Das römische Recht vom Error

2019 ◽  
Author(s):  
Philipp Lotmar
Keyword(s):  
Civil Law ◽  
Labor Law ◽  
Scientific Work ◽  
Contract Law ◽  
Roman Law ◽  
Private Law ◽  
The Public ◽  
Left Behind ◽  
Material Basis ◽  
The Subject

For decades, Philipp Lotmar has repeatedly and insistently focussed on the subject of error. In a monumental work, Lotmar set out to examine the countless relevant Roman sources in every area of law inside as well as outside the Corpus Juris Civilis, thus providing the material basis for his criticism of Karl Friedrich von Savigny's leading doctrine of errors in contract law. However, Lotmar could not complete the work he considered the crowning achievement of his research in the field of Roman law, nor did he succeed in publishing the first, almost finished volume. The entire first volume and the introduction to the second volume, i.e. those parts of the intended opus which Lotmar left behind in a form already fit for publication, will now be presented to the public. In this way, the scientific work of a formative civil law teacher, who today is perceived primarily as the creator of modern labor law, is thus finally being made available in his proper field of research, i.e. Roman law and general private law dogmatics, almost a hundred years after his death.

scholarly journals Subject of obligation in relation to provision of statement about circumstances

2020 ◽  
pp. 89-98
Author(s):  
Olesia Emelianova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Roman Law ◽  
Private Law ◽  
Legal Doctrine ◽  
Foreign Law ◽  
German Legislation ◽  
History Of ◽  
The Subject ◽  
The Russian Federation

This article presents a brief analysis of the current norms of civil law in the Russian Federation, practice of their implementation, sources of the Roman private law, and norms of foreign law for the purpose of determination of the subject of obligation that emerges as a result of provision of statement about circumstances. The question of correspondence of such obligation to the criterion of validity is being addressed. The provisions of legal doctrine with regards to structure, essence and content of obligation, as well as approaches of legal technique and history of Roman law are used for argumentation of the main conclusions of this research. As a result, the author was able to formulate the subject of obligation that emerges on the basis of statement about circumstances. Obligations characterized by such subject are detected in the Roman private law and modern German legislation. The acquired results allow concluding that obligation due to provision of statement about circumstances is not an extraneous element of the system of civil law of the Russian Federation.

Part I General Principles, 3 International Law as it Affects Private Law Conventions Governing Cross-Border Commercial Transactions

2015 ◽  
Keyword(s):  
International Law ◽  
Public Law ◽  
Private Law ◽  
Commercial Law ◽  
Typical Structure ◽  
The Public ◽  
State Security ◽  
The Subject ◽  
The Relationship ◽  
Domestic Law

Chapter 3, after describing general principles of international law and the relationship between international law and domestic law, focuses on the hitherto neglected subject of private commercial law conventions. Textbooks on international law invariably focus on public law treaties. By contrast this chapter addresses issues relating to private law conventions. It goes through the typical structure of a private law convention, the interpretation of conventions and the treatment of errors, and the enforcement of private conventional rights against States. The subject of private law conventions and public law has become of increasing importance with the appearance in several private law instruments of provisions of a public law nature designed, for example, to ensure that creditors’ rights are not enforced in a manner that adversely affects the public interest or State security. Reservations and declarations are also discussed, together with the subject of conflicts between conventions.

scholarly journals THE ROLE AND SIGNIFICANCE OF LEGAL FACTS IN REGULATING THE LEGAL CONSEQUENCES OF ANTI-COMPETITIVE ACTIONS

2020 ◽  
pp. 169-174
Author(s):  
M. A. Yegorova
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Private Law ◽  
Non Profit ◽  
The Third ◽  
The Subject ◽  
Commercial Organizations ◽  
Competitive Actions ◽  
Legal Consequences ◽  
Law Regulation

The article analyzes the role and significance of legal facts in regulating the legal consequences of anti-competitive actions. The main types of private law consequences are distinguished, which are divided into three groups. The first group includes the most characteristic of the subject of civil law regulation of property effects, the second group, special methods of protection of civil rights, which can be described as organizational and restorative the legal consequences, the third group ,the antitrust compulsory liquidation and reorganization of legal persons, the basis for which implementation is the systematic implementation of monopolistic activity by commercial organizations and non-profit organizations engaged in activities that bring them income

scholarly journals ZAKAZ WYROKOWANIA PONAD ŻĄDANIE STRONY (‘NE EAT IUDEX ULTRA PETITA PARTIUM’) – RZYMSKIE TRADYCJE I WSPÓŁCZESNE REGULACJE POLSKIEGO PROCESOWEGO PRAWA CYWILNEGO

2016 ◽  
Vol 12 (4) ◽  
pp. 41
Author(s):  
Joanna Misztal-Konecka
Keyword(s):  
Supreme Court ◽  
Civil Law ◽  
Roman Law ◽  
Political Transformation ◽  
Original Formulation ◽  
Current Formulation ◽  
The Social ◽  
The Subject ◽  
Polish Code ◽  
Rule Out

‘NE EAT IUDEX ULTRA PETITA PARTIUM’: THE PROHIBITION ON JUDGEMENTS OVER AND ABOVE THE CLAIM A PARTY HAS LODGED. ROMAN TRADITIONS AND CONTEMPORARY REGULATIONS IN POLISH CIVIL LAW PROCEEDINGS Summary One of the testimonials to the vast influence of Roman law on contemporary civil law, including proceedings, are the Latin legal maxims which have been used for centuries not only by theorists of the law but also by its practitioners. Following the social and political transformation, one of the maxims very often resorted to in Poland is ne eat iudex ultra petita partium. Its importance is confirmed by the fact that it is among the 86 inscriptions decorating the columns in the building of the Polish Supreme Court. This legal maxim is an excerpt from the Roman jurist Iavolenus (D. 10,3,18), who used this expression to rule out the possibility of one of the beneficiaries in an inheritance case obtaining an easement on the testator’s estate for use on his own property which was not part of the estate devised. Clearly the original formulation applied to a different issue than the sense in which it is used nowadays: as a reference to the limitation on a judge’s powers to the subject of the proceedings he is hearing. In the light of the current formulation of Art. 321 of the Polish Code of Civil Procedure a court cannot or rule over and above the claim, or issue a verdict not relating to the claim. This prohibition means that the court cannot issue a verdict other than (aliud) or over and above (super) what the plaintiff or claimant petitioned for. Neither can it rule on any other grounds than those petitioned for by the plaintiff or claimant. The prohibition on judgements over and above the petition applies both to the object of the petition or claim (petitum) as well as to the grounds thereof (causa petendi).

scholarly journals CONFIDENTIALITY CLAUSES IN INVESTOR-STATE CONTRACTS FOR THE PROTECTION OF TRADE SECRETS AFTER PROMULGATION OF THE INDONESIAN ACT ON PUBLIC INFORMATION DISCLOSURE

2021 ◽  
Vol 29 ((S2)) ◽  
pp. 115-141
Author(s):  
Sanusi Bintang ◽  
Mujibussalim Mujibussalim ◽  
Mahfud Mahfud ◽  
Fikri Fikri
Keyword(s):  
Information Disclosure ◽  
Current Practice ◽  
Public Information ◽  
Contract Law ◽  
Public Law ◽  
Private Law ◽  
Trade Secrets ◽  
New Model ◽  
The Public ◽  
Aceh Province

A confidentiality clause is a clause in investor-state contracts which is in the operative part of the contract to guarantee adequate protection of the trade secrets of the contracting parties. This article argues that there is a need to change the current practice where investor-state contracts in Indonesia utilizes broadly defined confidentiality clauses as a means to protect trade secrets in international business transactions. This is because a broadly defined confidentiality clause is contradictory to the provisions of the Act on Public Information Disclosure (APID). APID is aimed mainly at providing public information disclosure. The public information includes public contracts, such as investor-state contracts. Therefore, a new model of the confidentiality clause is needed for the protection of trade secrets as intended by the Act on Trade Secrets (ATS) and contract law as well as public information disclosure as intended by APID. This article employs doctrinal legal research. The research utilized, primary, secondary, and tertiary legal authorities. The primary legal material intensively used in this article consists of mandatory-primary legal authorities, in the form of statutes and contracts. The contracts used are the investor-state contracts of Aceh Province, Indonesia. The finding shows that a new model of the confidentiality clause can be created by accommodating both the interest of the state for providing public information disclosure based on APID and the interest of investors for the protection of trade secrets based on ATS and contract law. Investor-state contracts are a specific type of contract which has specific characteristics that apply to both private law and public law. They are different from purely international commercial contracts which only apply private law. Investor-state contract drafters need to be aware of this difference and provide a more balanced confidentiality clause in the contracts.

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.

scholarly journals Regulation of the Smart Contract in (Romanian) Civil Law

2021 ◽  
Vol 8 (2) ◽  
pp. 95-111
Author(s):  
Raluca Onufreiciuc ◽  
Lorena-Elena Stănescu
Keyword(s):  
Civil Law ◽  
Computer Code ◽  
Computer Programs ◽  
Legal Regulation ◽  
Contract Law ◽  
Use Case ◽  
Smart Contracts ◽  
Crucial Question ◽  
Smart Contract ◽  
The Subject

The research aims to organize, examine, and analyze the provisions on smart contracts available in Romanian civil law. “Smart contracts” are not smart, and are not necessarily contracts, although they can be. As self-executing computer programs, smart contracts are operational on the blockchain and unlike traditional legal contracts, once the agreement has been concluded and the smart contract is set in motion, no party can intervene and it will be executed without interruption, modification, or breach. The crucial question in the final contract law topic is what happens when the smart contract's outcomes deviate from those required by law. To answer this issue, we must first understand that whether a smart contract becomes legally enforceable is determined by several circumstances, together with the unique use case, the type of smart contract employed, and the existing legislation. The paper addresses the subject of determining and regulating smart contracts under Romanian current laws. Particular emphasis is placed on two ambiguous definitions of smart contracts: as computer code and as a civil-law contract. The authors conclude that the concept of smart contracts requires more legal regulation, particularly in terms of managing their meaning and comprehension.

scholarly journals FORMALISM IN ROMAN CONTRACT LAW

2019 ◽  
Vol 34 (5) ◽  
pp. 1457-1463
Author(s):  
Shpresa Alimi-Memedi
Keyword(s):  
Developmental Stages ◽  
Essential Element ◽  
Contract Law ◽  
Roman Law ◽  
Legal Principles ◽  
Stage Of Development ◽  
The Will ◽  
The Subject ◽  
The Law ◽  
Accepted Form

The certain mode of production conditions certain legal expressions, determines the character and the forms of expression of the law, and depending on this, certain legal institutes and legal principles arise and change. The principle of formalism in a certain period of development of contractual relations is nothing but an expression of certain socioeconomic and other conditions present in that period. The subject of this paper is the principle of formalism as a feature of Roman contract law, the emergent forms of formalism in Roman law, the causes and functions of formalism in certain stage of development of Roman law. The influence of religion on the law and the low level of development of socioeconomic relations were the main reasons for the recognition of formalism in the first legal systems.The principle of formalism implies that the form of the contract as a means of expressing the consent of the will of the parties is a legally established imperative. The specific way of expressing the will to conclude a contract is an essential element of the contract. Infringement of the form is sanctioned by the nullity of the agreement.Formalism in Roman contract law is present and dominant in the period of the early Roman state and law, the late Roman Republic and pre-classical Roman law. The principle of formalism in these developmental stages of the Roman state and law does not mean that it excludes completely the opposite principle of consensualism which implies that contracts are created by a mere consent of the will of the contracting parties, which can be expressed in words or in writing, or with other behavior from which its existence can certainly be concluded. In Roman law, the consensual form has never succeeded in becoming a generally accepted form and Roman law has never formulated the general principle of consensuality.

Public/Private

2020 ◽  
pp. 466-480
Author(s):  
Jean-Bernard Auby
Keyword(s):  
Essential Feature ◽  
Common Law ◽  
Public Domain ◽  
Public Law ◽  
Roman Law ◽  
Private Sphere ◽  
Private Law ◽  
The Public ◽  
Private And Public ◽  
The Relationship

This chapter examines the distinction between public law and private law. It stresses the importance of being aware of this difference between the public/private and public law/private law dichotomies. The public–private divide is universal even if, from one society to another, it can be conceived differently in certain ways. All human communities have an idea about the relationship between the private sphere and the public domain. By contrast, the distinction between public law and private law is not universal. It may be ignored, rejected, or confined to a very limited sphere of operation as, traditionally, in common law systems. Conversely, the public law/private law distinction may be understood as an essential feature of the juridical world, as was the approach of Roman law, inherited by the continental legal systems.

SCIENTIFIC REVOLUTIONS

PEDIATRICS ◽  
1982 ◽  
Vol 70 (2) ◽  
pp. 234-234
Author(s):  
Keyword(s):  
Subject Matter ◽  
Scientific Theory ◽  
Scientific Work ◽  
The Other ◽  
The Public ◽  
Scientific Revolutions ◽  
Other Hand ◽  
Works Of Art ◽  
The World ◽  
The Subject

. . . Revolutions born in the laboratory are to be sharply distinguished from revolutions born in society. Social revolutions are usually born in the minds of millions, and are led up to by what the Declaration of Independence calls "a long train of abuses," visible to all; indeed, they usually cannot occur unless they are widely understood by and supported by the public. By contrast, scientific revolutions usually take shape quietly in the minds of a few men, under cover of the impenetrability to most laymen of scientific theory, and thus catch the world by surprise. . . . But more important by far than the world's unpreparedness for scientific revolutions are their universality and their permanence once they have occurred. Social revolutions are restricted to a particular time and place; they arise out of particular circumstances, last for a while, and then pass into history. Scientific revolutions, on the other hand, belong to all places and all times. . . . Works of thought and many works of art have a . . . chance of surviving, since new copies of a book or a symphony can be transcribed from old ones, and so can be preserved indefinitely; yet these works, too, can and do go out of existence, for if every copy is lost, then the work is also lost. The subject matter of these works is man, and they seem to be touched with his mortality. The results of scientific work, on the other hand, are largely immune to decay and disappearance.

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