Continental European Law Research Articles

THE NONLINEAR IMPACT OF RESEARCH AND DEVELOPMENT INVESTMENTS ON FIRM PERFORMANCE: A SIGMOID (S) CURVE APPROACH IN G20 COUNTRIES

The interaction between research and development (R&D) investments and firm performance has been extensively studied in the academic literature. However, these studies have produced different findings by proposing various models to explain the relationship between R&D and firm performance. The inconsistency in findings can be partly attributed to limitations in the use of traditional linear modeling methods that do not fully capture the complex dynamics of this relationship. Using data on 31,205 firms and 434,016 observations in G20 countries over the period 2000-2022, this paper considers the Sigmoid (S) curve model, which aims to reconcile the differences in the literature and provide a more comprehensive view of the R&D performance relationship. The findings reveal a non-linear relationship between R&D intensity and firm performance and the validity of the S-curve model. Specifically, the R&D-performance relationship shows a negative slope at low levels of R&D investment, a positive slope at medium levels, and a negative slope again at high levels. These results suggest that the impact of R&D investments on firm performance varies depending on the level of investment. Moreover, the study reveals that this 3-stage S-curve relationship is consistent for firms with low firm size and low leverage, and that such firms are particularly affected by an increase in R&D investment. Finally, the findings show that this relationship holds both between developed and developing countries and between countries following Anglo-Saxon and Continental European law. However, this relationship is more pronounced in Anglo-Saxon and developing countries than in Continental European and developed countries.

Update of the word in the interdisciplinary discourse of the theory and philosophy of law

The problem of insufficient language training of applicants and therefore graduates for higher legal education in Ukraine is being updated. They are not offered to study methodologically significant sciences for jurisprudence, in particular semantics, legal linguistics, hermeneutics. Hence, there are gaps in program learning outcomes, errors in law-making, legal evaluations, and explanations of legal phenomena and processes. Inattention to the primary meaning of the word is caused by a shortcoming of the current Standard of the Bachelor’s level of higher legal education of Ukraine: the absence of the need to know and understand the peculiarities of law-making in the list of program learning outcomes. Its linguistic excellence determines the quality of implementation and application of law.
 Analysis the author’s own teaching experience and of the results of studies of individual aspects of the problem by scientists T.I. Dudash, S.I. Maksymov, A.S. Tokarska and others. revealed the urgent need to normalize the contradictory situation in the legal terminology of Ukraine, where Ukrainian and foreign language terms of different meanings are chaotically combined. In particular, it is necessary to take into account the significant differences in legal naming and legal understanding between the continental European and Anglo-American legal systems, with an orientation towards the first as close to the legal traditions of Ukraine. The experience of preserving special national traditions of legal naming and legal understanding in the legal linguistics of the leading EU states – Germany and France – is important. For quality training of Ukrainian lawyers, it is necessary to improve their professional language culture. In particular, supplement the Standard with a separate learning outcome: «the need to know and understand the peculiarities of law- making». The integrated discipline «Theory and philosophy of law» with parallel teaching of the course «Ancillary legal disciplines» should be introduced into the curricula of the specialty «Law» in the first year. Teaching philosophy of law in the fourth year separate from legal theory is illogical. Compile an encyclopedic dictionary of the Ukrainian legal language, give it legal force in the training and practice of law-making and law-enforcing bodies. Focus on continental European law, preserving the uniqueness of the Ukrainian language of law from excessive foreign language borrowings.

Impact of the Supreme Court’s Case -Law on the Realisation of Procedural and Substantive Rights in Civil Procedure; Specific Aspects in Latvian Civil Procedure

The author's article is devoted to procedural justice in civil proceedings and factors affecting it. The author conducts research in her home country, i.e., the Republic of Latvia, on the practical consequences of the norms governing civil proceedings in connection with the application of case law, which the author associates with a factor affecting procedural justice. It should be explained here that the Republic of Latvia belongs to the continental European law group, therefore, the term case law means the highest court instances, i.e., Judgments of the Senate of the Supreme Court of the Republic of Latvia, which contain explanations about the correct application of the procedural and/or material norm or the interpretation of this norm. The influence of case law on the realization of substantive and procedural rights of individuals in the Republic of Latvia has three negative factors, against which there are still no protection mechanisms, i.e.: firstly, the case law is changing and the Senate of the Supreme Court can abandon its earlier explanations or interpretations regarding the application of the norm, but the new explanations can be diametrically opposed to the so-called " old". It may refer to substantive or procedural law.

WHO IS CONSUMER? DEFENDING A UNIFORM AND COHERENT LEGAL DEFINITION OF CONSUMER IN LAW NO. 24/96, OF 31 JULY

The Consumer Protection Law, approved by Law No. 24/96 of 31 July (“LdC”), establishes in its article 2, no. 1, that “[c]onsidered a consumer is anyone to whom goods are supplied, services provided or any rights transmitted, intended for non-professional use, by a person who professionally exercises an economic activity to obtain benefits”. The legal definition of consumer is usually structured with reference to four elements: subjective (“anyone”), objective (“[to whom] goods are supplied, services provided or any rights transmitted”), teleological (“intended for non-professional use”) and relational (“by a person who professionally exercises an economic activity to obtain benefits”). Nowadays, this general and supplementary definition of consumer does not have any logical and systematic coherence with the one contained in special consumer laws, which have transposed several European Union (EU) directives into national law, nor with the orientation that has been adopted in decisions of the Court of Justice of the European Union (“CJEU”) and even of our higher courts, not even with the definition of consumer used in the main continental European law and common law systems. Therefore, in the end, we will defend the need to change the text of article 2, no. 1 of the Consumer Protection Law, definitively delimiting the subjective element of the definition to natural persons, but also introducing changes in the other elements that compose the definition of consumer in the LdC, in order to explicitly cover other relationships beyond the consumer contract, to receive the criteria of predominant use and also to remove potential doubts about the requirements imposed by the relational element.

PLEA BARGAIN – AIM, IMPORTANCE AND PROBLEMATIC ASPECTS IN THE REALITY OF THE US, GERMANY AND GEORGIA

The parties come to a plea bargain, based on which the defendant receives a reduced punishment than would be appropriate in a formal trial. Based on its core, it is obvious that the given system largely favors the accused, but after a thorough investigation, we can see that several significant concerns need to be addressed right now. The purpose of the paper that is being provided is to examine the plea bargain, its growth over time, and its status in three distinct states. The writers of the article examine the realities in Germany, Georgia, and the United States of America, which will be a fascinating depiction of the present situation. The study of the facts provided will be highly fascinating and varied in this regard because the United States of America is a country of Anglo-American law, and Germany and Georgia are countries of continental European law. The article will examine not only the legislative history of the de- scribed issue in the given states but also genuine situations, using which the problematic elements of this institution in all three nations will be distinctly highlighted. As a conclusion, the authors' viewpoint on the current models in each of the three states will be stated.

ABOUT SOME AREAS OF DEVELOPMENT OF PROPERTY LAW IN THE CIVIL LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

The article focuses on the development of property law within the civil law framework of the Republic of Kazakhstan. The author notes that the property law of Kazakhstan is rooted in the traditions of continental European law, primarily following the Romano-German legal tradition. The legal system is governed by the Civil Code, which contains norms regarding the system and content of property rights. The author argues for a conceptual revision that should begin with rethinking key concepts such as “property,” “ownership right,” “property law,” “assets,” and “objects of civil rights.” The author advocates for abandoning the term “property rights,” which has become overly restrictive, in favor of a more functional modern civil law. Additionally, the article critiques the division of ownership into ownership, right of use, and right of disposal of property, as stipulated in paragraph 2 of Article 188 of the Civil Code, suggesting that this classification is no longer relevant. The regulation concerning the introduction of the concept of “strategic objects” as outlined in Article 193-1 of the Civil Code is also analyzed. The author emphasizes that the effective development of property law in Kazakhstan requires a comprehensive update of the current Civil Code, focusing on reforming many of its institutions, particularly those sections that relate to the subjects and objects of civil rights, the classification of legal entities, property rights, and other property rights. According to the author, one effective element or mechanism within the regime of public property could be the establishment of legal entities of public law.

The Singapore Mediation Convention and International Business Mediation

Summary The article deals with the International Business Mediation and Singapore Mediation Convention on enforcing cross-border mediated settlement agreements. Mediation, as an alternative dispute resolution method, is widely preferred by parties with disputes in many countries. For this reason, in relation to ADR methods including mediation, both in Anglo-American Law and in Continental European Law, various technical and legal arrangements have been made. Mediation Laws in the EU have become one of the regulations bringing out rules that are in conformity with the new developments reflected also in the Singapore Convention on Mediation. Harmonisation initiatives in the EU and in the global world are not confined to intergovernmental activities. The same is also currently ongoing in the field of unification. Also, the private business sector, less restricted by jurisdictional boundaries, is increasingly driving harmonisation in mediation practice and law. As applicable national mediation law is often the same for cross-border and domestic applications, the Singapore convention introduces a contemporary definition of mediation procedural law and offers positive factors that shape it globally. Relevant national and international aspects are presented throughout the first part of this study, with specific sections on international business mediation and international instruments of private international law.

Formation of the continental system of European law by the example of the Old Athens and the Sparta

The creation and development of modern law is a long historical process spanning several centuries and began with the writing of barbaric Truths (Salichna Pravda, Ripuarska Pravda, Primorsky Salic Franks, etc.). This process was more smooth and evolutionary than the corresponding processes in the field of state formation, where they were often established in a revolutionary way.
 The origin of modern law begins with the reception of Roman law and the law of ancient Greece .. Thus was born city law, international trade law, whose roots are quite deep and strong. But at the same time the legal systems of the Middle Ages were very imperfect, and many of their provisions hampered the development of political democracy and capitalist entrepreneurship in the era of feudalism. These features of medieval legal systems, characterized by the lack of internal unity, prevented progressive changes, both in the state and in law.
 The reform of the old feudal law on a new bourgeois basis was carried out by revolutionary coups - the English Revolution of the 17th century and the French Revolution of the 18th century. These revolutions have largely led to the unjustified destruction of the legal structure created over the centuries, to the breakdown of traditional legal culture, to legal nihilism and voluntarism. Ultimately, they led to significant changes in the field of law, to the formation of a new legal order, which led to the formation and rapid development of capitalism.
 Modern law in the West (primarily Anglo-Saxon and European continental law of France) was formed and developed as a logical continuation of the previously formed systems of medieval (eg, "common law") and even ancient Roman law. The new law could not be something significantly different from the previous law, because in its self-development it absorbed, preserved and used many of its constructive, socially useful elements.
 Modern law of the 20th and 21st centuries is largely based on previous law, the same laws of France (customary law), Roman law; moreover, the pre-revolutionary systems of England and France and Germany did not disappear without a trace. Much of it has been updated in modern law, as medieval law functioned in a society that already knew both private property and market relations and a fairly high level of legal technique.
 The formation of new law meant the formation of bourgeois capitalist law, broke guild corporations and feudal monopolies, creating the necessary space for the growth of production and trade, for personal initiative, for the full use of needs is developing rapidly. (1, 48-51)
 Modern law, in contrast to pre-revolutionary law, which was characterized by disunity and particularism, was born everywhere in the form of integrated national legal systems. It was capitalism, breaking all kinds of castes, regional, customs and other barriers, led to the emergence of not only nation-states but also national legal systems. The legal system acquires a new way of its existence - the system of legislation and the system of law, which was practically present only in its infancy in ancient and medieval societies. The dominant principle in the legal systems of modern times is constitutional (state, public) law, on the basis of which the legal structure of any society was built.
 Legislation had a special system-forming significance in the formation of the new law.

The Impact of Criminal Policy on Juvenile Justice

The present article discusses the impact of criminal policy on juvenile justice. The current state of repressive and liberal criminal policy and its consequences in Georgia in 2004-2021 are analyzed. Explains what repressive and liberal criminal policy means and what positive and negative impact criminal policy can have on juvenile justice. The years 2004-2021 are conventionally divided into two parts: ● 2004-2012 – When a repressive criminal policy was announced in the country, which in itself fully reflected on juvenile justice; ● 2012-2021 – When, in conflict with the law, the policy of liberal criminal justice towards juveniles was unequivocally and clearly pursued. The article discusses the Juvenile Justice Code as one of the most prominent legislative acts of liberal politics. Also, the legislation of different countries (both Continental European Law and Anglo-American Law Countries) is presented and analyzed for the purposes of this article. The article also discusses the ruling of a number of European courts. Finally, the positive and negative consequences of pursuing a repressive / liberal criminal policy on juvenile justice are analyzed, and recommendations and remarks are issued, which will make the juvenile justice process more complete.

О ГРАЖДАНСКО-ПРАВОВОЙ ПРИРОДЕ «ЦИФРОВОГО ИМУЩЕСТВА»

On the basis of the various legal regimes of real, obligation, corporate and intellectual rights historically established in continental European private law, the article substantiates the conventionality of the terms “digital property” (“digital assets”) and “digital rights”, which in reality are not a new type objects of civil (property) turnover, requiring the creation of a special civil law regime, and a technical method of fixing property rights defined by law (mainly obligations and corporate), which is possible only with the help of special computer technologies within known information systems. “Cryptocurrency” should not displace official means of payment, and its use in circulation is subject to significant restrictions, the presence of which prevents the establishment of a legal regime for non-cash payments for it.

The reform of the legal system in the late Qing

ABSTRACT Facing the invasion of foreign powers and the existence of consular jurisdiction, the Qing government started the legal system reform in the New Policy Reform in the 1900s. Headed by Shen Jiaben, the legal reformers followed the practice of European Continental Law and the Japanese legal system. They revised the traditional Chinese laws to achieve a legal system of lighter punishment, less cruelty and more equality. They also drafted new laws that did not exist before, such as criminal law, civil law, commercial law and procedural law. This reform broke the traditional Chinese system of legal codes in which all kinds of laws were included. The traditional Chinese legal system thus was quickly replaced by a modern legal system that composed of constitution, civil law, criminal law, civil procedure law, criminal procedure law, and administrative law. The legal reform in the late Qing, though profound and influential, reflected the characteristics of a transitional system in which the old and new coexisted and the Chinese and Western legal systems were combined.

Fundamental Changes Introduced by the New Swiss Rules of Mediation After the 2019 Revision – New Regulations Compatible with Singapore Convention on Mediation

Mediation, as an alternative dispute resolution method, is widely preferred by parties with disputes in many countries. For this reason, in relation to alternative dispute resolution methods including mediation, both in Anglo-American Law and in Continental European Law, various technical and legal arrangements have been made. In Swiss Law, mediation gained legal ground when the Swiss Federal Code of Civil Procedure Law became effective on the 1st of January, 2011. Accordingly, in Switzerland mediation takes place as per articles 213 to 218 of the Federal Swiss Civil Procedures law. While developments related to Ad Hoc mediation were specified in Swiss law, mediation rules were also foreseen at the various Instituonal arbitration centers. Accordingly, the Swiss Chambers’ Arbitration Institution accepted mediation rules for the first time in addition to the arbitration rules in 2007. In this way, the Swiss Rules of Commercial Mediation, arranged by the Swiss Chambers were provided for those making applications in the year 2007. Furthermore, on the 1st of July 2019, the Swiss Chambers’ Arbitration Institution revised the Swiss Rules of Commercial Mediation, which they accepted in 2007. Hence, the Swiss Rules of Mediation which were revised as of the 1st of July 2019, replaced the Swiss Commercial Mediation Rules of year 2007. In the revision of the Swiss Rules of Mediation on the 1st of July 2019, developments related to the UNCITRAL United Nations Convention on International Settlement Agreements Resulting from Mediation approved on the 25th of June, 2018 have become effective. Following the 2019 revision, the Swiss Rules of Mediation have become one of the regulations bringing out rules that are in conformity with the developments foreseen in the Singapore Convention on Mediation. In our study, the aim was to reveal the fundamental changes brought up with the application of the Swiss Rules of Mediation since the 1st of July 2019.

Competitive Jurisdictions of Local Administration Authorities and Notaries for the Certification Purposes in Montenegro

With the adoption of the new Law on Certification of Signatures, Manuscripts and Transcripts the Montenegrin legislator did not take into account the fact of introducing the notary services into the legal system of Montenegro. Unlike most of the comparative legislations, certification of signatures, transcripts and manuscripts have not been transferred to the exclusive competence of notaries, but a competitive competence of notaries, local administration authorities and the courts in carrying out these assignments has been retained. Further retention of competitive jurisdiction in this matter is not justified any more. The analysis of this decision has shown that it leads to an unequal position, depending on the authority before which the certification is performed, whereas the obligations and professional competences of officials and notaries are different. Notarial certifications contribute to greater legal certainty and besides are more available to the citizens and not more expensive. Parallel jurisdiction is not a standard of notarial services in European continental law which has adopted the Latin model of notary as a independent profession having public authorities. This solution does not lead to building a legal certainty, protection of public interest and relieving the work of courts and administrative authorities, which has been the underlying legal political reason for introducing notariat.

History Of Burgerlijk Wetboek In Indonesia

Abstract: Civil Law is a provision that regulates the rights and interests of individuals in society. The history of the development of civil Law in Indonesia cannot be separated from the history of legal science development in other European countries. Law in Indonesia is a mixture of European legal systems, religious Law, and customary law. Most of the systems adopted, both civil and criminal, are based on continental European Law. This study uses a research methodology that reviews normative juridical studies conducted by synthesizing deductive conclusions from statements in data sources such as library materials including journals, books, documents, and literature or secondary Law such as laws, legal theory, court decisions, relevant expert opinion and related to the discussion in this journal. This research is an analytical prescriptive that synthesizes data, analyzes, and concludes qualitatively. Civil Law in Indonesia comes from the Dutch language, namely Burgerlijk Recht, derived from the Burgerlijk Wetboek (B.W), which in Indonesia is known as the Civil Code (KUH Perdata). Civil Law in Indonesia is somewhat different from the civil Law that applies in the Netherlands. Burgelijk Wetboek's systematics consists of Van Personen, Van Zaken, Van Verbintenissen, Van Bewijaeu Veryaring.

Obtaining Evidence in Patent Litigation and Trade Secret Protection – A Tale of Two Poles

Abstract In this article, the authors compare how the courts in two different jurisdictions handle trade secrets in patent litigation. Even though the two countries observed, Finland and Germany, are both continental European civil law systems with similar legal traditions, the approach to trade secret protection in litigation is quite different in many aspects. While Finland already has comparatively sophisticated legislation and jurisprudence when it comes to the protection of trade secrets, the German approach is rather different, and could be compared to a patchwork carpet. In this article, the authors review the international and European legal framework before delving into the details of the two national legal systems. Finally, they give guidelines on how to harmonize trade secret protection in litigation in order to strike a fair balance between the different interests at stake.

THE ISSUE OF THE ULTRA VIRES PRINCIPLE IN TURKISH COMPANY LAW: HAS IT BEEN ABOLISHED OR JUST HIDDEN?

The Turkish Code of Commerce (TCC) numbered 6102 contains numerous radical regulations as reforms in the Turkish company law. One of these provi­sions is the TCC A.125 which regulates the capacity of commercial companies to have rights and obligations. This article deals with the ultra vires principle which was transferred to the Continental European law system, including the Turkish legislation from the UK law system. The ultra vires principle had previously ex­pired in the continental European legal system (in particular the Swiss Code of Obligations) which has inspired the TCC as a referring codification. As a result of these developments by the TCC A.125, in contrast to the ultra vires principle, commercial companies are allowed to be entitled and liable for all kinds of mat­ters, except those which are human-specific. For this reason, companies’ legal per­sonalities may have the capacity to have rights and obligations in matters other than their fields of operation. In other words, thanks to the TCC A.135, the ultra vires principle has been abandoned. It can be assumed that harmonization be­tween the TCC and the EU directives has been achieved in the sense of abolishing the ultra vires principle. However, when several provisions randomly scattered in the TCC are taken into consideration, it is obviously seen that the legislator still accepts the field of operation issue as a criterion in about 20 articles. This leads to a question about the actual abolishment of the ultra vires principle. To put it brief­ly, the legislator’s choice in the new company law regime shows that the TCC has not abandoned the ultra vires principle completely, but it still retains its validity in a hidden way by only changing its form and scope.

The Development of Laws and Jurisprudence in Islam: Religious and Imperial Legacies

SUMMARY: 1. Scholar challenges and epistemological pitfalls - 2. Traditional Muslim hermeneutics and the development of schools of Jurisprudence - 3. Jurist’s authority and ruler’s governance from a comparative perspective - 4. Muslim legal tradition of plural jurisdictions - 5. The open scholar question of reciprocal legal influences with other juridical systems - 6. Conclusive remarks. ABSTRACT: This article analyzes several open scholar debates regarding the Muslim legal system, from the conventional narrative of its formation and the triumph of the Traditionalist movement to the disputed question of reciprocal legal influences with other religious and secular juridical systems. This research tries to avoid two epistemological risks: first, the dangers of a simplistic binary debate like traditionalists v. revisionists, religious v. secular, or even Sunnis v. Shiite reducing the analysis to an ideologically polarized and ineffective dispute; and second, the improper use of juridical neologisms applied to the Islamic legal system, mainly from codified European continental law and English common law as a result of the Orientalist, colonialist, and secularist mentalities that, instead clarification create confusion. From a hermeneutical point of view, two characteristics to keep in mind: 1) the notion of divine law and its legal implications; and 2) the relationship between law and theology that is not correlative to the connection between secular legislation and ideology. From a comparative point of view, three challenging questions to address: 1) the distinction between Usul al-fiqh and Usul al-qanun often blurred in practice showing the complexities of the relationship among religious, legal, and political structures under Muslim ruling; 2) the intertwined relationship among Sharia, fiqh, and siyasa with pre-Islamic administrative, legal, and judicial traditions; 3) Jurisdictional pluralism in the Islamic legal practice concerning non-Muslim minorities.

A critical look at the policy of law in the context of the reform of the civil code of Ukraine (some methodological remarks)

The questions regarding the current status of Civil Law and its development prospects are being determined by the legal systemsconvergence processes. Under these conditions, the convergence of the legal methodological approaches accepted among the relevantlegal communities is an essential issue.The author notes the modern civil law lost the historical grounds that had been a base for European Continental law, as a consequence,the focus is shifting exclusively to the legal policy factor of civil law development. At the same time, the author remarks thatthe current experience of a convergence being developed in the nuclei of legal orders united by the Western law tradition common forthe Continental and Anglo-American law should be taken into account for the civil law reformation in Ukraine. According to the author,the difficulties of legal reforms in Ukraine are predetermined by the commitment to find in the bowels of Continental law the civilizationalgrounds for building national legal systems, whose relevance is being disputed in the context of the civil law systemic crisis inEurope. The author also remarks that the Ukrainian legal community does not have a clear vision of private law policy.

The relationship between the Islamic legal system Sharia and European continental law

The study examines the essential differences between European legal systems and the Islamic legal system, the Sharia. It points out the differences between secular and religious legal systems, the differences of evaluating and judging crimes and punishments, the judicial system of Islamic law and the sanctions it offers.

KEDUDUKAN PERJANJIAN WALI AMANAT TERHADAP LEGAL STANDING PEMEGANG EFEK BERSIFAT UTANG (CONTOH KASUS PUTUSAN NOMOR: 121/PDT.SUS-PKPU/2018/PN JKT.PST)

A legal concept of trust, or also known as ‘wali amanat’ in Indonesian legal terms, is not a really well-known concept amongst the legal practitioner and jurist in the Indonesian court. The concept has been a topic of hot debate between lawyers and judges on whether the concept is applicable in the realm of the Indonesian European-Continental law system. The problem arises from a case of debt restructuring, in the commercial court decision No: 121/Pdt.sus-PKPU/2018/PN.Jkt.Pst. The decision carries that a bond-holder could file an application for debt restructuring (PKPU) when they see a case of default on the bond issuer. The bond-holders are supposed to be bound to the trust indenture, and the indenture already stipulated in its term on who has the legal power and authority to do so. The stipulation turns out to be the complete opposite of what’s reflected in the court decision, making the epicenter of the problem revolves on whether the underling bond-holders has the capability to file a debt restructuring application. This essay aims to analyze the decision and determines who has the authority and legal standing to file a debt restructuring application in the case when a trust indenture exists.