scholarly journals Legal impossibility or inadmissibility: Is there a need for distinction?

2020 ◽  
Vol 54 (4) ◽  
pp. 1305-1320
Author(s):  
Sanja Radovanović ◽  
Nikolina Miščević
Keyword(s):  
General Condition ◽  
Practical Importance ◽  
Domestic Literature ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

It is generally accepted that the origin of a contract, i.e. its validity, is influenced by an impossibility that is objective and current, regardless of whether it is legal or factual. From this distinction of possibilities according to different criteria, it follows that there is no universal determination of the possibilities of the subject. Apart from the fact that the theory relativizes possibility as a general condition of the subject of a valid contract, since it binds different legal consequences, certain provisions of the Law on Obligations also contribute to the fact that legal consequences of impossibility are not clearly defined in terms of contract validity. This is especially the case when it comes to legal impossibility. Systematic works of the law of obligations in the domestic literature speak of legal impossibility, as a special species. However, there is a lack of clear demarcation in determining what is meant by it. Therefore, we will try to re-examine whether and when the distinction between legal impossibility and inadmissibility is of practical importance.

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.

Down the Danube: The Vienna Convention on the Law of Treaties and the Case Concerning the GabcïKovo-Nagymaros Project

1998 ◽  
Vol 47 (4) ◽  
pp. 837-854 ◽  
Author(s):  
Daniel Reichert-Facilides
Keyword(s):  
International Law ◽  
Practical Importance ◽  
Vienna Convention ◽  
International Court Of Justice ◽  
Customary International Law ◽  
National Courts ◽  
International Court ◽  
Scope Of Application ◽  
The Subject ◽  
The Law

Over the last 30 years, the Vienna Convention on the Law of Treaties1 has emerged as one of the most influential instruments of modern international law. The Convention, which was adopted at the UN Conference on the Law of Treaties on 23 May 1969, entered into force on 27 January 1980 and has meanwhile been ratified by more than 80 States.2 Yet, as it does not operate retroactively,3 the scope of application is growing only slowly and its practical importance stems, rather, from the fact that the Convention is widely considered a restatement of customary international law. As early as 1971 the International Court of Justice referred to the articles governing termination for breach of treaty as a codification of the existing law on the subject.4 Since then both international tribunals and national courts have more and more habitually relied on the material provisions of the Convention to ascertain traditional rules of the law of treaties.5

Enforceability of leasehold covenants: more questions than answers

Legal Studies ◽  
1991 ◽  
Vol 11 (1) ◽  
pp. 47-70 ◽  
Author(s):  
Rosy Thornton
Keyword(s):  
Practical Importance ◽  
Jigsaw Puzzle ◽  
Common Occurrence ◽  
Basic Principles ◽  
The Subject ◽  
The Law ◽  
Privity Of Contract

The enforceability of the convenants in a lease after an assignment, whether by the landlord or the tenant or both, is a matter of considerable practical importance. In the case of long leases, assignments of the leasehold estate and of the reversion are a common occurrence; both will often change hands many times before the end of the term, creating a welter of potential parties to any action on the covenants. In addition, there may be sureties who have undertaken to guarantee performance of the tenant's covenants. The basic principles governing the parties' rights and liabilities in this field under the present law are well known, centring upon privity of contract, privity of estate and upon statutory rules found in ss 141 and 142 of the Law of Property Act 1925. The area is one of vital commercial significance to landlords, and which potentially affects the residential security and amenity enjoyed by tenants (in the case, for example, of landlords' covenants to renew or to repair). It is also a field in which many of the issues and concepts have been the subject of judicial and academic consideration for more than a century, yet a surprising number of uncertainties remain. The law consists of a complex set of rules, which together form something resembling an intellectual jigsaw puzzle, and one from which several pieces are still missing. The aim of the first part of this article is to highlight some of these gaps.

XVIII.—On a Continued Investigation of the Application of the Law of Torsional Oscillation to Various Metals and Alloys

1914 ◽  
Vol 33 ◽  
pp. 183-193
Author(s):  
James B. Ritchie
Keyword(s):  
Empirical Equation ◽  
Large Range ◽  
Initial Conditions ◽  
Torsional Oscillation ◽  
Subsequent Treatment ◽  
Metals And Alloys ◽  
Torsional Oscillations ◽  
The Subject ◽  
The Law

This paper is a continuation of one already submitted to the Society, and published in their Proceedings.It showed that an equation of the form yn(x + a) = b could be applied to give close representation of results in the determination of the law of decrease of torsional oscillations of wires of different materials. This empirical equation, in which y represented the range of oscillation, x the number of oscillations since the commencement of observations, and n, a, and b constants for any one experiment, their numerical values depending upon the initial conditions of the wire and its subsequent treatment, was found to hold over a large range of oscillation for wires of many metals, and the present paper gives an account of further work on the subject.

scholarly journals The Proposed abolition of de facto unions in Tanzania: a case of sailing against the social current

1998 ◽  
Vol 42 (2) ◽  
pp. 187-214 ◽  
Author(s):  
Bart Rwezaura
Keyword(s):  
Male Partner ◽  
Law Reform ◽  
Social Fact ◽  
Economic Support ◽  
The Social ◽  
The Law ◽  
Legal Marriage ◽  
Legal Consequences

In April, 1994, the Law Reform Commission of Tanzania (LRC) recommended,inter alia, that section 160 of the Law of Marriage Act (LMA), be repealed because it constitutes “an unnecessary encroachment [on] the sanctity of marriage and [is] contrary to the spirit of the Law of Marriage Act”. Subsection (1) of the offending section enacts a statutory presumption of marriage in favour of reputed de facto unions that have existed for a minimum of two years. Subsection (2) states that once the presumption is rebutted, the woman cohabitant and the children born of that union become legally entitled to apply to the court for economic support from the male partner. In these proceedings the court has similar jurisdiction as a divorce court, including the making of orders for the division of assets jointly acquired by the couple and the determination of who is to have custody of the children. In 1971 when section 160 was enacted, it was widely recognized that de facto unions had become a social fact which the law could not ignore. Hence, the decision to extend to these unions the same legal consequences that follow a formal dissolution of a legal marriage. However, in so doing the legislature had indirectly raised and yet left open a number of important questions that have continued to engage the minds of judges.

scholarly journals Application of law vs «improvement of legislation» (some considerations on current legal practice)

2021 ◽  
pp. 52-62
Author(s):  
Andriy Drishliuk ◽  
Yurii Orzikh
Keyword(s):  
Legal Practice ◽  
Application Of Law ◽  
Permanent Improvement ◽  
The Subject ◽  
The Law ◽  
Rights And Interests ◽  
The One ◽  
Improvement Of Legislation ◽  
Legal Consequences ◽  
Direct Infringement

Relevant problems of the practice of application of law and permanent process of improvement of the Ukrainian legislation are examined in this article. In particular authors stress on contradiction between process of the permanent improvement of the legislation and sustainability, predictability and legal certainty as principles of legal system. On the one hand, constant reforming of the legislation of Ukraine does not give possibility for subjects of law to create stable legal relations, which are regulated in a predictable way. On the other hand, legislation of Ukraine must be actual and even few “step ahead” the actual situation in Ukraine. It must give necessary methods, tools and legal instruments, which regulate relations between subjects of law. Described judicial and notarial practical cases show in what way flexibility of the legislation could be provided in conditions of the ongoing changes. Authors consider that qualified and high-quality application of the current legislation by the subjects of application of law gives possibility to provide flexibility of the legislation. Such application of law is done by subjects applying the law, although their actions are not directly provided for by the legislation, but they are not prohibited either. Essential principle of such application of law must be the whole tendency to create those legal consequences of the application of law which will not lead to the direct infringement of somebodies rights and interests within the process of application of law. Illustrated lawsuit and case of notarial practice show how exactly interpretative mechanism and analogy as a tool of the subject applying the law help to avoid infringements of rights and interests of heirs of the deceased person. Keywords: application of law, improvement of the legislation, notary, judge, court and notarial practice.

Majetkové poměry manželů – unifikace kolizního práva v rámci Evropské unie

2021 ◽  
Author(s):  
Lucie Zavadilová
Keyword(s):  
Private International Law ◽  
Foreign Law ◽  
Marital Property ◽  
The Subject ◽  
General Part ◽  
The Law ◽  
Property Regimes ◽  
The Eu ◽  
Conflict Of Law

The monograph deals with the conflict-of-law regulation of matrimonial property regimes having cross-border implications and the determination of the law applicable from the perspective of Czech courts. It focuses on both the regional unification of the conflict-of-law rules adopted within the EU and the national conflict-of-law rules. The subject matter of the research constitute selected institutes of the general part of private international law and their impact on the application of the relevant conflict-of-law rules in matters of matrimonial property regimes and the law applicable. The publication also covers the topic of the treatment of foreign law as the law applicable in proceedings related to the marital property division.

scholarly journals II.—The Genesis of Tungsten Ores

1918 ◽  
Vol 5 (7) ◽  
pp. 293-296
Author(s):  
R. H. Rastall
Keyword(s):  
Practical Importance ◽  
Lead Tungstate ◽  
General Survey ◽  
Calcium Tungstate ◽  
Magmatic Origin ◽  
The Subject ◽  
The Law ◽  
Scheelite Deposits

From the descriptions already given, and from a general survey of the literature of the subject, it is apparent that scheelite is a frequent associate of wolframite in the lodes of magmatic origin. In fact, a certain number of the occurrences already cited, especially in the second part of this paper, might almost as well have been described as scheelite deposits, since the two minerals are found in something like equal quantities. This applies, for example, to a large number of the American and Canadian occurrences, to those of the Malay States, and others. This is only to be expected from general considerations, since gases or solutions containing chemically active tungsten compounds coming in contact with calcareous material would naturally tend to form calcium tungstate. The same applies to lead-bearing minerals; hence in a few instances lead tungstate, stolzite, has been found in association with scheelite. It is of interest to note that scheelite often contains from 1 to 3 per cent of molybdenum. Wolframite and scheelite are often found in lodes and other masses very closely intergrown, and in many cases there is evidence of much pseudomorphism. In some cases scheelite has clearly replaced wolframite, while in other cases the reverse holds. The law governing the paramorphism of these minerals is somewhat obscure, and it is not easy to say anything definite on the subject. In this direction further investigation is required, although the point is not perhaps of much practical importance.

scholarly journals On the effect of the form of the transverse section on the frictional resistance to the motion of an elongated body parallel to its length through a fluid

1915 ◽  
Vol 92 (636) ◽  
pp. 144-157 ◽  
Keyword(s):  
Eddy Currents ◽  
Transverse Section ◽  
Practical Importance ◽  
Frictional Resistance ◽  
National Physical Laboratory ◽  
Cornell University ◽  
Physical Laboratory ◽  
Series Of Experiments ◽  
The Subject

1. The great increase in tire lengths of the parallel mid-bodies of recently constructed submarines and airships has raised into prominence the question of the frictional resistance of such elongated bodies moving parallel to their length through fluids, like air and water, whose viscosities cannot be neglected. This resistance increases as the length increases, and benefits comparable with the head and tail resistances, which for short bodies constitute nearly the whole resistance. In general, the problem of greatest practical importance is the determination of the frictional resistance when the motion is rapid enough to produce eddy currents in the fluid, but the difficulties in the way of a general theory of eddy current motion have presented a solution being reached. The simpler problem of the resistance offered by the walls of a circular pipe to the turbulent flow of viscous fluid through the pipe formed the subject of extensive series of experiments by Saph and Schoder, of Cornell University, and by Stanton and Pannell at the National Physical Laboratory.

Konsekwencje naruszenia prawa pierwokupu lub prawa pierwszeństwa nabycia praw udziałowych

2019 ◽  
Vol 77 ◽  
pp. 139-157
Author(s):  
Dorota Seroczyńska
Keyword(s):  
Subject Matter ◽  
Third Parties ◽  
The Other ◽  
Legal Doctrine ◽  
Other Hand ◽  
The Subject ◽  
Right Of First Refusal ◽  
Legal Consequences

Determination of the legal consequences of transfer of shares performed with violation of the pre-emptive right or right of first refusal raises serious controversy in Polish jurisprudence and legal doctrine. This article concludes that if these kind of restrictions on transferability of shares are stipulated in the articles of association or statute of the company, their breach results in suspended ineffectiveness of such action against third parties. On the other hand, violation of the pre-emptive right or right of first refusal provided outside the company’s corporate act effects, in principle, in the inter partes consequences in the form of liability for damages. The complexity of the interpretation of relevant norms concerning the subject matter requires raising de lege ferenda postulate, the purpose of which is to facilitate the determination of the nature of pre-emptive right or right of first refusal on transfer of shares and the consequences of their infringement.

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