Aspects Of Civil Law Research Articles

A civil law aspect of the dual-use goods regime

The paper analyzes the civil law regime of dual-use goods in the aspect of dual-use goods turnover. The author reveals the role of civil law rules as elements of the legal regime in the legal regulation of vertical and horizontal legal relations, as well as analyzes the process of transformation of civil law rules in the course of law enforcement. The author dwells on the main legal characteristics allowing to differentiate dual-use goods, namely: technical features, scope of application, availability of export control. In the paper, the author offers his own definition of the legal regime of dual-use goods. In addition, we identify such a feature of the regime of dual-use goods as dependance of the degree of turnover of dual-use goods upon external factors.The author concludes that the functional purpose of civil law rules in the legal regime has changed.In conclusion, a number of recommendations are proposed to improve efficiency of the legal regulation of foreign economic activity in the sphere of turnover of dual-use goods.

BAGGAGE AT AIR TRANSPORTATION AS A SUBJECT OF CRIME: COMPLEX CHARACTERISTICS

As the title implies the article describes legal regime for baggage .In the process of emergence as a European state, Ukraine needs effective aviation interstate and national communications. Efficiency of air transportation is an integral part of the formation of a stable economy and the development of international relations. Efficient international air transportation of passengers is able to provide labor migration and investment development. Purpose : to carry out a comprehensive description of baggage during air transportation as a subject of crime, taking into account air-law, civil law, criminal law, forensic and logistic aspects. The legal regime of baggage during air transportation and its characteristics as a subject of crime were studied. Research methods: used methods of analysis, comparison and synthesis. The results: obtained the conclusion that the baggage for air transportation as a crime has a special legal regime. A special legal regime for baggage requires research in the aspect of many branches of knowledge. The main aspects that contribute to the occurrence of violations in this area is that the baggage is out of the passenger’s observation, and airport employees, on the contrary, have full access to it and even the possibility for manual inspection. Forensic aspects of the study require an integrated approach. For the practical investigation of these crimes, it is necessary to create special investigative groups involving various state institutions. Discussion: the necessity of developing complex civil, air-legal and forensic recommendations for the qualification and investigation of crimes, the subject of which is baggage during air transportation, is substantiated. Depending on the specific situation, liens can be classified as: theft if the cost of the stolen has reached the limits of criminal responsibility, willful destruction or damage to property if it caused damage in large quantities, careless destruction or damage to someone else’s property, when such destruction or damage to baggage has caused grave bodily harm or death of people, official negligence if the passenger has suffered material damage and has a sign and officer.

Использование товарного знака в деятельности юридического лица через внесение вклада в уставный капитал: гражданско-правовой аспект

Использование товарного знака в деятельности юридического лица через внесение вклада в уставный капитал: гражданско-правовой аспект

Krivično delo prevare u uporednom zakonodavstvu

The article is devoted to the research in the sphere of responsibility for the crime of fraud and comparative analysis of analogous provisions of several countries. The author analyzes theoretical views and norms which regulate that offence in the criminal law of Great Britain, USA, France, Germany, Spain and Netherlands. The conducted study indicates that considerable attention is paid to the committing of criminal offense, which is why the Anglo-American law is directed to analyzing several legal concepts that characterize fraud. Except the current legislation, it has been analyzed the term of fraud from the criminal and civil law aspect, as well as archival material containing for the first time the concept of "false representation". The other analyzed legislations place more emphasis on the circumstances under which the crime was committed, taking into account the social position, age and health status of the victim, as well as the characteristics of the property that is subject of the criminal offense. While Great Britain has devoted a general concept of fraud to a particular statute, the countries of the Euro-Continental legal system regulate fraud in the criminal code, which, except to the basic concept, also regulate special form of fraud as separate crimes.

Različiti koncepti objektivne odgovornosti - nacrt okvirnih pravila i načela evropskog odštetnog prava kao uzor srpskom pravu?

Within the European Union, numerous development projects have been created with the aim of harmonizing the civil law. These projects, created as a result of the work of lawyers and research centres across Member States of the European Union, are part of the so-called "soft law" and may serve as role models for national legislators, including here the Serbian lawmaker, for regulating certain issues. Development projects touch upon practically all aspects of contemporary civil law, to a greater or lesser extent, and the emphasis in this paper is to analyse the strict liability for damage as an important form of liability for damage in the modern world, full of increased risks to people and their environment. The development projects taken as examples of how this form of liability can be regulated in different manners are the Draft Common Frame of Reference and the Principles of European Tort Law. The aim of this paper is to determine whether Serbian legislation on strict liability can be improved through the introduction of rules from these acts.

Fostering Social Justice Through Managing Civil Law Clinic in Indonesia: A Comprehensive Framework and Practice

The development of Clinical Legal Education (CLE) in Indonesia will significantly contribute for graduating more competent and more professional students as it equally combines knowledge, skills and value that reflects what lawyer do (practical skill), what lawyer should do (value), and how lawyer should do (knowledge) in legal cases. As a part of CLE, the existence of civil law clinic plays important role for enhancing the competency of law students. Nationally, some aspects of civil law significantly contribute to the fulfillment of basic human need in Indonesia. Specifically, contract law, family law, employment law, and consumer protection. Internationally, as an undeniable impact from globalization in Indonesia, this process requires harmonization of law that has adopted new concepts, practices, and legal institutions in Indonesia. Maintaining its existence, law schools in Indonesia should manage civil law clinics by designing planning stage, learning stage, and reflection stage. Planning stage consists: developing the objective; formulating Curriculum, preparing clinic member; organizing clinic in day-to-day basis; and establishing clinic Assessment and grading criteria. Next, in learning stage, it should combine the process of transfer of knowledge, skills, and values. Lastly, it should contain journaling, feedback and debriefing as a reflection stage. As a result, the existence of civil law clinic will foster social justice as an ultimate vision of clinical legal education in Indonesia.

Essential Elements of the Franchise Contract and the Advantages of Implementation in the Albanian Market

Abstract The franchise contract was a type of contract used frequently in trading during the Middle Ages. However, for almost a century, this contract is being used by business law entities, which want to enter the business and have a bigger profit. Regardless of the technical-legislative elements or special features of the parties’ juridical-civil relationship, franchising contract is a form of business. It is considered to be one of the easiest contracts in civilian use by different persons, not only about the innovations provided from the commercial aspect, but also as a reflection of modernity and the progress in trading.The franchise contract is a concept envisioned by Albanian legislation, but practically it has been implemented rarely and not in line with current domestic market requirements. In these conditions, its application has provided disputes between the signatory subjects. For this reason, the essence of this work will be not only the legal-civilian understanding of the franchise contract, but also the way this contract is implemented in Albania. The study will be based on the use of the analytical method of advantages that the franchise contract application aims to produce by referring to its legal-civilian analysis. We also aim to use the comparative method of implementation of this contract in Western countries. This study will present the advantages that the franchise contract produces b from the civil law aspect, in view of its practical implementation by the contracting parties. This study aims to move forward in a more in-depth analysis of the franchise contract in the Albanian reality and the shortcomings that this contract presents, in relation to the most developed countries. Also, franchising does not operates only through a simple, typical contract, but transforms and is transformed in a variety of ways, which should be analyzed so that to point out and reveal the product of franchising and the benefits it brings to the contracting parties.

Способы защиты слабой стороны договора присоединения от несправедливых договорных условий: гражданско-правовой и антимонопольный аспекты

Способы защиты слабой стороны договора присоединения от несправедливых договорных условий: гражданско-правовой и антимонопольный аспекты

Działalność gospodarcza w polskich przepisach legislacyjnych

DEFINITION OF ECONOMIC ACTIVITY IN POLAND IN THE ADMINISTRATIVE AND CIVIL LAW ASPECTS - INTERPRETATIONS AND COLLISIONS OF THE STATUATORY DEFINITIONSThe doctrine distinguishes between two kinds of economic law, economic law, typicallyadministrative law and private economic law regulating civil-law relations. Both divisionsof law are interlinked because they regulate the functioning of economic entities in the wholecountry. Private law in this respect regulates property relations of entities of law-entrepreneurs who are entitled to autonomy in legal trade and are entities on the basis of equality. Public law regulates the relationship of subordinate sovereignty, administrative subordination, exercised by the state. The law of business is undoubtedly part of the public economic law, regulates the existence of an entrepreneur, and relations between entrepreneurs are the domain of private law. A company operating on the market must fulfill a number of statutory requirements and act in accordance with the law. It has a number of obligations for the State but also for other entities operating in the economy. As mentioned, an enterprise or an entrepreneur is obliged to fulfill the obligations imposed on them. Polish legislation is not uniform, as to the definition of entrepreneur and business, every department of law, and even some of the laws within the same law department, use a different definition of economic activity. Therefore, it is very important for an entrepreneur operating in Poland to check whether his activity is an economic activity in connection with the regulations contained in a specific law that may be in force. This is a very problematic issue, although the definitions in the various laws are similar, but they are not identical, which complicates the business, through heterogeneous and complex legislation that puts businesses in uneven light between many state institutions that impose obligations. To entrepreneurs. The work attempts to systematize the definition of an entrepreneur in Polish legal regulations, highlight the differences in individual laws and the consequences of that.

Informacja jako przedmiot zobowiązania umownego

Information as a matter of contractual obligation, thus far has not been subject to complex considerations of civil law science. In this respect, judicature either, does not provide plausible material for analysis. The basic aims of the author`s publication were focused on an attempt to systematize knowledge concerning information within civil law aspect together with highlighting still multiplying classification and interpretative difficulties which stem from certain legal solutions (possibly lack of them), having influence on the main subject of this article. The publication deals with acknowledging information as a matter of a service. Besides, there were presented regulating concepts of the above mentioned services in the new Civil Law Code and Draft Common Frame of Reference. The article was dedicated to considering the possibility of acknowledging information, among others, as a matter of a specific-task contract, license contract, know-how contract.

Сравнительная характеристика англо-американской и романо-германской правовых семей

Сравнительная характеристика англо-американской и романо-германской правовых семей

Drónok a horizonton, gyerekjáték vagy új veszélyes üzem?

The reason why We have chosen this topic for my research is that new technologies have appeared in our environment, particularly the unnamed aerial vehicle. In Hungary, similarly to some other countries, there is a gap in the legislation concerning the use of UAV. The UAV technology raises many questions because these vehicles can be used for several reasons. It is necessary to analyse in depth the legal environment of UAV and to change our perspective because it is not enough to consider the legal context; technical and other aspects have to be taken into consideration as well. Most academic sources concerning the usage of UAV focus on the military use of UAV. In my research I focus on the topic from the aspects of civil law; the reason for this is that I consider the legal restrictions concerning the ordinary vehicles used for everyday purposes not for governmental ones. The main goal of our paper is to study how the usage of UAV can be legally controlled. This question is important because the number of these vehicles are gradually growing which leads to several legal issues, for instance privacy or tort. In our research We have analyzed the international laws and regulation plans, the international laws, draft legislation. The „abnormally dangerous activities” that appear in the title of the paper is only a call for attention to evaluate the liability in the civil law. The other aim of our paper is to make a proposal to set up a work group who is going to work out the regulations in detail. Legislators and researchers could participate in the work group, among whom are technical and legal professionals as well.

Sprawiedliwość prawnomaterialna a proceduralna – kilka uwag na temat napięć między różnymi postaciami sprawiedliwości w prawie cywilnym

The article analyzes the concept of justice in both procedural and substantive aspects of civil law, with regards to John Rawls’ notion of “procedural justice”. The basic problem of the article is the question if each outcome of a fair procedure is just by the token of the fairness of the procedure. The author argues that such a standpoint, claiming that the procedure itself creates a just decision, will be incompatible with Article 45 paragraph 1 of the Polish Constitution. This paragraph grants the right to just adjudicature, which takes into account the whole substantive law. There are areas in law where conflicts between the procedural and the substantive justice are possible. Such an area is the adversary trial proceedings and evidentiary proceedings. The Court of Justice of the European Union emphasizes that there are such groups of legal entities (eg. consumers), for which it is necessary to regard ex officio all of facts pointing to the unjust treatment of consumer. The similar point of view was expressed by the Supreme Court of Poland. The Supreme Court of Poland allowed an evaluation of a claim which includes principles of justice, even if the defendant doesn’t take any position. This belief agrees with the standpoint of E. Waśkowski, who emphasized that the sentence should be “rightful”.

BATAS BATAS TANGGUNG JAWAB HUKUM PEJABAT PEMBUAT KOMITMEN TERHADAP KERUGIAN NEGARA DALAM PENGADAAN BARANG / JASA OLEH PEMERINTAH PRINSIP ASAS MASLAHAT

<p>Procurement involves huge State money. PPK is a party who has authority in carrying out the procurement of goods. Should there be any irregularities that cause material losses to the State’s finances to be the responsibility of PPK. Article 11 of Perpres No. 4 of 2015 concerning Procurement of Goods / Services The Government in selecting PPK must meet the requirements of either integrity, managerial or competence. This research is a normative research with literature study. The result of this study is that although the limits of the PPK’s legal liability to State Losses in Procurement of Government Goods / Services are not explicitly regulated in Presidential Decree No.4 of 2015 on Procurement of Government Goods / Services, but from several articles, especially in Article 11 , Article 12, Article 13 and Article 122 regulating PPK in the event of a State Loss in Procurement of Government Goods / Services. In the event that PPK committed unlawful conduct in its exercise of authority, the CO shall assume responsibility in accordance with the legal liability of PPK for the State Loss from the legal aspects of State administration, civil law and criminal law.</p>

Doação: aspectos gerais e doação entre ascendente e descendente

O presente trabalho tem por objetivo analisar a relevância do tema doação e em especial alguns assuntos polêmicos concernentes à temática. Para tanto, inicia-se veiculando alguns fatos trazidos pela mídia bem como alguns julgados exemplificativos que elucidam seu estudo. Uma vez que o tema se relaciona com diversos campos do Direito Civil, percebe-se a preocupação do legislador ao tratá-lo, tentando evitar a ocorrência de eventuais lesões a direito. Desta feita, na primeira parte deste artigo, serão abordados alguns aspectos gerais com relação à doação, tais como as espécies, classificação, sua natureza jurídica, restrições à liberdade de testar, elucidando-se com casos em concreto. Após, analisar-se-á o tema doação como forma de adiantamento da legítima e a questão da nulidade da doação que exceder a parte disponível prevista no art. 549 do Código Civil. Finalmente, será tratada a questão da necessidade de colação ou não dos bens recebidos para se falar da redução das disposições recebidas no caso de doações inoficiosas.

ASPEK HUKUM PENGADAAN BARANG DAN JASA PEMERINTAH, SUATU TINJAUAN YURIDIS PERATURAN PENGADAAN BARANG DAN JASA PEMERINTAH

Procurement of goods and services for the benefit of the government is one tool to drive the wheels of the economy, in order to improve the national economy to the welfare of Indonesian life, for the procurement of goods and services, especially in the public sector is closely linked to the use of the state budget. Through normative juridical research, this study found the legal aspects of government procurement of goods and services, especially in terms of a review of the juridical rules of government procurement. Arrangements regarding the procedures for the procurement of government goods and services in Presidential Decree No. 54 Year 2010 jouncto Presidential Decree No. 70 The year 2012 is expected to increase conducive investment climate, efficiency of public spending, and accelerating the implementation of APBN/APBD. Government procurement of goods and services currently on aspects of administrative law, civil law and criminal law. In the procurement of goods and services should apply the general principles, good principles that have long been known in state financial management, such as the principle annual, the principle of universality, the principle of unity, and the principle of specialty as well as the principles of the new as reflecting best practices (application of the rules good) in the management of state finances.

СУЧАСНИЙ СТАН РОЗВИТКУ ТА ПРОБЛЕМАТИКА ІНСТИТУТУ РЕСТИТУЦІЇ У ЦИВІЛЬНОМУ ПРАВІ УКРАЇНИ

This article is a scientific study that is directly related to determining the place of restitution, the range of its problems and forecasts for its further development in modern civil law of Ukraine. The article forms and provides us with a definition of the concept itself, which is considered, both in its general meaning and directly in the civil law aspect of it. In addition, the main features are characterized, the priority function of restitution is determined. Then, types of restitution, in particular bilateral and unilateral, are described. Their place in modern science and law, compared with what was before, also analyzed. The laws where restitution is directly mentioned is analyzed, the corresponding cases are specified. The article distinguishes in detail the concepts of restitution and vindication, describes the features of the last, in particular common and different for both of these concepts. Restitution is also considered as a category of international law in the context of relations between Ukraine and the European Union, formed an author's point of view on this issue, proposed ideas for solving problems and using European experience related to the development of restitution. The results of the research indicate the importance of restitution in civil law, summarize the range of its problems and suggest options for their solution and also describe the hopes for further development of the concept under consideration.

A study of the breach of trust in double dealing of real estate and movable property as seen from the civil and criminal law aspect

A study of the breach of trust in double dealing of real estate and movable property as seen from the civil and criminal law aspect

La aplicación del Derecho Civil en el Derecho del Trabajo

This study aims to determine the relationship between civil law and Chilean labor law, in its positive regulation. It searchs for detecting the extent of the constant referral from second to first and its relation to the alleged autonomy has stated that, in order to ascertain whether this is due to the real necessity or, conversely, to an exaggerated attempt to socialize a reality that is eminently legal. The starting point of the investigation it is the idea that the referral from labor Law to institutions or aspects of civil law does not reduce autonomy, and this does not prevent the Application of civil contractual rules constitutes a real contribution the achievement of worker protection.

Legal regime of the Unified State Register Of Legal Entities And Individual Entrepreneurs (civil law aspect)

The article analyzes the legal regime of the Unified state register of legal entities and individuals-entrepreneurs. Author specifies that the present registry is incorrectly defined in the Law of Ukraine “On state registration of legal entities and individuals- entrepreneurs” as an object of state property. With its attributes, mentioned register is a kind of open public information in the form of a public electronic database, and therefore it should be considered as non-property object of public property, to which open public databases civil protection mode may extend, as it is the most consistent with its non-proprietary nature. The copyright protection mode shall not apply to such data bases.