Zemska Limitation of Action: Certain Issues of Theory and Practice

The history of law should be viewed not only within the context of the study on the birth of law being one of the social regulators, its emergence and evolution of its certain institutions, but also as an instrument of thorough understanding of legal forms recepted from Roman Law. Certain forms of these include usucapio – limitation of action introduced to Russian Imperial legislation by Article 301 of the Legislation Code of 1832.Ukraine can view the doctrine developed by legal scholars of those times as well as court practice on these issues as part of its own history as it used to be a part of the Russian Empire, where (except for Chernihiv and Poltava regions) Russian Imperial legislation was fully in force. Russian Imperial legal scholarship has adopted the approach applied by Roman law, including usucapio and praescriptio. However, the issue of usucapio existence in legislation acts of the Moscow State as a separate institute before 1832 has provided grounds for discussions.Similarly, the legal essence of the usucapio institute has also provided grounds for scholarly discussions on philosophic grounds regarding the impact of limiting legislation on the application of the limitation institute whether limitation should be similarly the ground for losing or acquiring rights, or regarding the conditions when the appropriate limitations may be applied.The analysis of past scholarly concepts provides possibilities to develop a full picture. Nevertheless, this picture is not without homogeneity of thoughts. The author takes the approach that the usucapio institute in Russian Imperial legislation has appeared and developed for assuring the stability of civil relations. Regardless of the division of providing evidence, the existence of the actual possession by the actual possessor of the mortgage after the 10-year term, the new possessor has been recognized and registered the property rights within time limitation if the conditions prescribed in the law are actually fulfilled. The interest in theoretical development in the limitation issue and the amount of the court practice provides evidence that it was claimed by the society.The definition of the Zemska time limitation has been changing gradually, and it can generally be viewed as calm, non-discussional, and continuous possession within the term developed by the law, in terms of “property”. The law of those times did not demand a fair possession conditions for acquiring the rights on limitation grounds, however this approach has been criticized by scholars.Generally, the author has selected the panoramic approach of constructing her research by paying attention to discussional issues, as well as the issues being of interest nowadays. Specific focus is made on actual inaction of titular proprietors of mortgage as the condition for loss of the right on limitation grounds and non-act possession. The actuality of stability of civil relations remains the same nowadays as it was in the past.

The Limitation of Action in Respect of the Claim for Deeming a Proprietary Right to Be Absent

The article analyzes the jurisprudence regarding the decision on the applicability of the statute of limitations to the claim for recognition of property rights as absent. The resolution of the stated dilemma is built by identifying the characteristic features of the claim for recognition of property rights as absent. It is concluded that the statute of limitations does not apply to a claim recognizing property rights as absent, since this requirement is aimed at challenging the registered right to immovable things, and by virtue of Art. 195 of the Civil Code of the Russian Federation, the statute of limitations applies only to claims based on a violation of the law, and not a dispute.

Application of Statutes of Limitations to Islamic Banking: The Case of Malaysia

Limitations of action designate extent of time after an event, as set by statutes of limitations, within which legal action can be initiated by a party to a transaction. No event is actionable outside the designated time as same is rendered statute-barred. This study aims to provide an insight into application and significance of Limitations Act 1950 and Limitation Ordinance 1952 to Islamic banking matters in Malaysia as well as Shariah viewpoint on the issue of limitation of action. In conducting the study, a qualitative research methodology is employed where reported Islamic banking cases from 1983 to 2018 in Malaysia were reviewed and analysed to ascertain the application of those statutes of limitations to Islamic banking. Likewise, relevant provisions of the statutes as invoked in the cases were examined to determine possible legislative conflicts between the provisions and the rule of Islamic law in governing the right and limitation of action in Islamic banking cases under the law. The reviewed cases show the extent to which statutes of limitations were invoked in Malaysian courts in determining validity of Islamic banking matters. The limitation provisions so referred to are largely sections 6(1)(a) and 21(1) Limitations Act 1953 and section 19 Limitation Ordinance 1953, which do not conflict with Shariah viewpoint on the matter. This study will prove invaluable to financial institutions and their customers alike in promoting knowledge and creating awareness over actionable event in the course of their transactions.

Zarzut przedawnienia jako podstawa powództwa opozycyjnego w obliczu zmian k.p.c. (usprawnienie postępowania czy ograniczenie dotychczasowych rozwiązań prawnych)

In the article dealing with the plea of limitation of action as the basis for a debtor’s action against enforcement, the author analysed the impact of amendments to the Code of Civil Procedure on the scope of application of this legal measure in the practice of applying the law. The author’s matter of concern is to decide whether changes to the CCP made by the Act of 4 July 2019 influenced the improvement of civil proceedings or only limited existing, well-functioning legal solutions. To present the issue mentioned in the title of the article properly the author first discusses the previous legal status, introducing the essence and legal nature of the debtor’s action against enforcement, and then analysed and evaluated the existing solutions. The conducted analysis indicated that the effect of adding articles 782 1 § 1 point 2, 797 § 1 1 and art. 804 § 2 of the CCP to the Code of Civil Procedure there is a significant reduction in the use of debtor’s action against enforcement. The court and the court enforcement officer, when examining the limitation period ex officio, do their part to the debtor, who is not obliged to undertake substantive defence using debtor’s action against enforcement. In author’s opinion, the effect of the newly introduced legal solutions, in addition to a number of interpretative doubts, is therefore excessive protection of the debtor at the expense of the creditor, on whom new obligations have been imposed in order to prove that the limitation period has been interrupted, which in her opinion leads to imbalance between the parties in the process.

23. Defences

This chapter begins with a brief discussion of the role of defences in the law of torts. It then considers their application to torts which require proof of damage in order to be actionable, and in particular with the tort of negligence. The discussions cover contributory negligence; consent; exclusion and limitation of liability; illegality; necessity; inevitable accident; authorisation; and limitation of action. The chapter takes into account recent statutory developments including the effects of the Consumer Rights Act 2015 on the law governing exclusion and limitation of liability. It also examines the extensive Supreme Court case law reexamining the defence of illegality.

Comparative analysis of social codes of constituent entities of the Russian Federation

The current system of social support for the population is regulated by a large number of federal and regional regulatory legal acts adopted over the past 25 years. This creates both significant problems for beneficiaries (does not allow to quickly focus on what measures of social support and under what conditions they are entitled), as well as certain difficulties for the authorities themselves.During the existence and development of the legal field in the field of social support, not only the terminology has changed, but also the principles and approaches to social protection. There is an objective need to systematize the existing legislation. The subjects of the Russian Federation took the path of codification: Social codes of the Astrakhan, Belgorod, Volgograd, Leningrad, Omsk, Yaroslavl regions and the city of St. Petersburg have already been adopted.The article provides a comparison of the social codes of the regions of Russia according to six criteria: basic concepts, goals and objectives of the code, principles of social legislation, the structure of the code, the presence of formulas for calculations in the text of the code, the limitation of action in time Following the analysis, recommendations were made to the constituent entities of the Russian Federation on the codification of social legislation.