Civil Code Research Articles

Moldovan Trusts: the recent inclusion of trust into the Moldovan Civil Code

The author’s view The Moldovan regulation on trusts (fiducia) in the Civil Code of the Republic of Moldova following its modernization was largely inspired by Book X of the Draft Common Frame of Reference of the European Union. Consequently, by transposing English principles and modern trends in trust law, Moldovan legislation establishes a true civil law trust. Tesi La normativa moldava sul trust (fiducia) contenuta nel Codice civile della Repubblica di Moldova, dopo la sua modernizzazione, è stata ampiamente ispirata dal Libro X del Progetto di Quadro comune di riferimento dell’Unione europea. Di conseguenza, recependo i principi inglesi e le moderne tendenze del diritto dei trust, la legislazione moldava istituisce un vero e proprio trust di diritto civile.

Adoption based on socio-affectiveness not subject to age limits

From a critical socio-legal and comparative law position, based on the Argentine experience, it is proposed to show how adoption based on socio-affectivity is not subject to age limits, but what prevails is respect for the right to family life, coexistence or everyday life and affection. In this study, following the guidelines of the uniqueness with which cases must be addressed, some examples from Argentine jurisprudence are shared in which adoptions involving persons of legal age have been resolved, based on socio-affectiveness. The sanction of the Civil and Commercial Code of Argentina, in 2014, marks an advance in socio-affectiveness in family relationships, as well as in the resolution of cases with tailored sentences, informal judicial activity, interdisciplinary and specialty.

Socio-affectiveness and alternative figures of care for girls, boys and adolescents in Argentine legal praxis

Both the legislation and the doctrinal and jurisprudential creation have begun to recognize the notion of socio-affectivity as a structuring element of family relationships among its members, often granting it primacy over the biological bond or relationships derived from kinship. Although affection has always been a constitutive component of human relations, the classical approach refused and refuses to recognize in it a source of Law and, as such, share the halo of legitimacy that kinship ties have enjoyed since ancient times. This resistance was able to generate many problems in reality, since the lack of legal recognition in some of the figures ruins the advances in the field of human rights. A clear example in Argentine legislation turns out to be the contents of articles 611, 643 and 657 of the Civil and Commercial Code on the prohibition of de facto guardians except the kinship bond between parents and guardians; or the delegation of the exercise of parental responsibility and the granting of custody of a child or adolescent, limiting it only to a relative. Well, while this legal limit occurs, reality prevails and, in some cases, the affective bond overlaps the biological one, owing value to the guiding principle of the best interest of the child to solve the problem raised. From this, the present work will try to demonstrate, through the analysis of the jurisprudence, the solutions reached that combine said guiding principle with the notion of socio-affectivity.

Acts Against the Law in the Field of Investment in Indonesia

The world of investment involves several aspects, both financial and non-financial. It is not uncommon for investments between countries to involve government officials who, in certain cases, commit acts of abuse of power. The act in question in this case will be explored in the theory of Economic Analysis of Law and also as regulated in Article 1365 of the Civil Code. The research metode involves literature research conducted through a literature review. This study finds that the implementation of Legal Quality Audit in the field of investment is an appropriate strategy because it can be carried out at the pre-investment stage, investment execution stage, and investment accountability stage. With Legal Quality Audit, the potential for unlawful acts in investment can be detected, from the pre-investment phase to the conclusion of the investment agreement. There are also two important aspects of which are Concept (philosophical foundation) and Parameter (quantitative aspect). It leads to the Legal Quality Audit System, which measures multidisciplinary quality parameters. Also, The Legal Quality Audit can be applied at various stages of investment to detect potential unlawful acts, ensuring reliability, customer satisfaction, and adherence to legal obligations.

Critical analysis of open adoption

At times, the adoption of children over the age of twelve in Spain hasn´t succeeded because they didn´t give their consent upon learning that they would no longer have a relationship with someone from their biological family. Since 2015, the Spanish Civil Code allows, whenever it´s in the interest of the person to be adopted, for an adoption to be established by setting up a visitation and communication regime in favor of members of the biological family. In this study, employing the methodology inherent to the Science of Law, a novel analysis of this form of adoption is conducted, outlining its pros and cons, with emphasis on the legal prioritization of beneficial emotional relationships, ensuring acknowledgment of origins. Furthermore, it enables the deinstitutionalization of those who can no longer return to their biological family and are under the guardianship of the Public Administration.

Legal Certainty for Banks in the Use of Power of Sale Related to Repossessed Assets

Banks, as financial institutions, have an essential role in the economy, including in terms of providing credit. In the process of granting credit, collateral is one of the main elements that guarantee the debtor's ability to fulfil his obligations. One form of collateral that is often accepted is land rights, which are bound through mortgage rights based on Law Number 4 of 1996 concerning Mortgage Rights. This research aims to analyze the legal certainty related to the use of the power of sale by banks in relation to AYDA (repossessed collateral), as well as examine the legal aspects that need to be considered in its implementation. The research method used is a normative juridical approach, focusing on the analysis of relevant laws and regulations and related legal principles. The result of this research is that the position of a power of attorney to sell has a vital role in resolving bad debts, primarily related to the sale of collateral objects used as collateral in credit agreements. This power of attorney must meet the legal requirements of the contract stipulated in Article 1320 of the Civil Code and can take the form of a deed under the hand or an authentic deed. Legal certainty is critical in resolving bad debts through AYDA. The power of attorney to sell benefits the Bank by facilitating the execution of collateral, but it must also be balanced with strict supervision to avoid abuse of authority. This legal certainty also protects the rights of debtors, ensuring a transparent and fair process in the sale of assets. This increases public confidence in the banking system and provides protection for both parties. This research is expected to give a clearer understanding of the legality and legal implications of the use of a power of attorney to sell in the settlement of bad debts through AYDA.

The Legal Framework for Child Protection from Corporal Punishment in the Czech Republic

The Legal Framework for Child Protection from Corporal Punishment in the Czech Republic This article addresses the persistent issue of corporal punishment of children in the Czech Republic. Despite statistics indicating that 58% of parents have used corporal punishment, the country has yet to implement an explicit ban on such practices in family settings. This reluctance persists despite two decades of international pressure from organizations like the United Nations and the European Committee of Social Rights. The article examines the historical and legislative background, highlighting key international recommendations and local legal responses including a detailed analysis of existing legal provisions that indirectly protect children, such as the Czech Charter of Fundamental Rights and Freedoms and various criminal and administrative laws. The article discusses the legislation proposed in 2023, which aims to explicitly ban corporal punishment through amendments to the Civil Code. The proposed amendments outline parental responsibilities, stating that parents must care for their children without corporal punishment, mental suffering, or degrading measures. The article critically evaluates these proposals, emphasizing the need for simpler legal language. The article also employs quantitative methods to analyse how individual municipalities enforce child protection laws, revealing significant regional disparities in prosecution rates. The findings suggest that child protection varies based on local authorities’ actions, with some municipalities demonstrating proactive approaches and others showing minimal enforcement efforts. The findings suggest that enforcement of child protection laws varies significantly by region, affecting children’s protection from corporal punishment. Additionally, the societal acceptance of corporal punishment remains deeply ingrained. The study concludes that stronger legal frameworks and public awareness efforts are essential to promote non-violent child-rearing practices in the Czech Republic. While legal reforms are crucial, they must be accompanied by educational campaigns to shift public attitudes.

OPTIMIZATION OF RECEIVABLES OF AN ENTERPRISE AS A TOOL FOR STRENGTHENING FINANCIAL EFFICIENCY

The article examines the significance of accounts receivable in enterprise financial management, focusing on their impact on liquidity, cash flow stability, and economic resilience. As a vital part of working capital, receivables represent anticipated cash inflows from clients and require efficient management to mitigate financial risks. In the Ukrainian context, marked by inflation and limited access to affordable credit, optimizing receivables is essential for maintaining solvency and reducing the financial burden of delayed payments. The study explores regulatory frameworks for receivables management in Ukraine, emphasizing national accounting standards and International Financial Reporting Standards (IFRS). These standards ensure transparency in financial reporting, particularly for enterprises operating in global markets. Legal mechanisms, including provisions within the Civil and Commercial Codes, regulate debt obligations and provide creditors with tools to enforce repayment. Accounts receivable significantly influence financial performance. Excessive receivables limit liquidity and reduce profitability by immobilizing resources. Effective management strategies involve categorizing debts, monitoring overdue accounts, and employing business intelligence tools to predict risks and maintain accurate financial reports. The article proposes measures to optimize receivables, including refining credit policies, implementing ERP systems, and encouraging timely payments through discounts or penalties. Adaptation to contemporary challenges, such as those caused by the COVID-19 pandemic and the ongoing war in Ukraine, is vital. Flexible payment terms, debt restructuring, and digital tools like automated invoicing systems are recommended to strengthen financial stability. The article also emphasizes a comprehensive approach that integrates legal, financial, and technological tools to minimize risks and ensure long-term stability. The proposed strategies are especially relevant for Ukrainian enterprises navigating economic volatility while striving for sustainable growth.

“The Uniform Civil Code in India: An Analysis of State Initiatives and Judicial Interpretations”

The Uniform Civil Code (UCC) Debate in India epitomizes the paradoxical relationship between the pursuit of legal uniformity and the imperative to respect cultural diversity, Enshrined in Article 44 of the Indian Constitution, the vision of a unified legal framework aims to harmonize personal laws, yet its implementation has been hindered by resistance stemming from religious and regional sensitivities.This study undertakes a comprehensive examination of the UCC's implications, traversing judicial pronouncements, legislative frameworks, and state-specific initiatives, with a particular focus on six states: Uttarakhand, Himachal Pradesh, Assam, Gujarat, Rajasthan, and Delhi. Furthermore, it delves into the contributions of National heroes, including Dr. B.R. Ambedkar, Swami Vivekananda, and Sardar Vallabhbhai Patel, highlighting their advocacy for unity beyond religious boundaries.Through an in-depth analysis of federal dynamics under Schedule VII of the Constitution, judicial insight, and state-led UCC initiatives, this Research underscores the potential of the UCC as a catalyst for gender justice, legal modernization, and social welfare, while navigating the complexities of Balancing Diversity with National Integration.

Nový prístup slovenského občianskeho zákonníka k zabezpečovaciemu prevodu práva

The article provides the information on the legal regulations concerning the security institute – the security transfer of rights that has been amended by the amendment of the Slovak Civil Code No. 568/2007 Coll. entering into force on 01.01.2008. Due to the fact that the act No. 568/2007 Coll. Aimed primarily at the amendment of the Act No. 527/2002 Coll. on voluntarily auctions and on amendment of the Act of the Slovak National Council No. 323/1992 Coll. on notaries and notarial acts (Notarial Procedure Act) as amended, changes of the other acts affected by the amendment including the Civil Code could stay unnoticed. Since the amendment brought substantial changes of the institute of the security transfer of rights, even changes of the attitude towards the compensation function of this institute, it is necessary to pay proper attention to it.

Development of Norms on the Objects of Law in the Codifications of Civil Legislation

A comparative legal analysis of the norms of the three codifications of civil legislation on the issues of objects has been carried out. The influence of various doctrinal concepts on civil codes is revealed. The consequences of mixing the concepts of “things” and “property” are shown. The advantages and disadvantages of digital objects in the system of property rights are highlighted. Defects have been identified in the modern consolidation of the classification of objects by turnover. The classification of objects according to their intended purpose and legal regime is considered. The disadvantages of the legal division of objects into movable and immovable, the “blurring” of the latter category are identified. Attention is paid to the impact of the development of economic activities on the objects of civil rights. The connection of intangible benefits in the system of objects of rights with the tendency of socialization of private law is shown. The differentiation of Results of intellectual activity and rights to them is positively assessed, and the displacement of the classical term “creative activity” by the category of “intellectual activity” is criticized. The classification of civil legal relations according to the role of such an object as information is proposed.Conclusions are drawn about the progressive development of civil law and legislation, the expansion of the range of objects of law in the codifications of civil legislation, and the improvement of norms on their legal regime. Some shortcomings of legal regulation have been identified. Targeted doctrinal studies and preliminary testing of new legal norms on pilot projects are proposed.

Problems of Classification of Non-Residential Premises

The need to classify non-residential premises is due to the need to develop effective legal regulation of property relations, the object of which they are. The Civil Code of the Russian Federation links the specifics of the exercise of rights to non-residential premises with their intended purpose. In this connection, the need to identify possible grounds for classifying types of non-residential premises in order to develop appropriate legal regimes is justified. The bases and types of classifications of non-residential premises existing in the Russian doctrine are analyzed, and the author’s approach to such differentiation is proposed. It was revealed that the types of non-residential premises that combine the features of both residential and non-residential premises and require the development of a special legal regime do not fit into the legal binary classification of premises.

Legal Protection of Image, Reputation of the State

The image and reputation of the state are considered an integral part of the spiritual sovereignty of the state. The image is embodied in a static symbol; on the contrary, image and reputation are associated with the activities of the subject. The image is deliberately modeled, and the reputation is formed as a result of an external assessment of the subject’s behavior, but can be changed, including due to a specially developed concept. Civil legal methods of protection are grouped depending on the type of offender (Russian or foreign citizens, organizations, representatives of state authorities and local government). Among the methods of protection, special attention is paid to self-defense in the form of a response from a public entity, in relation to which defamatory information that does not correspond to reality is widespread. It is proposed to supplement Article 152 of the Civil Code of the Russian Federation with a special clause, which will formulate methods for protecting state and municipal entities.

The concept of “legacy” in the inheritance law of Ukraine

It is indicated that one of the manifestations of the dispositive nature of inheritance law is the legal possibility of establishing a testamentary waiver, enshrined in Article 1237 of the Civil Code of Ukraine, which is the embodiment of the freedom of will. The norms of inheritance law began to develop actively in the times of Ancient Rome. At each stage of development, the content of inheritance law underwent certain formations and transformations that were associated with the development of the state, especially its social and economic sphere. Although at all stages the basis remained property succession. A feature of Roman inheritance law is that it developed in parallel with the institution of property and family, because it had a family character due to the all-encompassing and absolute power of the father. This means that property was preserved within the boundaries of one family, one clan. If we turn to modern inheritance law, we see a significant similarity. Thus, modern inheritance law also ensures and protects the transfer of property from the deceased to his legal successor. These norms are enshrined in the Civil Code of Ukraine, and some provisions are also contained in other regulatory acts – for example, in the Law of Ukraine “On Notaries”. Along with inheritance by law and will, in Roman law there was singular succession, that is, granting a person certain rights without imposing obligations on him. It existed in two forms: legate and fideicomis. Let us consider in more detail the term “legate” in the inheritance law of Ukraine. A legacy is a testamentary refusal, a gratuitous testamentary disposition of the testator, which was made in a will, regarding the provision of certain sums of money or things to the heirs to a specific person, on the basis of which a singular inheritance arose. Whereas, a fideicomis is an informal legacy, an oral or written disposition of the testator’s last will, through which he obliges the testator on his word of honor to give the inheritance or its share to a third person. In ancient Rome, a person had the right to refuse to accept an inheritance, a similar provision exists in modern inheritance law.

Liability of Hospitals for Negligent Health Services as a Tort

Aim: The aim of this research is to examine the legal responsibility of hospitals and health workers in cases of errors or negligence in health services, as stipulated in Indonesian Law Number 36 of 2009 concerning Health. The study focuses on understanding the legal frameworks and practices related to compensation claims by patients, particularly addressing the power imbalance between hospitals and patients in Indonesia, where patients often accept and surrender to healthcare efforts without asserting their rights. Method: This research has empirical juridical research specifications, namely research that in addition to describing certain circumstances, objects, or events, conclusions will be drawn from the object of the problem associated with legal theories and positive legal practices concerning the problem. This research was analyzed using a qualitative descriptive analysis method. Result: The findings indicate that legal liability for errors or negligence in health services is shared between hospitals and individual health workers. Hospitals, as healthcare facility providers, do not absolve health workers from their personal legal responsibilities. According to Article 1365 of the Civil Code, health workers who commit negligence that causes harm to patients are obligated to compensate for the loss. Civil claims for compensation can be filed under two concepts: (a) compensation for default, and (b) compensation for statutory obligations, including tort. However, the Civil Code does not specify the exact amount of compensation, leaving it to the judge's discretion based on Articles 1371 and 1372 of the Civil Code and considerations of justice.

Specific Considerations in the Interpretation of Contracts

The interpretation of contracts represents a core aspect of private law, impacting how contractual obligations are understood and enforced. This paper examines the interpretation of contracts within the framework of Romanian law, as outlined in the Romanian Civil Code. A comparative analysis is provided, contrasting Romanian principles with European Union law and the Anglo-Saxon approach, particularly as seen in the legal systems of the United Kingdom and the United States. This will help elucidate both the similarities and differences in contractual interpretation across these jurisdictions, with a focus on the legal terminology and doctrines that underpin these systems.

PERLINDUNGAN HAK TAGIH KREDITOR DENGAN JAMINNAN HAK ATAS TANAH BERBENTUK NOTARIS

Article 1131 of the Indonesian Civil Code stipulates a general guarantee on the property rights of all debtors. Meanwhile, Article 1132 refers to a specific guarantee directed only at certain properties. For instance, suppose a debtor provides collateral for debt repayment by designating a specific piece of land in a notarial deed. In this case, it is essential to examine the legal status of the creditor who accepts the guarantee, as well as the legal protections available to the creditor if the debtor fails to repay the debt as agreed. This research aims to examine the legal standing of creditors who accept land guarantees in the form of a notarial deed as well as to comprehend the legal protections available to creditors when the debtor fails to repay the debt as agreed and the protective measures or actions creditors can initiate. To achieve this objective, a normative juridical research methodology was adopted with a legislative approach, focusing on the rules regarding property guarantees and the regulation of land mortgage rights as collateral. The obtained results shows that the designation of specific land in a notarial deed as collateral for debt repayment did not provide preferential rights to the creditor. Following the findings of this investigation, it is recommended that the guarantee of land rights be formalized through a deed of encumbrance on land rights executed by the Land Deeds Official (PPAT). However, in the absence of a voluntary resolution, the creditor can only protect claimed rights by filing a breach-of-contract lawsuit.

La responsabilidad por el incumplimiento de las obligaciones en materia civil

This study addresses regulatory issues related to liability derived from civil obligations. Many people, including jurists, confuse the nature of the liability derived from civil obligations and limit themselves to considering that civil liability is only enforceable when there is a prior legal relationship, restricting the right to claim what the law itself has provided. The clarification of such points, both in the doctrinal and legal technical order, allows a practice appropriate to the needs of the protection of rights. The Civil Code in Ecuador is quite outdated compared to other legal regulations of the State itself, due to its lack of updating. Academics, lawyers and jurists in general demand its modernization, not only because of the institutions and terms it uses but because it is no longer consistent with the needs of society. Civil liability derived from contracts, or caused by events that cause harm to another, for crimes and quasi-delicts are topics of special relevance in this investigation and their understanding will allow the reader to clarify essential elements that are of special importance for legal operators. and for people in general.

Aproximaciones y propuestas para un tratamiento humanista de los daños derivados de la inteligencia artificial en el derecho argentino

Civil liability in artificial intelligence (AI) should prioritize human protection and adopt fair solutions, with a key preventive role to mitigate harm. AI is regulated in the Civil and Commercial Code (CCC) as an "object" or "activity" rather than as a subject of rights, applying liability rules for hazardous activities in cases of harm. The burden of proof lies with AI developers and operators, and digital environment damages involve supplier liability under Law 24240. As a reform, it is suggested to adapt legislation to address rapid technological advances, establish public AI registries, ensure compensation through mandatory insurance, and introduce punitive sanctions to prevent biased and discriminatory AI.

El consentimiento informado en la práctica del aborto

The admission of the so-called voluntary interruption of pregnancy (abortion) has raised several questions about its articulation with the rest of the regulations relating to medical treatments. In particular, the harmonization with the civil and commercial code, the law of patients' rights and the law of comprehensive health care during pregnancy and early childhood with those of conventional source. The confluence of these norms contributes to signifying the content and extent of informed consent. This must be specified in a clear, precise, adequate and complete manner. At the same time, it must be accompanied by the appropriate studies for the gestation stage, which can contribute to the decision to carry out the practice