scholarly journals Sale Agreement With Redemption Right

2021 ◽  
Vol 11 (11) ◽  
Author(s):  
Slobodan Stanišić
Keyword(s):  
Legal Regulation ◽  
Contract Law ◽  
Civil Code ◽  
Basic Type ◽  
Public Order ◽  
Sales Contracts ◽  
Legal Nature ◽  
The Republic ◽  
Living Organisms ◽  
The Right

Although the legal regulation of this contract as a special named modality of the basic type of contract of sale was missing in our positive legislation, its significance for today’s modern legal transactions is undoubted. Sales contracts with the right of redemption are still concluded today and are an integral part of the living organisms of our contractual contract law. This was also noticed by the Commission for the Drafting of the Civil Code of the Republic of Serbia, which envisaged the legal regulation of this important legal work in the Pre-Draft of the new Civil Code. In this way, the intention of the Commission to finally fill the legal gap that still exists in the Serbian contract law regarding the legal regulation of this legal transaction as a special named contract was expressed. Sales contracts with the right of redemption are valid legal transactions that still produce legal effects, under the condition that they are concluded in accordance with the general principles of our contract law, within the limits prescribed by positive laws and regulations and are not contrary to public order and good customs. In this paper, the author looks at the origin and historical development of this modality of the contract of sale, the concept, features and subject of the contract, including the rights and obligations of the parties, presented significant understandings of legal science on the legal nature and duration of contracts of sale and pointed out the need for its legal regulation as a named contract.

scholarly journals Subjective and Territorial Scope of confugium ad ecclesias, and Christian Ideas

2019 ◽  
pp. 195-211
Author(s):  
Renata Świrgoń-Skok
Keyword(s):  
Legal Regulation ◽  
Ancient Rome ◽  
Legal Regulations ◽  
Legal Nature ◽  
The Republic ◽  
The Right ◽  
The Church

Beginnings of asylum (asylum, ius asyli, confugium) in ancient Rome dates back to Romulus times. In subsequent periods of the development of the Roman state, the right of asylum was further developed and included in the norms of material and legal nature. In the Republic Period there were no comprehensive legal regulations regarding ius asyli, although temple asylum was known. It was only during the empire that legal regulation of asylum was in place and two of its forms were developed, confugium ad statuum (asylum, escape to the monument to the emperor) and confugium ad ecclesias (church asylum). That study focuses on answering the question of whether Christian ideas had an impact on the subjective and territorial scope confugium ad ecclesias. After the Edict of Milan in the year 313, Christianity, being able to worship publicly, began to influence the consciousness of the inhabitants of the empire. The Church was conceived as an institution protecting the weak, persecuted and those in need. The right of asylum was also enriched with some Christian elements, especially mercy (misericordia), in relation to individuals entitled to benefit from asylum protection. The territorial extent is also expanded to include places belonging to temples, such as the bishop’s house, cemetery and monasteries. An important novelty was the validity of confugium ad ecclesias in every Christian temple because it was not the emperor’s decision that was in force of ius asylum and the sanctity of the place. However, imperial constitutions played a more important role in shaping the right of asylum in the 4th and 5th centuries than the synodal legislation.

scholarly journals PECULIARITIES OF A PERSON'S CIVIL LIABILITY IN CASE OF EXERCISING THE RIGHT TO SELF-DEFENSE AND IN EXTREME NECESSITY

2021 ◽  
pp. 21-26
Author(s):  
I. Dzera
Keyword(s):  
Civil Law ◽  
Civil Liability ◽  
Legal Regulation ◽  
Civil Code ◽  
Self Defense ◽  
Legal Nature ◽  
Compensation For Damage ◽  
Contractual Obligations ◽  
The Right ◽  
Commission Agent

Civil law provides both general rules that provide the grounds and procedure for liability for damage to a person, and special grounds for bringing or release from such liability in the event that the person causing such damage carried them out in self-defense or extreme necessity. Therefore, it is important to clarify the specifics of civil liability of a person in the exercise of his right to self-defense and in a state of extreme necessity. The grounds and procedure for bringing a person to such responsibility are determined, the peculiarities of the subject composition are determined. A thorough study of the Civil Code of Ukraine to determine their compliance with the general principles of civil law and the need for appropriate changes and clarifications for proper legal regulation of grounds for liability and release from liability for damage caused by a person exercising his right to self-defense and in a state of extreme necessity . The development of civil legislation of Ukraine in terms of compensation for damage caused by a person in the exercise of his right to self-defense, in conditions of extreme necessity and necessary defense in order to identify gaps and contradictions and formulate proposals for recoding the Civil Code of Ukraine. The purpose of the study is to define the concept of self-defense and extreme necessity, as well as to determine the grounds and conditions of civil liability for damage caused by a person exercising his right to self-defense or in extreme necessity, as well as sanctions applied to a person. The object of the study is the legal relationship arising from the prosecution of a person who caused harm in a state of extreme necessity or in the exercise of his right to self-defense and the application of civil sanctions. To achieve this goal, the following methods were used: formal-legal to study the legal regulation of legal relations; analytical for the correct interpretation of the scope of legal content; system-structural to determine the legal nature of the studied legal relations; historical and legal for the analysis of the development of civil legislation; dialectical to identify contradictions in legal relations and legal regulation. It is noted that in determining the content of self-defense committed by a person, it is necessary to take into account the legal nature of legal relations, as the performance of self-defense actions of a legal nature are mainly contractual obligations, and self-defense actual actions – noncontractual obligations, including tort obligations. The prevailing position in civil science is that self-defense is a way of protecting civil rights and a non-jurisdictional form of realization of this protection. It is noted that self-defense can be carried out in the form of both factual and legal actions, which can be both legal and illegal. Manifestations of self-defense are measures of operational influence, which in science are called operational sanctions. They are designed to prevent specific offenses, usually in contractual obligations and can be applied by a unilaterally authorized person out of court. Varieties of such sanctions are unilateral withdrawal from the contract; unilateral termination of the obligation; actions of the commission agent, aimed at unilateral retention of the thing to be transferred to the principal, in order to ensure their claims under the contract; actions of the commission agent aimed at unilateral deduction of the amounts due to him under the contract, received by him for the principal. Illegal active and passive actions of self-defense can lead to harm to the life, health of the offender, his property, which can lead to prosecution of the person for the damage. The analysis of the norm of Art. 1169 of the CCU, which regulates liability for damage caused by a person in the exercise of his right to self-defense. It is noted that the norm of Part 2 of Art. 1169 of the Civil Code is formulated unsuccessfully, because it does not contain information about "another person" who was harmed by a person who carried out self-defense against unlawful encroachments, and therefore it is not clear who may be obliged to compensate him. In this regard, it is proposed to make appropriate changes to the norm under study in terms of clarifying the person who may be obliged to compensate, introducing the term "causer" of the damage along with the term in the article "person who committed an illegal act". As a general rule, damage caused by a person in cases of exercising his right to self-defense is reimbursed only if the limits of necessary defense are exceeded. In this case, the right to apply a sanction for damages has a person whose actions have become the basis for the application of self-defense. Damage caused to third parties in ways not prohibited by law and which do not contradict the moral principles of society, is compensated by the person who committed the illegal act, and in other cases – by the person who carried out self-defense. That is, in the first case, the third party has the right to apply sanctions for recovery. Keywords: sanctions, liability, protection, compensation for damage, tort, operational measures.

scholarly journals Tiesību vienpusēji atkāpties no līguma realizēšanas problemātika

2015 ◽  
Vol 1 (1) ◽  
pp. 42-46
Author(s):  
Jānis Meija
Keyword(s):  
Basic Principle ◽  
Civil Law ◽  
Legal Regulation ◽  
Contract Law ◽  
Civil Code ◽  
Number Of Publications ◽  
The Right ◽  
Insight Into

Raksta uzdevums ir sniegt ieskatu tiesību vienpusēji atkāpties no līguma realizēšanas problemātikā, kas pastāv, jo Latvijas civiltiesībās līgumu pildīšanas (pacta sunt servanda) civiltiesību pamatprincipam ir visai maz izņēmumu. Rakstā izcelta problēmas praktiskā puse, kas saistās ar pārmērīgu zaudējumu, nevienlīdzīgām pušu attiecībām vai apstākļu maiņu. Rakstā analizēts pozitīvs piemērs – patērētāju kreditēšanas normatīvais regulējums. Problēmas novitāti apliecina līgumtiesību starptautiskās unifikācijas tendences, un par tām pieaug publikāciju skaits. Secinot, ka Civillikumā paplašināmas līdzēju tiesības vienpusēji atkāpties no līguma, autors piedāvā attiecīgu likumu grozījumu redakciju. The aim of the article is to provide an insight into problems of the right to withdraw from a contract unilaterally that exist because the Civil Law of Latvia has very few exceptions to the basic principle of contract filling (pacta sunt servanda). The article highlights the practical side of the problem due to excessive loss, unequal relationship between the parties or a change of circumstances. Legal regulation of consumer creditation is analyzed in the article as a positive example. The international unification trends of the Contract Law and the growing number of publications confirm the novelty of the problem. Concluding that the rights of parties to withdraw from a contract unilaterally should be extended in the Civil Code, the author proposes amendments to the relevant version of the laws.

Electronic Communication in the Paradigm of Interaction of State and Society

2020 ◽  
pp. 11-17
Keyword(s):  
Electronic Communication ◽  
Legal Regulation ◽  
Digital Environment ◽  
Active Involvement ◽  
Communication Law ◽  
State And Society ◽  
Legal Communication ◽  
The Republic ◽  
The Government ◽  
The Right

In recent decades, the phenomenon of mass electronic communication has been studied by various sciences. The right also turned out to be included in a similar discourse. Communication in the digital environment is the reason for the interaction of previously distant segments of society. In modern law, the concept of electronic communication remains in a certain sense debatable, it is often identified with legal communication. At the same time, electronic communication has an additional «dimension». The globalization of the information space encourages legal scholars to study electronic communication as the action and interaction of various actors, based on Internet technologies using web services, portals, blogs, websites, social networks. There is a need for re- levant legal regulation of the informational interaction between the authorities and society in the Republic of Belarus, in connection with which a new «field» is opening up for activities in various areas of law. The meaning of electronic communication is constantly expanding and, depending on the specialization, even varies. For an adequate understanding of electronic communication, law must take into account the tools of other humanities. In contact with the digital environment, legal science is called upon to reformat research tasks to explain the new empirical and theoretical experience associated with the transformation of the paradigm of interaction between the state and society in the network structures. The author comprehends these issues in relation to the conditions of development of e-government in the Republic of Belarus and the need for more active involvement of the public in the government.

scholarly journals Legal status of the company's share in own authorized capital under the Law of Ukraine “On limited and additional liability companies”: problems of legal regulation

2021 ◽  
Vol 11/1 (-) ◽  
pp. 31-36
Author(s):  
Volodymyr TSIUPRYK
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
General Meeting ◽  
Legal Regulation ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
A Company ◽  
Authorized Capital ◽  
A Share

Introduction. Nowadays, the issue of determining the legal status of the company's share in the own authorized capital of LLC and TDV has become quite acute, as evidenced by the adoption on July 28, 2021 by the Commercial Court of Cassation in Case № 904/1112/20, in which the Court established a new approach legal nature of such a phenomenon and expressed his own position on the understanding of the legislation concerning the legal status of the share of LLC and TDV in its own authorized capital. Given that a limited liability company is the most popular type of legal entity that is chosen to conduct business in Ukraine, the analysis of this issue is relevant. Some scientific value for the development of the transfer of the participant's share are the works of individual authors devoted to the study of the legal nature of the share in the authorized capital but the problems arising around the legal status of the company. in their own authorized capital in these works were only mentioned along with others, but did not receive a detailed separate study. The purpose of the paper is to analyze the normative regulation of the legal status of the company's share in the own authorized capital of LLCs and ALCs, identification of shortcomings in their legal regulation and implementation, as well as the search for ways to eliminate them. Results. One of the most relevant decisions concerning the subject of this article is the Judgment of the Commercial Court of Cassation in case № 904/1112/20 of July 28, 2021. The court in this case found that the votes attributable to the share belonging to the company itself are not taken into account when determining the results of voting at the general meeting of participants on any issues. However, Ukrainian legislation does not contain any direct norms that would prohibit the exercise of the right to manage a company in relation to itself on the basis of a share in its own authorized capital. That is why the company cannot be a participant in relation to itself, although they seem logical, but do not have sufficient regulatory support, and therefore do not allow to be firmly convinced of their compliance with the law. In view of this, it can be stated that there is a significant gap in the national legislation on this issue, which, in our opinion, the Court failed to “fill” with this decision in the case. Conclusion. In the Ukrainian legislation at the level of the Law of Ukraine “On Limited and Additional Liability Companies” Article 25 defines the possibility for a company to acquire a share in its own authorized capital. However, the regulation of the legal status of such a share cannot be called sufficient, due to which in practice there are certain problems in the implementation of the provisions of the legislation concerning the share of the company in its own authorized capital. The solution of these legal problems is necessary to ensure the highest quality and clarity of the law, as well as to form case law with common approaches to understanding a single rule.

scholarly journals Legal nature of the requirements of the banking legislation of Ukraine to ensure credit operations of banks

2021 ◽  
pp. 297-305
Author(s):  
Anatoliy Babaskin
Keyword(s):  
Credit Card ◽  
Civil Law ◽  
Legal Regulation ◽  
Functional Method ◽  
Point Of View ◽  
The European Union ◽  
Scientific Publications ◽  
Economic Point ◽  
Legal Nature ◽  
The Right

Іintroduction. Despite the fact that a significant number of scientific publications by well-known Ukrainian authors are devoted to the issues of legal regulation of credit obligations, at the same time separate studies of banking legislation requirements on "acceptability of collateral" have not been conducted in Ukrainian civil science in recent years. This, taking into account the gradual alignment of banking legislation of Ukraine with the standards of Basel III, and Directive 2002/47 / EC of the European Parliament and of the Council of 6 June 2002 on financial collateral mechanisms, necessitates such scientific research. The aim of the article. On the basis of the analysis of the legislation of Ukraine, the legislation of the European Union, scientific advances in the sphere of civil law and banking legislation, in the context of the analysis of the banking legislation of Ukraine, it is safe for creditors. In order to achieve this goal: 1. Conduct an analysis of civil and legal species for the protection of crops for the subject of іх possible delivery to “acceptable safety” and vrahuvannya banks when opening a credit card. 2. Significantly "quasi-security", as viewed by the banking legislation in the form of "acceptable security" for credit cards. 3. Zdіysniti analysis of the approaches to the legislation of the EU in the field of protection from credit denominations. Results. The methodological basis of the study is general scientific and special legal methods of scientific knowledge. In particular, the dialectical method, the method of analysis and synthesis, the comparative law method, the functional method, the modeling method, etc. Conclusions. First, the banking legislation does not consider as "acceptable collateral" such types of collateral as penalty, surety, deposit, retention. Secondly, the banking legislation considers as "acceptable collateral" not only those specified in Part 1 of Art. 546 of the Civil Code of Ukraine types of security for performance of obligations (pledge, right of trust ownership, guarantee), and other types of security for performance of obligations provided by law or contract (reserve letter of credit, performing the function of financial guarantee, guarantees of public entities, guarantee payment), but also contractual constructions which do not concern types of maintenance of performance of obligations (repo agreements). Thus, the banking legislation considers collateral in credit operations from the economic point of view, according to which "acceptable collateral" is only such liquid collateral that guarantees the rapid recovery of the property of the creditor bank, which suffered damage due to default or improper performance of the counterparty loan obligation, as well as "quasi-collateral", if such is referred by banking legislation to "acceptable collateral". Third, the existence of rules in the banking legislation on the acceptability of collateral in no way affects the right of banks to use any type of collateral provided by law or contract, if the application of such is possible in credit relations, taking into account the legal nature of the relevant types. software. Fourth, the set of regulations of the National Bank of Ukraine on the acceptability of collateral can be considered as an institution of banking law, which includes as rules of civil law governing the types of collateral, other rules of contract law governing other "quasi-collateral" contractual constructions, as well as public-law special norms of banking legislation, which establish additional regulatory requirements for banks to ensure credit operations and calculate credit risk.

scholarly journals Eksekusi Aset Debitor yang Berada Di Luar Negeri dalam Penyelesaian Sengketa Kepailitan

SASI ◽  
2019 ◽  
Vol 25 (2) ◽  
pp. 121
Author(s):  
Rizka Rahmawati
Keyword(s):  
Legal Regulation ◽  
Conceptual Approach ◽  
Cross Model ◽  
Bilateral Agreements ◽  
Accounts Payable ◽  
Sense Of Security ◽  
Debt Repayment ◽  
The Republic ◽  
The Right ◽  
Court Process

In order to carry out business activities, it is not uncommon for someone to make a debt to have enough capital. These accounts payable activities of course require objects that are a guarantee to give a sense of security to creditors. In its development it is not uncommon for collateral objects to be held by debtors abroad. However, if the collateral object is located abroad, it will not be easy to execute as a debt repayment tool because of the state sovereignty that must be respected and the territoriality principle adopted by a country. The problem in this writing is about how Indonesia's national legal regulation regarding debtors 'assets is located abroad and how efforts can be made so that debtors' assets residing abroad can be executed as debt repayment tools. This research will be conducted using a type of normative juridical research with a type of legislative approach (concept approach) and a conceptual approach. According to the provisions of Article 212 PKPU UUK, that property owned by bankrupt debtors abroad can be used as bankrupt boedel. The provisions of the article give the right to a creditor to obtain repayment by using debtor's assets which are not bound to him which are outside the jurisdiction of the Unitary State of the Republic of Indonesia. In order for collateral objects to be used abroad to be used as a debt repayment tool, a number of ways can be taken, namely by a general court process, bilateral agreements (diplomatic agreements), diplomatic channels, or using the UNCITRAL Law on Cross Model. Border Insolvency with Guide to Enactment.

scholarly journals Features of Legal Regulation of the Circulation Order of Gift Certificates

2019 ◽  
pp. 72-80
Author(s):  
Avak Vartanian
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Advance Payment ◽  
Foreign Countries ◽  
The Gift ◽  
The Usa ◽  
The Subject ◽  
The Republic ◽  
Gift Certificate

The article analyzes the novels of the legislation of the Republic of Belarus concerning the procedure for using gift certificates when selling goods (performance of works, rendering services). It has been done a comparative analysis of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus, Ukraine and some foreign countries (Canada, the USA). The author raises some problems concerning the use of a gift certificate in civil circulation. It is pointed out that there is uncertainty both in the theory of civil law and at the level of legislative regulation regarding the civil law nature of a gift certificate. It is noted that the analysis of the legislation in force in the Republic of Belarus allows us to define a gift certificate as a document certifying the property right (requirement) of its holder (bearer) to receive goods (works, services), and the amount of money contributed when purchasing a gift certificate, as advance payment (advance payment). At the same time, such an approach of the legislator is criticized due to the fact that there is a clear contradiction to the requirements of Art. 402 of the Civil Code of the Republic of Belarus, from the content of which it follows that the advance payment presupposes the existence of a contract in which the subject has been agreed, which is not typical of most gift certificates, due to the fact that they do not contain an indication of the subject of the contract. Having done the analysis of the civil legislation of Ukraine, the author makes a conclusion that there is application of the rules on a purchase agreement to gift certificates, the subject of which may be property rights in accordance with the Civil Code of Ukraine. The conclusion is made about the imperfection of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus and Ukraine, as well as about the complex legal nature of the gift certificate, regarding which legal regulation should be more universal, defining a gift certificate as an independent object of civil legal relationship.

Holding Peaceful Assemblies in the Republic of Kazakhstan: Rights of Citizens and Administrative Liability

2018 ◽  
Vol 9 (3(33)) ◽  
pp. 870
Author(s):  
Timur K. AVENOV
Keyword(s):  
Constitutional Law ◽  
General Characteristic ◽  
Legal Regulation ◽  
International Standards ◽  
Legal Norms ◽  
Foreign Countries ◽  
Legal Model ◽  
The Republic ◽  
The Right ◽  
Mass Events

The article considers the matters of constitutional and administrative-legal regulation of the right to peaceful assembly in the Republic of Kazakhstan (RoK) and a number of foreign countries. Since there is a lot of publications dedicated to the study of compliance of this legislation to international standards, the analysis has been conducted by the following criteria: the general characteristic of the right to freedom of assembly from the viewpoint of international and constitutional law standards, the principles of organization and holding of public assemblies, the procedure of organization of a public assembly and its holding, and the liability for breaching this procedure. The author shows that the current incoherence of legal norms in this area prevents from developing a unified legal model for administrative liability for breaching public order and safety when holding mass events. Based on the study of normative and research materials in administrative and constitutional law, legal principles and approaches to freedom of assembly in international law and the law of a number of foreign countries, the author proposes options to improve the conceptual framework of legislation concerning assembly and mass events, to formulate proposals that will allow efficiently and legally applying administrative liability for breaching the RoK law concerning the procedure of organization and holding of peaceful assemblies, rallies, marches, pickets and demonstrations. Primary provisions and conclusions of the article can be used in scientific and practical activity when considering issues of holding liable for offences infringing constitutional rights of citizens and the established procedure for organizing and holding peaceful assemblies, rallies, marches, pickets and demonstrations, and to reform the norms of legislation on administrative offences.

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