The Limits of Annotation in Machine Learning a Documents Hohfeldian Legal Entities

Natural language processing (NLP) summarisers aim to capture the essential elements of a document. Yet, the ontological character of a summary can be domain specific. In legal analysis, the Hohfeldian matrix is used to summarise principle legal relations between agents, such as individuals and organisations. We test a limit of using machine learning (ML) to detect such agents. Based on training with our 2400 hand labelled annotations, an F1= 80.1 is found. Extrapolating this suggests that over one million annotations are required to capture all the agents mentioned in a document. This questions the feasibility of such an approach, one that is unable to be inclusive of all agents who are party to a legal relation. Such complete capture is an essential criteria of fair ML and accurate legal summaries. An alternative approach based on hypernymy is suggested.

Application of the civil law institution of pre-contractual liability to labor relations

The subject of this research is the legal relation that arise between the employee and the employer prior to signing employment agreement. Such relation, which suggest interviews, negotiation costs, etc., are not regulated by the Russian legislation. However, the number cases when the party suffers losses due to unfair conduct of negotiation by the other party increases. If the relations before conclusion of employment agreement are viewed from the perspective of labor legislation, there is no mechanism of compensation for damage. The article analyzes the need for inclusion of negotiations to the sphere of regulation of civil legislation and feasibility of application of the norms on pre-contractual liability in case of detection of bad faith. The author explores the foreign practice of implementation of the institution of pre-contractual liability in the sphere of employment. The novelty consists proving the expediency of application of civil law instruments to the relations under consideration. The article describes the procedural peculiarities of application of pre-contractual liability to the relations preceding labor relations. The following conclusions are made: relations that arise prior to signing employment agreement are referred to as civil relations, and do not intersect with employment relations; the job offer represents a formal offer within the framework of the Civil Code of the Russian Federation.

THE CONCEPT OF ACCUMULATION (CONCENTRATION) OF SOCIALLY SIGNIFICANT PUBLIC ELEMENTS IN LEGAL RELATION AS A BASIS FOR NON-ARBITRABILITY OF A DISPUTE

This article examines a relatively new phenomenon of domestic law enforcement practice – the arbitrability of disputes with a “public element”. Increasingly, the possibility of arbitration in disputes in which there is a so-called public element is being questioned. The courts do not disclose the concept of a public element. From the general understanding, it is only deduced that we are talking about public entities as participants in civil law relations, about the involvement of public property and budget financing in such relations. All the above relationships form an urgent problem of arbitration, which has a consequence in the form of refusal of state courts to enforce arbitral awards. This controversial judicial practice also gave rise to a controversial concept, which in the doctrine is called the concept of accumulation (concentration) of socially significant public elements. This concept raises questions from the point of view of the theoretical perception of this phenomenon: neither foreign nor domestic doctrine knew this phenomenon. Until this moment, only minor attempts were made to analyze this concept, as well as to analyze individual public elements and their impact on the legal relationship in terms of the possibility of a dispute from this legal relationship to be considered by arbitration. Bridging this gap is this article.

A Registration Space of the Kingdom of Spain: The Sector of the Acts of Civil Status

A registration space of the Kingdom of Spain that covers the legal statuses of subjects and the legal regimes of objects, is represented by three zones: international, public and private. The state registration area can be contingently divided into four sectors: Civil Status Registry Office, Notary, commercial and fiscal sectors. The author chooses the civil status registry office sector as a subject of research, since she believes that the registration of acts of civil status that determines the legal status of persons, identifies and individualizes participants in legal relations, is of primary importance in the registration space. Thus, the record of the birth of a child is the beginning of his social life (not biological). It is the record of the birth of a child that generates a stable political and legal relation with the state expressed in the acquisition of citizenship and it confirms the chil’s legal capacity. The author believes that the study of foreign experience of legal regulation, especially in modern conditions of digitalization, contributes to the improvement of their own legislation.

REDEMPTION AS A LEGAL FACT IN CIVIL LAW

The article is devoted to the problem of redemption as a legal fact. In its external form and in its legal consequences, it represents a paid transfer of ownership of a thing and thus primarily resembles a contract of sale, so that it could be considered as a special case of it. However, at the doctrinal level, there is a completely different picture, where the redemption under its civil law regime is not only not identified with the purchase and sale, but sometimes does not even receive unambiguous recognition as a transaction. It is noted that the comparison of various options for redemption, enshrined in the norms of civil law, allows us to identify one common feature for them: in all cases, the decision to transfer ownership or to terminate the obligation (as in the case of an annuity contract) is made not by mutual will, but unilaterally. At the same time, the transfer of the right or the termination of the legal relationship in all cases is carried out on a strictly reimbursable basis. The universal property of redemption is precisely the legal effect, the emergence of a new legal relationship is only optional. Therefore, it is possible to formulate the definition of re-demption as a paid termination of a real or binding legal relationship at the request of one of the parties or a third party. In determining the redemption price, the agreement of the parties one of them is obliged to pay the agreed amount and the right to appropriate the thing from another – an obligation to provide the item and receive the agreed amount. Thus, the relation-ship of the participants in the buyout fits the description of the obligation. Moreover, the existence of an agreement between the parties indicates that this obligation is of a contractual nature. In the case of a buyout, such an integral element of the freedom of contract as the ability to decide at its own discretion whether to enter into this contract or not to enter into it is not maintained. More precisely, only one of the parties to the contract, namely the initiator of the purchase, is entitled to such a right, and this violates another fundamental principle of civil law – the equality of the participants in the legal relationship. The overall buyout model is a complex factual composition and includes the following elements: 1) the Base purchase (for example, abandoned the maintenance of cultural values, the mistreatment of animals, disagreeing with the decision of the shareholders meeting, etc); 2) treatment with the ransom demand, the transaction; 3) determination of the redemption price of: a) by agreement – a contractual obligation; b) court – ordered non-contractual obli-gation; 4) Payment of the purchase price (optional characterized proprietary and joint rela-tions, is the transfer of property to the payer; 5) Termination of a pre-existing legal relation-ship (with or without a new one).

Partially Moral Legal Relations. Who is to Blame? (Review of the Monograph: Serkov P. P. Legal Relation. The Morality of Modern Legal Regulation. M.: Norma, 2020. – 686 p.)

The solution to the problem of the relations between morality and law proposed in the monograph is a serious attempt to create a new concept of moral law and legal relations using the achievements of other liberal arts in contrast to the ideas in legal science prevailing now. Conclusions and suggestions are justified only in those parameters in which the researcher does not absolutize the role of morality in each of the named manifestations.

THE POSTMORTEM TRANSFER OF DIGITAL OBJECTS: A USER AGREEMENT VS NATIONAL INHERITANCE LAW

The article reviews the issue of the correlation of rules for the postmortem transfer of digital objects established by user agreements of online communities as public agreements on the one hand and national inheritance law on the other hand. Essentially, the problem is that the case law of the Supreme Court of Russia de facto sanctions contractual restriction of inheritance even in cases not directly stipulated by law. Such restriction is imperatively stipulated in the majority of user agreements. The author concludes that three approaches to the determination of the essence of a legal relation between a user being a testator and an Internet community administrator have been currently established in the doctrine and judicial practice. According to the first approach, such a legal relation is a legal relation involving a consumer, thus, the postmortem transfer of rights under a user agreement (and therefore digital objects assigned to the heir's account) should be carried out even notwithstanding any possible contractual limitations. The second approach is based on the conceptualization of such a legal relation as a legal relation not involving a consumer, for which cause contractual limitation of inheritance under a user agreement is possible. The third approach is based on the conceptualization of a separate type of such a legal relation — a legal relation between a player and an online game administrator — as a legal relation concerning the organization of a game and participation in it, the rights whereunder are not subject to judicial protection and thus may be restricted. Based on an analysis of specific cases, legal doctrine and legislation files, the author concludes that there are grounds for the determination of relations between a user being a testator and an Internet community (social media, game platform, etc.) administrator as relations involving a consumer. Therefore, a conclusion is made that the restriction of inheritance rights under a user agreement is inadmissible.