is implemented in good faith, the PPJB is valid and applies to both parties because it is an implementation of the principle of freedom of contract. The legal consequences of the Deed of Agreement on the Sale and Purchase Agreement (PPJB) on home ownership loans are still in the form of drawings which are the rules of both parties that must be obeyed and implemented. The deed of sale and purchase agreement can take two positions depending on how the Sale and Purchase Agreement (PPJB).

Das konzept der handlungsfreiheit im ukrainischen und deutschen zivilrecht

2019 ◽  
pp. 60
Author(s):  
ROLF KNIEPER
Keyword(s):  
Rapid Development ◽  
Civil Law ◽  
Civil Code ◽  
Federal Republic Of Germany ◽  
Economic Analysis Of Law ◽  
Freedom Of Contract ◽  
Contractual Relations ◽  
Rights And Interests ◽  
Private Autonomy ◽  
Freedom Of Action

The article focuses on researching into freedom of action and freedom of contract in civil law of Ukraine and civil law of the Federal Republic of Germany. The author makes a detailed study of the provisions of civil legislation of Ukraine, namely Articles 6 and 627 of the Civil Code of Ukraine (Ukraine’s CC) which define the essence of the principle of freedom of contract. It is established that the only limits of freedom of contract are peremptory norms which may establish special requirements in respect of the parties to particular contractual relations, and also restrictions ensuing from the need to respect the rights and interests of third parties, as well as public order. Based on the findings of the research, the author draws the conclusion that freedom of action is wider than freedom of contract, since it also covers, for example, unilateral legal transactions, such as freedom to establish the will and etc. At the same time, “freedom of contract” refers to a range of potential opportunities of the parties to particular contractual relations. The author asserts that in terms of the issues under research German civil law has no fundamental differences from Ukrainian civil law. It is noted that freedom of action and freedom of contract, and also their limitations prescribed by the German Civil Code (BGB) are generalized by the concept of private autonomy (as a rule, it is a component of free development of an individual and general freedom of action). At the same time, the author believes that in the German Civil Code there is no equivalent to Articles 6 and 627 of Ukraine’s CC, since BGB does not contain any provisions defining the principles and limits of freedom of contract, freedom of action and private autonomy. An attempt is made to present the juridical, historical and legal philosophical prerequisites of private freedom of action and private autonomy, and also the dangers which threaten them with digitalization. The author believes that the objective of finding implementation of subjective freedoms in private autonomy of civil law, at the same time discarding any reflections on efficiency, is inconsistent with the current state of development of society and the legal system. Particular attention within the framework of private-law regulation is given to the category of “efficiency”. The author notes that currently there is a trend towards perception by the scientific community, the legislator and judicial authorities of the basic provisions of the doctrine which is referred to as “economic analysis of law”. In the author’s opinion, objectivity and development of the concept of reasonable participant to legal relations which lawyers and judicial authorities base their own rational ideas on, do not contradict the foundations of private autonomy. Particular attention is given to development of smart-contracts, which the author believes to help the participants to civil relations to get rid of distrust of the counterparty, and also to avoid the insecurity of subjective rights and interests, information asymmetry, and etc. The article provides a review of the legal nature of the smart-contract, its characteristics and specific features. The author notes the rapid development of the blockchain technology and analyzes its impact on the development of civil law.

scholarly journals Kekuatan Hukum Pelekatan Sidik Jari Penghadap Oleh Notaris Pada Minuta Akta

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 436
Author(s):  
Wulan Wiryantari Dewi ◽  
Ibrahim R
Keyword(s):  
Legal Protection ◽  
Civil Code ◽  
Legal Research ◽  
Legal Relationship ◽  
The People ◽  
Notary Public ◽  
Administrative Sanctions ◽  
Legal Consequences

The notary's role is to provide legal protection to the people who use his services. The presence of a Notary is indispensable for the community concerned to hold a legal relationship with other individuals so that the Notary may also be liable. In the provisions of Article 16 paragraph (1) letter c of the Amendment Law, it is stipulated that in carrying out his position, the Notary is required to attach fingerprints on the minutes of the deed, giving rise to various polemics, because the said provisions do not stipulate further if in this case the smoker suffers from finger defects or events that result in damage to fingerprints which makes the investigator unable to put his fingerprint. The purpose of this research is to find out how the efforts that can be done by a notary against those who are unable to put fingerprints and the legal consequences of the absence of fingerprints against the strength of the deed. This research is a type of normative legal research. The results of this study indicate that efforts can be made by a notary if there are those who suffer from finger defects or experience events that cause fingerprint damage so that they cannot attach their fingerprints to the minutes of the deed, the relevant Notary can explain the matter at the end of the deed. he made it because the fingerprints attached to the address are an act that is required to a notary that can lead to administrative sanctions as contained in the Amendment Law. Due to the legal absence of fingerprints attached to the strength of the deed that is the deed made by the relevant Notary Public remains an authentic deed even though the fingerprints of the tappers are not attached based on Article 1869 of the Civil Code and the deed is valid and legally binding as long as the provisions contained in Article 1320 are fulfilled Civil Code.

scholarly journals MATRIMONIAL REGIMES IN THE NEW ROMANIAN CIVIL CODE

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Iosif Florin Moldovan
Keyword(s):  
Civil Code ◽  
The Other ◽  
Legal Documents ◽  
Legal Provisions ◽  
Marital Agreement

The matrimonial regime represents the entirety of the legal provisions concerning theproperty relations between spouses during marriage, as well as the legal documents theyconclude with other people, governing a (measurable) patrimonial asset.In addition to the legal community regime, with the adoption of the new RomanianCivil Code two new matrimonial regimes were introduced, namely the regime of propertyseparation and the regime of the conventional community.Where the two spouses opt for one of the other two regimes, instead of the legalcommunity regime, it is necessary that they should sign a marital agreement.

scholarly journals Akibat Hukum Anak yang Dilahirkan dalam Kawin Hamil

2020 ◽  
Vol 5 (2) ◽  
pp. 233
Author(s):  
R. Tetuko Aryo Wibowo ◽  
Thohir Luth
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Civil Code ◽  
Marriage Law ◽  
Illegitimate Child ◽  
The Status ◽  
Legal Consequences

This study aimed to explore deeply about the legal consequences of children born as a result of married by accident. The method used is formative juridical with the main reference Article 53 Compilation of Islamic Law, Article 250 of the Civil Code, Article 42 of the Marriage Law, and the Al-Qur’an namely Surat Al Isra ‘verse 32. The results of the study indicate that based on Compilation of Islamic Law, Article 250 of the Civil Code, and Article 42 of the Marriage Law, the legal status of a child resulting from a married by accident is a legitimate child, so it has the descent, inheritance rights, and guardianship rights of both parents. However, based on the Qur’an and the opinion of jumhur ulama, the legal status of a child resulting from the married by accident depends on the length of birth from the time of marriage. If more than six months old, the child’s status is legitimate so that he is entitled to both parents. If it is less than six months, then the status is an illegitimate child, so that he is only entitled to his mother from the descent, guardianship rights, and inheritance rights.

scholarly journals Hubungan Hukum Dokter dan Pasien Serta Tanggung Jawab Dokter Dalam Penyelenggaraan Pelayanan Kesehatan

2018 ◽  
Vol 6 (1) ◽  
pp. 163-182
Author(s):  
Yussy A. Mannas
Keyword(s):  
Therapeutic Relationship ◽  
Criminal Law ◽  
Civil Law ◽  
Civil Code ◽  
Legal Relationship ◽  
Medical Disputes ◽  
Legal Effect ◽  
Two Factors ◽  
The Relationship ◽  
Legal Consequences

Abstract:The emergence rights and obligations as a result of legal relationship between doctors and patients could potentially trigger a dispute between doctors and patients or medical disputes. In an effort to avoid or reduce medical disputes, it is necessary to understand the construction of the legal relationship between doctor and patient. From this legal relationship which will result legal actions and gave rise to legal consequences. In a legal effect, it can’t be separated is about who is responsible, as far as what responsibility can be given. It describes that relationship and the patient's physician if constructed, it can be divided based on two factors; transaction of therapeutic and act. In relation patient - physician based therapeutic, known as therapeutic relationship or transaction therapeutic, there is a binding between patients and physicians in the treatment of the disease or treatment. Engagements happens is inspanningsverbintennis and not resultaatsverbintennis, and must comply with the provisions of Article 1320 of the Civil Code. The relationship between doctor and patient is based on the Act - legislation occurred under Article 1354 of the Civil Code, which formulates zaakwaarneming. Legal relationship that occurs by two things above give rise to legal liability for doctors, the responsibility in the field of disciplinary law, criminal law, civil law and administrative law.Keywords: Doctor, Patient and Legal Relationship.Abstrak:Munculnya hak dan kewajiban sebagai akibat hubungan hukum antara dokter dan pasien berpotensi memicu terjadinya sengketa antara dokter dengan pasien atau sengketa medik. Dalam upaya menghindari atau mengurangi sengketa medik yang terjadi, maka perlu dipahami mengenai konstruksi hubungan hukum antara dokter dengan pasien. Dari hubungan hukum inilah yang akan melahirkan perbuatan hukum dan menimbulkan adanya akibat hukum. Dalam suatu akibat hukum, hal yang tidak dapat dipisahkan adalah mengenai siapa yang bertanggung jawab, sejauh apa tanggung jawab dapat diberikan. Dalam tulisan ini diuraikan bahwa hubungan dokter dan pasien ini jika dikonstruksikan maka dapat dibagi berdasarkan dua hal, yaitu transaksi terapeutik dan undang-undang. Pada hubungan pasien- dokter berdasarkan terapeutik, dikenal hubungan terapeutik atau transaksi terapeutik, yaitu terjadi suatu ikatan antara pasien dan dokter dalam hal pengobatan atau perawatan penyakitnya. Perikatan yang terjadi ialah inspanningsverbintennis dan bukan resultaatsverbintennis, dan harus memenuhi ketentuan Pasal 1320 KUHPerdata. Hubungan dokter dan pasien berdasarkan undang–undang terjadi berdasarkan Pasal 1354 KUHPerdata yang merumuskan tentang zaakwaarneming. Hubungan hukum yang terjadi oleh dua hal diatas menimbulkan tanggung jawab hukum bagi dokter, yaitu tanggung jawab dalam bidang hukum, hukum pidana, hukum perdata dan hukum administrasi.Kata Kunci: Dokter, Pasien dan Hubungan Hukum. 

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