Die fehlerhafte Personengesellschaft im deutschen und französischen Recht

2022 ◽  
Author(s):  
André Howe
Keyword(s):  
Comparative Study ◽  
Civil Law ◽  
German Law ◽  
Legal Regulation ◽  
French Law ◽  
French Model

The legal figure of the defective partnership looks back on a long tradition in both German and French law, with German law following the French model in its early days. A comparative study of the doctrine of the defective partnership in both countries is therefore worthwhile, also with regard to the current legal regulation in France. Despite the different dogmatic approaches, important opportunities for comparison are revealed. Particularly in the constructive classification of the phenomenon of facticity in civil law, the perspective of French law can prove to be extremely fruitful for German dogmatics.

CURRENT ISSUES OF CIVIL LEGAL REGULATION OF OBLIGATIONS: THE CONCEPT, BASIS OF ORIGIN AND TYPES

2020 ◽  
Author(s):  
Irina Tischenko ◽  
Artur Bilinskiy
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Common Phenomenon ◽  
Integral Element

In the article, the authors consider the most common phenomenon in civil circulation — the obligation. The study examines the basis for the occurrence of obligations and discloses their characteristics. The authors have studied and given an extensive classification of obligations in civil law. As part of the study, the authors conclude that obligations are an integral element of civil law, which has its own characteristics and features.

scholarly journals Civil law aspects of the regulation of cosmetology services

2018 ◽  
Vol 6 (1) ◽  
pp. 1-1
Author(s):  
Армине Мограбян ◽  
Armine Mograbyan
Keyword(s):  
Complex Analysis ◽  
System Analysis ◽  
Civil Law ◽  
Legal Regulation ◽  
Medical Law ◽  
External Appearance ◽  
Surgical Services ◽  
Legal Method ◽  
General Object

In the current legislation there is no concept of cosmetology services, in science there is also no consensus on their content. In connection with this, the author sets the goal to investigate this concept as a private-law category, to determine its content and specifics. The main methods of the study were a comparative legal method and a method of system analysis. Results of the study. A complex analysis of private legal acts containing norms regulating cosmetology services as well as relations arising in the course of their provision is carried out. Various scientific positions in the field under study are examined, and as a result, the content of cosmetological services is determined, and their classification is carried out. Based on the analysis of the current legislation in the field of health, the specificity and correlation of such categories as "cosmetology services" and "cosmetic services" are defined. The main feature of cosmetic services is revealed, which is connected not with violation of the integrity of the human skin, but only with hygienic care of the external appearance. As a result of the study, it was concluded that the object of regulation of both cosmetological and cosmetic services is the appearance of a person. But, despite the general object of regulation, these are different concepts, because cosmetology services, unlike cosmetic services, are a kind of medical. In addition, the author carried out a classification of cosmetology services, which include therapeutic (curative) and surgical (operational) services. Surgical services, in turn, are divided into the following varieties: mandatory, at the request of the patient, rehabilitation and reconstructive. Scope of the results obtained. The results of the research can be applied for the purposes of private legal regulation of relations that arise in the process of providing cosmetology services, when lecturing, developing educational and methodological aids in civil and medical law, teaching legal disciplines related to the activities of medical organizations, as well as in lawmaking when making changes in the current legislation.

scholarly journals Results of genomic research as the objects of civil law

2020 ◽  
pp. 54-61
Author(s):  
Olesia Valer'evna Belaia
Keyword(s):  
Intellectual Property ◽  
Civil Law ◽  
Legal Regulation ◽  
Genomic Research ◽  
Property Law ◽  
Intellectual Property Law ◽  
Universal Definition ◽  
Original Classification

The object of this research is the determination of means of establishing the results of genomic research as the objects of intellectual property. The author analyzes the Russian normative legal acts regulating the questions of conducting genomic research and securing the rights to their results. The problem of absence of the universal definition and conceptual framework for genomic research in the national legislation is indicated. Analysis is carried out on the defended in legal community scientific positions pertaining to the need for separate consolidation and legal regulation of each type of product or organism that contains genes, or derivative from biomaterial, as well as the genes and genome themselves. The main conclusions consists in formulation and substantiation of the concept of “genomic research” and the results of genomic research. The original classification of the results of genomic research into static and dynamic is proposed. The author believes that the intellectual property law is most suitable for legal regulation and consolidation of the rights to results of genomic research. Inexpedience of determining each type of product or organism that creates or contains biomaterial as an object of intellectual property is substantiated. The author holds that the amendments to legislation should be introduced in exceptional circumstances when a new object possesses unique characteristics, and the existing tools of intellectual property law do not allow reflecting its specificity and protect the interests of its bearer.

scholarly journals Liability for debtor’s insolvency (bankruptcy) in Russia from 18th to 21st centuries

2019 ◽  
pp. 34-40
Author(s):  
P. D. Kurkin
Keyword(s):  
Comparative Study ◽  
Civil Law ◽  
Legal Liability ◽  
Legal Regulation ◽  
Legal Norms ◽  
Historical Method

The article is devoted to the examination of legal liability in the sphere of insolvency (bankruptcy) in Russia during the period from 18th to 19th centuries. Within the framework of the study, the author has analyzed peculiarities of the design of the legal norms of Tsarist Russia regulating liability in the sphere of bankruptcy and considered the categories of debtors. The author examines the current legislation dividing debtor’s liability for insolvency (bankruptcy) into liability under criminal, administrative and civil law, highlights the correlation between the types of liability in question. In addition, the author has carried out a comparative study of legal liability in the sphere of bankruptcy with the help of historical method, identified causes and gaps of the legal regulation of liability issues for debtor’s insolvency (bankruptcy).

Paternity Rights of Authors under Iraqi and English Law: A Comparative Study in the Field of Copyright and Author Rights

2020 ◽  
pp. 1-15
Author(s):  
Ali Mohammed Khalaf al-Fatlawi
Keyword(s):  
Intellectual Property ◽  
Comparative Study ◽  
Common Law ◽  
Civil Law ◽  
Moral Rights ◽  
Property Law ◽  
French Law ◽  
Intellectual Property Law ◽  
The Common ◽  
English Law

Abstract Historically, Iraqi law has followed the Latin approach in the ambit of civil law, while English law is the creator of the ‘common law approach’. This has had an effect on the Iraqi doctrine for the protection of works in the field of intellectual property law. Therefore, Iraqi author rights have followed French law which grants authors many, in particular moral, rights on their works whilst English law restricts the rights of the author in kind of the moral rights. However, both laws grant authors important ‘paternity rights’ that prevent anyone from using a work without first receiving license from the author. Due to its importance in both laws, this article will try to explain paternity rights and its differences in Iraqi and English laws. This article will examine the scope paternity rights under both systems of law.

Historical Foundations of Development of the Institution of Employment Contract

2019 ◽  
pp. 68-75
Author(s):  
Yuliya Chernenilova
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Civil Law ◽  
Labor Law ◽  
Legal Regulation ◽  
Economic Management ◽  
Persons With Disabilities ◽  
Employment Contract ◽  
Labor Legislation ◽  
The Russian Federation

This article describes the periods of development of the legal institution of employment contract in Russia. The characteristic features for each of them are defined. The first period was the longest and was marked by develogment of the contract of personal employment as the origin of the modern institution of employment contract. In the second period, the contract of personal employment represented the institution of civil law, and later became the subject of study of the civil law science. At that time the industrial law of the country was forming. A distinctive feature of the third period was the adoption of codified acts, as well as differentiation in the legal regulation of labor relations of temporary and seasonal workers. The fourth period is characterized by changes in state-legal methods of economic management. With the adoption of the Constitution of the Russian Federation labor legislation was assigned to the joint jurisdiction of the Russian Federation and its subjects. It is concluded that the adoption of the Labor Code of the Russian Federation necessitates a more accurate study of the problems arising in the application of specific rules of law governing the peculiarities of labor of certain categories of workers (for example, labor relations with persons with disabilities are not yet perfect because of the youth of the labor law), conflict of laws issues arising in practice, contradictions that occur in a huge array of legal documents not only in labor law, but also in other branches of law.

COMMON OWNERSHIP OF SPOUSES (Analysis of the Georgian Civil Law)

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 163-177
Keyword(s):  
Family Relationships ◽  
Civil Law ◽  
Family Relationship ◽  
Legal Regulation ◽  
Legal Literature ◽  
Common Ownership ◽  
Personal Rights ◽  
The Family ◽  
Inner World ◽  
Legal Fact

The research shows that one of the legal relations in civil matters is the family relationship, having an extensive content. It includes Family Law and the actual family relationships. While there are factual elements in the family relationships, only marriage registration gives rise to the property and personal rights between spouses since marriage is a legal fact of law. However, it has been stated correctly in the legal literature that the actual co-existence of partners is such a family relationship, in which couples enter into marriage without registration. The inner world of unmarried couples is significantly free from legal regulation. Family relationships, by their characteristics, are inconceivable without the personal and intimate aspects contained in certain factual foundations and found in family relationships.

Legislation and the Constitutional Framework

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Civil Law ◽  
Primary Source ◽  
Legislative Process ◽  
French Law ◽  
Major Overhaul ◽  
Different Types ◽  
The Way

This chapter introduces the main constitutional institutions and mechanism governing France, taking into account the major overhaul of the 1958 Constitution in 2008. It also shows that legislation is the primary source of law in France, that there are different types of legislation, and that legislative sources are organised hierarchically. Moreover, the chapter also considers, within the constitutional framework, the legislative process and examines the way in which bills are drafted. It also seeks to familiarise readers with the layout of a French statute. In addition, this chapter shows that much of French law though not all of it is codified. Codification is a particular legislative technique common to most civil law systems.

Abortion and Judicial Review of Statutes

1977 ◽  
Vol 12 (1) ◽  
pp. 15-31 ◽  
Author(s):  
Ernst Livneh
Keyword(s):  
Federal Republic ◽  
Judicial Review ◽  
German Law ◽  
Reform Movement ◽  
Constitutional Court ◽  
Federal Republic Of Germany ◽  
French Law ◽  
The West

It is difficult to see the connection between these two topics, but on 25 February 1975 the Constitutional Court of the Federal Republic of Germany gave a decision of great importance in both fields, and although Israel adheres to another system of law, in the opinion of the writer, this decision is of great interest here too.The amendment of the German law relating to abortions, whose constitutionality was examined in the judgment mentioned, is part of a reform movement spreading from Europe to the Americas in the West and to Russia, India and Singapore in the East. It began to have influence upon legislation between the two wars (Russia 1920, Scandinavia and Switzerland in the 1930's), but gathered momentum particularly during the last decade (one of the earlier laws in this series is the English Abortion Act, 1967; one of the latest, the French Law of 17 January 1975).

Medico-Social Examination: the Modern Aspects of Legal Regulation

10.12737/5942 ◽  
2014 ◽  
Vol 8 (1) ◽  
pp. 1-6
Author(s):  
Разиньков ◽  
D. Razinkov ◽  
Михайлов ◽  
I. Mikhaylov ◽  
Михайлова ◽  
...  
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Government Support ◽  
Sociological Research ◽  
Constitutional Rights ◽  
Disabled People ◽  
Government Programs ◽  
Social Sphere ◽  
Traditional Classification

In article the legislative base, which is the foundation of functioning of the state system of medical-social examination, is considered and analyzed. The questions of legal regulation of the state activity in the sphere of social policy concerning disabled people are discussed. The methods of sociological research and logical analysis of literature and official normatively-legal papers, being the basis of activity of the system of medico-social examination and sphere of giving to the invalids the equal with other citizens possibilities in realization of constitutional rights and freedoms, public welfare and establishment, are applied to the invalids as the measures of government support. In conclusions the emphasis is placed on need of carrying out radical restructurings for system of medico-social examination. It is offered to modify the existing classification of indexes of health and indexes, related to the health taking into account the socio-economic, climatic and other features; to strength the control of execution of government programs in the medico-social sphere; to modify the traditional classification of groups of disability; to change a way of features accounting of disabled people with various functional violations proceeding from a complex assessment of dysfunction of the neuro-physiological and psycho-physiological statuses; to use the innovative technologies of diagnostics, treatment, rehabilitation in correction of the functional violations with taking in mind not only the nosologic group of disease, but by an individual approach.

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