Search

The article by Lukasevych-Krutnyk I.S. is dedicated to defining the peculiarities of the contract for the supply of energy and other resources through an attached network and its place in the system of civil contracts through the prism of the provisions of the Concept of the Renewal of the Civil Code of Ukraine. It is noted that the recodification of Book 5 of the Civil Code of Ukraine envisages a comprehensive review of the norms of individual types of contracts, introduction of new contractual constructions into the system of civil contracts, and exclusion of certain contractual obligations. However, there is no mention of the contract for the supply of energy and other resources through an attached network in the list of contractual obligations that do not correspond to the modern dynamics of contractual relations. Therefore, it is evident that the investigated contractual structure will remain in the updated version of the Civil Code of Ukraine as one of the types of purchase and sale agreements. The application of general provisions on the contract of sale to the contract for the supply of energy and other resources through an attached network is fundamental for determining the legal nature of this contract and its civil regulation. The classification of the contract for the supply of energy and other resources through an attached network as contracts for the transfer of property, namely the contract of sale, is due to the fact that under this contract, goods are transferred from one party to another. However, the contract for the supply of energy and other resources through an attached network has several features that allow it to be identified as an independent type of purchase and sale agreement. Firstly, the subject matter of the contract is electrical or thermal energy, gas, or other resources. Secondly, the method of contract performance - continuous transfer of energy and other resources to the consumer is carried out only through the attached network. Thirdly, the transfer of energy resources entails a range of rights and obligations of the parties to the contract, which are not characteristic of other types of purchase and sale agreements. [ABSTRACT FROM AUTHOR]

The system of civil contracts in the Russian Federation is of great importance for practice and is the subject of many years of detailed study of Russian legal science. The classification of contracts in civil law still causes controversy and debate among scientists, and so far no one has been able to propose a universal classification. The situation with the classification of contracts in the trade turnover of the Russian Federation is also difficult. Even the identification of such a category and this name raises questions and creates various opposing points of view among scientists. Indeed, in any textbook on corporate and trade law of the Russian Federation it is very difficult to find the term agreement in trade turnover, as well as to distinguish the types of such agreements. More and more often we come across concepts such as a commercial agreement or a trade agreement, however, such concepts should not be fully identified, although they have similar features. Perhaps there cannot be a uniform and accurate classification due to the fact that contract law is a very dynamically developing industry, which is constantly changing from a practical point of view, and practice, as we know, acts and does not think about fitting into the usual format, theories and classifications. In this article, a team of authors provides a unique systematization of the types of contracts used in trade turnover on the territory of the Russian Federation, analyzes and characterizes and assesses the relevance of various forms of concluding commercial contracts, and also highlights the prospects for the development of national contract law, which functions and is the most important component of trade turnover.

Copyright of Scientific Annals of the "Stefan cel Mare" Academy of the Ministry of Internal Affairs of the Republic of Moldova / Revista Stiintifica a Academiei Stefan cel Mare is the property of Stefan cel Mare University, Ministry of Internal Affairs of the Republic of Moldova / Ministerul Afe 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 Marriage Act 1836 is usually described as introducing 'civil marriage' in England and Wales. Yet scholars are divided as to whether 'civil' only denotes a marriage in a register office or can also include those in registered places of worship. This reflects the fundamental ambiguity of the 1836 Act. This article will show how that ambiguity had its roots in the claims that marriage was a 'civil contract', advanced by Dissenters as part of their campaign for reform, with such claims being made in support of very different potential reforms. It explains how the 1836 Act sought to accommodate these different demands by saying nothing about the nature of marriages celebrated in register offices or registered places of worship, and how – at least in the first twenty years of the Act's operation – couples had a choice as to how secular, or how sacred, these different forms might be. [ABSTRACT FROM AUTHOR]

This essay examines several photographs taken during the second wave of the COVID-19 pandemic in India in 2021. It argues that the photographs capture an "atmo-terror" (terror from the air). The paper records the evolution of atmo-technics: alongside the dehumanization of the patient/sufferer, acts of resilience were reported and recorded. A "civil contract" of photography may be inferred from them. [ABSTRACT FROM AUTHOR]

Today, in the era of information technologies, the economy, as a sphere of public life, is expanding its borders by moving to the Internet space, where its main structural unit is the platform. The economy of platforms or platform economy is the transformation of economic markets from the real world to the virtual world. But such a transformation cannot take place without consequences, and to understand what they are, we need to understand the concept of "platform economy", its structure as an economic sector, as well as the effect it has on the economic rules themselves. Being something new, at first glance, the platform economy embodies the cooperation of experience accumulated over the centuries with modern technologies to meet the needs of today's society. For a more illustrative example, at this article will be considering the consumer market.

The rapid development of insurance relations in the world in general and in Ukraine in particular indicates, among other things, the need to improve the definition of key features of reinsurance in the Ukrainian legal sources of insurance regulation. An additional incentive for improvement is also the shortcomings of reinsurance as a legal term used in the legislation of Ukraine, as well as the corresponding ways of improving these formulations. Given the current reform of the regulation of the insurance market by, in particular, the preparation of a new version of the Law of Ukraine "On Insurance", as well as the forthcoming recodification of civil and commercial legislation, it is important to focus on avoiding recurrence of these shortcomings. The purpose of the article is a legal analysis of the definition of reinsurance in the current legislation of Ukraine, as well as in the draft new version of the Law of Ukraine "On Insurance" on the way to reform the regulation of insurance services market in Ukraine. The results of the research formulated in the article will allow to draw conclusions about the conformity of the definition of reinsurance terminology in the perspective draft of the new version of the Law of Ukraine "On Insurance" to the practice of reinsurance as a type of legal relationship and contract. [ABSTRACT FROM AUTHOR]

The jurists do not agree on setting a certain criterion that can be used to distinguish the place of the contract from the place of the obligation arising from the contract, especially since some of them looked at the contract to determine its place, making it the place of its effect, and this problematic, while others made it the place of commitment itself ... etc. The subject of the contract and the place of commitment arising from the contract, so this research came to discuss and analyze the legal texts and the extent to which they can be applied to the subject under study in the Iraqi civil law and comparative laws with those provisions established by Islamic jurisprudence around it in order to reach a proposal of legal texts dealing with provisions P under study in the Iraqi civil law.

The content of the contract is considered as a new basic element of the contract in the French civil code، after the which the French legislator introduced as a reform to the civil code of 1804، and particularly to the contract law and of the obligations’ general and evidence rules. According to the ordinance n° 2016-131 dated February 10، 2016. And came into effect on 10 february 2016. And the most important of which may be the addition of the article (1182) to the civil code، which determined such three basic elements to the validity of the contract as the consent، the capacity to contract، and the licit and certain content of the contract. And cancelled the old article (1108) .. And although the English common law has not included the cause as an independent basic element of the contract، but it made up for it by the element of the consideration، and such other doctrines as illegality، frustration. Whereas the Iraqi Civil law No. (40) of 1951 is still abide by the element of cause as an independent basic element of the contract، as wll as the elements of the consent and object. But the alternatives are available to get rid of the element of cause.

As a result of humanity needs and thoughts, medicine as profession have been found, which is considered as one of the most nobel professions. despite of the importance of medicine, some of confusing phenomena have been appeared. one of these phenomena is physician's allowance to other physician to inspect patients and prescribe medications in his own clinic and under his title. this type of situations require specific authorization from original physician to the other one. presence of such circumstances indicating legalization of some regulations and laws will find solutions for any problems that may initiate in the future. one of these regulations suggestions is a contract form contain all the terms and conditions that keep rights and duties for both parties, in addition, this contract should be supervised by Iraqi medical association.

The requalification of the civil contract as an employment contract is the work of unlocking its true legal nature, thus removing the improper (or deliberately misleading) terms used by the parties and revealing the true understanding between them. The requalification can be performed by a fiscal control body, as representative of the third party – namely the state – damaged by the non-payment of contributions and fees, according to the true legal nature of the relationship between the parties. The requalification can be performed by a labour control body, which seeks to eliminate the risk of undeclared work and prevents the employer from abusing the worker. Or it can be carried out by the courts themselves, most often at the request of the worker, who seeks to open the way for the benefits deriving from the protective rules of labour law, inaccessible to the worker who concludes a mere civil contract. The current set of regulations on requalification of the employment contract is far from ideal. Therefore, a number of improvements to ensure coherence in the system would be welcome. The paper aims to identify the relation between the current rules in civil law, labour law, and fiscal law and to include some de lege ferenda proposals in order to make the Romanian legislation more prepared to fight against undeclared work, by still observing the parties right to freely contract.

Copyright of College of Law Journal for Legal & Political Sciences / Magallat Kulliyyat Al-Qanun Li-L-ulum Al-Qanuniyyat Wa-Al-Siyasiyyat is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) 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.)

Problem statement. The participants of the civil circulation are given the opportunity to conclude a contract which constitutes a fundamental framework of civil relations. The interests of the parties are realized through the conclusion and implementation of contracts. The agreement is a universal means of legal regulation of property relations, which provides the achievement of objectives defined by the parties. The purpose of the contract may be economic, social or other, while remaining expressed in legal terms, that is legal. Civil contracts are concluded for the purpose of transferring items of property, execution of work or providing services. Analysis of recent research works and publications. The modern theory of civil contract has been presented in the works by V.Lutsya, I. Zhylinkova, M. Sibilova and other authors. The aim of this work is define the specific features of a civil contract as a regulator of civil relations, the order of its conclusion, modification and termination, the correlation of terms and conditions that constitute its content. The main research material. A contract is an agreement between two or more parties on the establishment, modification or termination of civil rights and obligations. The agreement is a unity of the subjective element - the will and the objective element - declaration of intent. The free declaration of intent (will) of the parties to a contract is one of the manifestations of freedom of agreement as one of the principles of civil law. The parties are free to conclude a contract, to choose a contracting party and determine the contract terms and conditions on the basis of the law and customs of business conduct, the principle of prudence, integrity and fairness. The concurrence of the wills of the parties - the expression of will by one party and counter-declaration by the other - creates an agreement that gives rise to a contractual relationship. That is a contract provides for expression of the will of each party and its concurrence. The agreement is the result, in which the will of the parties finds its general expression that is only in the legal sense of an "act of volition". Conclusions. Civil rights and obligations are always placed in the specific time frame. Therefore it is important to establish the moment when they arise. The agreement enters into force and becomes binding on the parties after its conclusion. If the transfer of property is essential for concluding the contract, it is considered to be in force immediately upon the transfer of property. The parties are granted the right to extend the contract conditions on their relations that had been established before concluding the contract. The agreement, which must be notarized, comes into force immediately upon its notarization.

Objective: to study the legal nature, to reveal the peculiarities of the subject and other essential terms of corporate contracts as a technique and means of legal regulation of corporate relations. Methods: general and specific methods of cognition: dialectical, formal logic (analysis, synthesis, modeling), structural and systemic-functional methods, as well as comparative legal, logical, legal, historical, legal, grammatical methods and systemic interpretation. Results: it is concluded that the object of corporate contracts includes terms about the features of implementation of corporate rights for shares and share in capital assets; conditions (order) of the implementation of corporate rights and approval of other actions related to company management, activity, reorganization and liquidation; the passive duty of corporate organizations to refrain from committing any action (authority), arising from the nature of corporate agreements, as well as the active responsibilities associated with the certain implementation of corporate rights, certified by stocks (shares), rights to stocks (shares). In addition to the subject, the content of corporate contractsincludes other essential (necessary) conditions stipulated by the corporate legislation norms and the agreement of the participants of economic entity. Scientific novelty:for the first time, taking into account modern achievements of civilistic jurisprudence and practice, the authors investigate the relationship between the concepts of a civil contract and corporate contract, give the definition of corporate contract, show the specificity of the subject and other material terms of corporate contracts. Practical significance: the findings can be taken into account in the further research of corporate law issues as sub-branch of civil law, used in law making and enforcement activities, in the educational process as a teaching material in civil law.

Objective: to study the legal category of sanction. Methods: dialectical, systematic, and logical methods of analysis, synthesis. Results: the study of the legal category of "sanction" has shown that a sanction can be applied on a regulatory or contractual basis (if stipulated by a civil agreement), and as the measures of liability and protection. One of the promising directions of its use is the motivating one - sanctions can provide the legal consequences favorable for those who observe the behavior stipulated by the law. The following is offered as the direction of development of domestic legislation on sanctions: verification of compliance of the sanctions amount and terms with the offences gravity; introduction of previously non-existent sanctions (for example, speculation on food and currency markets); the use of discretionary sanctions as a means of positive legal stimulation of the economy. Scientific novelty: the conclusion is made about the nature of the sanctions; it is proved that the sanction is a legal means, the use of which enables the victim to protect their violated (challenged) rights provided for by the legislation and (or) the agreement, and implies adverse consequences of property and (or) organizational nature for the offender. The sanctions application has its own peculiarities. Their use is aimed at curbing the illegal actions of the offender (debtor), to stimulate them to the proper performance of statutory or contractual duties; often sanctions are aimed at compensating for damage caused to the creditor. A peculiar feature of the sanctions is that they are a necessary component of the legal system. Practical value: the results obtained can be used to conduct economic and legal research relating to the economics and entrepreneurship, in treaty practice, in teaching the disciplines of Civil Law, Business Law, Commercial Law, etc.

The employment relationship is a contractual one and as such must have all the basic elements of an enforceable contract to make it legally binding. In strict contractual terms, the offer is made by the employer and formally accepted by the employee. Once the acceptance has taken place, there is a legally binding agreement and an action will lie against the party who breaches that agreement, even though it may only just have come into existence. An employment contract, however, is unlike most other contracts. Although the parties will have negotiated the main terms, we shall see that a large number of terms will be implied into the agreement from all sorts of different sources and will not have been individually negotiated by the parties at all. This is what makes an employment contract so different from other contracts. We think this article is an important step in the disclosure of the problem eraised by these two concepts.

An employment contract is decisively characterized by the relationship of subordination between the parties, which distinguishes it from a civil contract. The reclassification of a civil contract as having the legal nature of an employment contract can be done by the labour law court, by the fiscal control body and, more recently, even by the labour inspector. The paper analyzes the criteria under which such reclassification can intervene, what are its traps and its effects. It is finalized with a series of proposals aimed at simplifying the reclassification operation, as well as providing legal certainty. [ABSTRACT FROM AUTHOR]

In this article, the author considers that the option of the legislator for the monistic system regulating the private law relations, adopted by the new Civil Code, following which the commercial relations have become civil legal relations, is an error. It is further submitted for analysis the proposal to repeal, within the normative acts implementing the Civil Code, the provisions by which the names specific to the commercial law have been replaced by names specific to the civil law. [ABSTRACT FROM AUTHOR]

Since the late 1980s, Miki Kratsman’s photographic work has been produced mainly in what are commonly called the “Occupied Territories.” As a Jewish Israeli citizen and through his work in these regions, Kratsman exposes the nonexternality of the occupation, and the implication of Israeli Jews in it through their actions and interactions with others. Readers of the newspapers where most of Kratsman’s photos have first been published can always indifferently turn the page or whiz by any photograph they encounter. Yet if they choose to pause and observe, Kratsman’s photos share the complexity of the entangled relations between Israelis and Palestinians. In this paper, Azoulay re-visits with Kratsman one single contact sheet of photos from Qabatiya that in the winter of 1988 seemed to be a miss on the part of an alert photojournalist present near a “crucial event”—a lynching that Palestinians had carried out a day earlier of a fellow Palestinian they suspected of collaborating with Israelis. Approached as an archival document, the contact is reconstructed not as a miss, but as a treasure to explore the modus operandi of the Israeli regime of occupation. [ABSTRACT FROM AUTHOR]

Annotation. The relevance of study of such general categories of civil law as terms and periods is due to the controversy of issues on their concepts and legal essence, their classification and role in specific civil law institutes. The article explains the view of the civil law terms as a temporary (temporal) form of the emergence and development of contractual civil legal form of existence and implementation (execution) of subjective rights and duties constituting the content of these relations. Comparing the provisions on terms enshrined in the Civil and Commercial Codes of Ukraine the author concludes that the terms on the time of contractual obligations performance can refer to the essential terms, in case it is required by law for a particular type of contract or by the nature of relations between the parties. Special attention is paid to the study of essence of so-called «reasonable» terms, the application thereof being subject to consider specific circumstances of the activities of the parties to contractual obligations. [ABSTRACT FROM AUTHOR]

The main objective of this work is to demonstrate that the Legal Contract --a legal instrument, essential to our existence-- as an institution of Civil Law, that enjoys all budgets to be considered as a Scientific Act, based on its features, its importance on the society and on the systematic and methodical evolution preceding to numerous studies that lead to determine principles and theories objectively supported. To demonstrate this proposal, is necessary the support of epistemology, philosophy, history, anthropology, sociology and comparative law in order to obtain a modest theoretical construction of its scientific line. [ABSTRACT FROM AUTHOR]

Ariella Azoulay's concept of 'the civil contract of photography' innovatively responds to the long tradition of social contract theory inaugurated by Thomas Hobbes. I argue that a comparative analysis between Hobbes and Azoulay (through a Schmittian lens) exposes both Azoulay's debt to 'the monster of Malmesbury', while simultaneously exposing to view the profound limits this debt imposes on Azoulay's ethical project to wrest the concept of citizenship free from the ideology of the nation state. [ABSTRACT FROM AUTHOR]

In the ambience of the legal framework established by the new Civil Procedure Code, this study proposes an analysis of some aspects referring to the determination of the jurisdiction of courts which settle civil disputes in matters of performance of civil contracts, in relation to the procedural provisions instituted by the new Civil Procedure Code. In order to achieve the proposed approach, the study analyses both the problems of determining the jurisdictions of the courts which settle disputes derived from the performance of civil contracts depending on the value of the object of the civil contract and the problems of determining the jurisdictions of the courts which settle the requests concerning the obligations to do or not to do, non-assessable in cash, having a contractual source. There are also analyzed the modalities for determining the jurisdictions of the courts which settle disputes derived from the tenancy contract, with its varieties, and, respectively, the leasing contract. [ABSTRACT FROM AUTHOR]

This study examines the regulation of the Civil Code, entered into force on 1 October 2011, in respect of non-essential clauses, standard clauses, external clauses or extrinsic and unusual clauses, in the process of conclusion of contracts. Despite the intention of simplification which the Civil Code had in view, the risks and the issues generated by these legal instruments can be imagined, even in this early stage of its application. Within this analysis, there are also reported some problems, as well as some possible solutions in this respects. [ABSTRACT FROM AUTHOR]

This study examines a series of controversies concerning the operation of the penal clause in certain special situations such as: admissibility of penalties running after the cancellation/resolution of contract if, by assumption, the debt had not been yet fully or partly liquidated by the debtor; the issue of the possibility of reducing the amount of ,,clearly excessive" penalties by the court, if these penalties are ,,clearly excessive" [Article 1541 (1) b) of the new Civil Code]; the admissibility of the plurality of various clauses that provide penalties and others. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Case Law Review / Revista Română de Jurisprudenţă 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.)

Starting from a case of the jurisprudence of the Cluj Court of Appeal, this study probes into the different aspects of the contract of lease for lands pertaining to the State's private domain (that is, under the Local Council's management) through which the lessees, in consideration of certain special criteria, procure the right to employ the land for a fixed term of 99 years, in order to build individual housing units. The fundamental issue that needs to be addressed is whether the lesser can one-sidedly increase the rent due to the fact that a third party buyer, to whom the initial lessee sold the building, failed to comply with the special conditions that led to the initial abatement of rent. It is reasonable to assume that such a decision would be illegal taking into account that the lease contract has a civil nature and not an administrative one (as a result the lesser cannot unilaterally alter the contract) and, on the other hand, the fact that this type of contract does not retain its intuitu personae nature throughout its period of enforcement (considering the provisions under art. 41 of Law no. 50/1991 on construction permits), even though that attribute was essential at the moment when the contract was concluded. [ABSTRACT FROM AUTHOR]

The research analyses the grounds for separation of employment relationship and independent contractors in civil relationship as it is established in legal provisions and court practice of the Republic of Lithuania. Firstly, criteria for separation of civil and labour legal relationship are analysed. Secondly, Lithuanian judicial practice is examined. Since employment contracts are closely related to undeclared work, thirdly, practise of recognizing of undeclared work is used as criteria for identification of employment relationship. The criteria of illegal and undeclared work revealed in court practice are discussed. The changing nature of employment, atypical workers and independent contractors create many problems for separation of these relations. [ABSTRACT FROM AUTHOR]

In light of the question of whether justice is the differentia specifica of the state, this paper reviews Smith's views on justice and social contract theory. The paper finds that Smith did not regard justice, what supposedly motivates agents to enter into a social contract with the sovereign, as the core of the polity. He rather explicitly criticized social contract theory à la John Locke. Smith argued that the state is not only based on the protection of rights, but is also founded on the principle of authority, which stems from the admiration of high-rank agents who have desirable traits. [ABSTRACT FROM AUTHOR]