LABOUR RELATIONSHIPS IN CIVIL LAW. DIFFERENCE BETWEEN LABOUR AND CIVIL CONTRACTS

This article examines how and by what normative legal acts labor relations in civil law are regulated. This article analyzes errors and shortcomings in civil law contracts related to the provision of services in practice, as well as difference labor contracts and civil law contracts and errors that are allowed in their registration. The aspects and proposals that are necessary to eliminate and prevent offenses are also emphasized. The content, form, parties to the contract, obligations and rightsof the parties, obligations for violation of the contract, grounds for termination of the contract are also highlighted. And each of these above-listed aspects is compared with an employment contract. The differences arising from the comparison were studied by Russian and English scientists and their judgments on this situation were translated. Civil contracts regulating labor relations are considered on the example of the legislation of foreign states and the Republic of Uzbekistan. The advantages and disadvantages of a civil contract, its difference from employment contracts were explained by comparison in separate tables.Keywords:civil law contract, fee service contract, labor contract, contractor, customer, employee, employer, terms of contract

Exercise of Civil-Law Rights: Categories in the Context of Their Digitalization

With digital rights designated to the objects of civil rights in Art. 128 of the Civil Code, Art. 141.1 amended to include their legal definition, and a new wording of Art. 309 introducing ‘smart contracts’, the digital reform recently enacted in the Russian civil law has seen some major novelties. Needless to say, these accomplishments have challenged Russian civil law theorists. Discussions are underway to resolve both doctrinal and applied issues that had been more than obvious well before the legislative move which, according to one of the opinions, was an ‘admissible’ experiment. What remains now is to assess its viability. The author of this work set the goal to explore the way digital rights, primarily those that arise from ‘smart-contracts’, are (or can be) ‘exercised’. This is a perspective where a fundamental gap between ‘smart-contract’ and civil contract emerges. In the author’s view, efforts to overcome it by expanding the concept of subjective rights and the principles of contract law will not succeed. Since no proper verification of the interests of the parties to ‘smart contracts’, which are essentially a computer code, is available, and as the same refers to linguistic verification of their will, there is no way for ‘smart contracts’ to enter the domain of law. Digital ‘contracts’ are unapt to honour the principle of contractual equilibrium. The ‘self-execution’ of these contracts, as well as their inherent inability to be violated, are, if put in the civilistic context, their fatal flaw, and by no means a virtue. The article also shows that though instruments to ensure a relative irreversibility of rights are not unfamiliar to private law, they cannot serve as an excuse for such regime in contract obligations. That fixation of rights and transactions in digital form has become fully enshrined in the civil law is arguably the only compatible with its principles as well as much anticipated impact the digital reform has brought about.

Individual Contractual Regulation of Transfer of Authorities to the Manager

The article is devoted to the regulation of relations on the transfer of the authority to manage on the basis of a civil contract. To this end, the author examines the mechanism for the transfer and implementation of the authority on a contractual basis: characterizes the subjects involved in the transfer of the authority, the method and object of the authority, the structure of contractual ties and its stages, and defines the agreement on the transfer of the authority. In this case, the author proceeds from the fact that the agreement on the transfer of the authority and the agreement for the provision of operator services for management are different agreements, which have different objects and may have a different subject composition. In addition, the article examines the importance of individual contractual regulation on the basis of an integrative approach.

On the issue of re-qualification of a civil contract in the labor contract

The article examines the relationship between the concepts of “employment contract” and “transaction” on the basis of various opinions of scientists and judicial practice, as well as analyzes the legislation of the Russian Federation in the field of determining the powers of tax inspections in relation to the re-qualification of civil law contracts into labor contracts.

Term as an essential condition of a civil legal agreement

Problem setting. The changes and transformations that have taken place in the economy of our country have necessitated the reform and further study of contractual relations. These relationships arise, change and end over time. The conclusion of a contract is a rather complex process, which raises some issues related to the term of the contract and the term of realization of rights and obligations. The purpose of this work is a general study and analysis of the term as an essential condition of a civil contract. To achieve this goal it is necessary to solve the following tasks: 1) consider the definition of the term in civil law; 2) establish how the term and term are determined; 3) to investigate the term of the contract and the term of realization of rights and fulfillment of obligations; 4) investigate legal, contractual and judicial terms; 5) to analyze the classification of terms according to the degree of their certainty (absolutely definite, relatively definite and indefinite terms). Analysis of recent researches and publications. Civil scientists have studied contractual relations in various aspects. Research in this area was conducted by M. I. Braginsky, V. V. Vitryansky, V. V. Lutz and others. But the issue of term as an essential condition of a civil contract is poorly covered, is quite relevant and needs further study. Article’s main body. The article examines the term as an essential condition of a civil contract. The definition of the term is analyzed. The term of the contract and the term of realization of rights and fulfillment of obligations have been studied. Legal, contractual and judicial terms are investigated. The classification of terms by the degree of their certainty is analyzed, in particular, there are absolutely definite, relatively definite and indefinite terms. Conclusions. Thus, the study and analysis of terms as an essential condition of a civil law contract is of great scientific and practical importance, as they regulate civil circulation, stabilize civil relations and provide opportunities for proper and timely protection of civil rights.

MARRIAGE WITHOUT WALI’S CONSENT: A PARADIGM SHIFT IN THE FAMILY STRUCTURE OF PAKISTAN

In Islamic law on nikah is referred to as a civil contract. Thus, to fulfil a valid contract all the requisites of a valid marriage (arkan an-nikah) must be fulfilled. The majority of Muslim jurists opined that the consent of the guardian (wali) is one of the pillars determining the validity of marriage. Nevertheless, the Hanafi sect views that it as a mere condition for a marriage. In Pakistan, a precedent has been set in the Supreme Court’s case of Saima Waheed, where it was decided that an adult Muslim woman can marry without the consent of her guardian. The decision ignited a debate on whether the consent of a guardian is a requisite pillar of a marriage contract or merely a condition to it. In order to comprehend the issue of wali’s consent, it is essential to discuss the purpose of a marriage itself. This article discusses the importance of the wali’s consent under Islamic law, followed by an elaboration on the legal status of a marriage without consent of the guardian under the Pakistani law. Besides arm-chair research, interviews were conducted with female respondents who had conducted their marriage without their wali’s consent. The findings from these interviews indicate that marriage without wali’s consent is shattering the family structure and causing isolation of the partners both from the family and the society. Irrefutably, approval of the guardians in marriage is essential in sustaining the family system.

Contract for Public Procurement in Terms of Private Law

The authors have analyzed the way of the origin and consolidation of the public procurement procedure in the Ukrainian national law from 1993 till the present day. That allowed us to determine the main conditions of public procurement, which have not changed during the whole period of existence of the independent legal system of Ukraine, and to critically evaluate them. Namely, the basis for payment is a report on the results of public procurement during the procurement of goods, works or services, and the cost of procurement should have been equal to or have exceeded the amount of UAH 200,000. The main scientific works focused on the consideration of public procurement issues in various branches of Ukrainian law have been summarized. The concept of the contract for procurement has been generalized and its features have been listed: the contract for procurement is an agreement between the customer and the participant (most of the parties), aimed at establishing, transferring or terminating property rights and obligations, which is concluded as a result of the procurement procedure and which provides the acquisition of freehold interest in the property, provision of services or performance of works. The main conceptual contradictions between the contract for procurement, the civil contract and the commercial agreement have been established and characterized. Based on the analysis of tender, civil and commercial legislation, the authors have carried out a critical analysis of the contract for procurement in terms of understanding and essential terms of the general civil contract, namely: violation of the concept of free agreement between the parties, non-compliance with equality of the rights, unreasonable narrowing of the contract for procurement up to the provision of services, performance of works or acquisition of ownership for goods, which contradicts the draft contract included in the tender documentation, the impossibility of reducing the contract price in the direction of reduction as agreed by the parties, the lack of electronic form of the contract for procurement provided by the tender legislation.