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Copyright of Notaire is the property of Universitas Airlangga 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 modern contractual practice, novation and the transfer of the indemnity are quite relevant ways of terminating the obligation, which makes it necessary to deepen the characteristics of the distinguishing features and the principles of distinguishing the mentioned mechanisms for terminating the civil obligation. It is substantiated that one of the main and primary differences between novation and indemnity, which should be paid attention to when characterizing the legal relationship between the parties, is the purpose. In particular, it is emphasized that during novation, the parties must intend to replace the existing one with a new obligation that did not previously exist between the parties and that arises on the basis of the concluded novation agreement (that is, in this case, it is not about changing the conditions or a separate condition for the performance of the original obligation). Novation is primarily characterized by the fact that the conclusion of an agreement on a new obligation generally does not terminate the legal relationship of the parties, since instead of the initial obligation, the validity of which is terminated, a new obligation agreed upon by them arises, and therefore, a legal relationship between the creditor and the debtor continues At the same time, the transfer of the object of indemnity agreed upon by the parties instead of the fulfillment of the original obligation is aimed primarily at the liquidation of legal ties between the parties. With the transfer of the assignable object, that is, with the execution of the assignable agreement, the initial obligation is terminated and the legal relationship between the parties is also definitively terminated, without further development or change in accordance with other grounds or conditions. It is this aspect that is key in the characterization of the differences between indemnity and novation in combination with other grounds for distinguishing the mentioned legal institutions, because the purpose and functions of novation and indemnity in the regulation of civil legal relations are completely different, which determines the choice by the parties of one or another way of terminating the obligation depending on the goal they expect to achieve. Some approaches in the doctrine regarding the differences between novation and indemnity have been clarified and supplemented, in particular with regard to the moment of termination of the original obligation, the peculiarities of the composition of the terminating fact.

Copyright of Public & Private International Law Bulletin is the property of Public & Private International Law Bulletin 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.)

One of the most pivotal and practical subjects of contract law is whether one may dispose of his or her contractual obligations through the issuance of negotiable documents. This article focuses on the issuance of such instruments as a cheque in the performance of monetary obligations when the issuance is dishonored. In fact, the question is whether the issuance and delivery of such instruments convert a civil law obligation into an obligation arising from the issuance of negotiable instruments or whether it is possible to rely upon the original obligation with all its guarantees and consequences. The statutes are silent on the matter. Scholars and jurisprudence are divided. This article comparatively examines various legal systems and international instruments like UNIDROIT Principles of International Commercial Contracts and the Principles of European Contract Law, and by relying on the general principles enshrined in Article 3 of the Code of Civil Procedure, concludes that the better approach is the one that subscribes to the survival of the original obligations. It is hoped that this comparative study can set a model for our future legislative initiatives.

Protected areas are tourist destinations where, contrary to popular imaginaries, communities live. In and around those territories, actors implement solutions that meet the needs of their community (Soubirou & Jacob, 2019); they demonstrate social innovation. In doing so, they contribute to new compromises and new forms of regulation or governance (Klein et al., 2014). Sometimes, out of attachment to the territory, they choose alternative paths (Crosetti & Joye, 2021) such as NOvation (Godin & Vinck, 2017). The objective of this study is to analyze how mountain touristic territories articulated around protected areas generate innovation in order to face the challenges they encounter. In the form of a multiple case study, three territories are studied: Mont-Orford (Canada), Banff (Canada) and Aspen (United States). Contemporary issues are discussed in the continuity of their historical roots (see Crosetti & Joye, 2021). The results highlight the specificity of mountain tourism territories where protected areas are found, and the resulting double valuation they are subjected to (by tourism and conservation), that sometimes constrain but also foster (social) in-NOvation (in-NOvation [sociale] in French), a term introduced to name a broadened conception of innovation. It manifests itself in unsuspected spheres: the past, nature, within government institutions, through governance and dynamics of the territories. Touristic and protected mountain territories are not “on the fringes” of innovation, rather, their characteristics (rugged relief, relative eccentricity, exceptional character) make them the breeding ground for a distinction between (social) in-NOvation and the leitmotif of innovation “at any cost” (Everett Rogers, 1963 in Godin & Vinck, 2017). Considering recurring or acute issues, this study contributes to the scientific study of innovation, which is imbued with the prevailing pro-innovation bias (Boutroy et al., 2015; Godin & Vinck, 2017).

This article focuses on the analysis of the dynamics of obligations, a concept defined by the existence of the means of transfer of rights, represented by the assignment of debt, personal subrogation, by the transfer of the obligation, i.e. the assumption of the debt, the change of the position that a party has in the obligation relationship, through the assignment of the contract, but also of the means of transformation of obligations, novation and delegation, the latter no longer being considered by the current regulation. The essence of this article consists in the comparison of these means, by reference to the normative framework, doctrine and jurisprudence.

Copyright of Romanian Review of Private Law / Revista Română de Drept Privat is the property of Universul Juridic Publishing House 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 Pro Futuro is the property of University of Debrecen 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 de Derecho Privado (00347922) is the property of Editorial Reus 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 article presents the main ways in which innovation can have a positive impact on economic growth, welfare of the population, economic structure, social image of society and various sectors of the economy, innovation opportunities, their application and development prospects. The need for innovative activities in the Republic of Uzbekistan and the main directions of state policy in the field of development and support of innovative projects in the country are considered separately. The authors of the article summarized and studied various theories and statements of academic economists about innovation, analyzed the degree of study of this problem by domestic and foreign researchers, presented their arguments and points of view in the field of innovation. The article separately examines the scientific study of patterns, trends and opportunities for the development of innovation in the economy of modern Uzbekistan, in particular, the positive impact of innovation on various sectors of the economy, development and prospects of Uzbekistan, subject to the introduction of innovations in the country. [ABSTRACT FROM AUTHOR]

We study three generic clearing arrangements in the presence of two‐sided limited commitment: simple bilateral clearing, segregated collateral clearing through a third party, and—most sophisticated—central counterparty (CCP) clearing. Clearing secures the settlement of obligations from over‐the‐counter forward contracts that smooth the income of risk‐averse traders. Clearing requires collateral to guarantee settlement; this is costly, as it reduces income from investment. More sophisticated clearing arrangements require more collateral. As a result, the welfare gains of CCP clearing may be mostly due to segregation, while mutualization of losses could contribute little to welfare. [ABSTRACT FROM AUTHOR]

The ethnicity of the Nagaibaks originated in 1736 after the establishment of the Nagaibak fortress, in which inorodtsy of different backgrounds from adjacent areas were gathered and given the status of Cossacks (on condition of their baptism). Later, after their resettlement to the New Line in 1842–43, the Nagaibaks formed a peculiar community: their membership in a military estate and their inclusion of peoples of different traditions and creeds helped them to become “a border people” in spatial and sociocultural dimensions. In turn, this “liminality” allowed the Nagaibaks to unite opposing features within their ethnicity—hospitality and rivalry, openness to innovation (in terms of active participation in ethnic projects) and closeness in traditions (in terms of preserving rituals of kinship). At various points in their history, the Nagaibaks turned to either openness or closeness, or a combination of both. In the Soviet period, an emphasis on closeness allowed them to preserve their culture (“introvert mode”). In the post-Soviet period, on the contrary, the Nagaibaks mobilized their ethnicity through openness (“extrovert mode”). This dynamic ethnicity made possible a transition from the spatial mobility of the past to the activization of ethnicity in the present. Through their development at the crossroads of different types of cultures (nomad and sedentary, Christian and Muslim, European and Asia) the Nagaibak culture became open-minded and adaptable, while the nomad and Cossack sociocultural heritage led to mobility and flexibility in their actions.

Copyright of Pandectele Române 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.)

The criticality of innovation activity in relation to the sphere of high-tech national production in the current situation is argued. The existence of a systemic innovation crisis in modern Russia is stated with motivation. A number of causes of its occurrence, existence and aggravation - both internal and external are singled out. The sphere of formation and implementation of innovative operations in relation to the current conditions of the Russian economy with a predominant focus on high-tech industrial production is conceptually structured. Produced the delimitation of spheres direct the implementation of innovative operations of producers of novations (novators) and their customers (innovators), as well as the service sphere, highlighting donors returnable borrowing - primarily of banks, insurance companies, consulting agencies and maintain the appearance of the infosphere. The structural and functional analogies with the typical sphere of marketing operations are given. The typology of innovative operations on the basis of country-based deployment of novators and innovators is introduced. Shows the dominance of the objective of innovation through the channel of import and domestic innovation channel. The basic typology of regulatory operations of public administration in relation to innovation and investment is introduced. The sphere of organization of tenders for the execution of orders for the production of innovative products, integrated with the sphere of legislative and other regulatory regulation, is emphasized. The analysis of the existing basic regulations of normative legal regulation in this sphere and the derivatives generated problems taking into account the realities of the materialization of behavioral models of the typed operators of the innovation sphere is presented. A number of fundamental conceptual innovations in the field of this regulation, including those focused on the use of the activity potential of the subjects of innovation activity, are proposed.

Innovation is a major engine, a major source of competitiveness and competitive advantage, a fact substantiated in detail in the literature, which has not only a positive impact on the performance of companies, but is also essential for their survival. The lack of sufficiently complete observations and data on the innovation of companies is an obstacle to its influencing factors and, accordingly, to the formation of a sufficiently good policy at the enterprise level. The purpose of creating an innovative profile of the enterprises, subject of research is to identify the main factors that determine the innovation of companies as an engine of their economic development. The main goal is not only to classify the factors that affect the innovation of the company, but also to determine the strength of their impact. The main factors that characterize the specifics of the company's activity are the size of the enterprise, the way of creating technologically new or improved products; the sources of information for creating innovation; institutional interactions in implementation of innovation. Another task is to distinguish the factors that have a unambiguously positive impact. As factors that unambiguously determine the innovation of companies are identified: company strategies, which are a prerequisite for innovative behavior through the formation of adequate policies, including the cost of research and development. In particular, the factors for the innovative process of the surveyed organizations can be measured by the innovation of organizational and management practices, R&D costs, export intensity, the number of produced technologically new or improved products, both for the enterprise and the market, technologically new processes. in the last three years, patent intensity. The report presents an innovative profile of surveyed enterprises in the food industry by assessing these factors with a relative five-point scale. [ABSTRACT FROM AUTHOR]

Copyright of Hispania: Revista Española de Historia is the property of Consejo Superior de Investigaciones Cientificas 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 Română de Drept al Afacerilor 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 view of the fact that there is no consensus among the authors not only with regard to the precise nature, but also with regard to the unitary or dual character of the effects stemming from novation, we have decided to prepare a study on the novation of the legal obligation report which concerns the changing of the object or its cause. In the legal literature relating to the regulation of novation in the former civil code, novation covered two forms, objective and subjective. In the new civil code, the regulation of novation is based on the same primary categories of novation. Certain changes of this legal figure being expressly regulated in the Civil Code. Subjective novation (Article 1609(2) and (3) of the Civil Code is that which is carried out by changing the creditor or debtor of the initial obligation. The change of the debtor takes place when a third person undertakes to a creditor to pay the debt and it can be operated without the initial debtor’s consent which is released (Article 1609(2) Civil Code). The change of the creditor intervenes by substituting the initial creditor with a new creditor, operation as a result of which the debtor will be released from the creditor of the former obligation, being bound, as effect of novation, to the new creditor (Article 1609(2) Civil Code). Thus, a new legal obligation report is created between the parties. In addition to the theories already consecrated, the study proposes to explore the objective novation of the obligation in the light of the following analysis directions: Novation as a way of settling the obligation versus the unsatisfactory fulfillment of the obligation; The structure and characters of objective novation; The legal nature of objective novation.

Copyright of Hileya: Scientific Bulletin / Gileya is the property of GILEYA Publishing 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 paper presents an analysis of the issue of novation in contract law. Novation is a contract between the creditor and debtor in order to replace its existing obligation with a new one. Unlike the other methods of termination of obligations (e.g. fulfillment, compensation, remission of debt), novation extinguishes existing contractual relationship between the creditor and the debtor, so that among them arise a new contractual relationship, which in relation to the previous one, differs on the case or legal basis. In most of the modern codifications of civil law, novation obtained a particular use in relation to the classical Roman law, which included a change of persons in obligations. In Serbian law, novation also has took the particular use and it takes an important place among many other termination methods of obligations. The analysis made in this paper, focused to the theoretical arguments and practical significance of the novation, brings the author to the conclusions and recommendations relevant to the novation in the theory and practices of contract law.

An important success factor for innovative activity of countries, industries, firms is the availability of qualified personnel. A very small number of educational institutions train highly qualified personnel for innovative business in Russia. At the same time the range of non-governmental institutions offering courses in the fields which are components of innovation, such as marketing, economics, etc. promote poor training. To correct the situation one should create high demand for knowledge. The consumers, i.e. innovative entrepreneurship, including small enterprising are in need of development. An effective solution of this problem may be based on the formation and development of innovation environment and innovation sphere in different areas of social life. The basis for modeling the development process of food service establishments based on the development and implementation of innovative projects under regional conditions are presented. The concepts of innovation environment and innovation sphere are given. The main elements of mechanism for formation of the innovation environment and its functions promoting the efficiency of innovative activities and implementing innovative projects are described. Selection of elements is based on the patterns of the innovation cycle which results in options depending on the kind of innovative activity under regional and field of industry conditions. The described functions of the main elements of the mechanism for innovation environment formation make it possible to determine the variant approaches to the innovative activity management based on knowledge management. It is shown that the overall innovation environment promotes the activation of scientific-innovative activity and, as a consequence, the development of enterprises and organizations on the basis of innovative projects and programs.

Many of modern legal concepts have their roots in the jurisprudence of Ancient Rome. The concept of novation is one of them. That is why it is vitally important to analyze the main provisions concerning novation that were stated in ancient first-hand sources in order to improve modern theory on that matter. The concept of novation is one of the classic issues in the realm of law of obligations. Thus much attention was paid to it, and especially to the treatment of novation in Ancient Rome. The problem of novation was addressed in the writings of such scholars as Yu. Baron, K. von Czyhlarz, H. Dernburg, D. V. Dozhdyev, D. D. Hrimm, J. A. Pokrovs’kyy, B. Windscheid, and others. The main objective of the paper is to provide an overview of the main provisions stated in ancient Roman first-hand sources on the matter of novation and to suggest some practical implications that might be entailed from those provisions. In Ancient Rome novation is deemed to be a substitution of one obligation with another, or, in other words, a transformation of debt into some new obligation. The conclusion is made that both the primary and the new obligation had to be unilateral. Thus the author states that bilateral obligation was not able to be turned into unilateral one through the novation. Also the elements of the novation are defined. They are: (a) the existence and validity of the former obligation; (b) the existence and validity of the new obligation; (c) the difference between the former and the new obligation; (d) clearly an undoubtedly expressed intention of the parties to renew the obligation. Special attention is paid to the problem of novation under some special condition. The legal consequences of invalidity of the former or new obligation are also discussed. Despite the seeming similarity of the definitions of novation in Antient Rome and in modern jurisprudence, the Roman concept of novation was much broader, especially because it encompassed the substitution of parties and the transformation of the obligation due to commencement of action.

In this study, the methods used in the appointment of mudarris, who make up the backbone of the madrasah system in the Ottoman Empire, have been examined. For historical scope of the study, the 18th century when the Ottoman State started to westernize, was chosen. In this century, the system is different in some aspects compared to the system in the foundation and rise periods. In this study, these differences are mentioned, and determinations made with regard to appointment methods are presented. In this context, changes in the inauguration and promotion of mudarrises are discussed. When the documents in this period are examined, it is seen that with regard to the appointment of the mudarrises, the expressions of “tevcih”, or “tevcih buyuruldu” were used to mean appointed. Mudarris appointments can be classified as appointments made with offers, appointment with the recommendations of Shaykh al-Islam, appointments with kadi’asker’s decree and the Sultan’s edicts. Mudarris appointments were made with such reasons as legitimacy, escheated, novation, eternalization and grace.

Transport proves to be one of the most important industries intended to ensure dynamic development of the national economy. Evolution of railway transport in the modern trends context of economic development on national and world basis needs to be supported with innovation theory researches now regarded among the most useful for the railway industry. Innovation management challenges (and in particular methodological and definitions issues) as applied to railway transport come into key importance. Analysis of various enucleation approaches to innovations has shown that innovation object may be considered about and studied in different ways depending on the selected criteria. The studies make emphasis on the innovation classi-fication problem. The present paper proposes innovations classification in the area of railway transport. This classification version is based on the universal categories and links. It specifies and systematizes definitions, links up various sort innovations, inventions and novations and spins off into a separate category innovations corresponding to modern trends in the scientific and technical development. Application of the newly developed classification allowed for tangible explication and development of the multifunctional innovation classificatory, linking up the rates of innovation and investment activities, which is most significantly at the moment when the task of coping with economic ‘turbulence’/stagnation and obtaining the correct path of dynamic economic growth becomes imperative. Such a classificatory clarifies the dependence between innovations and investments in the macroeconomic environment and can be employed to justify stepping up the JSC RZD innovation and investment strategy.

Copyright of Collected Papers of Zagreb Law Faculty / Zbornik Pravnog Fakulteta u Zagrebu is the property of Sveuciliste u Zagrebu, Pravni Fakultet 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.)

La littérature concernant les différentes dimensions soulevées par la notion de l’entrepreneuriat ne cesse de se développer depuis les travaux de Schumpeter (1934), plusieurs conceptualisations émergent à partir de ces développements, elles concernent dans un premier temps le concept de l’entrepreneuriat, considéré par Schumpeter (1934) comme une innovation apportant une sorte de destruction créatrice, ensuite, celui de l’intrapreneuriat définit par Sharma et Chrisman (1999) comme un processus par lequel un individu ou un groupe d’individus, en association avec une organisation existante, génère le renouvellement ou l’innovation au sein de cette dernière. Enfin, le construit de l’orientation entrepreneuriale définie par Oweseni et Adeyeye (2012) comme étant un ensemble de pratiques et de processus décisionnels qui conduisent à une nouvelle entrée. Le terme «orientation entrepreneurial» est un concept qui se situe au niveau de l’entreprise et est étroitement lié au management stratégique et au processus de décision stratégique (Covin et Slevin, 1991). Chacun de ces trois concepts repose sur un certain nombre de variables clés, néanmoins, elles sont toutes traversées par le concept d’innovation faisant ainsi de l’entrepreneur un vecteur de développement économique (Fayolle, 2005). Vu l’intérêt croissant que portent les chercheurs et les praticiens à la notion entrepreneuriale, il parait nécessaire de réaliser un état des lieux des différentes évolutions qu’a connu ce champ, afin de mieux les situées dans les perspectives de recherches et les enjeux actuels de la notion de l’entrepreneuriat, tant au niveau économique que social. L’objectif principal de cet article est de réaliser un état des lieux des développements théoriques et conceptuels concernant les champs de l’entrepreneuriat, de l’intrapreneuriat et de l’orientation entrepreneuriale, et d’en explorer les pistes et les perspectives de recherches.

AbstractOne of the controversial issues among lawyers in termination of obligation andits performance is legal nature of fulfillment of non-object of obligation.Although virtually all jurisprudents agree that this kind of fulfillment needscreditor and debtor's consent, some merely describe it as an ownership contractand some others define it as novation as a kind of object changing. Determiningthe legal nature of paying the object which is different from the issue ofobligation, does not merely have analytical and theoretical impacts, but involvesthe effects of the difference between sale and exchange, difference between saleand unspecified contract, difference between novation etc. Those are practicalimpacts of this discussion. In other words, the main aim of this debate is to dealwith the question whether in an agreement such as novation, the guarantees ofdebt become abolished or for the sake of the contractual nature of it, some of theoptions will be applicable. The aim of this study therefore is to present suchviews along with a brief critical analysis.

Copyright of Annals of the Faculty of Law in Belgrade is the property of University of Belgrade, Faculty of 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 Hileya: Scientific Bulletin / Gileya is the property of GILEYA Publishing 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 author substaintiates the methodological principles and the technique of the research of strategic priorities on the innovative development of Ukraine’s enterprises in agrarian sector of the economy. The author also improves the technique of applying SWOT-analisis of agrarian enterprise innovative development in combination with the method of simulating innovative changes.

The National Pedagogical Institute (NPI), established in 1935, ensured the progress of education in Lithuania. NPI being one of the newest schools of higher education in the period of independent Lithuania committed itself not only to practical activity, i.e. preparing high professional quality teachers for primary schools, but to development of scientific activity, too. The Ministry of Education invited an experienced pedagogue, famous in preparing future teachers and the author of texts designed for teachers’ professional development, Mečislovas (Mečys) Mačernis who would work alongside with other founders of NPI for implementation of its double mission. M. Mačernis was born in the vicinity of the town Seda (Gedrimai village in Alsėdžiai parish) in Lithuania’s region Samogitia. In 1919, M. Mačernis finished Vilnius Lithuanian Gymnasium, and in 1920–1923 he studied mathematics and physics at Berlin University and Königsberg University. Later M. Mačernis was a teacher and director at Tauragė Teacher Training School. In 1930, he obtained the right, which was equivalent to the right of higher school graduates, to work as a teacher at high school. M. Mačernis could teach introductory subjects into philosophy and pedagogy. In 1935, M. Mačernis was invited to work as an inspector at NPI, and in 1937 he became NPI Director. In the period from 1935 to 1940, which was full of changes, M. Mačernis taught general methods (didactics), methods of geography, history and nature studies, methods of calculus and geometry, mathematics. Alongside with teaching a number of subjects to future teachers, M. Mačernis was active in science and development of pedagogical process. It is testified by M. Mačernis texts, i.e. scientific articles in NPI research collection “Pedagogical Chronicle”, the journal “Works of Education”, the books “Didactics” (3 parts, 1939–1940), and “Methods of Calculus and Geometry” (1940). Since 1928 M. Mačernis, following his own idea that the aim of the school is to prepare citizens who will be able to carry out their duties, strived to prepare teachers in specialized high schools in the same way as in Germany. The vision of a new school model was based on the experience of Western world that he familiarized himself with during studies. That is why the course of didactics designed by M. Mačernis generalizes not only the achievements of Lithuanian schools but it also includes modern pedagogy. M. Mačernis promoted the idea of the exemplary school where future teachers could have school placement. In future teachers’ education M. Mačernis always highlighted the necessity to understand the history of the subject because “the process of finding the truth is the most important element in understanding the truth”. M. Mačernis invited the graduates to be creative, do not follow blindly textbooks but evaluate them critically. In teaching methods of mathematics M. Mačernis paid a lot of attention to overviewing the methods of teaching this subject. After psychological analysis of lesson components, he also created a new type of lesson, i.e. problem based lesson structure, which was new at that time in Lithuania. M. Mačernis thought that mathematics at school should be oriented towards its practical application insuring school mathematics integrity and relation to high school. Spreading of scientific ideas of modern didactics which were already popular in Western world but not in Lithuania could be considered as the biggest V. Mačernis’s input into education in Lithuania of the first half of the 20th century.

The article explores some general grounds for termination of obligation. It is specially noted, that legal relationships of termination of alternative obligations are not regulated by special rules of civil legislation of Ukraine. But there are some issues associated with such limited regulation, for example: when does the alternative obligation terminate by performance, which are the special features of termination of alternative obligation by remitting the debt, impossibility to execute an obligation etc. It is reported, that researches of performance of alternative obligation has been conducted by E. L. Alekhina, K. I. Bernstein, A. M. Blashchuk, V. M. Ignatenko, A. V. Kostruba, O. A. Melnychenko, M. Panchenko, V. Holevynskyi, V. S. Petrov, S. B. Sarbash, S. Yu. Filippova, O. Yu. Shylokhvost and others. The object of the paper is to analyze legislation of Ukraine and civil theory concerning termination of obligations and their peculiarities concerning alternative obligations. Much attention is given to a moment of termination of alternative obligation by performance. It is examined, that there are two established views on this issue. First view is that the alternative obligation terminates when the choice is made. The author espouses second view, according to which alternative obligation terminates by complete performance of one of its subjects. It is underlined that the aim of alternative obligation is to satisfy the creditor’s behalf and the choice is one of the stages of it. 2 Then the provisions for termination of alternative obligation by transfer of the indemnity are described. It is told that the parties’ consent must include subject which are different from performances of primary alternative obligation. Further the ways of termination of alternative obligation by novation are reported. The conditions of termination of alternative obligation by offsetting are investigated. It is stressed that it depends on making a choice by empowered party. Next the author studies provision for termination of alternative obligation by remitting the debt. Then the termination of alternative obligation through impossibility to execute it special rules are defined. At the last part of the article the author arrives at several conclusions. It is underlined, that the moment of alternative obligations’ termination by proper execution is the moment when complete performance of one of its subjects is made. Then it is noted that the choice as the specific condition of alternative obligation has influence on the termination of it by indemnity, novation, offsetting of counter-claims and remitting the debt. It is also concluded that the impossibility to execute one of the subject of performance in connection with a circumstance, for which none of the parties is responsible does not release the debtor from responsibility to perform one of the other subjects.