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The article analyzes the concept of force majeure provided for in Article 14-1 of the Law of Ukraine «On Chambers of Commerce and Industry in Ukraine» No. 671/97-ВР of December 2, 1997, which defines the list of circumstances falling under the concept of «force majeure». This list is quite broad, but not exhaustive. At the same time, such a list of force majeure circumstances did not exist before September 2, 2014, and this list appeared in connection with the anti-terrorist operation in eastern Ukraine after the entry into force of the Law of Ukraine «On Temporary Measures for the Period of Anti-Terrorist Operation» No. 1669-VII of September 2, 2014. It is emphasized that the Civil Code of Ukraine does not provide for the interpretation of such concepts as «force majeure» or «force majeure». The Commercial Code of Ukraine, in contrast to the Civil Code, states what are not extraordinary and unavoidable circumstances. Comparing the application of the concept of force majeure under Ukrainian law and UK law, it is worth noting that UK law does not provide for the concept of «force majeure» in legislation, as force majeure must be provided for in the contract. It is determined that the UK judiciary operates with the concept of «frustration», and the judiciary of the United States of America - with the concept of «commercial impracticability», which are inherently close to the doctrine of force majeure, although they contain some differences. Namely, the doctrine of force majeure refers to liability for non-performance or improper performance and is usually clearly defined in law, as is the doctrine of commercial impracticability in the United States of America. At the same time, the doctrine of «frustration» is not clearly provided for in English law. In addition, such doctrines also have different consequences: the doctrine of force majeure may be applied when it comes to exemption from liability for non-performance or improper performance of an obligation, while the doctrine of frustration and the doctrine of commercial impracticability are more likely to apply to the failure to perform an obligation in general, and even between these two doctrines there are certain differences, as noted by the court in The Aluminum Co. of America (ALCOA) v. Essex Group Inc. The doctrine of frustration may be applied when, if the parties had known about the change in circumstances and their impact on the relevant obligation, they would not have become a party to such an obligation. In turn, the doctrine of commercial impracticability relates more to the commercial component of the obligation and concerns unfavorable (in financial terms) consequences for one of the parties. [ABSTRACT FROM AUTHOR]

In the prepared article examines and analyzes the main problems of using a surety bond and other types of ensuring the fulfillment of obligations. Their interaction with hereditary legal relations is considered. In the plane of interaction of suretyship and inheritance, the author drew attention to the presence of personal elements in this type of provision, revealed what they consist of. According to the contract, the guarantor guarantees to the debtor’s creditor that the debtor will fulfill his obligation. The indication in the norm of the Civil Code of Ukraine that the guarantor vouches for the person of the debtor indicates the existence of the guaranty as a way of securing personal elements. The author proposes to understand this wording in such a way that the guarantor vouches for the fulfillment by the debtor himself, and not by some other person, being sure that the debtor will fulfill this obligation. Such a vision is manifested in the accessory nature of the scope of requirements to the guarantor, since in the event of a change in the obligation without the consent of the guarantor, as a result of which the scope of the debtor’s responsibility has increased, such a guarantor is responsible for the breach of the obligation by the debtor to the extent that existed before such a change in the obligation. A surety is qualitatively and essentially different from a pledge (mortgage), since the pledge is of a material nature and enjoys material protection. Suretyship refers to personal types of guaranteeing the performance of obligations, performed by a specific person, and legal succession to the suretyship is limited precisely taking into account its classification as a personal type of guarantee. This is important for inheritance under the principal obligation. The specificity of suretyship as a form of guaranteeing the fulfillment of an obligation indicates the presence of a significant specific weight of personal elements, which qualitatively distinguishes a suretyship from other types of security, in particular, a pledge. Personal elements accompany suretyship not only in terms of the scope of performance, but also in the area of legal succession, in particular in the event of the surety’s death. The presence of personal and even fiduciary elements in the suretyship limits succession to the obligation secured by the surety in the event of the borrower’s death. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of essential terms in the content of contracts in the field of road construction with due regard to the existing scientific approaches, provisions of current legislation and case law. The author analyzes the essence of the essential terms of contracts of this type and provides a list of such terms. The author establishes that the list of essential terms of road construction contracts is exhaustive and may be supplemented by legislation, parties and courts. In addition, the author recognizes the possibility of listing the list of essential terms and conditions within the relevant offer by a party to the contract as a priority. The study of the subject matter of a contract in the field of road construction in terms of the dichotomous “subject matter-contract” pair has created the prerequisites for supporting the position that the subject matter of a contract is understood as the result of construction works (engineering, geological, topographic, geodetic, hydrological, research and development, construction and installation works), i.e., a road as a complex object. It is indicated that the price of contracts of this type is reflected in the design and estimate documentation and should be classified by the method of determination and peculiarities of adjustment. The term of construction works may be differentiated depending on the components of the work according to the design and estimate documentation. It is noted that if the term is included in the list of essential conditions, the provision on reasonable terms cannot be applied. The author classifies terms and makes proposals for bringing the provisions of legal acts in this part into line with the terminology and requirements of the Civil Code of Ukraine. The author supports the idea of including provisions on the parties’ liability for improper performance or non-performance of obligations among the essential terms of a contract in the field of road construction. Attention is drawn to the specifics of essential terms in the content of contractor agreements and related investment agreements in the field of road construction. Given the importance and specifics of implementation of this type of contracts, the author suggests that it is possible to determine the list of essential terms in a standard contract with due regard for the nature of special contractual structures in this area. [ABSTRACT FROM AUTHOR]

The current civil legislation of Ukraine stipulates the division of civil law contracts into preliminary and main ones. Contracts that are directly aimed at the emergence of rights and obligations between the participants of a specific contract are considered basic. Instead, contracts should be considered preliminary, the parties to which undertake to enter into a contract in the future (main contract) on the terms established by the previous contract (part 1 of Article 635 of the Civil Code of Ukraine) within a certain period of time (at a certain time). Preliminary contracts should be distinguished from contracts of intent, since in the latter only the intention of the parties to enter into contractual relations in the future is established, without the obligation to conclude a contract in the future. However, the practice of applying previous contracts indicates insufficient regulation of the scope of conclusion and application of the previous contract in practice. At the same time, the conclusion of a preliminary agreement is common in the field of real estate acquisition, in particular, the certification of a preliminary agreement with the participation of a notary. The possibility and procedure of concluding preliminary contracts are regulated by the Civil Code of Ukraine. The contract is the main basis for the emergence of civil legal obligations. It should be noted that a civil law contract is the main basis for the emergence of binding legal relations (obligations), which establishes certain subjective rights and subjective duties for the parties who concluded it. A contract can be defined as an agreement between two or more persons aimed at establishing, changing or terminating civil legal relations. The subject of the contract is always a certain action, but this action can only be lawful. If the subject of the contract is an unlawful act, i.e. illegal, then such a contract is recognized as invalid. The contract is considered valid if the following conditions are met: legality of the action; manifestation of will of the parties; compliance with the form of the contract established by law; legal capacity and legal capacity of the parties. The main element of every contract is the will of the parties, aimed at achieving a certain goal that does not contradict the law. [ABSTRACT FROM AUTHOR]

The article analyses the reasons and potential consequences of the abolition of the Commercial Code of Ukraine. It is noted that the Ukrainian legal system, like any other, must adapt to changes in society. Among the key factors influencing the need for changes are European integration processes and the consequences of the Russian-Ukrainian war. It also highlights internal problems and contradictions between different legislative acts that need to be resolved. The Commercial Code of Ukraine was adopted in 2003 to regulate economic relations between business entities and public authorities. It consisted of nine chapters covering various aspects of economic activity. Over time, shortcomings of the Code were identified, such as fragmentation of legal provisions and conflicts of consistency with other legislative acts. This necessitated its revision and improvement. It is emphasised that there are several approaches to solving the problem. Some experts believe that the contradictions between the Commercial and Civil Codes can only be resolved by cancelling the Commercial Code. Others are convinced that the Code can be modernised by removing contradictory provisions and harmonising it with other legislation. The abolition of the Commercial Code may lead to significant changes in the legal framework, create a period of legal uncertainty and cause problems for legal entities engaged in economic activity. However, it may also help to simplify the legal regulation of economic relations, making it more transparent and understandable for business entities in other societies. This can create the basis for the development of the business sector and attract investment to our country. It is important to carefully prepare for the abolition of the Commercial Code, ensure a smooth transition to the new legal framework and minimise possible risks to Ukraine’s economy and legal system. [ABSTRACT FROM AUTHOR]

The article provides a historical analysis of the institution of abuse of law in the states of the RomanoGermanic legal family. In particular, with the help of a set of philosophical-worldview, general scientific, special scientific methods (primarily, dialectical, historical-legal and comparative-legal) and principles of scientific knowledge, the evolution of theoretical ideas about the abuse of law, their consolidation in legislation and practical implementation in individual states of the Romano-Germanic legal family (Germany, Austria, Switzerland, Spain, France). It is argued that modern ideas about the abuse of law are based on the provisions of Roman law. Theoretical approaches to the abuse of law contained in the works of leading European legal scholars (A. Binder, T. Geise, W. Erman, L. Dugis, W. Siebert, V. Roberto and others) were analyzed. On the basis of a comparative analysis of normative legal acts regulating the issue of abuse of law (German Civil Code, Austrian Civil Code, Civil Codes of Switzerland, Spain and France), characteristic features and general trends of the legal establishment of the category “abuse of law” in the states of the RomanoGermanic legal system have been revealed family. It was established that theoretical approaches to understanding the category of “law abuse” were most actively developed by scientists in Germany and France. In particular, general approaches to the essence and features of the abuse of the right have been developed, mechanisms for counteracting the harmful exercise of the right, etc. have been proposed. At the same time, the legislation of Germany, Austria, Switzerland, Spain and France also uses the experience of other countries, transforming it through their own culture and traditions. This is due to certain features of the legislative establishment of the inadmissibility of the abuse of the right. It was concluded that due to the existence in the states of the Romano-Germanic legal family of a general ban on the abuse of law, legal science had the opportunity to investigate not only specific cases of unfair exercise of the law, but also the phenomenon of abuse of law in general. [ABSTRACT FROM AUTHOR]

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The paper aims to trace the historical remodeling of a traditional, agnate-centered, and male-dominated inheritance law of Serbian joint family household – traditionally known as zadruga – into a modern and individualistic one. The paper relies on the contemporary idea that the legal text does not possess any objective meaning a priori, but gains sense only through its interpretation by supreme courts rulings and doctrinal critics. Therefore, the paper puts aside the law, i.e. the Serbian Civil Code from 1844 and turns to two until now largely neglected sources: case law (i.e. superior court rulings) and the legal doctrine (i.e. scholarly writing). Interpreted from such a perspective, the Serbian 'zadruga law' of the 19th century discloses particular interest in a series of judicial controversies in which individuals' inheritance rights progressively and successfully challenged the integrity of joint family household holdings. In this regard, the paper closely examines the court decisions holding on inheritance rights of widows and separated sons as well as the case of succession of unmarried girls acting as zadruga members. From the perspective of demographic tendencies, agrarian opportunities, and the changing ecology of the time, these findings challenge the established historiographic narratives on the 1844 Serbian Civil Code and reveal the broader social context of its implementation. [ABSTRACT FROM AUTHOR]

The Indian Constitution recognises and accommodates the social and legal diversity of the country. It is interesting to note that it leaves the family outside the discipline of Fundamental Rights. Unlike many other Constitutions, neither does it contain a Fundamental Right to family nor does it disturb it by bringing the personal laws within the domain of law. The term Uniform Civil Code implies that it is applicable to all as a general rule and many support this view. Personal laws are an integral part of religion and, therefore, the enactment of Civil Code is an interference with religion. The vast majority of Muslim in India adheres to this view that the Uniform Civil Code would interfere in the personal law. The present paper aims to examine the feasibility of the implementation of Uniform Civil Code in India in the context of the recent push by the government of India. Recognising the interplay between the fundamental rights and the constitutional directives in the context of the debate around Uniform Civil Code, the paper also outlines in brief Part III and Part IV of the Constitution and their relationships. [ABSTRACT FROM AUTHOR]

The cross-border trade within Europe - especially within the strong economic area between London, Benelux and Germany - is intense. Despite Brexit, London will presumably remain one of the art-dealing capitals of the world - its sphere of influence going far beyond the borders of Europe. This constellation of intertwined cross-border trade will undeniably have an impact on the applicable law and the specific rules that need to be taken into consideration when discussing ownership or provenance, both of great importance for restitution cases, especially regarding Nazi-looted art. As a result, Belgian, English, German and other legal systems will be decisive for the question of whether an artwork is tradeable or not. Furthermore, they represent three major legal traditions: the Anglo-Saxon Common law, the Germanic Civil law and the Napoleonic Civil law. This article aims to highlight some aspects of the rules in these legal systems by discussing and comparing the provisions for bona fide acquisition, usucapion (or acquisitive prescription) and treasure trove.1 It will also discuss the recent reform of the Belgian Civil Code - the Code Civil Belge / Burgerlijk Wetboek - which might well become a source of inspiration for the German legislator - and other recent developments, especially in Germany regarding Nazi-confiscated cultural property. [ABSTRACT FROM AUTHOR]

After 1989, in the context of Romania's return to representative democracy, the transition to the market economy, the start of the Euro-Atlantic integration process and Romania's accession to the European Union, an extensive resistematization of the legislative corpus was imposed, with the Civil Code finally being adopted, which under art. 220 para. (1) from Law no. 71/2011 for the implementation of Law no. 287/2009 regarding the Civil Code, published in the Official Monitor of Romania, Part I, no. 409 of June 10, 2011, entered into force on October 1, 2011. In essence, the Civil Code from 2009 ensures the inheritance in general and the unworthiness of the successor in particular, a modern, flexible and coherent regulation, at the same time capitalising on the solutions proposed in the civil codification projects from 1940 and 1971, as well as those from foreign codifications, with mainly from France, Italy and Québec. The entry into force of the Civil Code from 2009, however, has generated a difficult challenge for practitioners of the law regarding the method of time applications of the civil law on inheritance, with especially in terms of the opening of the inheritance, its transmission and devolution, the report successions can stretch even over decades. In this context, the present approach aims to provide a coherent interpretation regarding the civil law applicable to the legal acts or facts found in closely related to the relationship of succession law. [ABSTRACT FROM AUTHOR]

Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Unlike natural conception and other assisted reproductive technologies, surrogacy involves three crucial factors: family legislation, family ethics, and reproductive technology. This makes the determination of parentage in surrogacy more complex. In China, surrogacy is completely prohibited by law. However, this prohibition has not diminished the interest in discussions around the family ethics, order, and relationships affected by surrogacy. In practice, disputes over parentage and child custody arising from surrogacy urgently need resolution through judicial practice. The current legal framework in China lacks clear regulations to address the complexities of surrogacy, leading to numerous unresolved disputes. To address this issue, it is advisable for China to enact clear legislative measures to govern parent-child relationships in surrogacy cases. This paper presents legislative recommendations for regulating surrogacy in China, with the hope that the judicial interpretations of the Supreme People's Court of China can provide clear legal regulations on surrogacy during revisions. [ABSTRACT FROM AUTHOR]

Separate marital surnaming (fūfubessei) has been a controversial issue in Japan for many years. Although the Civil Code and the Koseki Law allow the choice of surname for a married couple to be either the husband's or the wife's surname, this same legislation prevents a married couple from holding separate surnames. Despite calls for change to allow freedom of choice for couples strengthening in recent years, no progress in this direction has been forthcoming. This study focusses on migrant Japanese married couples in Australia to investigate if their attitudes and behaviour relating to marital surnaming are impacted by living in country where more liberal legislation allows for diverse arrangements for couples. The results indicate that those who have acculturated to life in Australia tend to be more favourably attuned to diverse arrangements than Japanese in Japan. However, those migrant couples less acculturated to Australian life tend to hold on to traditional cultural beliefs. The research also highlights the significant role of filial piety in the choices and attitudes of migrant Japanese couples in Australia. [ABSTRACT FROM AUTHOR]

Colonial epistemologies relegated the feminist agency in labour relations, economic production and familial responsibilities in Africa. This contradicts women experience in the face of colonial reforms that impacted their traditional status in the family. This paper advances the bourgeoning literature on the nexus between women, marriage and power in colonial Africa. It examines the place of colonial judicial system in the transformation of women social status among the Esan people of Southern Nigeria. Built on archival records in the colonial repository, oral interviews and extant literature, this paper reveals that the instrumentality of the Colonial Native Court and Ishan Civil Code advanced feminist expression in families with implications for divorce and social reordering in Esan society. [ABSTRACT FROM AUTHOR]

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Micro, small, and medium-sized enterprises (MSMEs) play a crucial role in Indonesia's economy, contributing to job creation, income growth, and wealth distribution (Koeswahyono et al., 2022). This research aims to analyze the impact of the COVID-19 pandemic on lease agreements (leasing) in the non-banking financial sector, particularly in financing companies. The research is conducted through a normative juridical research method. The main findings of this study show that credit restructuring is a government solution to address instalment payment difficulties, especially for MSME debtors. The article also addresses legal certainty issues in lease agreements, mainly due to regulatory gaps in the Civil Code. With specific conditions, credit restructuring is provided with a maximum limit of IDR 10 billion (Siregar et al., 2021). This research concludes that, despite being considered an optimal solution, credit restructuring also has negative impacts, and legal certainty is critical in this context. Using data from the Financial Services Authority in 2021, the article explains that credit restructuring has positively stimulated Indonesia's economic growth. MSME debtors are the main focus, comprising 39.73 percent of the total credit restructuring. This policy is seen as a strategic step to support economic recovery, especially considering the central role of MSMEs in the national economy. [ABSTRACT FROM AUTHOR]

The stipulation for another is a legal mechanism specifically regulated for the first time in the new Civil Code. Previously, this was a creation of doctrine and jurisprudence, although historically the origins of this legal mechanism date back to the Roman Empire. Although initially prohibited, judicial doctrine and practice have reached a consensus regarding the necessity of the existence of a complete legal framework regarding the application of the stipulation for another, the more so since its practical existence is undeniable, as is the necessity of the legal mechanism in contemporary practice. Both in theory and in practice, we can find similarities and differences between stipulation for another and assignment of contract. Therefore, although since the entry into force of the new Civil Code, multiple studies have been carried out regarding the stipulation for another or regarding the assignment of the contract, finding discussions regarding these legal mechanisms also in specialized works on the subject of obligations, we appreciated an in-depth study in which to present the two legal mechanisms in a mirror, with references to comparative law, to clarify and distinguish the application of the stipulation for another and the assignment of the contract. The study will present both practical situations from comparative law, as well as comparative law legislation from French law and English law, in particular. [ABSTRACT FROM AUTHOR]

The study deals with the issue of the liberating effect of the payment made in good faith to an apparent creditor. Under the conditions in which Article 1478 of the new Civil Code does not assimilate the expression „holder of the claim“, used retrospectively, and does not determine the meaning of the notion of apparent creditor, the authors of the study resort to the interpretation of the text based on its finality. As a result, inductively, in the light of the existing regulations in this matter, found in the body of the Civil Code and of some special laws, the study analytically renders the scope of the persons considered legislatively to be an apparent creditor. No less, circumstantially, the conditions for applying these regulations are presented. Likewise, the study draws attention to the divergent judicial practice regarding the applicability or inapplicability of Article 1478 of the Civil Code in the case of payment by bank transfer made to a third party, a person considered to be apart from the obligational relation brought to justice. [ABSTRACT FROM AUTHOR]

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Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The Federal Court of Justice has ruled that the impossibility of transferring a claim does not fall under warranty law. In a case between a medical billing center and a dentist, non-existent claims were sold, leading to a legal dispute. The defendant's appeal was successful, as the statute of limitations for claims is to be assessed according to the general provisions of the German Civil Code. The Federal Court of Justice has clarified that the non-existence of a claim leads to non-performance by the seller and does not fall under the statutory warranty law. [Extracted from the article]

The article deals with the assessment of adequate maintenance according to § 529 paragraph 2 of the German Civil Code. A social welfare provider demands the return of a gift due to impoverishment. The court decides that the income limit of 100,000 euros according to § 94 paragraph 1a of the Social Code XII does not play a role. It is determined that the recipient is not obligated to return the gift, as his adequate maintenance would be endangered. The decision is referred back to the appellate court to determine the self-retention according to the provisions of the Civil Code. [Extracted from the article]

This article discusses the availability of punitive damages in China for trade mark infringement. While the UK has been reluctant to emphasize the 'punitive' nature of such damages, China has legitimized punitive damages by codifying them in 2021. The Supreme People's Court Interpretation on the Application of Punitive Damages in the Trial of Civil Infringement Cases of Intellectual Property Rights (2021) has sought to clarify the requirements that are applicable to punitive damages, in particular with regard to the required 'intention' and the 'serious circumstances' in which such damages may be awarded. Although punitive damages still appear to be awarded rarely by Chinese courts, their availability and the increasing clarity around the requirements for their award should lead to the progressive strengthening of the trade mark owners' right in China. [ABSTRACT FROM AUTHOR]

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Copyright of Computer und Recht is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The authors analyse the opinions expressed by the Decision No 30/2023 of the High Court of Cassation and Justice -- Full Bench for the resolution of questions of law. The Supreme Court admitted the related referrals made by the Court of Gorj -- Civil Division I and ordered that, in interpreting and applying the provisions of Article 906 (4) of the Civil Procedure Code, in so far as the debtor has performed the obligation to do or not to do, which cannot be performed by another person, even during the resolution of the claim based on the provisions of Article 906 (4) of the Civil Procedure Code, the creditor can no longer obtain the final determination of the amount by way of penalty. The authors consider that the second opinion is correct, i.e. the one that interpreted the provisions of Article 906 (4) Civil Procedure Code as establishing a time limit of 3 months for the execution of the obligation, while the final amount may be determined to the extent that this time limit has been exceeded, regardless of whether by the time of the court's ruling the obligations have been executed. [ABSTRACT FROM AUTHOR]

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Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper intends to examine the application of binding precedents provided for by the Code of Civil Procedure in Article 927, Item I and the Constitution in Article 102 §1 and 2 to the arbitral award. The choice of the theme stems from the need to standardize jurisdictional and doctrinal positions. This research uses the deductive method, through a qualitative approach, to produce in-depth information; as for the procedure, it is a bibliographical research, through the review of scientific works and articles, as well as documentary, due to the revision of legislative texts and jurisprudential decisions that aim to extract the due deepening of the understanding of arbitration and the subordination of the arbitrator before binding judicial decisions. One of the studies refers to the legal consequence of the non-examination or non-application of judicial precedent by the arbitrator, whether the interpretation of the list listed in Article 32 of the Arbitration Law is expressed or not. The scientific contribution of this study is the promotion of the debate on the subject, by sowing new perspectives and solutions on the need to recognize situations not covered by Article 32 of the Arbitration Act which must be considered by the arbitrator before delivering the judgment, in order to avoid the choice of decision by the interested party, whether there is a judicial and arbitral decision on the same subject in a divergent manner. [ABSTRACT FROM AUTHOR]

The paper presents the development of Chinese contract law, which underwent significant legislative changes from the 1980s until the adoption of the Civil Code of China in 2020. Although the legislative models of Croatian and Chinese legislators largely overlap, the paper discusses whether Chinese law comprises any specific solutions, particularly influenced by the ideological philosophies, of Confucianism and communism, which prevail in Chinese culture and legal system. The paper examines the specifics of concluding the sale of goods contracts between Croatian and Chinese traders. The research questions deal with the implementation of the UN Convention on the International Sale of Goods and legal challenges to the validity of contracts when Chinese law applies. The author identifies two key challenges to the validity of the contract according to Chinese law, namely its form and content, as well as the scope of application of the principle of party autonomy. Contractual solutions are proposed to avoid some dubious interpretations before the Chinese courts. In conclusion, this article contributes to understanding the context of Chinese commercial contract law and its legal framework, and enhances thereby the party’s legitimate expectations and the quality of drafting sales of goods contract when engaging in business with Chinese traders. [ABSTRACT FROM AUTHOR]

In general, there are laws that provide protection to banks as lenders to obtain repayment of their debts when the debtor is in default, this is stated in Article 1131 of the Civil Code which reads: "All assets of the Debtor, whether movable or immovable, whether existing ones or those that will be in the future become dependents/guarantees. Debtor's assets, both movable and immovable, both present and future will become dependents/guarantee for their debts”. Then Law Number 4 of 1996 was born which specifically regulates the implementation of Mortgage (UUHT). One of the characteristics of the UUHT is that it is easy and certain to execute, which means executing the mortgage certificate. must be carried out but can still provide legal certainty for interested parties, in this case, the auction seller, auction buyer and auctioneer. Therefore, in carrying out executions based on parate execution, it must be able to provide convenience and legal certainty for all interested parties. [ABSTRACT FROM AUTHOR]

The construction of ecological civilization and the realization of common prosperity are two major development strategies in China. In the context of ecological civilization construction, it is essential to achieve common prosperity through reforming the natural resource assets property rights system. This article qualitatively analyzes the functions of the natural resource assets property rights system by adopting the methods of functional analysis and interdisciplinary analysis and empirically analyzes its associated logic with the common prosperity by using the case analysis method. The results indicate that: ① There are four basic functions (marketization, capitalization, resource allocation, and ecologicalization) in the natural resource assets property rights system. ② In the process of utilizing natural resources to achieve common prosperity, the marketization function of the natural resource assets property rights system can transform natural resources into natural assets; the capitalization function can transform natural assets into natural capital; the resource allocation function can optimize the allocation of natural resources; and the ecologicalization function can preserve and increase the value of natural resources, thus achieving a win-win situation between ecological civilization construction and common prosperity. ③ Common prosperity cannot be achieved alone by utilizing natural resources; the achievement of common prosperity by utilizing natural resources is actually the result of the reform of the natural resources system and the property rights system. The policy implications of this study include: ① In terms of perfecting the property rights system, China's natural resource assets property rights system should be improved in the context of total factor productivity. ② In dealing with the relationship between the government and the market, we should make scientific distinctions between market allocation and government guidance according to different types of resource classification, making the market play a decisive role in resource allocation. ③ In maintaining the order of market transactions, the Civil Code should be used to protect the transactions of natural resource assets property rights. [ABSTRACT FROM AUTHOR]

aims to demonstrate the ways in which social and legal vestiges, stemming from centuries of patriarchal and religious culture (which preaches the perpetual and sacred relationship), impact the contemporary perception of divorce in Brazilian society. Through a deep study of comparative literature, this article provides a historical review of Brazilian legislation from the end of the 19th century to the present day, including the civil code of 1916 and previous guidelines (very much based on religious thoughts). Furthermore, this article analyzes characters from Brazilian literature, who experienced the contexts of divorce at different epochs, using a feminist perspective. The central topic of the study will deal with how, even today, the suffering and weight, resulting from marital outcomes, affect much more the Brazilian women, if compared to the social reprisal (not) felt by the Brazilian men. [ABSTRACT FROM AUTHOR]

Objectives: Possession is one of the reasons for acquiring ownership, and the principle of possession in movable property applies to property owned by others. As for movable property with no owner, it is considered permissible. Once someone takes possession of it, ownership is transferred to them immediately without the need for specific conditions. The Palestinian Civil Law Project explicitly refers to this principle, unlike the Code of Civil Procedure, which did not explicitly mention it but introduced an alternative principle known as the theory of contract invalidity. In addition to the general conditions for possession, such as peaceful possession, clarity, and visibility (i.e., not being hidden), there are specific conditions for the possessor to acquire ownership of the movable property. Methods: The researcher employed the analytical descriptive methodology through describing the legal textx. Results: These conditions include the existence of tangible movable property, the possessor having good intentions, and the possession being based on a valid reason. Conclusions: If these conditions are met, the possessor gains ownership of the movable property according to the law without the need for a specific time period. This rule does not apply to stolen or lost property. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Physical Education / Tiyu Xuekan is the property of Journal of Physical Education Editorial Office and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The principle of concentration has been part of the Civil Procedure Code for over twenty years. To this day, it remains unclear if and to what extent is the concentration broken after the judgment is overruled by the Court of Appeal and the case is returned to the court of first instance for further proceedings. Is the concentration broken after the judgment of the Court of Appeal? And to what extent? What is the role of the Court of Appeal and what is the role of the court of first instance? The aim of this article is to review the issue in question and to discuss a possible solution. [ABSTRACT FROM AUTHOR]

The article is devoted to the study of certain issues related to the participation of military personnel in contractual obligations. The author identifies that the complex processes of formation and development of institutions of civil society, the construction of a legal state, and the reform of the legal system could not help but lead to a change in the legal status of various population groups, the emergence of new subjects of law, which, in turn, influenced the perception and reinterpretation of the concept of "subject of law," highlighting the distinctive features of such a category as "military personnel-special subjects." The author states that the definition of the status of military personnel as a special subject of law is significant for the legal regulation of their behavior, determining their status in connection with interaction with other subjects of law - entry into contractual relations. By analyzing the normative legal acts that regulate the legal status of military personnel, gaps have been identified that should be taken into account in the conclusion, performance, and termination of contractual obligations involving military personnel. However, given that the legislator currently does not have a clear algorithm for resolving these issues, they require additional legislative regulation. In the process of research, it was determined that a military serviceman may be a party to civil obligations. Thus, the performance of civil obligations involving military personnel is determined, first of all, by the corresponding articles of the Civil Code, and secondly, by specific types of civil contracts. The author specifies that military personnel enter into contractual relations during their free time from military service: 1) in the military barracks - as customers in the barber's shop, in military trade and grocery stores - as buyers; 2) when engaging in pedagogical, scientific and other creative activities, if it does not interfere with the performance of military service duties; 3) outside of service and outside the military unit - as passengers, clients, consumers, buyers. In these civil legal relations, military personnel have corresponding obligations as clients, buyers, performers - lecturers, passengers, clients, consumers. The performance of these obligations is determined by the corresponding articles of the Civil Code and civil contracts. The article outlines the problems associated with defining the special status of military personnel and their participation in contractual obligations, and suggests ways to address them. [ABSTRACT FROM AUTHOR]

Real servitudes are property rights in foreigners' things (iura in re aliena), in which the titleholder uses others' property to benefit his property. This research aims to analyse the creation of the right of real servitude based on contract as legal title. The analysis specifically examines the provisions of the law of property and other real rights of Kosovo no. 57/2009 and the law on obligation relations of Kosovo no. 16/2012 that do not provide enough specification and clarifications for the content and this type of contract. The isolated analysis only in the provisions of Kosovo law is insufficient for clarification without comparison with the legislation of other countries. Therefore, the Kosovo law is compared with the civil codes of France, Austria, and Germany, aiming to identify similarities, differences, and legal concepts. The work is based on a literature review and normative, comparative, and empirical methods. The research results answer the questions related to the content, form, and type of the contract as a legal title. It shows that Kosovo law, even though it has some similarities with the French civil code when it comes to the conditions of the valid contract, however Kosovo law differs as follows: a) the contract is not the only condition for acquiring the right of real servitude, but the registration is also needed, b) the content of contract must be based on the interaction of provisions of the law on property and the law on obligation relations, c) the same contract is obligation relationship in nature, but it also serves for the transfer of right and registration of the real servitudes. In this sense, it is concluded that Kosovo law is closer to the Austrian Civil Code and German Civil Code. However, it is not a pure German legal concept since it requires two contracts: a contract of obligation and a contract of transfer of real rights. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Soochow University Law Edition is the property of Soochow University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Româna de Dreptul Muncii is the property of Wolters Kluwer Romania and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In civil law jurisdictions, plants have traditionally been classified as 'objects' (or 'things') under private law, reflecting an age-old tendency, certainly in the Western world, to underestimate and undervalue plants. Recent legal debates increasingly acknowledge the special nature of plants. Perhaps the most eye-catching debate in this context is the one on Rights of Nature, which have much potential but pose some practical and conceptual challenges. We propose an additional way of acknowledging the special nature of plants in a legal context: de-objectifying plants in private law and thereby explicating that they are not mere objects. Numerous civil codes already separate animals from objects, often – though not exclusively – based on the sentience of animals. Recent scientific research suggests that plants may be sentient, too. We aim to open the debate on the de-objectification of plants, based on their sentience, in civil codes as a feasible and unobtrusive way to acknowledge in law that plants are living beings, and more than mere things. [ABSTRACT FROM AUTHOR]

Land sale and purchase is an important transaction carried out to obtain rights to land. Land is one of the most valuable assets and has the potential to generate profits in the future. Land is becoming increasingly valuable because land is increasingly scarce, over time and the increasing human population, land prices continue to increase. This makes the business of buying and selling land an investment class that is definitely promising for everyone, ranging from housing, business premises, agriculture, to investment. Therefore, the process of buying and selling land and similar actions must be carried out carefully and in accordance with applicable legal provisions. However, many people do not understand the importance of the procedures for transferring land rights in Indonesia regulated in various laws and regulations. As happened in the journal to be discussed, where there was a sale and purchase between husband and wife that had been made AJB before the Temporary Land Maker Official. Where this agreement violates the objective requirements according to the Civil Code, resulting in the agreement being "null and void". In this method we use a normative juridical method which is a library law research with an approach that is carried out using reviewing the main legal material focusing on analyzing regulations, doctrines, and legal principles related to the transfer of land rights. [ABSTRACT FROM AUTHOR]