Ministererlaubnis und subjektiver Drittschutz

2021 ◽  
Author(s):  
Simon Zechmann
Keyword(s):  
Third Parties ◽  
Third Party ◽  
Office Procedure ◽  
Subjective Rights ◽  
Prevailing View ◽  
Scope Of Protection

Third party protection against a ministerial permission is alive. This thesis essentially addresses the question of whether third parties can invoke subjective rights to challenge a ministerial permission within the admissibility of an action. Contrary to the prevailing view and the (presumed) intention of the legislator, it substantiates the existence of subjective rights and thereby distinguishes the "original" third party protection arising solely in the ministerial procedure from the "derivative" third party protection arising in the Federal Cartel Office procedure and continuing to have effect in the ministerial procedure. Finally, it qualitatively and quantitatively sharpens the scope of protection of subjective third party protection.

scholarly journals Participants (Subjects) Of Civil Legal Relations As One Of The Criteria For The Identification Of Third Parties

2019 ◽  
pp. 76-87
Author(s):  
O.Ya. Kuzmych
Keyword(s):  
Civil Rights ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
General Character ◽  
Legal Relationship ◽  
Third Person ◽  
The Subject ◽  
Subjective Rights ◽  
Legal Entities

The article is devoted to the development of one of the scientific criteria that can be taken as a basis for the identification of third parties in civil legal relations, namely the participants (subjects) of civil legal relations. The article analyzes doctrinal studies on the problem of understanding the content of such concepts as the participant of civil relations, the subject of civil legal relations, the subject of civil rights. In particular, participants in civil relations are individuals and legal entities, as well as other public entities referred to in Art. 2 of the Civil Code of Ukraine, which having civil capacity and capacity can participate in civil legal relations. At the same time, the subjects of civil legal relations are the participants, whose circle is defined in Art. 2 of the Civil Code of Ukraine, which, in the presence of appropriate prerequisites, have already entered into appropriate civil legal relations. Therefore, having entered into the relevant legal relationship participants, the circle of which is defined in Art. 2 of the Civil Code of Ukraine can become one of the subjects of the legal relationship, which is taken as the basis, and a third person. Particular attention is paid to the relation between such concepts as the subject of civil legal relations and the subject of civil rights. The parties to the civil relationship are a variety of subjects. parties to civil legal relations are subjects of binding legal relations with mutual subjective rights and obligations. As concepts of «party to civil relations», «subjects of civil legal relations», «subjects of civil rights» in relation to the meaning of the concept of «third person» have a general character. In particular, as a third party are the participants whose circle is defined in Art. 2 of the Civil Code of Ukraine, which have already entered into the relevant civil legal relations, and as a consequence, possess the characteristics characteristic of such persons.

On Absolute Legal Force of Obligations

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0 ◽  
Author(s):  
Sergey Kasatkin
Keyword(s):  
Third Parties ◽  
Third Party ◽  
Judicial Practice ◽  
Legislative Changes ◽  
State Registration ◽  
The Right ◽  
Subjective Rights ◽  
Legal Consequences ◽  
Legal Force

The article considers the recent legislative changes that allow the extension of the notion of an obligation as a relative relationship. Based on judicial practice and the positions of well-known jurists, the author comes to the conclusion that an obligation does not only connect the debtor with the creditor, but also generates passive duty for all the subjects of law to refrain from creating obstacles to the creditor in the exercise of its subjective rights. Meanwhile a creditor has the right to protect subjective rights from violations not only on the part of the debtor but also on the part of any third party. However, in a number of statutory cases, the creditor may be denied the opportunity to refer to the obligation in relations with third parties. Such legal consequences occur, in particular, in case of non-fulfillment of legislative requirements on the necessity of state registration of the contract, and in case of violation of the rules of the notification on the pledge of movables. The author proposes to refer to legal significance of relative relationship for third parties as an absolute legal force of obligations.

Cláusulas de franquicia o deducible en seguros de responsabilidad civil en el Derecho español: Naturaleza y efectos respecto de terceros perjudicados

2018 ◽  
pp. 101
Author(s):  
Rafael Lara González
Keyword(s):  
Civil Liability ◽  
Third Parties ◽  
Insurance Contract ◽  
Third Party ◽  
Liability Insurance ◽  
Legal Doctrine ◽  
Insurance Contracts ◽  
Spanish Law ◽  
Palabras Clave ◽  
Legal Nature

ResumenPese a su ubicuidad en la práctica contractual, las cláusulas de franquicia han recibido tratamiento incidental en la doctrina. La discusión sobre ellas se ha enfocado en los contratos de seguros de responsabilidad civil, y en la interpretación del artículo 76 de la Ley española de Contrato de Seguro. En este contexto se ha tratado de establecer si el asegurador puede o no oponer la cláusula de franquicia al tercero perjudicado. El presente trabajo analiza la cláusula de franquicia en la obligación principal del asegurador, su naturaleza jurídica, y examina su relación con los terceros perjudicados. La consideración principal a este respecto estará en si nos encontramos ante un seguro obligatorio o ante un seguro voluntario de responsabilidad civil. Palabras clave: Contrato de seguro; Cláusula de franquicia; Terceroperjudicado; Responsabilidad civil.AbstractDespite their ubiquity in contractual praxis, deductible clauses have received only incidental treatment in legal doctrine. Discussion on them has focused on civil liability insurance contracts, and the interpretation of article 76 of the Spanish Law of Insurance Contracts. In this context it has been attempted to establish whether the insurer can invoke the clause to oppose the injured third party's claim. This article examines the deductible clause included in the insurer's main obligation, its legal nature, and its relation to injured third parties. The main consideration in this regard will be whether the insurance contract is of a mandatory or voluntary nature.Keywords: Insurance contract; Deductible clause; Injured third party; Civil liability.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

Contracts for the Benefit of Third Parties Under the Taiwan Civil Code

2018 ◽  
Author(s):  
Sheng-Lin JAN
Keyword(s):  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Legal Relationship ◽  
The Third Party ◽  
Privity Of Contract

This chapter discusses the position of third party beneficiaries in Taiwan law where the principle of privity of contract is well established. Article 269 of the Taiwan Civil Code confers a right on the third party to sue for performance as long as the parties have at least impliedly agreed. This should be distinguished from a ‘spurious contract’ for the benefit of third parties where there is no agreement to permit the third party to claim. Both the aggrieved party and the third party beneficiary can sue on the contract, but only for its own loss. The debtor can only set off on a counterclaim arising from its legal relationship with the third party. Where the third party coerces the debtor into the contract, the contract can be avoided, but where the third party induces the debtor to contract with the creditor by misrepresentation, the debtor can only avoid the contract if the creditor knows or ought to have known of the misrepresentation.

Contracts for the Benefit of Third Parties in Japan

2018 ◽  
Author(s):  
Masami Okino
Keyword(s):  
Case Analysis ◽  
Case Law ◽  
Contract Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
German Model ◽  
Recent Debate ◽  
The Law

This chapter discusses the law on third party beneficiaries in Japan; mostly characterized by adherence to the German model that still bears an imprint on Japanese contract law. Thus, there is neither a doctrine of consideration nor any other justification for a general doctrine of privity, and contracts for the benefit of third parties are generally enforceable as a matter of course. Whether an enforceable right on the part of a third party is created is simply a matter of interpretation of the contract which is always made on a case-by-case analysis but there are a number of typical scenarios where the courts normally find the existence (or non-existence) of a contract for the benefit of a third party. In the recent debate on reform of Japanese contract law, wide-ranging suggestions were made for revision of the provisions on contracts for the benefit of third parties in the Japanese Civil Code. However, it turned out that reform in this area was confined to a very limited codification of established case law.

Foulweather Friends: Violence and Third Party Support in Self-Determination Conflicts

2021 ◽  
pp. 002200272199322
Author(s):  
R. Joseph Huddleston
Keyword(s):  
Foreign Policy ◽  
Latent Variable ◽  
Third Parties ◽  
Self Determination ◽  
Third Party ◽  
Variable Model ◽  
Major Powers ◽  
International Stability ◽  
General Preference ◽  
Party Support

This paper investigates how violence in self-determination conflicts influences bilateral foreign policy. I argue that a general preference for international stability causes third parties to support self-determination groups when violence reaches high levels, when they gain territorial control, and when major powers officially recognize. In these conditions, third parties perceive a stable new status quo to be nigh: unrecognized statehood. Ongoing instability encourages foreign policy that encourages the development of the de facto state, even when third parties have no intention of recognizing them as states. Importantly, I also show that targeting civilians erodes third-party support of the perpetrating side. I demonstrate these relationships using a latent variable model of international sovereignty of aspiring states, built on bilateral military, diplomatic, and economic exchange data. My model and tests provide new insight into how aspiring state actors become increasingly eligible for recognition through the tacit support of third-party states.

Pengukuran Pihak Ketiga Pasca Asas Contradictoire Delimitatie di Kabupaten Sidoarjo dan Pasuruan

Tunas Agraria ◽  
2020 ◽  
Vol 3 (2) ◽  
pp. 53-75
Author(s):  
Dedy Setyo Irawan ◽  
Harvini Wulansari
Keyword(s):  
Secondary Data ◽  
Third Parties ◽  
Third Party ◽  
Problem Analysis ◽  
Legal Certainty ◽  
Land Registration ◽  
Descriptive Approach ◽  
The Government ◽  
Ownership Of Land

Abstract: Complete Systematic Land Registration is a program which taken by the government in providing legal certainty in the field of land in Indonesia. PTSL activities at Sidoarjo Regency and Pasuruan Regency Land Office are carried out with third parties. Before starting the measurement, it is necessary to carry out the contradictoire delimitatie principle to ensure legal certainty of ownership of land rights. The research used a qualitative method with a descriptive approach. The data analysis carried out by compiling logically proportional statements to answer research questions. Problem analysis is carried out by making a description based on premier data and secondary data obtained through interviews and observations of implementation. The results of the research showed that the implementation of the contradictoire delimitatie principle is broadly following PP. No. 24 of 1997 and PMNA KaBPN No. 3 of 1997. The results of the study also showed that there were obstacles in the implementation of the contradictoire delimitatie principle, such as the third parties were not following technical guidelines No. 01 / JUKNIS-300/1/2018 annex 10 in the making of measurement drawings. Quality control is needed to improve the quality of work and results of third party products and minimize land problems in the future.Keywords: principle of contradictoire delimitation, third party. Intisari : Pendaftaran Tanah Sistematis Lengkap (PTSL) merupakan langkah pemerintah dalam memberikan jaminan kepastian hukum dalam bidang pertanahan di Indonesia. Kegiatan PTSL di Kantor Pertanahan Kabupaten Sidoarjo dan Kabupaten Pasuruan dilaksanakan bekerjasama dengan Pihak Ketiga yang sebelumnya melalui tahapan asas contradictoire delimitatie untuk menjamin kepastian hukum kepemilikan hak atas tanah. Metode penelitian yang digunakan adalah metode kualitatif dengan pendekatan deskriptif. Teknik analisa yang dilakukan yaitu dengan menyusun pernyataan-pernyataan proposional secara logis untuk menjawab pertanyaan penelitian. Analisa permasalahan dilakukan dengan membuat uraian berdasarkan data premier dan data sekunder yang diperoleh melalui wawancara serta observasi langsung terhadap pelaksanaan kegiatan. Hasil penelitian menunjukkan bahwa pelaksanaan asas contradictoire delimitatie secara garis besar telah sesuai dengan PP. No. 24 Tahun 1997 dan PMNA KaBPN No. 3 Tahun 1997. Dalam pelaksanaanya terdapat hambatan yakni  pembuatan Gambar Ukur oleh Pihak Ketiga tidak sesuai dengan pedoman JUKNIS No. 01/JUKNIS-300/1/2018 lampiran 10. Sehingga diperlukan pengawasan kendali mutu terkait pekerjaan dan hasil produk dari Pihak Ketiga agar kedepannya hasil pekerjaan yang dihasilkan lebih baik dan tidak menjadi permasalahan pertanahan dikemudian hari.Kata Kunci : asas contradictoire delimitatie, pihak ketiga.

scholarly journals The Expectation Gap In The Legal System: Perception Differences Between Auditors And Judges

2011 ◽  
Vol 10 (3) ◽  
pp. 39 ◽  
Author(s):  
Jordan Lowe
Keyword(s):  
Legal System ◽  
Legal Liability ◽  
Business Owners ◽  
Third Parties ◽  
Third Party ◽  
Bank Loan ◽  
Small Business Owners ◽  
Expectation Gap ◽  
Role Responsibilities ◽  
Loan Officers

<span>The expectation gap, and its related effects on auditor legal liability, has been presumed to be caused by diverging perceptions by the auditing profession and third party litigants regarding the professions role, responsibilities, and related performance. Prior research regarding the expectation gap has focused on diverging perceptions of different groups (i.e. financial analysts, bank loan officers, small business owners, and auditors). While this research has identified an expectation gap between auditors and certain third-parties, it has neglected examining the perceptions of judicial litigants. This absence is somewhat ironic given the current auditor legal liability situation. This study fills this void by comparing judges and auditors attitudes toward the auditing profession. Results revealed a large divergence in perceptions of auditors and judges regarding their expectations of the auditing profession.</span>

scholarly journals Friendship jealousy: One tool for maintaining friendships in the face of third-party threats?

2020 ◽  
Author(s):  
Jaimie Krems ◽  
Keelah Williams ◽  
Douglas Kenrick ◽  
Athena Aktipis
Keyword(s):  
Romantic Relationships ◽  
Real World ◽  
Reproductive Fitness ◽  
Third Parties ◽  
Third Party ◽  
Primary Reason ◽  
Developmental Research ◽  
Emotional Experiences ◽  
The Face ◽  
On Line

Friendships can foster happiness, health, and reproductive fitness. But friendships end—even when we might not want them to. A primary reason for this is interference from third parties. Yet little work has explored how people meet the challenge of maintaining friendships in the face of real or perceived threats from third parties, as when our friends inevitably make new friends or form new romantic relationships. In contrast to earlier conceptualizations from developmental research, which viewed friendship jealousy as solely maladaptive, we propose that friendship jealousy is one overlooked tool of friendship maintenance. We derive and test—via a series of 11 studies (N = 2918) using hypothetical scenarios, recalled real-world events, and manipulation of on-line emotional experiences—whether friendship jealousy possesses the features of a tool well-designed to help us retain friends in the face of third-party threats. Consistent with our proposition, findings suggest that friendship jealousy is (1) uniquely evoked by third-party threats to friendships (but not the prospective loss of the friendship alone), (2) sensitive to the value of the threatened friendship, (3) strongly calibrated to cues that one is being replaced, even over more intuitive cues (e.g., the amount of time a friend and interloper spend together), and (4) ultimately motivates behavior aimed at countering third-party threats to friendship (“friend guarding”). Even as friendship jealousy may be negative to experience, it may include features designed for beneficial—and arguably prosocial—ends: to help maintain friendships.

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