scholarly journals Construction and Improvement of Civil Code from the Perspective of Ecology

2020 ◽  
pp. 39-44 ◽  
Author(s):  
Miao Chungang
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Tort Liability ◽  
Analysis Method ◽  
Ecological Civilization ◽  
Real Right ◽  
Legal Response ◽  
Liability Law ◽  
Personality Rights ◽  
First Time

With the continuous introduction of policy documents, China's ecological civilization construction is gradually advancing. Ecological civilization needs legal response. China's General Principles of Civil Law established "green principle" as the basic principle of civil law for the first time, and carried out through various systems in the specific provisions of civil code. This paper adopts the sociological analysis method to sort out the interaction between legislation and society, and then puts forward some Suggestions to improve the legislation of civil code. In the published draft of civil code, the Ecologization of Torts Law is the highlight, and the compensation system for ecological environment damage is detailed and specific. However, there is still much room for improvements in property rights, contract and personality rights. In order to meet the needs of ecological civilization construction, the real right system should be adjusted in the concept of real right and  the attitude of animals; the contract system should make a breakthrough in the named contract types and regulate carbon trading; in the specific personality right system, the environmental right should be protected by the expansion of the protection of rights and interests in the tort liability law.

scholarly journals A személyiségi jogok szabályozása a hatályos román Polgári törvénykönyvben

2021 ◽  
Vol 4 (2) ◽  
pp. 65-81
Author(s):  
Zsolt Kokoly
Keyword(s):  
Civil Law ◽  
Legal Framework ◽  
Civil Code ◽  
Fundamental Rights ◽  
Personality Rights

The new Romanian Civil Code (adopted in 2009, in effect since 2011) comprises a section dedicated to personality rights, as a novelty element compared to the previous Code. Their incorporation into the form of juridical norm follows both naturally from the historic evolution of some fundamental rights, both from the intention of the Romanian lawmaker to offer a comprehensive legal framework in the field of civil law.

scholarly journals Mauritian Tort Law

2020 ◽  
pp. 184-203
Author(s):  
Goran Georgijević
Keyword(s):  
Civil Law ◽  
Tort Law ◽  
Case Law ◽  
Causal Link ◽  
Civil Code ◽  
Tort Liability ◽  
French Case ◽  
Harmful Event

According to the general tort law of Mauritius (articles 1382 through 1384 of the Mauritian Civil Code), three conditions must be met before tort liability may be implemented, namely the existence of harm, the existence of a causal link, and the existence of a harmful event. This paper contains an analysis of the fundamentals of the tort law of Mauritius, which is based on Mauritian case law and French case law and French doctrine, which are considered a persuasive authority in Mauritian Civil Law.

scholarly journals Mandate and representation

2020 ◽  
Vol 13 (2) ◽  
pp. 199-222
Author(s):  
Dana-Lucia Tulai
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Legal Institutions ◽  
Legal Institution ◽  
First Time

The mandate contract, although it bears similarities to other types of conventions and legal institutions, is unequivocally different in its specific features. In our article, we shall try to distinguish the mandate from representation, a legal institution with which it shares similarities that have generated doctrinal discussions. We believe that the usefulness of this approach is justified all the more since representation has received its own legal regulation under the new Romanian Civil Code, for the first time in our civil law. The conclusion of our study is that representation is not the essence of the mandate, but only characterizes its nature, since there is mandate without representation, as well as representation without mandate.

THE THEORIES OF THE OBLIGATION OF A REPRESENTATIVE WITHOUT AUTHORITY TO A THIRD PARTY: THE EXPERIENCE OF GERMAN CIVIL LAW AND ITS USE IN RUSSIA

2021 ◽  
Vol 21 (2) ◽  
pp. 199-216
Author(s):  
Yu.V. BAYGUSHEVA
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Third Party ◽  
Tort Liability ◽  
Legal Nature ◽  
Heated Debate ◽  
The Russian Federation ◽  
The 19Th Century

The purpose of the study is to determine the basis of the occurrence and the legal nature of the obligation of a representative without authority in case of refusal to approve the contract conducted by him. To achieve this purpose, the author turns to the history of para. 1 p. 1 and p. 3 of Art. 183 of the Civil Code of the Russian Federation and identifies the theoretical model that underlies these prescriptions. The legal regulation of the obligation of the representative was borrowed by the domestic legislator from the draft and the final text of the German BGB. The prescriptions for this undertaking were formed as a result of a heated debate that unfolded in the second half of the 19th century among German civil law experts. They developed the basic theories of an obligation of a representative without authority: a theory of tort liability, a theory of obligation from a guarantee agreement, a theory of pre-contractual liability and a theory of obligation to protect trust. The last theory turned out to be the most viable and was enshrined in the final version of § 179 BGB, and therefore in the paragraphs of Art. 183 of the Civil Code of the Russian Federation. The essence of this theory is that if a representative without authority concludes a contract on behalf of the principal who then refuses to approve, then a representative has an obligation to compensate a third party (counterparty) for property damage; this obligation follows from the prescription of the law and the trust of a third party in the existence of authority that the representative shows, regardless of the representative’s fault. The obligation of the representative without authority is not a tort liability or obligation from the guarantee agreement; this obligation is precontractual in nature, however, it cannot be considered as liability for unfair negotiation, as it arises without the fault of the representative. The theory of obligation to protect trust has not been well covered in Russian literature. The few domestic authors who answer the question about the basis of the occurrence and the legal nature of the obligation of a representative are supporters of the theory of tort liability, the theory of obligation from a guarantee agreement or the theory of pre-contractual liability.

Personality Rights in China’s New Civil Code: A Response to Increasing Awareness of Rights in an Era of Evolving Technology

Modern China ◽  
2020 ◽  
pp. 009770042097782
Author(s):  
Liming Wang ◽  
Bingwan Xiong
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
The Other ◽  
Personality Rights ◽  
Special Part ◽  
China Studies ◽  
Civil Codes ◽  
Legislative Model ◽  
Rights Consciousness ◽  
Chinese Civil Society

This article explores and assesses the significance of the adoption of a separate part (or, book 编) on personality rights in China’s new Civil Code. We argue that there are profound socioeconomic meanings underlying the technical changes in the classic structure of the civil codes in civil law tradition. On one hand, the stand-alone part on personality rights is the fruit and embodiment of the rising rights consciousness of personality in Chinese civil society, which has been largely unexplored in existing China studies. On the other hand, the part provides a new legislative model to comprehensively tackle the pervasive technological challenges to the protection of personal spheres, which is entangled with the rising rights consciousness over personality in China. Yet, the robustness of the acknowledgment of personality rights in this special part in promoting the protection of such rights remains to be tested in future court judgments.

Healthcare and Terrorism: The Lebanese Experience

2021 ◽  
pp. 1-4
Author(s):  
Nooreddine Iskandar ◽  
Tatiana Rahbany ◽  
Ali Shokor
Keyword(s):  
Public Health ◽  
Qualitative Study ◽  
Thematic Analysis ◽  
Terrorist Attacks ◽  
Analysis Method ◽  
Structured Interviews ◽  
Security Issues ◽  
The Face ◽  
The Common ◽  
First Time

Abstract Background: Due to the common instability caused by political and security issues, Lebanese hospitals have experienced acts of terrorism multiple times. The most recent Beirut Explosion even forced several hospitals to cease operations for the first time in decades—but studies show the preparedness levels for such attacks in similar countries are low. Objective: The aim of this study is to explore the experience of Lebanese hospitals with terrorist attacks. Methods: This qualitative study used semi-structured interviews with various stakeholders to assess their experience with terrorist bombings. Data was analyzed using the thematic analysis method. Results: The researchers found that Lebanese hospitals vary greatly in their structures and procedures. Those differences are a function of 3 contextual factors: location, culture, and accreditation status. Hospitals found near ‘dangerous zones’ were more likely to be aware and to have better response to such events. A severe lack of communication, unity of command, and collaboration between stakeholders has made the process fragmented. Conclusion: The researchers recommend a larger role for the Ministry of Public Health (MOPH) in this process, and the creation of a platform where Lebanese organizations can share their experiences to improve preparedness and resilience of the Lebanese healthcare system in the face of terrorism.

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