Auswirkungen der Schuldenbremse im Privatrecht

2021 ◽  
Author(s):  
Patrick Hauser
Keyword(s):  
Government Debt ◽  
Civil Code ◽  
Private Enforcement ◽  
Public Financing ◽  
Debt Brake ◽  
Unjust Enrichment

The German "debt brake" was introduced to limit government debt. This book examines whether violations of the debt brake have an impact on state loans or bonds. The author comes to the conclusion that the debt brake constitutes a prohibition law within the meaning of Sec. 134 of the German Civil Code (BGB) and illustrates the consequences for public financing: the affected loans may be null and void and the parties must make restitution under unjust enrichment law. Based on these findings, the author argues that (potential) creditors have an interest to monitor government borrowing. "Private enforcement" of the debt brake is therefore possible.

scholarly journals El juego de la prescripción en el ejercicio de acciones judiciales de reclamación de daños y perjuicios derivadas de ilícitos contra la competencia = Dealing with the statute of limitation in claims for damages arising out of antitrust infringements

2019 ◽  
Vol 11 (2) ◽  
pp. 727
Author(s):  
Albert Poch
Keyword(s):  
Civil Code ◽  
Private Enforcement ◽  
Legal Certainty ◽  
Royal Decree ◽  
Spanish Legislation ◽  
Important Progress

Resumen: La transposición al ordenamiento español de la Directiva 2014/104/UE, mediante Real Decreto-Ley 9/2017, ha supuesto un avance significativo en la regulación de la prescripción de las acciones de responsabilidad civil por daños derivados de infracciones antitrust. Pese a los innegables beneficios que, en términos de seguridad jurídica, introduce la nueva normativa, en el presente artículo se examinarán las dudas que actualmente persisten a raíz del régimen transitorio, así como la eventual inefectividad de la regulación de la prescripción prevista en el Código Civil, para resarcir a los perjudicados de una infracción antitrust ex artículo 101 y 102 TFUE.Palabras clave: aplicación privada, acciones de daños, Directiva de daños, prescripción, acciones follow-on, Cogeco.Abstract: The transposition into Spanish legislation of Directive 2014/104/EU, by Royal Decree-Law 9/2017, has made important progress in the regulation of the statute of limitation in actions for damages arising out of antitrust infringements. Despite the undeniable benefits that the new regulation has provided in terms of legal certainty, this article will examine the doubts that currently persist as a result of the transitory regime, as well as the eventual ineffectiveness of the regulation of the prescription provided in the Civil Code, in order to compensate the victims of an antitrust infringements ex Article 101 and 102 FTEU.Keywords: private enforcement, damages actions, damages Directive, statute of limitation, follow- on claims, Cogeco.

scholarly journals Instytucja niesłusznego zbogacenia w polskim Kodeksie zobowiązań z 1933 roku na tle współczesnych kodyfikacji

2012 ◽  
Vol 5 (4) ◽  
pp. 307-328
Author(s):  
Jan Halberda ◽  
Keyword(s):  
Civil Code ◽  
The Other ◽  
Unjust Enrichment ◽  
Polish Code ◽  
Similar Solutions ◽  
Code Civil

THE UNJUST ENRICHMENT AS REGULATED IN THE CODE OF OBLIGATIOON OF 1933 AND COMPARED WITH SIMILAR SOLUTIONS FOUND IN THE OTHER CODES F THE TIME The paper discusses the unjust enrichmennt as found in the Polish Code of Obligations of 1933. The discussion is conducted in a comparative way and makes allusions to other regulations of the time (those detectable in the ABGB, Code Civil, BGB, Obligationenrecht). It also makes reference to the solution accepted in the Polish Civil Code of 1964. What was discussed was the very construction of unjust enrichment as found in the aforementioned regulations (1), grounds for the claims (2), the scope within which the duty to return the enrichment applied (3), the nature of the claim – whether it was autonomous or subsidiary (4). In his final remarks, the author tried to assess the discussed institution as regulated in the Code of Obligations (5).

Legal Features of the Provisions of Unjust Enrichment in Jordanian Civil Law and Comparative Law

2021 ◽  
pp. 1-14
Author(s):  
Sahib al-Fatlawi ◽  
Derar al-Daboubi
Keyword(s):  
Civil Law ◽  
Comparative Law ◽  
Civil Code ◽  
Roman Law ◽  
French Law ◽  
Independent Source ◽  
Unjust Enrichment ◽  
Legal Provisions ◽  
Islamic Jurisprudence

Abstract Unjust enrichment is considered one source of obligations, which stands in contrast to harmful acts as another source of obligation in the Jordanian Civil Code (JCC). The Unjust Enrichment Rule has developed historically from Roman law, through Islamic jurisprudence, then French law and jurisprudence to modern laws, such as that in Egypt influenced by French law. All these laws have recognised the Unjust Enrichment Rule as an independent source of obligation. Although the JCC was influenced by Islamic jurisprudence, Arab laws, such as the Egyptian Civil Code, and foreign-influenced Arab laws, its features distinguish it from other laws, either in terms of naming the source or the details related to its legal provisions. JCC’s special features need to be highlighted, defined and evaluated for comparison with other laws, i.e., proving beneficial when enacting a new JCC or defining it as unique rather than a copy of other precedent Arab laws.

scholarly journals Couvrez cette communauté que je ne saurais voir: Equity and Fault in the Division of Quebec’s Family Patrimony

2018 ◽  
Vol 25 (4) ◽  
pp. 569-603 ◽  
Author(s):  
Nicholas Kasirer
Keyword(s):  
Common Law ◽  
Civil Code ◽  
Judicial Discretion ◽  
Unjust Enrichment ◽  
Unequal Division ◽  
The Family ◽  
Civil Code Of Quebec ◽  
The Law ◽  
Matrimonial Law

An inquiry into the role of fault in divorce may be taken as an invitation, for the Quebec jurist, to evaluate the place of misconduct in petitions for unequal “partition'' of the family patrimony. The author proposes an analysis of article 422 of the Civil Code of Québec based on a comparison with the law of family property in common law Canada. He observes a disinclination, felt in Quebec legal circles, to explore the connections between recourses under Quebec law for unjust enrichment in marriage and parallel remedies in common law. Basing himself principally on a review of rules similar to article 422 in Ontario law, he contends that a court should not allow ordinary measures of spousal misconduct to influence petitions for the unequal division of the family patrimony. Connecting the family patrimony to the statutory remedies for unjust enrichment in Ontario matrimonial law reveals a narrow idea of economic fault that underlies the judicial discretion at article 422 C.C.Q.

scholarly journals Une étude des tenants et aboutissants des articles 271 et 272 de la Loi sur la protection du consommateur

2005 ◽  
Vol 26 (3) ◽  
pp. 763-786
Author(s):  
Claude-René Dumais
Keyword(s):  
Consumer Protection ◽  
Case Law ◽  
Civil Code ◽  
Third Party ◽  
Unjust Enrichment ◽  
Consumer Protection Act ◽  
The Law ◽  
Reduction Of Costs

The new Consumer's Protection Act came wholly into force on April 30, 1981 under the title of Chapter P 41.1 of the Q.R.S., replacing and clarifying the former Consumer's Protection Act enacted in 1974 as Chapter 74. The new Act goes so far as to change some century-old rules of the Civil Code, including the law of proof, all in favour of a better deal for the consumer. In almost every case of abuse or violation of any section of the Act, the consumer must simply prove that the merchant violated one or more of its sections in order that penalties of sections 271 and 272 apply. The types of applicable penalties depend on the offence : Did the businessman simply overlook what the Act considers a mere formality ? Then the contract is voidable where a defence of lack of interest lies. Did the businessman contravene what the Act considers a fundamental right of the consumer? The consumer has a choice of remedies : — execution of the obligation by a third party ; — reduction of costs ; — annulment or resolution of the contract, the whole with a possible demand of damages, real and exemplary. The article explains the differences between form and substance as accepted by statute or case law, and the solutions applied. The correlation with other parts of the Civil Code, untouched by the Consumer Protection Act, is also studied, both in matters of proof, intent, and possible unjust enrichment of the consumer.

scholarly journals The Position of Consideration in Nepal: A Study of Theories, Cases, and Laws

2021 ◽  
pp. 35-49
Author(s):  
Laxmi Sapkota
Keyword(s):  
Supreme Court ◽  
Contract Theory ◽  
Research Paper ◽  
Essential Elements ◽  
Civil Code ◽  
Realistic Interpretation ◽  
Unjust Enrichment ◽  
The Supreme Court ◽  
Definition Of ◽  
The Cost

Lawful consideration is one of the essential elements of a valid contract. However, The National Civil Code, 2017 A.D. (2074 B.S.) has not included a definition of consideration, and it has not stated the necessity of consideration in Nepal in a particular section. Nevertheless, it seems that the Code has realized the importance of lawful consideration in the provisions of contracts of rent, wage and hire purchase. The Code has also stated unjust enrichment, under which one party should not enrich himself or herself at the cost of others or other’s property. Conversely, the now-repealed Contract Act, 2000, in its section 2(d), had defined consideration and stated that consideration must be lawful in section 13(k). In the cases decided by the Supreme Court of Nepal (Bhagwan Lal Shah v. Harka Lal Giri and Chitra Bahadur Karki; Proprietor of Manakamana Construction and Concerns Pvt. Ltd v. Maniram Aggrawal, Proprietor of Aggrawal Industries Pvt. Ltd.), the Supreme Court has issued the precedent stating the importance of consideration in Nepal in regard to Contract Act, 2000 which has now been repealed and replaced by The National Civil Code 2017. Additionally, different theories of the contract like bargain theory, realistic interpretation, theory of reciprocity, ‘nundum pactum’ theory and ‘no consideration no contract’ theory also emphasize the importance of consideration in Contract. Finally, this research paper has proven that consideration is essential in Nepal, thereby stating the theories of consideration, the legislative provisions, and the cases. Furthermore, the researcher came to the conclusion that the lawful consideration is essential in Nepal and it should be dealt with like oxygen to humans and whether written or not, must be implicitly understood. The word ‘consideration’ not explicitly being mentioned in law should not create confusion that a contract can happen without lawful consideration.

scholarly journals AUTONOMY OF WILL PRINCIPLE IN NON-CONTRACTUAL LEGAL RELATIONS OF INTERNATIONAL CHARACTER

2021 ◽  
Vol 6(72) (3) ◽  
pp. 289-296
Author(s):  
T. V. Novikova
Keyword(s):  
Russian Federation ◽  
Civil Code ◽  
Private International Law ◽  
Legal Regime ◽  
Applicable Law ◽  
Unjust Enrichment ◽  
General Rules ◽  
The Russian Federation ◽  
International Character ◽  
Autonomy Of Will

The article elaborates on legal regime of autonomy of will in tort and unjust enrichment legal relations of international character and grounds two basic conclusions. Firstly, the author stands on the point that although title of article 1223.1 of the Civil Code of the Russian Federation mentions only tort and unjust enrichment obligations, in fact it stipulates autonomy of will for all non-contractual legal relations except those, for which the prohibition for parties to choose applicable law is straightly set. Secondly, the author grounds conclusion that autonomy of will has developed into a principle of private international law reflected in a multilevel system of coordinated norms. In the field of non-contractual legal relations with foreign element permissive norm is set by article 1223.1 in conjunction with general rules of article 1210 and specific clauses of articles 1219, 1221, 1223, 1222, 1222.1 of the Civil Code of the Russian Federation.

Sign in / Sign up

Export Citation Format

Share Document