Journal articles on the topic 'Relations of obligation'
To see the other types of publications on this topic, follow the link: Relations of obligation.
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Relations of obligation.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Zhabinsky, Igor’ G. "The Content of Legal Relations of Pledge of Binding Rights." Rossijskoe pravosudie, no. 12 (November 17, 2023): 34–40. http://dx.doi.org/10.37399/issn2072-909x.2023.12.34-40.
Abstract:
The article deals with the problematic issues of determining the content of the legal relationship on pledge of obligatory rights. The author raises the question of whether between the pledgor and the pledgee arises a mandatory legal relationship different from the main obligation. Based on the analysis of scientific doctrine and current legislation, the author concludes that the legal relationship between the pledgee and the pledgee is a complication of the main obligation, and not a separate obligation. The article also considers separate rights and obligations of the pledgee and the pledgee.
2
Koval’, Vladimir N. "The action of rights in rem on the relations of merchant shipping." Vestnik of Saint Petersburg University. Law 15, no. 1 (2024): 119–35. http://dx.doi.org/10.21638/spbu14.2024.108.
Abstract:
The article explores the legal nature and analyzes the relationship of property, obligation and public law relations arising in the field of merchant shipping. The conclusion about the leading role of civil law in the regulation of these relations is substantiated. At the same time, the basis for the construction of both obligations and public marine legal relations are proprietary relations and rights ("rights in rem"), that establish the affiliation of material objects which are used for merchant shipping. Considering the inconsistency of the current real law regulation with existing socio-economic needs, the author analyzes the content of the bills prepared in the process of reforming civil legislation. In author`s opinion, these bills do not fully solve the tasks of establishing in the Civil Code of the Russian Federation a closed list of rights in rem («numerus clausus») and proper regulation of possession. In particular, the unresolved problems of regulating proprietary rights on natural resources, the controversial approach of the legislator and the authors of the reform to determining the legal status of a sea vessel are noted. The author does not agree with the exclusivity of the principle of a single real estate object and justifies the need to preserve the status of a sea vessel as a real thing. The article defends the position of a consistent distinction between real and obligation, absolute and relative, as well as private law and public law relations. However, the author does not agree with the self-removal of civilists from the tasks of coordinating civil and administrative legislation. The right of ownership and other absolute proprietary rights (rights in rem) are regulated exclusively by civil law. Their connection with such public law obligations as obligations to ensure the safety and environmental friendliness of merchant shipping is realized by concretizing in relative public legal relations the general passive legal obligation of the owner not to violate the subjective rights of other persons. This obligation is enshrined in the provisions of the Civil Code of the Russian Federation and is characterized in modern civil science as a general regulatory and protective obligation of a public law nature. The author of the article substantiates that such an obligation may arise not only from the owner, but also in cases where a person owns a material object on other titles (bareboat charter, possession of cargo, etc.). The above justifies the need to formulate the general provisions of rights in rem not only considering the tasks of ensuring civil circulation, but also taking into account the needs of public law regulation of such areas as merchant shipping.
3
Bogacheva, T. V. "The Security Deposit in Obligations under a Construction Contract: Theoretical and Practical Aspects." Actual Problems of Russian Law 16, no. 1 (January 28, 2021): 80–90. http://dx.doi.org/10.17803/1994-1471.2021.122.1.080-090.
Abstract:
The paper, on the basis of theoretical constructions, normative acts, materials of law enforcement practice, examines the peculiarities of legal regulation of relations arising during the use of security payment to enforce the obligation. Emphasis is placed on theoretical and practical aspects of the application of security payment in contractual obligations. The author justifies her viewpoint concerning the prospects of using a security payment to ensure the performance of tort obligations. It is concluded that the scope of application of a security payment in tort obligations is rather limited. On the example of securing the performance of tort obligations arising during the performance of work under the contract, the author argues that the security payment is mainly applicable to secure the fulfillment of the tort obligations arising between persons in contractual relations, in a situation where the counterparties face a threat of harm in execution of a civil obligation. The author emphasizes that the security payment agreement is a consensual transaction.
4
Klosko, George. "The Moral Force of Political Obligations." American Political Science Review 84, no. 4 (December 1990): 1235–50. http://dx.doi.org/10.2307/1963261.
Abstract:
Political obligations vary in force. Though we have strong obligations to obey certain laws, our obligations to obey others appear to be considerably weaker. Because the weakness of the obligations to obey certain laws has been employed as an argument against the existence of general prima facie political obligations, an adequate theory of political obligation must account for this. By employing the obligation to keep promises as a model, I sort out the factors that contribute to the force of prima facie political obligations. Their varying force can be explained according to a general theory of political obligation founded on the principle of fairness.
5
Dolotina, R. R. "On the Issue of the Concept of Social Obligation." Courier of Kutafin Moscow State Law University (MSAL)), no. 2 (May 22, 2024): 153–62. http://dx.doi.org/10.17803/2311-5998.2024.114.2.153-162.
Abstract:
The article defines the concept of social obligation on the basis of a doctrinal analysis of the general theoretical foundations for the definition of obligations, taking into account the interdisciplinary nature of social obligations. The formulation of the definition of social obligation is given through the relationship between obligations and responsibilities. It is noted that social obligation (in the broad sense of the word) should be understood as a type of socially regulated social relations, within the framework of which an individually determined party is necessarily required to carry out normatively proper behavior to satisfy a wide range of socially significant interests. Social obligations in the narrow (social security) sense are the need for compensation established by law on the part of a public authority or non-state entity that arises among citizens as a result of the onset of a social risk of adverse consequences.
6
Bonotti, Matteo. "Partisanship and Political Obligation." Politics 32, no. 3 (September 3, 2012): 153–61. http://dx.doi.org/10.1111/j.1467-9256.2012.01440.x.
Abstract:
Political parties have generally been disregarded in the literature on political obligation. In this article I argue that, regardless of whether ordinary citizens or residents of a polity have any political obligations, partisanship generates its own kind of political obligations. Participating in party politics qua party members, supporters, activists or even mere voters produces benefits that generate corresponding and proportionate political obligations for those who enjoy them. The political obligations of partisans are easier to justify than those of ordinary citizens as the conditions under which the benefits of partisanship can be rendered excludable are easier to obtain.
7
Cherneha, Vitalii. "The mechanism for legal regulation of business entities' tortious obligations in Ukraine." Multidisciplinary Reviews 6, no. 2 (August 4, 2023): 2023020. http://dx.doi.org/10.31893/multirev.2023020.
Abstract:
This study seeks to build a theoretical concept of the mechanism for the legal regulation of business entities' tortious obligations in Ukraine. To achieve the objective of the study described below, the following scientific cognition methods have been used: analysis, analogy, deduction, induction, synthesis, legal and historical, systematic and functional methods. The mechanism for legal regulation of business entities' tortious obligations constitutes a set of legal tools (civil law means, ways and forms), the coordinated interaction of which can regulate relations in tort. The mechanism for legal regulation of business entities' tortious obligations includes tort law provisions, jural facts, business entities' tortious obligations, exercising subjective rights and fulfilling obligations by business entities liable for torts. Based on the analysed Ukrainian legislation, the following types of business entities' tortious obligations have been distinguished: the obligation to reimburse the affected party for damages caused by the source of major hazard; the obligation of an individual and legal entity (business entity) to reimburse the affected party for damages caused by their/its employee; the obligation of a business entity to reimburse its employee for damages caused to their life and health; and the obligation to reimburse the affected party for damages caused by defective goods and services.
8
Guyvan, P. "The duration of the contract as a period of civil liability." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 164–69. http://dx.doi.org/10.24144/2307-3322.2022.70.23.
Abstract:
This scientific article is devoted to the study of the current issue of the duration of the civil obligation and its relationship with the term of the contract. According to the current legislation of Ukraine, the subjective rights and obligations of the parties to contractual obligations are valid until terminated. Every obligation has its duration, and the term is its key characteristic and is included in the content of the obligation. This applies to both regulatory relations (intact) and security (those that arise and develop autonomously after the offense). The author argues that the duration of regulatory relations is determined by the parties to the contract, and it is during the contract that the creditor’s right and the debtor’s obligation must be exercised. After the expiration of a certain period (and the term is an essential prerequisite for the contractual obligation), the regulatory relationship is terminated. However, it is emphasized that the current legislation does not define the expiration of the term as a ground for termination of the obligation. This is its significant disadvantage. Specific proposals for the legal regulation of this issue are provided. The article analyzes the real relationship between the counterparties regarding the early termination of the contract. It may be terminated not only as a result of unilateral actions of the party, but also with the consent of the counterparties and as a result of other phenomena. The author proves that the contract ends with the termination of obligations contained in the contract. In other words, it is terminated due to exhaustion of conditions. An unfulfilled contract may also be terminated early. This is possible by mutual consent of the participants, or by the will of one counterparty, if provided by the agreement or established by law. The article examines in detail the grounds and mechanisms of these actions, special attention is paid to the termination of the contract as a sanction for improper compliance with its terms. Certain criteria for distinguishing the termination of the contract from the waiver have been critically assessed, primarily on the grounds of restitution consequences. Aspects that arise as a result of early termination of the contract are also considered: after the expiration of regulatory obligations may give rise to others - security. These obligations are related to the return of the performed (for example, the return of the leased thing), compensation for damages, performance in kind of counter-obligation, etc.
9
Kundeus, Oleksandr, Nataliia Zarudna, and Bogdana Truhonovetcka. "Historical and economic essence of liabilities for accounting and taxation purposes." Galic'kij ekonomičnij visnik 85, no. 6 (2023): 76–87. http://dx.doi.org/10.33108/galicianvisnyk_tntu2023.06.076.
Abstract:
The article delves into the concept of «obligations» from a historical perspective. An exploration of the essence of obligations spans from the times of the Roman Empire and the Middle Ages to contemporary interpretations. In order to account for obligations, a list of relevant accounts was compiled, which has also evolved and is presented in the article. Simultaneously, the significance of the development of this concept for accounting and taxation purposes was revealed. The essence of obligations is unveiled from both legal and economic standpoints. Rooted in the origins of legal direction since Roman law, it is understood that an obligation establishes a specific legal connection between its participants, resulting in certain rights and duties. However, it's noted that most scholars who researched the concept concluded that it is grounded in economic relations, intermediating them, and is by no means a technique for organizing economic production activities. In essence, obligations represent legal relations through which one party (debtor) must act in favor of another party (creditor) in certain actions (transferring property, performing work, paying money, etc.), or conversely refrain from specific actions, while the creditor has the right to demand the debtor's fulfillment of their obligation. The framework of regulatory documents defining the recognition and accounting of obligations is identified. The interconnection of subjects, objects, and the content of the concept of «obligation» is substantiated, suggesting that obligations are demands placed on a company's assets by its creditors, essentially an unregulated indebtedness of the enterprise. Furthermore, it's established that obligations in a modern context are characterized by specific economic resources, specificity, maturity dates for this indebtedness, compensation for resource usage, and specific sanctions for breaching previously agreed contractual obligations concerning terms or amounts of debt repayment. The position of enterprise obligations in the structure of company liabilities complies with national accounting standards.
10
Semenukha, Tatiana B. "Legal Relations Arising when Concluding a Preliminary Agreement." Proceedings of the Southwest State University. Series: History and Law 11, no. 5 (2021): 19–31. http://dx.doi.org/10.21869/2223-1501-2021-11-5-19-31.
Abstract:
Relevance. Despite the widespread use in civil circulation of the civil law structure of the preliminary contract and the attention to it from the scientific community, in law enforcement practice there are many controversial issues related to the application of this structure. The article presents the results of a study of the complex of legal relations that emerge upon the conclusion of a preliminary contract. The author qualifies these legal relationships as organizational obligations, reveals in their content mutual subjective civil rights and obligations. The fulfillment of these obligations is due to demand, but the new provisions of the legislation governing the conditional performance of obligations turned out to be worked out to a lesser extent than the conditional performance of obligations based on the preliminary agreement. The purpose of the study is an attempt to formulate new scientific provisions based on an in-depth analysis of the provisions of the current legislation concerning the conclusion and execution of a preliminary contract. Objectives: identify and study the specifics of legal relations that develop in the process of concluding a prelim-inary contract, give them scientific qualifications, analyze the norms of the current legislation and determine the direc-tions of its development. Methodology. In the study there were used the dialectical-materialistic method, the system method, the methods of analysis and synthesis, and the formal-legal method. The results the research is of a theoretical and applied nature and is aimed at improving the quality of law en-forcement practice and improving legislation. Conclusions. The author, on the basis of the analysis, comes to the conclusion that as a result of the conclusion of a preliminary contract, an obligation arises with conditional performance, the conclusion of a preliminary contract regarding a real contract does not contradict the current legislation, although it has features in terms of the con-sequences of failure to fulfill the main obligation.
11
Kuldashev, Nuriddin. "PARTICIPATION OF STATE AUTHORITIES IN DELICT OBLIGATION RELATIONS: PROBLEMS AND SOLUTIONS." International Journal Of Law And Criminology 03, no. 01 (January 1, 2023): 57–65. http://dx.doi.org/10.37547/ijlc/volume03issue01-11.
Abstract:
The article covered the formation of norms on compensation for damage caused by state bodies, the participation of state bodies in delict relations as a "state institution" as well as a "legal entity" and the importance of this. Also, the specific aspects of delict responsibility of public institutions were explained. It was substantiated in which cases the obligation of state bodies to compensate for damage should be paid from the state budget and in which cases at the expense of their own extra-budgetary funds. The opinions of Civilist scientists expressed by officials of state bodies on the issue of compensation for damages caused by unlawful decisions, illegal actions (inaction) were analyzed. From foreign countries, for example, Germany, England, Turkey, Ukraine, the legislation of the Russian Federation and a number of CIS countries has been studied. In our national legislation, proposals and recommendations have been developed to improve the mechanism of compensation for damage caused by state bodies. In the process of exercising the powers of power by state bodies and their officials, it was scientifically substantiated that it is necessary to establish a special fund of the state in order to ensure timely and full compensation for damage to a citizen and legal entity.
12
Babaeva, Parvana Bayram. "General nature of legal regulation of constitutional legal relations." SCIENTIFIC WORK 62, no. 01 (February 8, 2021): 147–50. http://dx.doi.org/10.36719/2663-4619/62/147-150.
Abstract:
Summary Constitutional legal norms are general rules of compulsory behavior established or sanctioned by the state for the purpose of protection and regulation of certain public relations. There are implemented through specific rights and obligations and provided by the coercive force of the state. Constitutional legal norms are general rules of coercive behavior established by the state for the purpose of protecting and regulating certain social relations. These are legal norms implemented through certain rights and obligations and provided by the coercive force of the state. The content of constitutional legal relations reflects the mutual rights and obligations of the parties. These rights and responsibilities are closely related. Traditionally, the obligation of one party is considered to correspond to some right of the other party. Key words: constitution, legal relationship, general character, regulation, normative
13
Fox, Elizabeth. "Anticipating Relations." Cambridge Journal of Anthropology 37, no. 1 (March 1, 2019): 32–46. http://dx.doi.org/10.3167/cja.2019.370104.
Abstract:
In the outskirts of Ulaanbaatar, known as ger districts, a growing number of rural-to-urban migrants live without access to formal urban infrastructure or regular incomes. Under these challenging material conditions, personal networks take precedence, providing and regulating access to employment and meat provisioning. Looking beyond discussions of anticipation among migrants focusing on the goals of migration, I interrogate the role of anticipation in the making and maintaining of relational networks. Existing analyses of such networks in Mongolia have generally relied on idioms of reciprocity or obligation. Focusing instead on material transfers and transactions among ger district residents reveals such networks to be more ambiguous and prone to failure than notions of reciprocity or obligation can easily accommodate. This article argues that the productive contradiction within the concept of anticipation – encompassing both expectative waiting and pre-emptive action – can illuminate new aspects of these relations and networks in action.
14
Guyvan, P. "The essence of the undetermined civil term and its relationship with the term determined by the moment of the creditor's claim." Uzhhorod National University Herald. Series: Law 1, no. 73 (December 9, 2022): 69–74. http://dx.doi.org/10.24144/2307-3322.2022.73.12.
Abstract:
This article is devoted to the scientific analysis of the topical issue of temporal regulation of civil relations using indefinite terms. A similar mechanism of temporal normalization of specific relations is established normatively, in particular, in Part 2 of Art. 530 of the Civil Code of Ukraine. The situation is directly foreseen when the deadline for the debtor to fulfill the obligation may not be established by the agreement of the parties. And this does not mean that the obligation does not have a deadline for its implementation. In this case, the debtor's obligation to fulfill the obligation arises after a specific time or immediately after the creditor's demand, which the latter can present at any moment. Contracts may generally not contain conditions on the period (terms) of performance, which does not make them defective. After all, the legal relationship established in them will be implemented someday, but such a time will come only when the right holder wants it. The obligation to fulfill such an obligation arises after the creditor presents a demand and must be fulfilled immediately, within seven days or within another established period after the demand. Particular attention in the work is devoted to clarifying the idea of a regulatory rule about the presence of indefinite terms, terms determined by the moment of demand. For this purpose, a thorough study was carried out of the question of what constitutes obligations, for which the term (term) of performance is not established or is determined by the moment of the creditor's demand, and what practical form specific contracts take on in the presence of such obligations. As established by the author, the legal construction with their distribution is an unfortunate mistake of the legislator. After all, in essence, there is no difference in the order of application of unspecified terms and those determined by the moment of demand. The beginning of both temporal dimensions is determined by the will of the creditor, the mechanism is implemented in both cases in the same way - by presenting a claim, and the fulfillment of each of the claims takes place in the same order and in the same period. After all, the stylistic analysis of the legal norm, part 2 of Art. 530 of the Civil Code of Ukraine shows that regarding the establishment of a deadline for a possible creditor's claim, it does not refer to any specific deadline for presenting a claim. It is about the fulfillment of the obligation when the demand is presented, or is fully covered by the mechanism of indefinite periods. The analysis of specific situations proved the identity of the commented relations.
15
Lyutova, Olga I. "The Principle of Independence in the Fulfillment of Tax Obligations in the Context of Digitalization of the Economy." Theoretical and Applied Law, no. 1(15) (March 2023): 99–105. http://dx.doi.org/10.22394/2686-7834-2023-1-99-105.
Abstract:
The study considers the conceptual problem of transforming the content of one of the principles of the institution of tax liability — the independence of its execution — in the context of its development in the information environment and in the conditions of the active use of modern digital technologies in the implementation of tax relations. It is proved that in the modern realities of the digital transformation of taxation in the field of legal regulation of the principle of independence of the fulfillment of the tax obligation, two interrelated trends are realized: firstly, the delegation of the obligation to calculate taxes to the tax authority not only in relation to individuals, but also for organizations and individual entrepreneurs; secondly, there is an expansion of the list of powers of tax authorities related to the fulfillment of the obligation to pay tax. The author analyzes various novelties of the tax legislation of the Russian Federation from the point of view of the use by the legislator of the principle of independence in regulating the tax legal relations of the digital era. In conclusion, it was concluded that digitalization leads to a gradual reduction in the number of taxpayers’ tax obligations, which is implemented primarily by imposing them on both the tax authorities and other participants in tax legal relations.
16
Pateman, Carole, and Nancy J. Hirschmann. "Political Obligation, Freedom and Feminism." American Political Science Review 86, no. 1 (March 1992): 179–88. http://dx.doi.org/10.2307/1964023.
Abstract:
How should feminist theorists approach the analysis of political obligation and freedom? In her article in the December 1989 issue of this Review, Nancy Hirschmann proposed a fundamental reconstruction of these concepts. Carole Pateman agrees that liberal obligation theory inadequately treats the coercion of women and other groups under the guise of voluntary obligations. But she argues that Hirschmann goes too far, particularly in rejecting the priority of freedom. Hirschmann explicates their disagreements and her approach.
17
Demchenko, M. V., and E. M. Shishkanova. "FEATURES OF BANK PAYMENT OBLIGATIONS (BPO) AS A NEW PAYMENT INSTRUMENT IN THE FRAMEWORK OF THE SWIFT TSU PLATFORM." Innovatics and Expert Examination, no. 1(26) (March 15, 2019): 89–96. http://dx.doi.org/10.35264/1996-2274-2019-1-89-96.
Abstract:
The article presents the characteristics of the Bank payment obligation (BPO) in the framework of international trade in order to study one of the new and promising forms of non-cash payments. Special attention is paid to the specifics of this form of payment, its positive and negative sides. In addition, to clarify the importance and significance of Bank payment obligations in the context of international trade relations, the statistics of its use at the international level. At the same time, the question of the effectiveness of the Bank payment obligation in Russia and the prospects of its widespread use as an analogue of traditional forms of non-cash payments remains debatable. Moreover, taking into account the innovative nature of this new payment instrument, the problem of the correct legal regulation of the Bank payment obligation remains open.
18
Neframi, Eleftheria. "The Duty of Loyalty: Rethinking its Scope through its Application in the Field of EU External Relations." Common Market Law Review 47, Issue 2 (April 1, 2010): 323–59. http://dx.doi.org/10.54648/cola2010017.
Abstract:
The duty of loyalty, or loyal cooperation, (Art. 4(3) TEE, ex Art. 10 EC) governs the interactions between the Union and national legal orders and is linked to fundamental principles, such as effectiveness, primacy and respect of the Member States’ autonomy. In the field of EU external relations, the duty of loyalty may express different facets of the Union interest. As an expression of the obligation to effectively implement common rules, the duty of loyalty permits to understand how a mixed agreement in its entirety has to be considered as a source of European Union law. Besides, the duty of loyalty implies the need to ensure the effectiveness of EU law obligations in the exercise of the Member States’ retained competence. It results from the recent case law of the Court of Justice that Member States have the obligation to eliminate not only established, but also hypothetical incompatibilities between common rules and their prior international commitments (Art. 351(2) TFEU, ex Art. 307(2)EC). Furthermore, the duty of loyalty implies an obligation for the Member States to facilitate the exercise of the Union competence. It is the basis of their obligation to refrain from adopting a unilateral position and, in some cases, to act in the interest of the Union. Finally, the duty of loyalty, through the duty of close cooperation, contributes to the fulfillment of the requirement of unity of the external representation of the European Union and its Member States.
19
Ingadottir, Thordis. "The ICJ Armed Activity Case – Reflections on States' Obligation to Investigate and Prosecute Individuals for Serious Human Rights Violations and Grave Breaches of the Geneva Conventions." Nordic Journal of International Law 78, no. 4 (2009): 581–98. http://dx.doi.org/10.1163/090273509x12506922939999.
Abstract:
AbstractIn the Armed Activity Case, the International Court of Justice, found Uganda in breach of various international obligations. In establishing the state responsibility of Uganda, the Court concluded that in the Democratic Republic of Congo the country's troops committed, among other offences, grave breaches of international humanitarian law, as well as serious human rights violations, including torture. According to the Geneva Conventions of 1949 and human rights treaties, these acts should also entail individual criminal responsibility. Furthermore, states have undertaken an obligation to investigate and prosecute individuals for these heinous acts. However,enforcement of that obligation has always been problematic; states have been very reluctant to prosecute their own forces. And without an effective enforcement mechanism at the international level, states have largely gottenaway with this bad practice. In light of the importance of having a state's responsibility support the enforcement of individual criminal responsibility at the national level, the article briefly reflects on the case's impact on individual criminal responsibility. It addresses the issue in two ways. Firstly, it examines a state's obligation to prosecute individuals as a secondary obligation, i.e., inherent in a state's obligation to make reparations for an international wrongful act. Secondly, it explores a state's obligation to prosecute individuals as a primary obligation, undertaken in the Geneva Conventions and human rights treaties. The article concludes thatdespite the clear obligation of a state to enforce individual criminal responsibility for the acts at hand in the Armed Activity Case, and the rear occurrence of having a case of this nature reaching the jurisdiction of the International Court of Justice, where the opportunity to address it and enforce it was largely missed. The nature and submissions in other recent cases at the International Court of Justice indicate that in the near future the Court will have a larger role in enforcing states' obligation to investigate and prosecute serious crimes at the national level.
20
Андрусів, Уляна, and Дмитро Забзалюк. "Responsibility of participants of tourist relations for violation of monetary obligations." Law Review of Kyiv University of Law, no. 1 (June 21, 2022): 141–45. http://dx.doi.org/10.36695/2219-5521.1.2022.25.
Abstract:
The article is devoted to the specifics of civil responsibility of participants of tourist relations for breach of monetary obligations.The institute of civil responsibility of participants of tourist relations for violation of monetary obligations encourages the parties to thecontract to properly fulfill their obligations, and is also a guarantee of effective protection of their rights and legitimate interests. At thelegislative level, a different set of measures of responsibility is provided for, which can be used by a participant of tourist relations inorder to restore their violated rights.The authors substantiated the thesis that if the amount of the penalty is not specified in the contract, and the law regulating therelevant legal relations does not provide for the possibility of its collection, then the right to it does not arise. It was concluded that apenalty is characterized by an incomplete composition of a civil offense, and for the emergence of an obligation to pay it, damages andtheir amount have no legal significance.In order to protect the interests of tourists, it is proposed in the Law of Ukraine «On Tourizm» to replace the right to collect afine instead of a credit penalty.It has been established that entities that carry out and/or provide tourist activities have the right to collect a contractual penalty,and tourists – a legal penalty in the amount specified in Part 5 ofArticle 10 of the Law of Ukraine «On Protection of Consumer Rights».It was concluded that freedom in the defined scope of contractual responsibility cannot be considered absolute, since the limitsof self-regulation are defined at the legislative level by establishing mandatory prohibitions.The thesis about the inadmissibility of thesimultaneous collection of a fine and a penalty for violation of a monetary obligation is substantiated.Based on the analysis of court decisions and doctrinal approaches, it was concluded that inflationary losses and 3% per annumare part of the monetary obligation and are a special measure of responsibility. The inadmissibility of applying indexation to monetaryliabilities expressed in equivalent to foreign currency has been established.It is emphasized that the payment of a contractual or legal penalty should eliminate the possibility of additional recourse to themethods of protection established by Art. 625 of the Civil Code of Ukraine.
21
PLOTNIKOV, Viktor S., and Olesya V. PLOTNIKOVA. "The concept of accounting for contractual obligations: Searching for accounting development areas." International Accounting 25, no. 12 (December 15, 2022): 1326–45. http://dx.doi.org/10.24891/ia.25.12.1326.
Abstract:
Subject. This article discusses the possibility of including a system of changes in market relations and their impact on the financial results of the organization's activities in the field of accounting and economic analysis. Objectives. The article aims to determine the possibility and necessity of forming information in the field of accounting containing a prognostic function, which can be achieved by including a new concept in the structure of accounting, namely the concept of accounting for contractual obligations, and prove the necessity and objectivity of information when including in the field of accounting its new objects, i.e. contractual law and contractual obligation. Methods. For the study, we used academic economics in the field of accounting, namely the economic theory of ownership of an economic resource, the theory of contractual relationships, and the theory of contractual obligations. Results. The article presents a proof of compliance of the concept of accounting for contractual obligations with the International Conceptual Framework for Financial Reporting (2018), which defines an economic resource as a right to an asset that has the potential to create economic benefits in the future, and a contractual obligation corresponding to this right, namely to transfer an economic resource. Conclusions and Relevance. Contractual obligations, by virtue of their objectivity, must find their place in the structure of accounting, since information about them is formed on the market. The systematic reflection of contractual obligations expands the scope of accounting to include market relations in it. The concept of accounting for contractual obligations makes it possible to reduce the gap between academic economic science and accounting theory.
22
Liu, Jieyu. "Intimacy and Intergenerational Relations in Rural China." Sociology 51, no. 5 (April 27, 2016): 1034–49. http://dx.doi.org/10.1177/0038038516639505.
Abstract:
This article applies the concept of intimacy to examine relationships between adult children and their parents in rural China – an area which has been predominantly located in an obligatory framework. I reveal a qualitative difference in support between relationships built on intimate ties and those bound by duty and obligation. A unilateral emphasis on obligation-based relationships can deprive both the parent and adult child generations of agency and autonomy, which can be disempowering for both. The complex relations between intimacy and obligation are the product of local socio-economic circumstances and gender norms. Although traditional patrilineal and patrilocal culture excludes married daughters from the filial discourse surrounding their own parents, they are often considered to have the most intimate relationship with their parents. Paradoxically, the practices of intimacy between aged parents and their married daughters strengthen the natal ties that facilitate modifications to patrilocal and patrilineal customs.
23
Sayatova, M. N. "Securing the performance of the loan obligation." Scientific works "Adilet", no. 1 (2021): 103–7. http://dx.doi.org/10.54649/2077-9860-2021-1-103-107.
Abstract:
The article examines the legal nature of the institution of ensuring the fulfillment of obligations. An analysis of the methods of security known in civil law is carried out and an attempt is made to determine among them the optimal ones for use in the field of credit relations. At the same time, it is emphasized that the list of ways to ensure the fulfillment of obligations contained in the Civil Code of the Republic of Kazakhstan is open, allowing the subjects of civil law relations to independently develop the most convenient ways to secure obligations.
24
Kwon, Hyo Sang. "A study on the Measures to Improve Accountability in Online Insurance Sales." Korean Insurance Law Association 17, no. 2 (June 30, 2023): 141–98. http://dx.doi.org/10.36248/kdps.2023.17.2.141.
Abstract:
In Korea, online platforms for insurance sales services are increasing. In other words, the demand for non-face-to-face insurance sales services are increasing. However, the current Commercial Act, the Insurance Business Act, and the Act On The Protection Of Financial Consumers are difficult to secure the effectiveness of regulations. In addition, the problem of the elderly who are alienated from these technological developments is being raised. Therefore, it is necessary to develop a Commercial Act concerning the obligation of explanations of insurers and other financial instruments sellers. Because of the Commercial Act, an insurer to supplement the status of such insurance contracts of asymmetric information method as compared with that. In other words, it serves as a general law for insurance contracts that govern judicial relations between contracting parties regarding rights and obligations. In the case of foreign countries, the obligation to explain insurance sales organizations is stipulated. With this in mind, it is necessary to improve the obligation to explain the Commercial Act.
25
Reus-Smit, Christian. "Obligation through practice." International Theory 3, no. 2 (June 20, 2011): 339–47. http://dx.doi.org/10.1017/s1752971911000078.
26
Nyka, Maciej, and Karolina Zapolska. "The Impact of the DAC7 Directive on the Functioning of Platforms and Platform Operators, from the Perspective of the Legal Model of Their Collaboration with Individuals." Białostockie Studia Prawnicze 29, no. 2 (May 22, 2024): 177–93. http://dx.doi.org/10.15290/bsp.2024.29.02.13.
Abstract:
Abstract In order to achieve the main objective of sealing the tax system, Council Directive (EU) 2021/514 of 22 March 2021 Amending Directive 2011/16/EU on Administrative Cooperation in the Field of Taxation (DAC7) introduces an obligation to report income obtained by sellers via a digital platform in one of the Member States. However, the implementation of the provisions of DAC7 in the field of reporting also has non-fiscal consequences. The DAC7 Directive interferes in the way sales platforms function, imposing additional obligations on them which are closer to models of cooperation in employer–employee relations than in B2B relations.
27
Semenukha, T. B. "Legal relations arising when concluding public agreements: types and legal nature." Juridical Journal of Samara University 7, no. 4 (April 11, 2022): 117–23. http://dx.doi.org/10.18287/2542-047x-2021-7-4-117-123.
Abstract:
The article is devoted to the definition of the nature of legal relations that develop during the conclusion of public contracts. The author examines these legal relationships and reveals absolute and relative legal relationships that arise when concluding public contracts. The meaning and legal consequences of the obligation to conclude them are determined. The judgments expressed in science, according to which, prior to the commencement of the procedure for concluding a public contract between a person engaged in entrepreneurial or other income-generating activities, and the other party, there is an absolute obligation are critically evaluated. The inadmissibility of the idea that the abovementioned person does not have an obligation to conclude a public contract at all, and the action of article 426 of the Civil Code should be qualified as a reflexive action of law, is recognized as unacceptable. It is proved that the obligation relationship certainly arises within the framework of the construction of a public contract, but not from the moment the obligation arises to conclude it, but from the moment of the onset of a special legal fact the appeal of a specific consumer.
28
SEREBRYAKOVA, ALLA. "FAMILY MAINTENANCE OBLIGATIONS IN FAMILY RELATIONS." Sociopolitical sciences 10, no. 4 (September 30, 2020): 118–23. http://dx.doi.org/10.33693/2223-0092-2020-10-4-118-123.
Abstract:
A task. The author of the article set himself the task of answering the question - what is meant by obligations for material security in family relations. Model. To solve this problem, it is necessary to investigate the issues of legal regulation of material content obligations under the family legislation of the Russian Federation and alimony relations, identify the features of legal regulation of material content relations, propose a model for building material content relations between their various participants and understand the relationship between material content obligations and alimentation obligations. Conclusion. A distinction should be made between material support in the family and alimony. They treat each other as general and private. According to the author, there is a contradiction between the rule established by law that certain categories of persons are liable for material maintenance and the assumption of execution under duress of the same obligation, which must be fulfilled voluntarily. Practical significance. The author of the article believes that the conclusions formulated in the submitted article will be useful for a theoretical understanding of legal relations of alimony, an understanding of the relationship between obligations for material maintenance under family law of the Russian Federation and alimony. Social consequences. the theoretical model proposed by the author of the study as the basis for the possible legislative consolidation and subsequent practice of applying material content, including alimentation, between participants in family relations in conjunction with other measures taken in this direction [6] will allow over time to solve the systemic problem of alimony payments. Originality, value. A correct legal understanding of the legal situation, which causes practical difficulties, will strengthen the rule of law and encourage necessary legislative changes to ensure the most effective regulation of family and alimony relations.
29
Grans, Lisa. "A Right Not to Be Left Alone – Utilising the Right to Private Life to Prevent Honour-related Violence." Nordic Journal of International Law 85, no. 3 (July 13, 2016): 169–200. http://dx.doi.org/10.1163/15718107-08503002.
Abstract:
Honour-related violence is increasingly recognised as a human rights problem in a number of countries. However, the scope of State obligations to prevent such acts remains largely unexplored, with the exception of so-called honour killings. This article analyses other forms of honour-related violence from the perspective of the right to private life. It argues that a positive obligation to prevent honour-related violence arises under this right. The extent of the obligation is exemplified by demonstrating to which honour-related acts the right to private life is applicable and which measures authorities can be expected to take in order to prevent these acts.
30
Pilipović, Dejan. "One-year statutory limitation period for claims in the context of obligation law and consumer law." Zbornik radova Pravnog fakulteta Nis 61, no. 95 (2022): 161–83. http://dx.doi.org/10.5937/zrpfn1-38578.
Abstract:
This paper analyzes some issues related to the one-year Statute of limitations for claims, from the beginning of this period and throughout its course, in the context of obligation (contract) law and consumer law relations. The focus is on reconsidering whether the length of the special one-year Statute of limitations should be changed. The author examines whether there is room for refining, specifying and amending the provisions of the Obligation Relations Act, especially pertaining to the beginning of this period, given that the legal provisions on the one-year Statute of limitations in this Act do not contain special rules on this issue. The discussion is further complicated by the fact that in the Republika Srpska, the Consumer Protection Act contains a provision on a one-year Statute of limitations for claims on services of general economic interest. Is the circle of claims or the rule concerning the beginning of this Statute of limitations different from the one prescribed in the Obligations Relations Act? The paper aims to find answers to these questions by using scientific research methods in the analysis of legislation, legal theory and case law, as well as the questionnaire techniques in the empirical research which is of both theoretical and practical importance.
31
Makovei, N. D. "Legal and Individual Regulation of the Distribution of the Risk of Property Losses." Rossijskoe pravosudie 6 (May 26, 2021): 51–55. http://dx.doi.org/10.37399/issn2072-909x.2021.6.51-55.
Abstract:
The article examines the issues of legal and individual regulation of relations that arise when the parties have a legal relationship of property losses. The author examines the grounds for the occurrence of property losses and, depending on the grounds for their occurrence, proposes to differentiate them into losses associated with a violation of one of the parties' obligations and losses arising from reasons beyond the control of the parties. The article raises the question of approaches to the distribution of property losses that are not related to the violation of an obligation, and also highlights the levels of regulation of legal relations emerging in this area.
32
Погрібний, С. О. "ПРО ПРАВОВУ ПРИРОДУ ЗОБОВ'ЯЗАНЬ ГАРАНТА ЗА БАНКІВСЬКОЮ ГАРАНТІЄЮ." Наукові праці Національного університету “Одеська юридична академія” 12 (May 6, 2019): 234–44. http://dx.doi.org/10.32837/npnuola.v12i0.230.
Abstract:
Наведена стаття присвячена дослідженню питання з'ясування правової природи зобов'язань, що виникають у гаранта у цивільних відносинах з банківської гарантії. Автор визначає характер відносин учасників банківської гарантії — гаранта, принципала та бенефіціара, характер їх взаємних зобов'язань, специфіку правовідносин між ними. З огляду на обрану проблематику автор зосередив свою увагу на питаннях поняття та правової природи банківської гарантії, характеру обов'язків гаранта перед бенефіціаром, незалежності гарантії від основного зобов'язання, правових наслідках порушення боржником зобов'язання, забезпеченого гарантією, порядку пред'явлення вимоги бенефіціара до гаранта про сплату грошової суми, строку пред'явлення вимоги бенефіціара до гаранта, меж здійснення обов'язку гаранта тощо.
The Resulted article is devoted research of question of determination of legal nature of obligations, arising up for a guarantor in civil relations from a bank guarantee. An author determines character of relations of participants of bank guarantee — guarantor, principala that fide-comissary, character of their mutual obligations, specific of legal relationships between them. Having regard to select problematiku an author turned the attention on questions of concept and legal nature of bank guarantee, character of duties of guarantor before a beneficiary, to independence of guarantee from a basic obligation, law consequences of violation of obligation, provided with a guarantee a debtor, order of producing of requirement of beneficiary to the guarantor about payment of money sum, line of producing of requirement of beneficiary to the guarantor, limits of realization of duty of guarantor.
33
Gulomov, Akmalzhоn. "PRESUMPTION OF GUILT OF THE DEBTOR FOR FAILURE TO FULFILL CONTRACTUAL OBLIGATIONS IN AGRICULTURE." Review of Law Sciences 5, no. 2 (November 24, 2021): 53–58. http://dx.doi.org/10.51788/tsul.rols.2021.5.2./xpox2822.
Abstract:
In the theory of civil law, a contract as a legal fact is an agreement on the emergence, change and termination of rights and obligations of its participants. It is the main legal instrument in all spheres of public life, including agriculture, in the formation of property relations, such as the transfer of property, the performance of work, and the provision of services. In the agricultural sector, the following are widely used: contracts of contracting with agricultural producers, organizations for the production and processing of agricultural products; contracts with suppliers for the supply of material and technical resources; as well as contracts with service organizations for mechanized work, service, agrochemical, agrotechnical services. The parties to these agreements assume certain obligations regarding their content. However, the fulfillment of contractual obligations depends on the actions of the counterparties. Failure to comply with contractual discipline entails civil liability. This, in turn, forces the plaintiff (creditor) to use the presumption of guilt principle. The debtor is responsible for the improper performance of the obligation. The article examines the presumption of the debtor’s guilt in failure to fulfill contractual obligation as a subject of research.
34
Slipchenko, A. S. "Translational succession." Bulletin of Kharkiv National University of Internal Affairs 102, no. 3 (Part 2) (October 4, 2023): 69–78. http://dx.doi.org/10.32631/v.2023.3.29.
Abstract:
The article examines the translational succession. The characteristic features and signs of legal acquisition have been identified. The features of translative succession, modern and most common approaches to its understanding have been considered. A comparison of translative succession and constitutive succession has been made. By identifying such differences, the article outlines the boundaries of the concept of “translative succession”. The method of analysis, synthesis and comparison has been used in the work, which allowed to identify the structural components of succession and to bring them together.
It has been established that legal succession is a transfer of rights and/or obligations from one person to another, which results in a change of the subject of legal relations. It has been found that succession is understood in the same way in many other countries. It has been concluded that the difference between constitutional succession and translative succession lies in the identity or non-identity of the right or obligation of the predecessor and the successor. In the case of translative succession, the right is transferred in full, and in the case of constitutive succession – only partially. The conclusion has been made that in case of translative succession the rights should be transferred only in full.
In general, translative succession as a type of succession is the transfer of rights and/or obligations from one person (predecessor) to another (successor), resulting in the replacement (change) of the subject of legal relations. At the same time, despite the change of the subject, the legal relationship itself as a systemic formation remains unchanged. The article establishes that the obligation which arose during the testator’s lifetime on the basis of a loan agreement and the obligation which was transferred to the heirs as a result of translational succession may not be the same in scope.
35
Alimuddin, Harwis. "Asas Berimbang Hak &Kewajiban Suami Istri & Penyesuaiannya Dengan Budaya Lokal Menurut Hukum Islam." Al-Manhaj: Journal of Indonesian Islamic Family Law 4, no. 1 (June 26, 2022): 90–106. http://dx.doi.org/10.19105/al-manhaj.v4i1.6263.
Abstract:
This study reveals the urgency of adjusting the rights and obligations of husband and wife to the local culture by using the principle of impartiality and obligation as a barometer of adjustment. The problem studied is the nature of rights and obligations in Islamic law discourse; local cultural relations with the rights and obligations of husband and wife in sharia texts; and the pattern of application of the principle of impartiality and the obligations of husband and wife. The data collection technique used is a literature study. The data were analyzed using lughawiyyah and istislahiyyah theories. This study concludes that the rights and obligations of husband and wife are not something rigid, but something flexible that can be adapted to local culture while maintaining the principle of equality and the obligations of husband and wife.
36
Gould, Harry. "Categorical obligation in international law." International Theory 3, no. 2 (June 20, 2011): 254–85. http://dx.doi.org/10.1017/s1752971911000091.
Abstract:
International Law in its current form is dominated by positivism and voluntarism; yet, it has accepted a number of concepts from the Natural Law tradition that seem on the face of things to ill-fit the dominant normative complex. Of primary concern here are the Natural Law notions of categorical obligation that have been brought into International Law in the form ofjus cogensrules. A number of interesting questions present themselves. What are positivists doing talking about categoricals? How have they found a way to make this fit within their larger doctrine? Have positivists adopted the language of categorical obligation, but only the language, not the correlative practices? Is it simply a matter of smuggling in alien concepts and shoehorning them despite the lack of fit, or have they created something new that only seems not to fit? Ultimately, what we find is that International Law has accepted this idea in a form that ultimately is limited by voluntarism's insistence on the voluntary and specific character of all obligations.
37
Vandamme, Pierre-Étienne. "Exploitation et obligation de travailler." Les ateliers de l'éthique 9, no. 2 (September 22, 2014): 29–49. http://dx.doi.org/10.7202/1026676ar.
Abstract:
Cet article défend une définition de l’exploitation, restreinte aux relations de travail, en tentant d’une part d’expliciter une certaine compréhension de sens commun du concept (rémunération inéquitable en fonction du travail presté), et d’autre part d’échapper aux difficultés qui ont affecté la définition marxiste traditionnelle de l’exploitation comme extorsion de la plus-value (dans ses diverses variantes). Il explore ainsi le lien entre l’exploitation et l’obligation matérielle de travailler pour subvenir à ses besoins fondamentaux. Après avoir mis en garde contre les politiques d’activation des chômeurs, il conclut que l’exploitation est un phénomène contre lequel on peut lutter à l’aide de mécanismes relativement simples, même dans les sociétés capitalistes. Il rappelle toutefois que cela ne suffit pas à réaliser la justice sociale, resituant l’exploitation parmi d’autres enjeux fondamentaux pour une philosophie politique égalitariste
38
Trezubov, Egor, and Ekaterina Rusakova. "THE EVOLUTION OF SURETYSHIP IN ROMAN AND RUSSIAN LAW OF OBLIGATIONS." Herald of Omsk University. Series: Law 17, no. 1 (June 1, 2020): 82–93. http://dx.doi.org/10.24147/1990-5173.2020.17(1).82-93.
Abstract:
Introduction. The authors analyzes the historical development of the suretyship in the law of Ancient Rome and Russia. It is generally accepted that traditional private law institutions, which are also means of securing obligations, penetrated into Russian law through double reception – after their development in German and French law. Meanwhile, the suretyship was not created by Roman lawyers from scratch, it replaced the barbaric ways of securing the interests of the creditor based on hostage, debt bondage and others. The same methods evolved in ancient Russian law into an independent institution of bail. Purpose. The purpose of this study is to generalize and systematize knowledge about the historical development of the institution of suretyship in Roman private law and Russian law. Despite a long evolution, in modern Russian law the suretyship loses its accessory features that have been formed for more than two millennia, and acquires signs of abstractness. In this regard, it is important to determine the constitutive features of the legal relationship of surety to identify the trajectory of the subsequent development of the institution of personal securing of obligations. Methodology. In carrying out this study, general scientific and private law methods were used, including the system-structural method, methods of functional and historical-legal analysis. Results. Personal security of civil obligations arose in the legal space from the artificial creation of a correal plurality on the side of the debtor, which quickly outlived itself in view of the impossibility of achieving the goal of security – the proper guaranteeing effect for the lender. With the development of private law in Rome, the evolution of the institution of suretyship is visible – from the verbal forms of confirmation of third party debt and sureties for it, implemented by citizens in the form of sponsio, to the late form of fideiussor’s financial responsibility, tending to the modern model of guarantee. Russian suretyship develops from the universal institute of bail, mentioned even in the sources of law of the princely period. The bail was applied in all kinds of, not only private law relations, and was used as a general basis for third party liability. With the complication of civil relations, bail also develops as a means of personal security of the obligation, and by the beginning of reception of Roman law, the Russian suretyship naturally reached similarities with personal security in the sources of this reception – German and French law of obligations. The Russian suretyship of the XIX century becomes an independent obligation, the parties to which are the creditor and the surety, while the surety is not a co-borrower in the secured obligation and does not fulfill the main obligation as an intercession, the right of claim from the creditor passes to it, and the guarantor's liability, presumed as subsidiary, is realized only in cash. The further development of Russian suretyship, unfortunately, indicates the use of more pro-creditor approaches, which was caused by the unsatisfactory contractual discipline of the parties to civil legal relations. Conclusion. In the process of its evolution, surety remains the most used, and, in fact, the only universal way of personal securing obligations, despite the permanent attempts of scientists and law enforcement to introduce other means into civil relations. Recognizing the special significance of the suretyship, it is important to preserve the traditional constitutive features of this institution.
39
Inshakova, Agnessa. "A Theoretical Model of Equitable Rights and Legal Obligations: The State-Legal Reality." Legal Concept, no. 2 (July 2023): 6–16. http://dx.doi.org/10.15688/lc.jvolsu.2023.2.1.
Abstract:
The relevance of research. The main topic of the current issue of the legal journal “Legal Concept” = “Pravovaya Paradigma” deals with a very urgent and acute problem: the problem of socio-economic transformations affecting the equitable rights and legal obligations of citizens and legal entities in modern conditions. The editor analyzes the concepts of equitable right and legal obligations as elements of the theory of legal relations. The close interrelation of the categories “equitable right,” “rights and legitimate interests,” and “legal obligations” is revealed. Equitable rights and legal obligations are studied by the authors of the scientific papers on the main topic of the issue as elements of various areas of public relations arising in modern socio-economic realities. The scientific novelty of the conducted intersectoral research on some aspects of the preservation and defense of equitable rights is manifested in the fact that this category has undergone a significant evolution in terms of its understanding and interpretation, which is proved by the authors of the heading “The main topic of the issue” through the example of several branches of legal regulation as well as public relations, which are different in their social, economic, and legal nature. The methodological framework for the collective research is made up of general scientific methods of cognition used in the social sciences in general, including legal ones. They form a system of general, special, and private methods of scientific research. Among the most significant general methods of cognition are historical materialism, formal-logical and statistical methods, analysis, induction, deduction, and consistency. The special and private methods are presented in the scientific papers under this heading mainly by the legaldogmatic (formal-legal), comparative-legal, and regression analysis methods. The results of the study. During the analysis of the scientific papers presented under the heading “The main topic of the issue,” the author of the editorial column turned to the fundamental works of famous Russian, Soviet, and modern scientists, whereby it was revealed that the category of “equitable right” is closely related to the category of “rights and legitimate interests” as well as to the category of “legal obligation.” It is established that the category of “rights and legitimate interests” is based on the concept of “equitable right.” The contribution to the formation and development of the doctrine of equitable rights, rights and legitimate interests of Russian lawyers, in particular Professors B.N. Chicherin, G.F. Shershenevich, S.A. Muromtsev, and Soviet and modern lawyers, in particular S.S. Alekseev, S.N. Bratusya, N.A. Barinov, S.A. Burmistrova, S.V. Tretyakov, Yu.N. Andreev, etc., is investigated. In turn, it is revealed that an equitable right in general terms as a claim is the right to protection or the right to a claim in the substantive sense, which makes it possible to enforce the debtor’s obligation in case of its breach by the latter. The concepts of equitable rights and legal obligations are analyzed within the framework of the theory of legal relations. Conclusions. It is proven that equitable rights are a measure of permissible behavior by a person. This is the possibility of positive behavior by the authorized person himself; the opportunity to demand the behavior from the obligor; the opportunity to resort to state coercion. It is established that the social attitude is primary, and equitable right and legal obligation constitute its elements, due to the fact that the transformations of the legal regulation of equitable right and legal obligation are directly dependent on the socio-economic transformations of the social order and are objectively subject to evolutionary processes.
40
Bitca, Ion, and Ala Andon. "Effects of autonomous personal guarantee." Vector European, no. 2 (January 2023): 5–8. http://dx.doi.org/10.52507/2345-1106.2022-2.01.
Abstract:
The legal relationships that arise in connection with the autonomous personal guarantee are limited to the following three categories of relationships: the relationships that arise between the creditor and the autonomous guarantor, between the creditor and the debtor of the main obligation and the relationships between autonomous guarantors, in the case of multiple guarantors In the relations between the creditor and the autonomous guarantor, it is of interest to satisfy the creditor's claim, which will be made on the basis of a request addressed by the creditor to the guarantor, which, as a rule, the request will be addressed, after the obligation, whose claim is guaranteed, will be due, but not later than the expiry of the deadline of the autonomous personal guarantee (art. 1655, par. 1, first prop., Civil Code). However, according to the provisions of art. 1655, para. 1, prop. the second and art. Art. 1643 paragraph 3, Civil Code, the request may be made even before the obligation is enforceable if the following conditions are met: --- the obligation whose claim is guaranteed becomes due on the cut-off date of the term of the autonomous personal guarantee or, at the most, within 14 days from this cut-off date; --- the application must be submitted no later than 14 days after the deadline for the autonomous personal guarantee. In the relations between the guarantor and the main debtor, the autonomous personal guarantee will only produce effects if the obligation of the main debtor is due and enforceable, this because, as the obligation is usually established in favor of the debtor, the guarantor will not be able to be forced to perform in advance guaranteed obligation. If the guarantor will receive a request for the execution of the debtor's obligation, he is obliged to notify the debtor of his intention to execute or refuse to execute the obligation. Any consequences resulting from failure to fulfill this obligation will be borne by the guarantor. In the case of a plurality of guarantors, in the relations between the guarantors, the guarantee is joint and several, the guarantor who will execute the main obligation will have a right of recourse against the other guarantors, for their partial shares, which until proven otherwise are presumed to be equal.
41
Florczak-Wątor, Monika. "The Constitutional Obligation of the State to Protect the Weaker Party in a Horizontal Relationship." European Studies 6, no. 1 (December 1, 2019): 237–53. http://dx.doi.org/10.2478/eustu-2022-0039.
Abstract:
Summary The aim of this paper is to present how the State’s obligation to protect the weaker party in a horizontal relationship can be reconstructed from the provisions of the constitution. The paper outlines the concept of the protective obligations of the State as well as the peculiarities of the horizontal relationships. It deals with normative grounds for the general obligation to protect an individual by the State and for the specific protective obligations with respect to particular rights and freedoms. The analysis is primarily based on the constitutional provisions of Visegrad Group countries and includes the provisions of the European Convention on Human Rights. The paper concludes that conflicts of the State’s protective obligations resulting from conflicts of the rights and freedoms of individuals should be resolved in the same way in which the theory of law recommends resolving conflicts of constitutional principles.
42
Rasskazova, V. V. "Agreement on the termination of obligation by transferring indemnity: content and special features." Bulletin of Kharkiv National University of Internal Affairs 101, no. 2 (P. 1) (July 2, 2023): 43–51. http://dx.doi.org/10.32631/v.2023.2.04.
Abstract:
In order to ensure stable law enforcement, it is important to have a correct interpretation of the functions of the institution of indemnity and unified approaches to the implementation of the mechanism for concluding and executing an agreement on the transfer of indemnity. The legal nature of the transfer of indemnity, its special properties and significance in the construction of termination of an obligation by indemnity have been investigated. It has been emphasized that the function of the indemnity agreement is to record the parties’ agreement to terminate the principal obligation in this way, as well as explained the peculiarity of the indemnity agreement as a combination of the features of the law-establishing and law-terminating legal fact, since the agreement both gives rise to additional rights and obligations for the parties and serves to terminate the original obligation as a result of its execution i.e. transfer of the indemnity by the debtor to the creditor.
It has been suggested that it is the content of the agreement between the creditor and the debtor on the transfer of the indemnity, which is concluded in compliance with the requirements of current legislation, that allows distinguishing the indemnity from related institutions of law of obligations, and determining the nature of legal relations between the parties in case of disputes. For example, debt forgiveness is a law-terminating legal fact presented in the form of a transaction that does not create an obligation between the creditor and the debtor, and novation, unlike indemnity, does not provide for the termination of the binding relationship between the parties, but rather the preservation of such a relationship in a modified form.
Attention has also been drawn to the inadmissibility of entering into an agreement on indemnity by third parties who are not parties to the original obligation. Thus, the mechanism of termination of an obligation by indemnity is based solely on the will of the parties and their mutual agreement on all essential terms of indemnity transfer, which excludes any form of participation of a third party in the decision to terminate the obligation between the creditor and the debtor in this way.
43
Koraev, K. B. "Expediency of Consolidating Conditional Fulfillment of an Obligation in the Civil Code of the Russian Federation." Lex Russica 77, no. 3 (March 27, 2024): 9–21. http://dx.doi.org/10.17803/1729-5920.2024.208.3.009-021.
Abstract:
A study of the institution of conditional performance of obligations has shown that, although in the legal systems of some States obligations are called conditional, we are talking about conditional transactions. Russia is the only state that, along with «conditional transactions,» has established «conditional obligations» in the meaning of the obligation consolidated in Article 307 of the Civil Code of the Russian Federation. The experience of using this approach has shown its inconsistency, since in practice situations arise that violate the balance of interests between the parties to the contract. For this reason, the Supreme Court of the Russian Federation was forced to cancel the effect of this norm, indicating that the occurrence of an obligation should be linked not to the fact of the occurrence of a condition, but to the expected date of its occurrence. After such an interpretation, the conditionality of the fulfillment of the obligation provided for in Article 327.1 of the Civil Code of the Russian Federation ceased to be conditional. An unconditional transaction is the cause (causa) of the obligation from the moment it is made. This means that suspension is unusual for an unconditional transaction. In contrast, a transaction with a suspensive condition acquires the properties of the cause (causa) only from the moment the condition occurs. Therefore, for such a transaction, the state of suspension is normal. Among other things, the author concludes that the current legal regulation of relations for the provision of paid services with the achievement of results is carried out using the norms of Article 327.1 of the Civil Code of the Russian Federation. It is difficult to agree with this approach, since failure to achieve the result of the service will mean that one party has fulfilled its obligations under a paid contract to perform certain actions or carry out certain activities (paragraph 1 of Article 779 of the Civil Code of the Russian Federation), and the other party is exempt from paying for it.
44
Dean, Hartley. "Working parenthood and parental obligation." Critical Social Policy 21, no. 3 (August 2001): 267–86. http://dx.doi.org/10.1177/026101830102100302.
45
АМИНЕВА, Айгуль Юлаевна. "ON THE SPECIFICITY OF THE OBLIGATIONS OF THE PARTIES TO NEIGHBORHOOD LEGAL RELATIONS." Rule-of-law state: theory and practice 18, no. 3(69) (October 20, 2022): 5–12. http://dx.doi.org/10.33184/pravgos-2022.3.1.
Abstract:
The existence of good neighborhood relations is based on the scrupulous performance by each of the parties of their obligations, which ultimately results in the observance of an order based on law.Purpose: to analyze the problems of legal regulation of the bligations of the parties to neighborhood legal relations, their characteristics and content. In the course of the study, general scientific and specificscientific (legal and dogmatic, interpretation of legal norms, and others) research methods are used. Results: it is established that, to date, there is no legal definition of the obligations of neighbors,the obligations of the parties to neighborhood legal relations are separately enshrined in various normative acts, including in sources of public branches of law. It is concluded that an obligation of a partyin neighborhood legal relations should be understood as a measure of proper behavior of one person (neighbor) established by law, agreement of the parties or custom in order to satisfy the interestsof another person (another neighbor), provided with the possibility of applying coercive measures. The main purpose of fulfilling civil law obligations of the neighbors is to ensure the observance of the rightsand legal interests of the parties to neighborhood legal relations, in which the conduct of each party to this legal relationship will not exceed the permissible limits, established by law, including sanitary,urban planning, building, technical regulations and standards, either by any agreement of the parties or by customs in force in a particular t erritory.
46
Lefeber, René. "Cum Grano Salis." Leiden Journal of International Law 11, no. 1 (March 1998): 1–7. http://dx.doi.org/10.1017/s0922156598000016.
Abstract:
It has to date not been examined in-depth what correlative rights and obligations the breach of an erga omnes obligation or an erga omnes right may entail. In his Separate Opinion in the Gabčíkovo-Nagymaros case, Judge Weeramantry devotes one section to the legal consequences of the involvement of erga omnes obligations in inter partes judicial procedures. This editorial analyses the relevant parts of Judge Weeramantry's Separate Opinion and explores the impact it may have on future litigation involving erga omnes issues.
47
Osmanoğlu, Ahmed Emin, and Cemil Öztürk. "Comparing analysis perception of citizenship in Turkey's and Egypt's social studies textbook." Pegem Eğitim ve Öğretim Dergisi 2, no. 3 (September 1, 2012): 43–62. http://dx.doi.org/10.14527/c2s3m5.
Abstract:
The contents of the textbooks are shaped according to the policies and education programs of the states. Textbooks are important information sources that reveals various perceptions of states. In this context, the objective of this study is comparing citizenship perceptions of Turkeys' and Egypts' according to their social studies textbooks. Content analysis and comparative research methods are used in the research. Defining of category, - scale-, of citizenship is as follows: The legal connections that determine relations between state and individual, relations among individuals who live in the same country. The term refers to obligations and rights among which individuals' against state and states' against to individuals. Rightful citizenhip perception comes into prominence in Turkish social studies textbooks. Mostly, it refers to womens' rights, freedom of thought, rights of education. Obligations are taxing obligation, receiving education and working. In Egypts' social studies textbooks, obligations come into prominence for perception of citizenship. There isn't any information about citizenship rights in textbook. Obligations are about to obey rules, laws and protect environment.
48
Zhornokui, Yu M. "Freedom and obligatory performance of a contract in the civil law of Ukraine." Bulletin of Kharkiv National University of Internal Affairs 99, no. 4 (December 21, 2022): 69–80. http://dx.doi.org/10.32631/v.2022.4.06.
Abstract:
An analysis of the legislation of Ukraine, as well as doctrinal approaches and judicial practice regarding the understanding of freedom and obligation to perform a contract in the civil law of Ukraine, has been carried out. It has been concluded that the legislation in many respects creates situation where the principle of freedom of contract is restricted. At the same time, neither legislation nor law-enforcement practice contain any reservations that would allow changing the relevant state of affairs in favor of the principles of dispositive regulation of private law relations.
It has been noted that the principle of freedom of contract within civil law relations does not have an absolute nature, which is confirmed by the provisions of civil legislation that ensure the procedure for conclusion, execution and responsibility for individual contractual structures regulated by the Civil Code of Ukraine (e.g., a public contract, an accession agreement, etc.), as well as relations connected with consumer protection.
Based on the conducted research, it has been proposed to single out two main models for restriction of contract freedom: 1) establishment of direct restrictions by the state, by indicating which specific conditions the parties are forbidden to agree on in the contract; 2) consolidation of general evaluation standards that the transaction and its terms must meet by the legislator or higher courts at the level of law or law enforcement practice.
Attention has been focused on the fact that the ability to realize interests under one’s own responsibility is the basis of the contract, and that contractual binding and responsibility are its inevitable consequences. Despite the fact that the legislation provides for the obligation to perform the contract (Article 629 of the Civil Code of Ukraine), it also provides for cases of contract parties’ release from the performance of their obligations (from the obligation of the contract).
49
Oates, John G., and Eric Grynaviski. "Reciprocity, hierarchy, and obligation in world politics: From Kula to Potlatch." Journal of International Political Theory 14, no. 2 (January 6, 2018): 145–64. http://dx.doi.org/10.1177/1755088217751753.
Abstract:
The observation that agents and structures are co-constituted is now commonplace, yet scholars continue to struggle to incorporate this insight. Rationalists tend to overemphasize actors’ agency in the constitution of social order while constructivists tend to overstate the degree to which structures determine action. This article uses The Gift to rethink the agent–structure debate, arguing that the model of social relations Mauss outlines in this work sheds new light on basic concepts in international relations theory such as reciprocity, hierarchy, and obligation. Mauss’ social theory locates the generative structure of social order in diffuse exchange relations, what he terms gift exchange, and assumes that actors are both socially positioned within hierarchical relations of exchange and reflexive agents who are able to understand and strive to change those relations. In so doing, he avoids reducing social order to either deeply internalized social norms or instrumental interests, navigating between agents and structures to develop a more dynamic model of social relations. This model of social order permits a richer understanding of hierarchy in world politics that appreciates the experience of domination and the possibility of resistance. It also provides a distinct understanding of the nature of social obligation and the “compliance pull” of social norms, locating their force in the reflexive recognition by actors that they are dependent on shared social relations for meaningful social agency. This points toward an ethics of stewardship that opens up new perspectives on the duties that states and others owe to each other, a duty grounded in an acknowledgment of our mutual vulnerability as socially constituted agents.
50
Vandenhole, Wouter. "Economic, Social and Cultural Rights in the CRC: Is There a Legal Obligation to Cooperate Internationally for Development?" International Journal of Children's Rights 17, no. 1 (2009): 23–63. http://dx.doi.org/10.1163/157181808x358267.
Abstract:
AbstractSeveral provisions of the Convention on the Rights of the Child contain references to international cooperation, sometimes in combination with a reference to the needs of developing countries. This article explores whether these references, in light of the interpretation given by the Committee on the Rights of the Child and of other human rights treaties which contain similar wording (in particular the International Covenant on Economic, Social and Cultural Rights and the Disability Convention), amount to a legal obligation to cooperate internationally for development in the field of economic, social and cultural rights. While it is not possible to establish the existence of a legal obligation to provide development assistance in general – which would amount to an extraterritorial obligation to fulfil – legal obligations to respect and protect economic, social and cultural rights of children in third countries do apply. Moreover, the CRC Committee has clarified some specific obligations of fulfilment for donor countries, such as, amongst others, the allocation of 0,7 per cent of GDP to development assistance, and the adoption of a rights-based approach to development cooperation, in which children's rights are mainstreamed.