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Iryna, Sharkova. "Genesis Good Faith Interpretation (Interpretatio ex Bona Fide) in Roman Private Law". Legal Ukraine 5, n.º 5 (26 de maio de 2021): 46–50. http://dx.doi.org/10.37749/2308-9636-2021-5(221)-6.
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The paper explores the main meaning of understanding of interpretation technologies based on the principle of good faith (bona fides). For this purpose, a compratibly historical method of private law is applied. It was substantiated the understanding of the process of development for the Roman legal institution of interpretation (ius interpretātio) as a transformation of its historical forms or sub-institutions. Were further developed the historical reconstruction of the Roman legal institution of iudicia bonae fidei as the most important for the formation of ius interpretātio by focusing on the study of key legal constructions pro boni viri arbitrio. This made it possible to obtain information that can be reduced to three positions: (1) The essence of the Principle of Good Conscience has a constant nature in world history; (2) In Roman private law, a contextual approach to interpretation was used, and in modern civil law of Ukraine – fundamentally different, textual; (3) The subjective criterion of common sense requires the implementation of the Civil code of Ukraine. It provides changes in the official legal structure of the priority of the literal interpretation of the content of the transaction, enshrined in Art. 213 of the CCU, on the construction of the rule of good faith interpretation, which is generally recognized in European contract law. Key words: comparative historical analysis, good faith, common sense, good faith interpretation, good faith contracts, claims of goodholders.
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Wang, Yinwei. "Localization Construction of Security Token Offering". Transactions on Economics, Business and Management Research 5 (31 de março de 2024): 207–19. http://dx.doi.org/10.62051/ca4aty74.
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The Security Token Offering (STO) represents a fusion of traditional securities and blockchain token issuance, categorized into asset-based STO, derivatives-based STO, and payment-based STO, establishing a novel tripartite legal relationship among the issuer, trading platform, and subscriber. This study commences by defining the essence of STOs, delving into the fundamental legal dynamics, and scrutinizing the primary challenges in localizing construction, specifically the limitations of the conventional civil law system and the complexities in establishing a rights bundle paradigm. In accordance with prevailing regulations, it advocates for a localized construction approach, involving an expanded interpretation within the criminal law and civil law systems. The adaptation within the criminal law system involves recognizing the property attributes to prevent classification as illicit tokens or other violations. Meanwhile, the adaptation within the civil law system entails endorsing the legalization of security token trading and validating the legitimacy of entrusted investment and trading activities involving security tokens.
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Омелёхина, Наталья, e Natalya Omelekhina. "The Legal Construction of Financial Liabilities: Conceptual Bases of Formation". Journal of Russian Law 4, n.º 10 (19 de setembro de 2016): 0. http://dx.doi.org/10.12737/21539.
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In this article the legal construction is considered as a method of cognition, interpretation of law and as means of law-making technique at the same time. The author outlines the legal construction of the financial liability and provides with its structural and substantive description. The author offers to consider the legal construction of the financial liability as an inter-branch construction that combines private law constructions and public law constructions of monetary obligations. The majority of these constructions have a complex structure, where each party has the right to claim the completion of obligations and duty to complete these obligations at the same time. In this case, the majority of studied constructions of civil obligations are characterized by counter retribution while public law constructions by counter gratuitousness. The structural elements of this inter-branch construction are subjects, object and conditions of the obligation. The paper analyzes maintenance of selected structural elements. Using the method of scientific abstraction it is proposed to allocate General and Special conditions of financial liabilities. Special conditions of financial liabilities depend on the peculiarities of private law and public law regulations and on target orientation of liabilities (on the formation or on the expenditure of public funds). The author focuses on the target characteristic of structural elements of financial liabilities legal constructions. It is proposed to allocate the total and the direct target orientation of the financial liability.
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Piecha, Jacek. "Decyzja o zezwoleniu na lokalizację obiektów budowlanych w pasie drogowym jako źródło prawa do dysponowania nieruchomością na cele budowlane". Zeszyty Naukowe Uniwersytetu Rzeszowskiego. Seria Prawnicza. Prawo 30 (2020): 189–202. http://dx.doi.org/10.15584/znurprawo.2020.30.12.
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The article presents the problem of the interpretation of art. 3 point 11 of the polish Construction Law act. Abovementioned provision statues the definition of the notion of “right to use the real property for construction purposes”. Literal wording of art. 3 point 11 may seemingly indicate that this right may be arised only from private (civil) law’s legal relationships. This paper aims to indicate that such interpretation of the art. 3 point 11 of the Construction Law act is incorrect. The author proves that the administrative act like the permit for building structures localisation in the road lane (statued in the Public Roads Act) may be considered as independent source of the investor’s right to use the real property for construction purposes.
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Bonna, Alexandre Pereira. "Profiling, stigmatization, and civil liability". Brazilian Journal of Law, Technology and Innovation 2, n.º 1 (10 de janeiro de 2024): 25–49. http://dx.doi.org/10.59224/bjlti.v2i1.25-49.
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In the novel 'Brave New World,' Aldous Huxley envisions a dystopian future marked by mass production of lab-grown individuals, each assigned to specific castes. In this article parallels are drawn between this dystopian scenario and the dangers posed by technology, particularly in the realm of personal data and digital identity. It explores the potential infringement on privacy and equality rights, emphasizing the need for legal protection amid the increasing use of Big Data. The discussion delves into the theoretical foundations of personal data, virtual identity, and stigmatization, examining the role of civil liability in addressing violations of digital rights. The article navigates through relevant legal frameworks, including the Brazilian Federal Constitution, Consumer Protection Code, Civil Code, General Data Protection Law, and the Law of Public Civil Action, to assess the responses that civil liability can provide in the context of virtual rights violations. It emphasizes the historical construction of law, highlighting the necessity for legal frameworks to adapt to technological and cultural advancements. Despite specific data protection legislation, the article underscores the challenges in enforcing existing rights and calls for a nuanced approach to legal interpretation in the evolving digital landscape.
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Kleinman, Ron S. "The Halakhic Validity of Israel’s Judicial System among Israeli Ultra-Orthodox Halakhic Decisors". Review of Rabbinic Judaism 18, n.º 2 (8 de julho de 2015): 227–59. http://dx.doi.org/10.1163/15700704-12341286.
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This paper examines the approaches of three Israeli ultra-Orthodox halakhic decisors and rabbinical judges to civil law and adjudication in Israel. Based primarily on Israel’s building and condominium housing laws, it reveals that the approaches of these decisors appear largely to reflect their distinctive ideological and sociological stances towards Israeli civil law and its civil judicial system. Rabbis Israel Grossman and Shmuel Wosner confer halakhic validity on construction that is in violation of civil law, justifying it on the need to enlarge flats due to large family size and crowded conditions. On the other hand, Rabbi Asher Weiss objects to illegal building work, viewing it as “bad custom.” He maintains that religious Jews should serve as civil court lawyers and judges, regarding this as a holy undertaking. His attitude towards the civil judicial system is more sympathetic than that of Rabbis Grossman and Wosner. In each of their views, these Rabbis bring to their interpretation of Jewish law sources their distinctive ideological perspectives towards modern Israel’s civil law.
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Jędrejek, Grzegorz. "ODPOWIEDZIALNOŚĆ INWESTORA WOBEC PODWYKONAWCÓW (ART. 6471 § 5 K.C.)". Zeszyty Prawnicze 7, n.º 1 (23 de junho de 2017): 147. http://dx.doi.org/10.21697/zp.2007.7.1.08.
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The Liability of an Investor to a Subcontractor (Art. 6471 § 5 k.c.)SummaryThe article answers a question w hether an investor in case of a contract for construction works will be liable to a subcontractor also when he paid the latter all dues (including the rem uneration). These doubts are grounded in the form ulation of art. 6471 § 5 of the Polish Civil Code, according to which the party concluding a contract with thesubcontractor and the investor as well as the performer bear a joint andseveral liability for the payment of remuneration due to the subcontractor for the performed construction works. Taking into consideration a linguistic interpretation of the provision, as presented in the doctrine, it should be considered that the investor’s payment of the remuneration for the work performed by the subcontractor is permissible. Nevertheless, the author takes a different position based on the functional interpretation and interpretation referring to the whole system of the civil law.
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He, Houyi, e Jia Zeng. "Reflection and Improvement of the Principle of Treating Invalid Construction Contracts as Valid in the View of Civil Law". Asian Journal of Social Science Studies 7, n.º 1 (25 de janeiro de 2022): 1. http://dx.doi.org/10.20849/ajsss.v7i1.979.
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After the construction project is completed, if the contract is judged as invalid by the court at this time, it will involves the application of Article 157 of the Civil Code of People’s Republic of China: For example, how to return the completed construction, how to compensate for the discount if it cannot be returned, and what standard should be adopted for the discount compensation. In order to solve the above problems, the Supreme People's Court issued the "Interpretation on the Application of Law to the Trial of Construction Contract Disputes" (hereinafter referred to as "Interpretation"), which mentions that the above problems should be regulated in judicial practice through the invalid construction contract "treated as valid". However, the principle encounters many difficulties both in theory and practice. For example, how to avoid its counterproductive effect of encouraging the signing of invalid contracts to destroy the market order, whether to use the contractual standard or the engineering quota standard in the project settlement, and how to interpret the scope of "effective" to better protect the rights and interests of the parties. This paper mainly discusses the background of the development of construction industry from 2005 to 2020, the definition of the principle of invalid building construction contract, the applicable situation, the limitations in theory and practice, and the final reflections and countermeasures.
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АЛИМГАФАРОВА, Алина Ришатовна, e Олеся Рамильевна ГИМАДРИСЛАМОВА. "ARBITRATION AGREEMENT AS PART OF THE MECHANISM FOR CIVIL LAW CONTRACTUAL REGULATION". Rule-of-law state: theory and practice 18, n.º 4(70) (19 de janeiro de 2023): 77–85. http://dx.doi.org/10.33184/pravgos-2022.4.11.
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In the current circumstances o fth e constantly changing socio-political situation and the increasing complexity of existing legal relations, a positive trend has emerged in the field of obligation law, connected with the desire of the participants of civil circulation to take more personal part in the construction o f contractual legal relations, that is, to implement their individual regulation. In this connection, the search for and detailed study oflegal means to facilitate the effective regulation of contractual legal relations, both in substantive and procedural terms, has become an issue of particularrelevance. One such means is an arbitration agreement, the disclosure o fth e regulatory properties of which becomes fully possible when applying to it thebasic provisions of the concept o f civil law contractual regulation as one o fth e progressive directions of modern civil science. Purpose: to analyze the arbitration agreement from the standpoint of the concept o f civil law contractual regulation, to identify its features and determine its place in the structure of the mechanism fo r civil law contractual regulation. Methods: empirical methods of comparison, description, interpretation; theoretical methods of analysis, synthesis, induction, classification; specific scientificmethods: formal-logical and interpretation o f legal norms. Results: the study o fth e mixed legal nature of the arbitration agreement makes it possible toconsider it as an effective and exclusive part ofthe mechanism fo r civil law contractual regulation, fa cilitating the individual regulation of the proceduralaspects of their interaction by the participants in contractual legal relations.
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Deryugina, Tatyana V. "Linguistic Means of Misrepresentation or Fictitious Permissions in Structures of Civil Law Contracts". Civil law 6 (17 de dezembro de 2020): 3–7. http://dx.doi.org/10.18572/2070-2140-2020-6-3-7.
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The article raises the problem of the use of language tools in the conclusion of contracts, allowing to mislead contractors. The author analyzes the normative and linguistic prerequisites that contribute to the emergence of the possibility of dual interpretation of treaties. A detailed analysis of the legal doctrine and legal acts is carried out. The attention is focused on the rules of law in which incorrect use of the Russian language can not only lead to double current, but also mislead the subject of interpretation. Indicates the issue of double meaning of legal terms, and different interpretation of concepts from the point of view of the Russian language and the Russian legal language. The author studies various means of the Russian language used in the drafting of the text of contracts. There is a critical attitude to the use of evaluative concepts by the legislator, which do not have a clear semantic content and can vary significantly among different subjects of law. The problem of inclusion in the content of the contract of “as if” dispositive and “as if” permissive rules that mislead the party to the agreement is raised. Analyses of the situation to include the erroneous statements due to incorrect syntactic construction of the text of the article. Proposals are made to eliminate the problems associated with the use of language tools in the conclusion of contracts.
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Obada, Constanta. "Legal construction of the superficies until the modernization of the civil code of the Republic of Moldova and the background which lead to the amendment of the civil code". Journal of the National Institute of Justice, n.º 3(58) (outubro de 2021): 14–18. http://dx.doi.org/10.52277/1857-2405.2021.3(58).02.
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The purpose of this paper is to highlight the issues related to the clarification of the essence and legal construction of the surface right/ superficies, as initially regulated by the Moldovan legislator (until 01.03.2019), due to the fact that in the local literature there were different opinions with reference to this subject, which, consequently, led to the equivocal interpretation of the norms of law in the same matter, and this interpretation, respectively, offered different solutions of practical application of the norms regarding the institution of superficies. Thus, in this paper was analyzed the evolution of the right of superficies over time and highlighted the premises that led to the change of several rules governing the institution of superficies, but also the concept of real estate, in general.
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Prokhovnik, Raia. "Hobbes's Artifice as Social Construction". Hobbes Studies 18, n.º 1 (2005): 74–95. http://dx.doi.org/10.1163/187502505x00052.
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AbstractThe paper argues that Leviathan can be interpreted as employing a constructionist approach in several important respects. It takes issue with commentators who think that, if for Hobbes man is not naturally social, then man must be naturally unsocial or naturally purely individual. First, Hobbes's key conceptions of the role of artifice and nature-artifice relations are identified, and uncontroversially constructionist elements outlined, most notably Hobbes's conceptualisation of the covenant. The significance of crucial distinctions in Leviathan, between the civil and the social, between science and philosophy, between mankind's nature and the human condition, is developed. A constructionist reading of the argument of Leviathan is then advanced. The interpretation focuses on the contribution of nature-artifice relations, and of Hobbes's notion of civil philosophy, in understanding the critical issues of the state of nature and individual subjectivity. This reconstruction of the meaning of the text highlights the necessarily social character of human life in Leviathan, expressed in the way that the social' gives meaning to the 'natural', as well as because for Hobbes we live in a mind-affected world of perception and ideas. Leviathan can be interpreted as, in particular, a political social construction, because both social and individual identity logically require the social order and arrangements that only a strong government can supply. The social world, in Leviathan, cannot exist prior to the generation of a political framework, in civil society, the commonwealth, and law.
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Brooks-Gordon, Belinda, Marjan Wijers e Alison Jobe. "Justice and Civil Liberties on Sex Work in Contemporary International Human Rights Law". Social Sciences 9, n.º 1 (10 de janeiro de 2020): 4. http://dx.doi.org/10.3390/socsci9010004.
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To fulfil obligations in international law State parties have to take the issue of human trafficking seriously. The United Nations Committee on the Elimination of Discrimination Against Women (CEDAW) provides General Recommendations (GR) to member states on the interpretation of the Women’s Convention. In 2018 the CEDAW Committee started to develop a GR on trafficking in women and girls in a process planned to conclude in 2020. The first stage towards this was through the publication of a Concept Note to serve as a basis for dialogue during the two-year international consultation period. The Concept Note is a vital link in a textual chain because it frames the policy problem and actively constructs its own ‘documentary reality’. This article provides a critical analysis of the CEDAW Concept Note on the grounds that such analysis provides an understanding of its discursive construction of trafficking, migrant labour and sex work, by an institution responsible for international jurisprudence on human rights. Analysis of the Concept Note explores the documentary constructions including narratives that merge adult women with girls, the symbolism of exploitation, the silencing of scientific research, the elision of sex worker voices, and sex work as work. The analysis leads us to conclude that the General Recommendation should define what counts as ‘exploitation’, and ‘forced labour’, and address the growing international recognition of best evidence on the wider impact of sex work laws, in order that legal framing and constructions of sex trafficking are not erroneously used to curtail rights of sex workers.
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Hidayati, Tri, Syarifuddin Syarifuddin, Ibnu Elmi AS Pelu, Syaikhu Syaikhu, Mohammad Azam Hussain, Mohd Zakhiri Md Nor e Alias Azhar. "MEKANISME PENGGUNAAN JAMINAN KEBENDAAN (RAHN TASJILY) DALAM PEMBIAYAN BANK SYARIAH DI INDONESIA DAN MALAYSIA". Nurani: Jurnal Kajian Syari'ah dan Masyarakat 18, n.º 1 (17 de julho de 2018): 163–82. http://dx.doi.org/10.19109/nurani.v18i1.2458.
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The main objective of this legal research is to compare the legal construction and the use of “rahn tasjily” mechanism in the Sharia bank financing between Indonesia and Malaysia through law, concept, and history approaches. The data were analyzed qualitatively by systematic interpretation and historical interpretation. The results are: 1) Both countries do not have a strong regulation in Sharia guarantees, thus the law construction is implemented by harmonization and integration between Sharia principles and conventional regulations (civil). The differences are in the concept, the division of rahn, and the law substance in the Sharia banking complement regulation. 2) The mechanism is also different, where in Indonesia the guarantee should be bound by an authentic certificate (notary) and registered in the authority institutions in order that Sharia bank (murtahin) obtains a strong law protection beside an insurance. While in Malaysia, the use of collateral is only included in the financing contract without an authentic certificate; the registration is not compulsory and the ownership proof of guarantee (marhun bih) as well as the object is in rahin permanently (except a land); and the collateral strength for Sharia bank is an insurance.
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Сафаралиева, Азиза. "The importance of legal translation in international law". Арабский язык в эпоху глобализации: инновационные подходы и методы обучения 1, n.º 1 (29 de dezembro de 2023): 522–25. http://dx.doi.org/10.47689/atgd:iyom-vol1-iss1-pp522-525-id28633.
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This article examines legal translation and its role in the interpretation of international legal documents from both theoretical and practical perspectives. Regarding the theoretical aspects, legal translation from the point of view of civil law and common law systems, the status of legal translation in international law, the principles of plain language, and the equivalence of legal words are discussed. Accordingly, the interrelationship between legal translation and interpretation of international legal documents is considered
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Bolovnev, M. A., e I. V. Rekhtina. "LEGAL CERTAINTY AS AN EVALUATIVE CATEGORY IN CIVIL PROCEEDINGS". Russian-Asian Legal Journal, n.º 4 (31 de janeiro de 2020): 3–7. http://dx.doi.org/10.14258/ralj(2019)4.1.
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The article explores the effect of the legal certainty of civil procedure legislation and its application onthe creation of appropriate conditions for the effective implementation of justice. It is stressed that the lack of legal certainty, namely, its opposite — legal “uncertainty,” creates both legislative conflicts and, even moresignificantly, law enforcement problems, which significantly reduce the accessibility of justice to personsin need of judicial protection. The courts used different procedural rules, using a formalistic approach,jeopardizing the delivery of a lawful and justified judicial act. In order to overcome the state of legaluncertainty and, as a result, to improve the efficiency of legal proceedings, it is necessary to use techniquesof legal technique that do not lead to the emergence of causal rules of law. The model of the most generalrules is capable of being applicable to any emerging procedural situation, taking into account systemic andtargeted modes of interpretation. It is this approach to the construction of the system of legislation, togetherwith the subsequent application of the rules on the basis of internal conviction and judicial discretion, thatwill ensure the unity of judicial practice.
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Rasskazova, V. V. "Settlement and Release in European Legislation". Bulletin of Kharkiv National University of Internal Affairs 89, n.º 2 (26 de junho de 2020): 61–68. http://dx.doi.org/10.32631/v.2020.2.05.
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Since the current contractual practice demonstrates the active use of settlement and release construction by the parties of civil legal relations as one of the most flexible instruments of termination of an obligation, the issue of ensuring unity in the interpretation and practice of this legal institution remains relevant. The subject matter of this study is the norms of civil law of different Member States of the European Union, and the purpose is the study of the conceptual approaches of other states to the legislative consolidation of settlement and release structure, its recognition as one of the ways to terminate the obligation and specific features of the interpretation and application of this institution that will make it possible to enlarge the view on the essence and role of settlement and release within the system of grounds for the termination of civil obligation and national contractual practice.
The comparative and legal method was chosen as the main method of scientific research, due to which the author characterizes the main elements, purpose and essential features of legal constructions in civil law of other states, which are similar to the institution of settlement and release in Ukraine; the author pays attention to distinctive technical and legal peculiarities of civil legislation of some EU countries.
According to the results of the conducted research the author has established that civil legislation of the most European countries does not enshrine settlement and release as the institution of obligation law and does not recognize it as an independent method to terminate the obligation. At the same time, the codified acts of some states contain certain legal norms, which provide for cases of transferring a certain good by the debtor to the creditor instead of fulfillment of an obligation, as well as enshrine legal institutions that act as settlement and release.
The significance and practical significance of the paper is that the conducted study reveals new directions for further research, demonstrates the relevance and need for a more detailed and comprehensive analysis of the content and legal features of settlement and release, its importance and role in national contractual practice, as well as in the practice of other states.
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Domański, Maciej. "Konwencja ONZ o prawach osób niepełnosprawnych w interpretacji Komitetu do spraw praw osób niepełnosprawnych a podstawowe instytucje prawa cywilnego". Prawo w Działaniu 40 (2019): 123–65. http://dx.doi.org/10.32041/pwd.4004.
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The article presents a critical analysis of the interpretation of Article 12 of the Convention on the Rights of Persons with Disabilities (CRPD) approved by the Committee on the Rights of Persons with Disabilities, according to which interpretation substitute decision-making regimes are excluded in all and every case. The above assumption, apart from major doubts as to its justifiability and expediency, has very far-reaching consequences from the point of view of the Polish civil law. The notion of legal capacity adopted in the Convention on the Rights of Persons with Disabilities resembles the approach found in common law systems. In continental legal systems (in particular those based on the German tradition, like the Polish system) it has a completely different character: a dogmatic one, whose construction is linked to the concept of a juridical act. It is one of the reasons why complete severing of the link between mental capacity (capacity to make decisions) and legal capacity (understood as the not only passive capacity, but also active capacity), postulated by the Committee on the Rights of Persons with Disabilities is very difficult, if not impossible, to introduce. Adopting the proposed conception leads to a decomposition of fundamental civil law institutions, such as juridical act and defects of a declaration of intention, while giving rise to doubts from the point of view of possession or fault-based civil liability. The article presents a competing model of interpretation of Article 12 CRPD, pursuant to which application of substitute decision-making, to a limited extent, while observing the safeguards provided for in para. 4 of said article, should be considered permissible.
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Kvitsinia, Natalia, e Elvira Osadchenko. "Substitution of Parties in the Obligation and Suretyship: Contradictions in the Construction of a Solidary Plurality of Persons (Part 1)". Legal Concept, n.º 4 (dezembro de 2021): 119–24. http://dx.doi.org/10.15688/lc.jvolsu.2021.4.16.
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Introduction: the authors conducted a study of the differentiation of the norms on surety and substitution of parties in the obligation due to the lack of their clear regulation by the legislator. The paper discusses the concepts of co-suretyship and individual suretyship, reveals their similarities and differences. The authors highlighted the problems of applying the rules on the substitution of parties in the obligation and the responsibility of the surety and also suggested the ways to resolve them. The purpose of the study is to develop some proposals for improving the institution of suretyship and bringing it into line with the norms on the substitution of parties in an obligation. Methods: the study used historical, comparative law, logical research methods, as well as the method of the literal and broad interpretation of normative legal acts and court decisions. Results: the civil law doctrine of the institute of suretyship and co-suretyship was supplemented, the legal position of suretyship in the proper performance of its obligations for the debtor was determined from the standpoint of the science of civil law. Conclusions: according to the results of the study, it is proposed to amend the current legislation and completely exclude from it the provisions on the independent regulation of “joint suretyship”, i.e. to recognize Part 3 of Article 363 of the Civil Code of the Russian Federation as invalid. The provisions developed by the authors will simplify and streamline the law enforcement practice in the issues under consideration.
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Terekhov, Evgeny. "The Official Interpretation of Legal Norms as a Tool for Building the Russian Rule of Law". Legal Concept, n.º 2 (julho de 2022): 112–17. http://dx.doi.org/10.15688/lc.jvolsu.2022.2.14.
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Introduction: the practical implementation of the idea of the rule of law requires the fullest provision of human and civil rights and freedoms, as well as restrictions on the right of state power. Despite the existence of the necessary legislative framework, contradictions and uncertainties periodically arise in the legal activity regarding the ways of further implementation of the law. The official interpretation of the norms of law helps to cope with this task, which allows for clarity and semantic certainty in the legal regulation processes. Purpose: the demonstration of the use of the official interpretation of legal norms as an independent means of maintaining the efficiency of the rule of law. Methods: the methodological framework for the study is a set of methods of scientific cognition, among which the main ones are systematic, analysis, statistical, historical. Results: the author’s position substantiated in the work is based on the study of the place and practice of using the official interpretation of the legal norms in the construction and maintenance of legal statehood. This is facilitated by the analysis of signs of the rule of law, the normative statistical data, the judicial law enforcement practice, as well as the individual interpretative acts. Conclusions: as a result of the conducted research, it is found that the role of the official interpretation of the legal norms as a tool to promote the efficiency of the rule of law is invaluable and irreplaceable. In fact, the official legal interpretation today is one of the most effective non-alternative means of not only revealing the meaning of laws, but also increasing trust and respect for the law, its knowledge and acceptance as a priority regulator of public relations. The idea of a rule-of-law state will remain an idea, without the use of legal interpretation activities in the legal sphere of society.
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Grela, Jacek. "Compensatory measure in the form of adjudication of the obligation to repair damage or compensation – civil law analysis". Probacja 4 (30 de novembro de 2023): 145–78. http://dx.doi.org/10.5604/01.3001.0054.0866.
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The Polish legal system, despite the fact that it consists of a number of separate branches, in many situations these fields intermingle. The crux of the problem lies in the possibility of using legal institutions by a particular branch of law, systemically assigned to another of them. The conducted interpretation of Article 46 1 of the Criminal Code and the analysis of the statements of the science of law and the judicature lead to the conclusion that the concept of „application of civil law” on the grounds of this regulation is not limited to only a few provisions of the Civil Code, but orders to take into account a wide variety of legal solutions. In addition, the current construction of the compensation measure in question leads to the thesis that criminal courts should fully and definitively adjudicate on the obligation to repair the damage caused by the crime or to compensate for the harm suffered.
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Fahmi, Fahmi, Moch Zaidun e Bambang Suheryadi. "The Special Power Concept Of State Attorney General In Preventing The Governmental Product/Service Procurement-Related Crime In Indonesia". Yuridika 36, n.º 3 (1 de setembro de 2021): 605. http://dx.doi.org/10.20473/ydk.v36i3.27796.
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The basic duty of RI’s General Attorney in Special Crime Division is to undertake repressive function. In addition, preventive strategy is an action taken to prevent the product/service corruption crime by Civil and State Administration Division of RI’s Attorney General (DATUN). This study aims to analyze the construction of JPN authorization based on RI’s Attorney General Law. The method used in this study was juridical normative one. The result of research shows that the textual meaning with grammatical interpretation related to the attorney’s duty and authority in civil and state administration function based on Article 30 clause (2) of RI’s Attorney General Law in the terms of acting for and on behalf of state or government, the prosecutor in civil and state administration area should have special power. This article mentions firmly the phrase “special power”, but does not mention explicitly the State Attorney General. Nevertheless, the interpretation of special power as mentioned in Article 30 clause (2) of Attorney General Law to be State General Attorney is found in Republic of Indonesia Attorney General’s Regulation. However, in the concept of norm constructed, this authority should be preceded with a demand. The translation of JPN in the context of function provides a legal deliberation that on the one hand the absence of special power of attorney facilitates the role of JPN in the attempt of preventing corruption crime, but on the other hand an inconsistent application of rule occurs.
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Golubtsov, V. G. "Evaluation Concepts in Russian Codifications of Civil Law". Lex Russica, n.º 8 (29 de agosto de 2019): 37–50. http://dx.doi.org/10.17803/1729-5920.2019.153.8.037-050.
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Based on general legal and civilistic experience in the study of evaluative concepts, the author investigates the general and the specific in their civil law nature. As the result of the study, the author draws the conclusion that the existence of evaluative concepts forms a distinctive essential feature of civil law as private law. It is noted, however, that the doctrine, law-maker and law-enforcer need basic guidelines that will allow to define objective criteria for nominating concepts as evaluative, as well as for determining the boundaries of their systematic interpretation. Also, the author concludes that the impact of evaluation concepts on legal regulation in private and public law is different. In civil law, depending on the localization in the text of the Civil Code, it is possible to distinguish two groups of evaluation concepts. The first group includes the basic evaluation concepts that allow us to see the goals, meaning and specifics of civil law regulation. The second group, in the author’s opinion, includes peripheral evaluation concepts that are utilized by property law and separate contractual constructions and the presence of which allows to avoid unnecessary causality and, at the same time, makes it possible to bring legal regulation closer to real relations.
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Zhetibayev, Zhandos, e Sara Idrysheva. "The Role of Information and Communication Technologies in Civil Law Relations". Law, State and Telecommunications Review 13, n.º 2 (7 de setembro de 2021): 121–38. http://dx.doi.org/10.26512/lstr.v13i2.34142.
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[Purpose] The purpose of the study is to establish using the methods of legal linguistics, synthesis and analysis of information the mechanism of formation of the conceptual sphere of cybersecurity and its representation in the texts of regulations. [Methodology] The methodological basis of the study was determined by the hermeneutic approach to jurisprudence which is mainly focused on methodology, legal technique, the logical and semantic interpretation of certain provisions of various branches of law. In the process of research, methods of analysis and synthesis of information, the comparative analysis also were used. [Findings] The authors note that the use of the system of civil law relations affects both the civil sphere directly and the procedural aspects of relations and partially the criminal branch of law. The synergistic nature of informatisation of civil law relations and consider it as a part of the system of general cybersecurity of the state as a whole were emphasized. The use of this concept and its legal construction was revealed. [Practical Implications] The practical significance of the study is determined by the possibility of forming an integrated system of using the mechanism for predicting the development of information and communication technologies to form an equilibrium environment for ensuring the rule of law. [Originality] The novelty of the study is determined by the fact that information and communication technologies are understood as components of a larger system of ensuring legal security in a country as a whole.
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Riza, Arif, Muharem Faiku, Sidorela Kryeziu e Valeri Qatani. "Contemporary Aspects of Legal Doctrine and Interpretation - Challenges and Perspectives". Technium Social Sciences Journal 58 (9 de junho de 2024): 94–99. http://dx.doi.org/10.47577/tssj.v58i1.11005.
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In the countries where we have the construction of the legal system with the new laws, the ambiguity of the legal norms in the new laws in some cases is almost inevitable. But commenting on laws and judicial practice will be of great help to bring about the implementation of all legal norms as was the intention of the legislator, because the correct interpretation of legal provisions is a necessity of any legal order that creates a legal security for all citizens equally. Of course, the object of legal interpretation or clarification is not only written legal-civil norms, but also those that are part of customary law. The issue of interpretation of laws currently represents a fundamental concern for citizens and legal institutions, looking for a smart and innovative approach to address this issue effectively and sustainably. In this context, this paper aims to identify and analyze the advantages and challenges of legal doctrine and interpretation in the contemporary context.
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Wade, Gordon. "A Matter of Interpretation: Constructing and Interpreting Commercial Contracts under the Common Law and the Convention on the International Sale of Goods". Global Journal of Comparative Law 4, n.º 1 (17 de abril de 2015): 1–42. http://dx.doi.org/10.1163/2211906x-00401001.
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Contractual disputes concerning interpretation can be the most intractable of all contractual disputes and their outcome is notoriously difficult to predict. The interpretation of contradictory or ambiguous contractual provisions may often be necessary in order to determine, inter alia, the effect of the parties’ actions upon the performance of the contract and what the substantive contractual obligations actually are. Contractual interpretation in civil law and common law jurisdictions proceeds from fundamentally different perspectives, particularly when viewed in light of a recognised international private law convention, the cisg. Comparing and contrasting the common law and the cisg shows the latter to be the product of a diplomatic conference comprising 62 States and eight international organisations and not a series of ancient pronouncements of English judges who developed commercial law through 19th century sensibilities. The cisg and the common law are, however, not poles apart but the cisg was born because commercial trading, commercial agreements and the parties involved have become increasingly internationalised, complex and sophisticated.
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Lutsky, R. Р. "The influence of unofficial interpretation through public opinion on the formation of the idea of legality, justice and law". INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, n.º 12 (2021): 89–93. http://dx.doi.org/10.33663/2524-017x-2021-12-14.
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Relevance of the study is caused by the often usage of the term «legal state» at the modern stage of the development of our society. With this some authors refer to the desire to emphasize that declaring itself as sovereign and independent Ukraine become at the same time the legal state and the other authors want to prove that the construction of such state is a matter for the longer term. Due to the article 1 of Constitution of our state, Ukraine is a sovereign, independent, democratic, social, legal state. But the realities of today clearly demonstrate that it is only a declaration. Ukraine is not a law-governed state, since it needs to overcome the number of problems that prevent it from being law-governed. Formation of legal state in Ukraine is extremely difficult multifaceted process that includes not only formation of the authority structures that are able to ensure the compliance with the law and citizens’ rights but also the availability of a wide range of political parties and movements, social groups and strata with specific interests particularly in legal, political, social, economic behavior. Legal state is such a sovereign state that functions in the civil society and where by legal means the real protection of fundamental rights and freedoms of man and citizen are provided. It is based on the certain principles, the most important of which is the rule of law, separation of powers, the reality of the rights and freedoms of man and citizen, legality, the presence of high legal culture of citizens. Overcoming the deformation of legal consciousness and creation of condi- tions for improving of legal culture of population, active and conscious participation of citizens in the implementation of reforms today are the primary tasks of society and the state towards the development of civil society and legal state in Ukraine. Keywords: law, positive law, natural law, society, rule of law, legal environment, interpretation of law, sovereign state, Ukraine.
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Alvira Damayanti e Yunanto. "Legal Certainty of Marriage Agreements Made Before Marriage and Their Implications After Divorce". Sociological Jurisprudence Journal 7, n.º 1 (30 de janeiro de 2024): 15–22. http://dx.doi.org/10.22225/scj.7.1.2024.15-22.
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The dissolution of a marriage results in legal consequences, one of which is the division of joint assets in the marriage. Property law in marriage is regulated in Articles 35 to 37 of the Marriage Law Number 1 of 1974. The Marriage Law allows both prospective husband and wife to make a marriage agreement to separate property. The marriage agreement that is made causes the agreement to become valid as law for both parties who make it. Regarding this problem, the author is interested in researching how legal certainty is regarding marriage agreements made before marriage in relation to joint property and what the legal consequences are for marriage agreements that are not in accordance with the marriage agreement when a divorce occurs. The theories used are the theory of legal certainty from Gustav Radbruch and the theory of agreement from Subekti. The method used in this research is a type of normative juridical research, namely legal library research or secondary data with primary, secondary and tertiary sources of legal materials. The research approaches used are the statutory approach, conceptual approach, analytical approach, case approach, historical approach and legal material collection techniques carried out by identifying and inventorying positive legal rules, book literature, journals and other sources of legal material. The analysis technique for legal materials is carried out using legal interpretation (interpretation), namely, historical interpretation, systematic interpretation, teleological interpretation and legal construction methods. From the research results, it can be concluded that the marriage agreement made still has legal certainty because it does not violate the law and the marriage agreement is included in the law for both parties in accordance with Article 1338 of the Civil Code. The legal consequences of marriage regarding joint property in the event of a marriage agreement are regulated in Article 37 of the Marriage Law, the distribution of which is according to the agreement made.
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Jaworski, Bartłomiej. "Inspektor nadzoru inwestorskiego jako uczestnik procesu budowlanego". Studenckie Prace Prawnicze, Administratywistyczne i Ekonomiczne 19 (28 de dezembro de 2016): 119–35. http://dx.doi.org/10.19195/1733-5779.19.10.
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An inspector of investing supervision as a participant of the building processIn literature, it is difficult to find a complete analysis of the legal nature of the investor’s supervision. Following the trend of implementation of construction projects in Poland for ever greater complexity and our growing concern for the environment, proper analysis of the investor’s supervision institutions seems to be helpful for the legal establishment and implementation of this supervision. To get analyzed legal institution, should be thoroughly characterize the rights and obligations of the investor’s supervision inspector — an entity exercising supervisory functions implemented during the construction process. Look to be both that which gives him the Act — Construction Law representing about public character of performed duties, and also due to the contracticity of his supervision concluded between it and an investor of civil contracts, which can be modified to some extent his statutory supervisory functions. Investor’s supervision is an institution that requires legal interpretation, carried out with extreme accuracy, caused the undisputed role that can be attributed to the investor’s supervision inspector, to comply with the regulations and technical knowledge of the process of construction. Only her understanding of guarantees to avoid the negative consequences resulting from misapplication of the law in this regard.
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Ashadi, Ikhwan, Putra Hutomo e Amelia Nur Widyanti. "KEPASTIAN HUKUM MENGENAI HIBAH WASIAT DITINJAU BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 2022 TENTANG HUBUNGAN KEUANGAN ANTARA PEMERINTAH PUSAT DAN PEMERINTAH DAERAH". SENTRI: Jurnal Riset Ilmiah 2, n.º 9 (10 de setembro de 2023): 3646–54. http://dx.doi.org/10.55681/sentri.v2i9.1519.
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Book of Civil Law (KUHPer), the concept of Grant is divided into two forms, yaito Grant and probate grant. The basic difference between the two is that the grant is made while the grantor is still alive, while the will grant is only carried out after the will grantor dies. The law regarding grants is regulated in Article 1666 of the Civil Code, while probate grants are regulated in Article 957 of the Civil Code. Related to the collection of duties on the acquisition of land and building rights, although the acquisition value of non-taxable taxable objects is regulated by local regulations under Article 46 paragraph 8,. in this study raised the issue of how the implementation of probate grants in the practice of law in Indonesia? And how the legal certainty of probate grants in terms of Law No. 1 year 2022 on the financial relationship between Central and local governments?by using the theory of Agreement and The Theory of legal certainty The method used in this study is normative legal research is legal research literature or secondary data with sources of primary, secondary and tertiary legal materials. The approach used legislation approach, case approach, conceptual approach and analytical approach. And legal material collection techniques are carried out by identifying and inventorying positive legal rules, book literature, journals and other legal material sources, for legal material analysis techniques (interpretation) grammatical interpretation, systematic interpretation and legal construction methods. That the court will certify the will if it meets the requirements of the law, checks for compliance with the provisions of applicable law, and ensures that there are no disputes that prevent the execution of the grant. The implementation of this will grant is a harmonization between the principles of treaty law and agrarian law. Although it is a form of agreement, the probate Grant is also subject to agrarian regulations governing land and property rights. Thus, the legal process in accordance with the applicable provisions is important to maintain the validity and continuity of the implementation of the probate Grant and protect the rights of the parties involved and that Law No. 1 of 2022 on financial relations between Central and local governments has an important impact on the legal certainty of the implementation of probate grants in Indonesia, especially in terms of the protection and management of donated property. Although it does not directly regulate probate grants, it does provide a broader legal context that can support clarity of procedure and protection of the rights of grantees
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Pushkina, Anna V. "Protection of the rights and interests of the parties in recovery from the developer for the breach of the terms of transfer of the object of sharing construction to the shareholder". Gosudarstvo i pravo, n.º 11 (2023): 64. http://dx.doi.org/10.31857/s102694520028716-8.
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The article describes a variety of approaches to determining the amount of a penalty for violation of the terms of transfer of an object of shared construction that exist in practice. It is noted that the lack of uniformity in the methodology for calculating the size of such a penalty reduces legal certainty and, as a result, trust in the judicial system. It is proposed to adhere to a literal interpretation of the law when setting the date on which the size of the key rate of the Central Bank of the Russian Federation should be determined for calculating such penalties, namely, to proceed from the day of signing the act of acceptance and transfer of the shared construction object. The use of a different size of the discount rate often leads to infringement of the rights of equity holders, and the penalty ceases to be a tool to protect the weak party in the relationship of equity participation in construction. If the amount of the penalty with this method of calculation turns out to be clearly disproportionate to the consequences of the violation, to restore the balance of interests of the parties, you can use the mechanism for reducing the penalty on the basis of Art. 333 of the Civil Code of the Russian Federation, taking into account the peculiarities of each specific situation.
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Sullivan, Kenneth T., Dean T. Kashiwagi e Nathan Chong. "The Influence of an Information Environment on Construction Organization's Culture: A Case Study". Advances in Civil Engineering 2009 (2009): 1–10. http://dx.doi.org/10.1155/2009/387608.
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Construction professionals have identified public contract law and bureaucratic procurement/contract offices as a source of problems in the construction industry. The culture within the United State's Federal Government Acquisitions is based on the Federal Acquisition Regulations (FARs) and its interpretation, often placing organizations/agencies in the price-based environment and continuously resulting in poor performance. The United States Army Medical Command (MEDCOM) (approximately $100 M in construction renovation awards per year) attempted to overcome this obstacle through a partnership with the Performance-Based Studies Research Group (PBSRG) at Arizona State University. The MEDCOM implemented the information environment portion of the Performance Information Procurement System (PIPS) into Indefinite Delivery Indefinite Quantity (IDIQ) contracts through the specifications. Without controlling the various contract/procurement processes, the developed information environment stimulated an atmosphere of accountability to all parties involved, while reducing the client's internal bureaucratic resistance. The concept has met with preliminary success, minimizing construction management issues by over 50%, raising owner satisfaction by 9%, resulting in 99% of projects ending with no contractor-generated change orders, and assisting MEDCOM leadership in measuring the performance of their infrastructure revitalization program.
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Anderssen, Diana. "Indigenous Australia and the pre-legal society in HLA Hart’s The Concept of Law". Journal of Legal Philosophy 48, n.º 1 (31 de maio de 2023): 1–37. http://dx.doi.org/10.4337/jlp.2023.01.01.
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The continuing existence and operation of the traditional law of Aboriginal and Torres Strait Islander peoples has – relatively recently – been explicitly acknowledged in Australian law. In emerging case law on the subject, the High Court of Australia has confirmed the common law recognition of the survival of Indigenous Australian law. However, in determining what it is that is recognized by the common law – in interpreting Indigenous Australian ‘traditional laws and customs’ – the High Court has disregarded the knowledge reposed in those with authority or expertise in Indigenous Australian law, relying instead upon concepts and assumptions from the jurisprudence of English legal philosopher, HLA Hart. The influence of Hart’s theory in the Australian High Court’s interpretation of Indigenous Australian ‘traditional laws and customs’ is problematic, because it contains an obvious pre-legal–legal dualism reminiscent of the ‘state of nature’ – ‘civil society’ mechanism that was instrumental in the application of terra nullius to Australia. At the heart of The Concept of Law lies the notion of progression from a ‘primitive community’ with only primary rules, to an advanced legal system with a combination of both primary and secondary rules. In this article, I investigate how Indigenous Australians are positioned in relation to Hart’s pre-legal–legal dualism. I examine the ‘primitive’, pre-legal society in The Concept of Law, and its counterpart, the advanced legal system, to analyze the position of Indigenous Australian societies and law in Hart’s scheme. Finally, I analyze the construction of the dualism and consider its impact on the High Court’s interpretation of Indigenous Australian ‘traditional laws and customs’.
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Uksusova, E. E. "Access to Court as a Determinative Procedural Act for the Exercise of Justice and Protection of Rights in Civil Cases (Part 2)". Actual Problems of Russian Law 16, n.º 1 (28 de janeiro de 2021): 99–110. http://dx.doi.org/10.17803/1994-1471.2021.122.1.099-110.
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The author, following the focus of the study on specialization of civil procedural law in the Russian legal system as manifested regularity of its development, relying on the inevitable dualism and interaction between material and procedural law, comprehends its current state on the example of certain basic procedural and legal institutions: the institution of the right of access to court, the institution of protection of the rights and interests of other persons, the institution of jurisdiction, etc The author’s use of known and proposed legal constructions, categories and concepts in the author’s combination and (or) interpretation makes their research urgent for the purposes of understanding of the key conditionality of civil procedural law specialization in the Russian law system as providing them with the administration of justice and protection of rights in civil cases in compliance with their wide understanding when the right to judicial protection in the system of constitutional rights and freedoms constitutes a guarantee for all of them. This paper is the second in a series of three papers devoted to the problem of the right of access to court as the most important issue of dualism and interaction between material and civil procedural rights.
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Anggiat, Bagas Dika, Wira Franciska e Marni Mustafa. "PERLINDUNGAN HUKUM BAGI TENAGA KERJA ATAS SUATU PERUSAHAAN YANG DINYATAKAN PAILIT YANG BERIMPLIKASI PEMUTUSAN HUBUNGAN KERJA YANG TIDAK DIBERIKAN PESANGON". SENTRI: Jurnal Riset Ilmiah 2, n.º 9 (15 de setembro de 2023): 3803–12. http://dx.doi.org/10.55681/sentri.v2i9.1535.
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The irrelevance of Das Sollen which is a rule or positive law that applies regardingregulations regarding company obligations in paying workers due to layoffs based on the Labor Law, is different from Das Sein which is the implementation of Das Sollen or the growing reality.The formulation of the problem in this study What are the legal consequences of a company being declared bankrupt which has implications for termination of employment for not providing severance pay? What is the legal protection for labor do not receive severance pay after termination of employment for a company declared bankrupt? The method used in this study is a qualitative research type with a normative juridical approach carried out through library research by studying and examining applicable legal provisions, documents or literature related to the issues studied and legal material collection techniques carried out by identifying and inventory of positive law rules, literature books, journals and other sources of legal materials. For legal material analysis techniques, it is carried out using legal interpretation (interpretation), as well as systematic interpretation and legal construction methods. From the research results, it can be obtained that the legal consequences of a company being declared bankrupt which has implications for termination of employment for not being given severance pay have resulted in the company being declared bankrupt losing all civil rights to control and manage assets that have been included in bankrupt assets. The suspension of this civil right is enforced by Article 22of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt as of the time the decision to declare bankruptcy was pronounced. Legal protection for labor do not receive severance pay after termination of employment for a company that is declared bankrupt within a company has the right toreceive rewards or wages that have been stipulated in the provisions of labor laws as well as good and fair treatment in employment relations in a company
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Marques, Igor Souza. "Custos vulnerabilis, fundamental rights and culture: reflections in light of Marc galanter´s critical ideas". Cuadernos de Educación y Desarrollo 16, n.º 2 (20 de fevereiro de 2024): e3402. http://dx.doi.org/10.55905/cuadv16n2-059.
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This article attempts to investigate the public defender office’s intervention in Brazilian’s civil litigation as custos vulnerabilis. It will analyze whether this legal construction effectively has a redistributive impact on law and changes the status quo or would it be a symbolic commitment. It uses the argumentative dialectical approach method; the structuralism procedure method and the sociological interpretation method. As a research hypothesis, it considers that public defender office’s intervention as a “vulnerable’s guardian” is legitimated by the protection of vulnerable group’s fundamental rights. The objectives of this essay are: i) to analyze the public defender’s intervention as custos vulnerabilis; ii) to examine the civil litigation neutrality discourse and the limitations to law’s transformation by Marc Galanter; iii) associating law and culture, to investigate whether the referred intervention modality has the aptitude to promote social change, analyzing its theoretical basis of legitimation. The conclusions show that: i) the public defender office’s intervention as custos vulnerabilis is interpreted from art. 134 of Brazilian’s Constitution, to promote fundamental human rights; ii) the recognition of this interventional modality by jurisprudence reveals the Brazilian society’s cultural transformation and of process itself; iii) this interventional modality’s consolidation may contribute to a paradigm shift in Brazilian civil process, making it more inclusive and fairer.
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Zifana, Mahardhika, Iwa Lukmana e Dadang Sudana. "The construction of victim of defamation in court's written verdict". Indonesian Journal of Applied Linguistics 12, n.º 1 (31 de maio de 2022): 156–63. http://dx.doi.org/10.17509/ijal.v12i1.28273.
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Most countries in the world consider defamation case as a civil domain. Indonesia is still one of the few countries in the world, which classify defamation case as a criminal act. The issue of defamation in Indonesia becomes more complex since there are various regulations governing defamation. Initially, the Indonesian Criminal Code (KUHP) is the only law that regulates the act of defamation. The establishment of the Law Number 11 of 2008 concerning Electronic Information Transactions (the EIT Law) has resulted in a complex situation since it also covers the act of defamation. After the EIT Law came into force in 2009, up until 2014, there have been 71 people charged in court for alleged defamation. Current research is a linguistic study in the context of law to discuss the construction of victims in copies of court decision. The data of the study were taken from two copy-texts of court decisions, which were the result of defamation cases in 2014 and 2015. Data are in the form of texts explaining the position of victims in relation to one of the grounds for judge’s decision. As explained by Coulthard Johnson (2007), Forensic Linguistics includes several levels such as acoustic phonetics, discourse analysis, and semantics. On this basis, data analysis in this study uses a critical discourse analysis (CDA) framework by Fairclough (1997) used with the consideration that the framework features dialectical-relational approaches which can map the patterns of social relations to explain the construction of a party in a discourse. Data interpretation and final conclusions of this study reveal the reproductions of logic of certain parties in a copy of criminal justice decisions; marginalization of victims to balance justice retributively and restoratively; and the establishment of role and position of victims in defamation discourses by ignoring institutional aspects and powerlessness. Thus, it appears that victims are not the center of discourse in the text copies of court decisions. Besides, the victim is the most important part of the defamation case considering that the case was classified as a criminal complaint.
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Kudryavtseva, Vera, e Natalia Vasileva. "On some problems of the legal regime of unauthorized construction objects". MATEC Web of Conferences 212 (2018): 09002. http://dx.doi.org/10.1051/matecconf/201821209002.
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In real socio-economic conditions, unauthorized construction is a phenomenon quite common in contemporary society. Construction remains the main type of land use and planning of the populated areas, especially in the prevailing conditions, when every year the population in large cities of Russia is growing, which leads to a steady expansion of borders and an increase in the area occupied by cities. At the same time, in the absence of a clear, proper urban planning, and the development of urban and rural settlements, the number of buildings being built illegally will increase. In order to prevent the growth of the number of such construction projects, there is a clear legal framework that regulates the concept and consequences of unauthorized actions to create or change real estate objects. When carrying out repairs, modernization, reconstruction, or construction of real estate objects, certain conditions and approvals are required; otherwise, the building can be recognized as unauthorized and become subjected to further liquidation. In order to reduce the practice of unauthorized construction and reduce corruption risks, it is necessary to toughen the interpretation of the concept of unauthorized construction and through the introduction of an unambiguous civil law regulation, especially in the conditions of securing ownership over the objects of such origin.
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Hanafi, Hanafi, Eriyantouw Wahid e Gunawan Djajaputra. "LEGAL PROTECTION ON APARTMENT UNITS’ CUSTOMERS WITH PPJB WHEN THE DEVELOPER IS FAILED". Indonesian Journal of Multidisciplinary Science 1, n.º 6 (28 de março de 2022): 563–73. http://dx.doi.org/10.55324/ijoms.v1i6.113.
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The purpose of this study is to find out the legal protection regulations for buyers, the efforts that buyers of apartment units can take in the form of PPJB if the developer is declared bankrupt and how the law should give rights to the apartment buyers. Research on the above problems was conducted using qualitative methods. The type of research used is normative empirical by using approaches with methods of legal interpretation, legal construction, legal philosophy, legal history, and comparative law, as well as a legal pluralism approach. The data used in this dissertation research are primary and secondary and tertiary data which are analyzed objectively based on existing juridical references in order to obtain answers to the problems. Based on the research results from the problems above, it is concluded that there are several arrangements regarding the protection of buyers/consumers in Indonesian positive law, both from civil law, criminal law, customary law, and Islamic law. Buyers of apartment units can also sue in accordance with Article 3 of the UUK and PKPU, although the process must take a long time. The law should provide an update by adding a clause in the PPJB that objects being traded cannot be included in the bankruptcy budget.
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Kozanecka, Paulina. "Chinese Legal Terminology in European and Asian Contexts Analysed on the Example of Freedom of Contract Limits Related to State, Law and Publicity". Studies in Logic, Grammar and Rhetoric 53, n.º 1 (1 de março de 2018): 141–62. http://dx.doi.org/10.2478/slgr-2018-0008.
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Abstract The aim of this research was to analyse Chinese legal terminology related to limits of freedom of contract in juxtaposition with other European and Asian legal systems. The study was limited to state, law and publicity. The purpose of the comparison was to add a broader perspective to the research on Chinese legal terminology. The research material included civil codes and contract laws of selected European and Asian countries. Among the European codes the great ones were obviously included – French, Austrian and German, as well as those of less importance, but still relevant in Europe, such as Italian, Spanish codes or Swiss Law of Obligation, and also codes of Slavic and simultaneously post-socialist countries, like Poland, Czech Republic and Russia. In the case of Asia, the codes of China, Japan, South Korea and Vietnam were analysed. The question asked was whether the terminology used in Chinese law is unique or repeated and if so, how common it is in comparison with other legal systems. The research methods included the parametric approach to legal terminology comparison and techniques of legal construction (interpretation).
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R, Mukhlis. "Rekonstruksi Penyidikan dalam Sistem Peradilan Pidana Berbasis pada Prinsip Negara Hukum Pancasila". Melayunesia Law 2, n.º 1 (10 de julho de 2018): 44. http://dx.doi.org/10.30652/ml.v2i1.5387.
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The Criminal Procedure Code regulates Police Investigators as the main investigators and investigators of civil servants in coordination umbrella with Police Investigators. The development of laws outside the Criminal Code and Criminal Procedure Code regulates several Investigative Institutions (Police Investigators, Civil Service Investigators, Prosecutor Investigators, Corruption Eradication Commission Investigators, National Narcotics Agency Investigators, and Investigators of Financial Services Authorities). Differences in top management, as well as differences in authority and work in investigations, have led to conflicts between the Investigating Institutions, which have an effect on the achievement of the objectives of the integrated criminal justice system. In reality, the Investigative Institution consists of Police Investigators, Civil Service Investigators, Prosecutor Investigators, Corruption Eradication Commission Investigators, National Narcotics Agency Investigators, and Investigators of Financial Services Authorities. Each investigator has different top officials (Chief of Police, Attorney General, Minister of Law and Human Rights, Commander of the Indonesian National Army, Chairman of the Corruption Eradication Commission and Chairman of the National Narcotics Agency) and has different authority and conduct in conducting Investigations. Reconstruction of authority among the Investigating Institutions, conducted with Interpretation and Dialogue together which gave rise to new construction Pancasila Investigation Legal System.
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Uksusova, E. E. "Access to Court as a Determinative Procedural Act for the Exercise of Justice and Protection of Rights in Civil Cases (The Beginning)". Actual Problems of Russian Law 15, n.º 12 (30 de dezembro de 2020): 90–108. http://dx.doi.org/10.17803/1994-1471.2020.121.12.090-108.
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The author, following the focus of the study on specialization of civil procedural law in the Russian legal system as manifested regularity of its development, relying on the inevitable dualism and interaction between material and procedural law, comprehends its current state on the example of certain basic procedural and legal institutions: the institution of the right of access to court, the institution of protection of the rights and interests of other persons, the institution of jurisdiction, etc. The analysis caried out within the framework of the study takes into account the Russian legislative reforms undertaken in recent decades. The author’s use of known and proposed legal constructions, categories and concepts in the author’s combination and (or) interpretation makes their research urgent for the purposes of understanding of the key conditionality of civil procedural law specialization in the Russian law system as providing them with the administration of justice and protection of rights in civil cases in compliance with their wide understanding when the right to judicial protection in the system of constitutional rights and freedoms constitutes a guarantee for all of them. This paper is the first in a series of three papers devoted to the problem of the right of access to court as the most important issue of dualism and interaction between material and civil procedural rights.
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Andayani, Diah Prastiwi, Ramlani Lina Sinaulan e Felicitas Sri Marniati. "PERLINDUNGAN HUKUM BAGI ANAK LUAR KAWIN YANG DISEMBUNYIKAN IDENTITASNYA OLEH PEWARIS TERKAIT BAGIAN WARISANNYA MENURUT HUKUM PERDATA." SENTRI: Jurnal Riset Ilmiah 2, n.º 9 (5 de setembro de 2023): 3501–9. http://dx.doi.org/10.55681/sentri.v2i9.1489.
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The Constitutional Court's decision number 46/PUU-VIII/2010 changed the contents of Article 43 paragraph 1 of Law number 1 of 1974 concerning Marriage wherein the ruling in the third paragraph stated that children born out of wedlock have civil relations with their mothers and their mothers' families as well as with men. the man as the father who can be proven based on science and technology and/or other evidence according to law has blood relations including civil relations with his father's family. The phenomenon that occurs in society, many illegitimate children are hidden by the heir as their biological father. So that the certificate of inheritance rights does not include children out of wedlock as heirs. This is the formulation of the problem of how the legal consequences for children out of wedlock are related to the part of the rights that are hidden in inheritance and how the legal protection for children out of wedlock whose identity is hidden by the heir is related to the part of the right to inherit. The theory used is the legal protection theory of Satjipto Rahardjo and the theory of children out of wedlock from R. Soeroso. The method used in this research is normative juridical research, namely library law research or secondary data with sources of primary, secondary and tertiary legal materials. The research approach used is a statutory approach, a conceptual approach, an analytical approach and a case approach. The technique of collecting legal material is carried out by identifying and inventorying positive law rules, literature, books, journals and other sources of legal materials. For the technique of analyzing legal material, it is carried out using legal interpretation (interpretation), grammatical interpretation, systematic interpretation and legal construction methods. From the research results, it can be seen that the legal consequences for illegitimate children related to the part of the rights that are hidden by inheritance based on a court decision, the child has a civil relationship with the mother and father so that legal actions related to inheritance can be cancelled. This can be seen by canceling the Inheritance Declaration Deed. As for lawsuits, it can be carried out through unlawful acts, while legal protection for children out of wedlock is limited to children out of wedlock in the narrow sense, namely children born out of wedlock who are not registered. The decision of the Constitutional Court only provides protection for biological responsibility regarding rights and responsibilities as a biological father and is not related to the inheritance status of a father to his child as an heir, but this decision can be used as the basis for a lawsuit regarding the inheritance rights of children out of wedlock in a narrow sense
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Rivet, Michèle. "L'immixtion et la trop grande expertise du propriétaire, cause d'exonération de responsabilité des architectes et des entrepreneurs sous l'article 1688 C.C." Chronique de jurisprudence 19, n.º 1 (12 de abril de 2005): 233–56. http://dx.doi.org/10.7202/042232ar.
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In May 1977, the Supreme Court of Canada gave an authoritative judgment on the interpretation of article 1688 of the Civil Code dealing with the liability of the builder and the architect. In Davie Shipbuilding Ltd v. Cargill Grain Company Ltd and The Foundation Company of Canada Ltd, the court established a new method of rebutting the presumption of liability resulting from the article. Indeed, the Supreme Court found that where the owner intervened during the construction and was more qualified than the contractors in charge of the work to judge its quality, he could not invoke the presumption resulting from article 1688 C.C. and was responsible for any loss. The case is not an easy one — questions of law and facts are not simple in this dispute involving more than eleven million dollars.
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Sudomo, Darasati Damarani, Wira Franciska e Amelia Nur Widyanti. "TANGGUNG JAWAB NOTARIS DALAM PEMBUATAN AKTA DILUAR WILAYAH KERJANYA TERAIT AKIBAT HUKUM ATAS PELANGGARAN UNDANG-UNDANG JABATAN NOTARIS DAN KODE ETIK NOTARIS." SENTRI: Jurnal Riset Ilmiah 2, n.º 12 (10 de dezembro de 2023): 5251–60. http://dx.doi.org/10.55681/sentri.v2i12.1908.
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Responsibilities of notaries in making deeds outside their work area investigate the obligations and roles of Notaries when making deeds outside their work area. Related legal consequences for violation of the Notary Office Act and the notary Code of Ethics investigate the legal consequences that a notary may face if he violates the Notary Office Law and the notary Code of ethics. This study uses two theories of law, namely The Theory of legal consequences and liability theory. The method used in this research is normative juridical research, specifically a library law research or secondary data with primary, secondary and tertiary legal sources. As for the research approach used in this case the legislation relating to land acquisition and the method of collecting the legal materials are carried out by identifying and taking an inventory of positive law, journals and other legal sources. The method used in analyzing the legal materials (interpretation) is to get views on the public interest is ultimately owned by either private ownership or management. to get legal certainty and legal construction method. The result of this study is the deed outside the territory of the Notary is valid as evidence, can be canceled if it is defective and disputed, only by the party in the deed. The act of abrogation occurs as an act under hand. The notary is responsible civil and administrative, can sanction fees, damages, interest, warning, dismissal, or dismissal. Violation of Article 17 paragraph (1) letter a uujn-P triggers civil and administrative liability, lawsuit to the General Court. If the deed is void, the Notary is charged fees, damages, and interest. Administrative sanctions are established by the Supervisory Board of Notaries. Although not a criminal offense, notaries are bound by civil, administrative, and professional code of ethics liability. The Code provides for obligations, prohibitions, exceptions and internal sanctions
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Chehayeb, Amir, Mohamed Al-Hussein e Peter Flynn. "An integrated methodology for collecting, classifying, and analyzing Canadian construction court cases". Canadian Journal of Civil Engineering 34, n.º 2 (1 de fevereiro de 2007): 177–88. http://dx.doi.org/10.1139/l06-122.
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Construction contracts are becoming more complicated, and the increase in complexity of construction processes, documents, and conditions of contracts has contributed to a higher possibility of disputes and conflicting interpretations. The judicial system has been the means for dispute resolution for claims that cannot be solved through other means such as negotiation and arbitration. Knowledge of previous outcomes of judicial processes will both inform participants in a dispute and increase the likelihood of a less-expensive out-of-court dispute-resolution process. This paper presents a methodology to classify, categorize, and analyze Canadian case-law construction claims. In total, 567 Canadian construction court cases have been collected from 10 different sources and are classified into 12 categories that follow the Canadian Construction Documents Committee (CCDC) standard construction contract document CCDC 2-1994. The proposed methodology is implemented in a computer-integrated system called the Canadian construction claim tracker (CCCT), which consists of one central database and three modules, namely a statistical module, a prediction module, and a classification module. The CCCT provides its users with easy and quick access to past case-law claim information.Key words: construction courts, claims, litigation, artificial neural networks, Canadian Construction Documents Committee.
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КОЛЕСНИЧЕНКО, Ольга Викторовна. "PUNITIVE AND FAIR FORMS OF COMPENSATION FOR HARM TO HEALTH IN THE SOURCES OF LAW AND THE CIVIL LAW DOCTRINE OF THE RUSSIAN EMPIRE IN THE LATE 19TH - EARLY 20TH CENTURY". Rule-of-law state: theory and practice 18, n.º 4(70) (19 de janeiro de 2023): 94–102. http://dx.doi.org/10.33184/pravgos-2022.4.13.
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Despite the fact that one of the most important tasks for the development of the institution of compensation for losses is recognized as a strict regulation of the conceptual base, in modern civil law, the issues of choosing forms and methods of compensation for harm to health remain without proper theoretical justification and consideration. Since the problems of applying civil law consequences of damage to a given intangible good are usually revealed exclusively in the context of applying the institution of compensation for moral damage, it is of particular interest to study the history of the development of general rules for the onset of tort liability for harm to health, as well as the first attempts to attract insurance compensation funds to protect the property interests of accident victims. Purpose: to study the doctrinal sources and norms of civil law of the Russian Empire of the late 19th - early 20th centuries, related to the development of traditional and alternative legal forms of compensation for harm to health, in order to identify approaches that are relevant in modern conditions. The specific tasks are to identify the problems of legal regulation of the relevant social relations, underlying theoretical approaches and individual significant opinions on the issues of the essence and legal nature of tort liability in its various modifications, as well as alternative legal remedies for harm to health. Methods: general philosophical (materialistic, dialectical), general scientific (logical, system-structural, axiological), specific scientific (formal-legal, historical-legal, systemic) research methods are used. Results: the author substantiates the existence in the sources of law and the civil law doctrine of the Russian Empire of the period under consideration of the prerequisites for an expanded interpretation of the construction of tort liability, where such liability is accompanied by the inclusion of a fair obligation to compensate for material losses of a certain activity. Legal tools to individualize the punitive function of such liability, unusual in the modern era, have been identified (restrictions preventing the transfer of material losses to persons who are not delinquents when they commit crimes, the possibility to cover the indirect consequences of an offense with reward in terms of intentional unlawful acts, etc.). The difference between punitive and fair forms of compensation for harm is presented as a system-forming problem of civil law, the solution of which remains today the methodological «key» to overcome gaps and contradictions in the legal regulation of tort obligations.
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Rott-Pietrzyk, Ewa. "Trust and reasonable expectations in contracts — values that always matter (from the perspective of Polish private law)". Pravovedenie 64, n.º 4 (2020): 458–82. http://dx.doi.org/10.21638/spbu25.2020.402.
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Will a situation where the “competitive contract law” is developing alongside the classical contract law inevitably lead to a clash of these two contractual worlds? It has been suggested that there is a kind of “competition” between modern contract law and the classical one, with the final result seen in terms of a zero-sum game. The alternative is to perceive this phenomenon not as a “competitive arena” but a “cooperative one” (with a win-win result). By analogy to architecture, it means a peaceful refurbishment, where the foundation is preserved and the rest can be rebuilt in such a way that the whole construction will be solid and serve for decades. Some institutions of traditional contract law, altogether with their traditional functions, create elements that can make the whole construction stable and impervious to unforeseen and atypical situations. This article takes a close look at the three mechanisms present under the provisions of Poland’s Civil Code, namely interpretation (Article 65), supplementation (Article 56) and setting out obligations according to due performance (Article 354), which are based on traditional contract criteria, namely trust and reasonable expectations. The perspective of Polish law is presented with some references to Chinese law and culture, as this helps show that certain traditional criteria are recognised and do matter in different legal cultures. These traditional criteria of a contextual nature determine the meaning and content of contracts in almost every legal order and in model law. They can be seen as the elements that strengthen and stabilise the whole construction of contract law. The author raises the question whether nowadays a serious surgical intervention to the extent of contract law is necessary, or whether a delicate face-lifting would be sufficient (if at all). This question refers mainly to trust as a soft but crucial contractual tool at each contracting stage. The article presents the approach whereby trust (in particular), when acting as a unilaterally understood functional instrument, can reconcile the world of traditional contract law with the modern one. In other words, trust is recognised as a vital element connecting not only different legal cultures, but also traditional contract law with the modern one.
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Balwicka - Szczyrba, Małgorzata. "Gloss to the decision of the Supreme Court dated 24 February 2023, file no. III CZP 108/22". Nieruchomości@ IV Wydanie elektroniczne (19 de dezembro de 2023): 67–79. http://dx.doi.org/10.5604/01.3001.0054.1302.
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The Supreme Court, in the justification of the order of 24.02.2023, ref. III CZP 108/22, questioned the existence in the legal system of the construction of the so-called "easement with a content equivalent to the transmission easement." Thus, he challenged the already well-established line of case law of the Supreme Court, as well as of common courts, which allowed the establishment of such an easement. The gloss expresses a critical assessment of the view taken by the Supreme Court and presents arguments in support of it. As a result, the acquisition by way of acquisitive prescription of a transmission easement, as well as an easement corresponding to the content of the transmission easement, was deemed permissible, as justified by the interpretation of Article 172 in conjunction with Article 292 of the Civil Code
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Tsiura, Vadym. "THE LIMITS OF THE PRESUMPTION OF THE LEGALITY OF A TRANSACTION AND ITS EXTENSION TO VOID TRANSACTIONS". Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, n.º 125 (2023): 96–99. http://dx.doi.org/10.17721/1728-2195/2023/1.125-16.
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The article is based on provisions of current civil legislation, approaches formed in judicial practice, primarily of the Supreme Court, and achievements of domestic legal doctrine. The research is based on the interconnected use of general scientific and special legal methods, in particular methods of synthesis and analysis, formal-legal and logical-legal as well as hermeneutic methods. Based on the interpretation of the norm of Art. 204 of the Civil Code of Ukraine and the practice of the Supreme Court, in this study we substantiate that the presumption of legality of the transaction is applied to all transactions, regardless of the legal basis for declaring them invalid in the future. That is, the presumption of legality and the need to refute it, based on its nature as a legal concept, are applied in both cases: when the invalidity of the transaction is directly established by law (void transaction) or when it is recognized by the court as invalid (disputed or voidable transaction). This is indicated by the logic of the construction of Art. 204 of the Civil Code of Ukraine, which does not distinguish the grounds for the invalidity of the transaction from the point of view of the presumption of legality, stating them next to each other, as well as the conclusions of the Supreme Court, which establish the court's duty to investigate the factual circumstances with which the law connects the invalidity of the transaction, to establish their presence or absence, and, accordingly, to confirm or refute the voidness of the transaction declared by the party or interested person. This understanding of the content of the legal category of the presumption of legality of the transaction helps to ensure the predictability of relevant social relations, the stability of business turnover, and the domestic system of the law of obligations in general.