5 results on '"contract law"'
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2. Content moderation in times of war: testing state and self-regulation, contract and human rights law in search of optimal solutions.
- Author
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Filatova-Bilous, Nataliia
- Subjects
HUMAN rights ,CRIMES against humanity ,FREEDOM of speech ,CONTRACTS - Abstract
The full-scale invasion of Ukraine and crimes against humanity accompanying it have been fuelled by the mass spread of fakes and hatred incitements, forcing the largest online platforms to review and strengthen their content moderation policies. However, the approaches taken by platforms have not been perfect, and some of them could even exacerbate the situation. All in all, this is another evidence of the need to develop mechanisms being able to cope with the challenges to online speech and safety caused by dramatic social events. Basic approaches to address content moderation issues developed by now are self-(co-) and state regulation, on the one hand, and contract and human rights law, on the other. However, neither of them taken separately can ensure the needed level of protection of human rights online. Thus, in this article the ways to combine and improve these approaches are proposed. On the one hand, there is a need to dwell on private law mechanisms allowing to ensure the protection of human rights by virtue of judgements in private disputes. On the other hand, state regulation should be improved by international instruments allowing to provide for a uniform approach to regulation at a global scale. [ABSTRACT FROM AUTHOR]
- Published
- 2023
- Full Text
- View/download PDF
3. COMPARATIVE LEGAL RESEARCH ON CONTRACT LAW CHANGES UNDER COVID-19 PANDEMIC: ENGLAND, UNITED STATES, ASIA AND UKRAINE.
- Author
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Vorotyntseva, Inna, Hranina, Ivanna, and Pysarenko, Maryna
- Subjects
- *
CONTRACTS , *COVID-19 pandemic , *LEGAL research , *INDUSTRIAL research , *COMMON law - Abstract
The study aims to characterize the changes in contract law under the influence of the Covid-19 pandemic in Ukraine and the world. For this purpose, we used systemic, comparative-legal, and formal-legal methods. The paper consists of an introduction, methodology section, bibliography review, results, discussion, conclusions, and references. In the result of the study some distinctive features of changes in contract law under Covid-19 pandemic at the level of national law of Ukraine and some foreign countries were characterized and highlighted. The authors came to the conclusion that changes in contract law are typical for the countries of continental law. Instead, common law states remain resistant to changes in contract law, particularly, the force-majeure application. The reason for this lies in the specific doctrine of the common law countries, as England and the United States. These countries' courts remain unshakable in terms of managing the contracts performance. In contrast, some Asian and European states (including Ukraine) are characterized by dynamic changes in legislation, given the pandemic situation. The paper also discusses similar institutions like hardship and frustration of purpose, which are both applicable in continental and common law countries. [ABSTRACT FROM AUTHOR]
- Published
- 2021
- Full Text
- View/download PDF
4. The Western Ukrainian School of Private Law.
- Author
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Luts, V.
- Subjects
CIVIL law ,HISTORY of civil law ,LAW schools ,LAW teachers ,EDUCATION research ,LEGAL education - Abstract
The article determines that the formation and development of the civil law science in the Western Ukraine are primarily associated with the educational and scientific activity of professors and associate professors at the Faculty of Law of Lviv University. Among the scientists whose names are associated scientific achievements Lviv the civil law schools should be called A. Ogonowskyy, S. Dnistryanskyy, A. Pashuk, A. Sawitska, V. Luts, Z. Romovska, V. Kossak, O. Yaworska and others who have researched the problems of the protection of civil rights and interests of civil liability and investment law. Prykarpatska scientific school of civil law was founded by V. Luts and V. Vasylieva at the Department of Civil Law and Procedure of V. Stefanyk Carpathian National University. Topical issues of contract and corporate law are developed in the works of these and other scientists (I. Banasevych, M. Loginova, O. Zozulyak, I. Sarakun etc.). The formation of the civil law school in Yu. Fedkovych Chernivtsi National University is conventionally divided into three periods: a) Austrian (O. Granvayn, K. Adler); b) Romanian (G. Dregenesku, I. Lungulyak); c) Soviet (N. Getmantseva, V. Nykyforak, A. Butyrskiy etc.). The civil research are conducted by scientists at the Department of Civil Disciplines of the National University «Ostrog Academy» (R. Lidovets, T. Blaschuk, A. Philipiev and others), as well as at the Department of Civil Law and Procedure of the Faculty of Law of Ternopil National University of Economics (V. Sloma, I. Kalaur, I. Lukasevych-Krutnyk etc.). Works of these scientists and other law schools of the western region of Ukraine are undeniable contribution to the spiritual treasury of the ukrainian people and the basis for further research problems of private law. [ABSTRACT FROM AUTHOR]
- Published
- 2014
5. The Civil Code of Ukraine: Recognized Achievements of Codification.
- Subjects
CIVIL law ,LEGISLATION ,DEMOCRACY ,DOMESTIC relations ,INTERNATIONAL law - Abstract
The article is devoted to the recognized achievements of codification of norms in the civil law of Ukraine. Summarizing the results of 10 years of the Civil Code of Ukraine, the authors emphasize that the adoption of the new Civil Code of Ukraine, even in the current, very distorted compared to its projects after the first and second parliamentary reading, and which is surrounded by non-market and opposing Commercial Code (CC) and such legislation is undoubtedly the most significant step towards democratic reforms in all the years of reforms in the independent Ukraine. Among the achievements of the reform project developers CC of Ukraine celebrated the return to the legal system of Ukraine principles, concepts and categories that have come his way from the development of the private Roman to modern European law and the rejection of «dualism» of private law, the results of convergence, harmonization and unification of the separate groups of rules with the relevant rules of international conventions and universal nature of EU law, expanding the content of private law at the expense of the moral rights of an individual and others. The article is reasonably necessary timeliness and urgency to create a special government commission system updates the Code in view of modernity in all its forms. Attention is drawn to the fact that this update was recently done in Germany, France and other countries. It is predicted that the result of the commission can be not only interrelated changes and additions to the existing paper books, but also the inclusion of new parts on family law, private international law and so on. [ABSTRACT FROM AUTHOR]
- Published
- 2014
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