Obligatory Relations Research Articles

ON THE ISSUE OF THE CIVIL CONTENT OF THE “OUTSOURCING” CATEGORY IN THE RUSSIAN CIVIL LAW SYSTEM

This publication is dedicated to the research of the role and definition of the legal content of outsourcing in the system of Russian civil law. Using such scientific methods of research as analysis, description, classification, intellectual modeling, extrapolation, methods of logical cognition and the formal legal method, the authors reveal the economic and organizational content of the category “outsourcing”, distinguish outsourcing from other methods of managing resources and resource potential, identify the legal nature of outsourcing relationships in based on private law regulators, and distinguish outsourcing from outstaffing as well. An economic definition of outsourcing is given as a method of managing and using resources predominantly by small and medium-sized participants in business turnover, associated with the involvement in the process of creating useful value of third-party capital, labor and intellectual resources, technologies, technological solutions and management models, as well as proven business designs with the aim of increasing your own productivity, reducing costs and reducing liability. It is noted that, from the point of view of Russian civil law, outsourcing can be defined as a variant of one of the types of obligations regulated by the Civil Code, as a mixed contract, as an unnamed contract. It is established that the legal nature of outsourcing follows from obligatory relations, which prevents the mixing into such relations of other types of contractual borrowing of resources (primarily outstaffing), where, in addition to the private law component, there is a public law fill. The final part contains a conclusion about the complementary nature of contractual outsourcing relationships for the domestic civil law system.

STATUS UPRAVNIH UGOVORA U PRAVU EU I NACIONALNOM ZAKONODAVSTVU / ADMINISTRATIVE CONTRACTS IN THE LAW OF OBLIGATIONS AND ADMINISTRATIVE PROCEDURE ACT

Directive on the award of concession contracts br. 2014/23/EU, (Official Journal of the EU, L 94/1) ( in further text: Directive 2014/23/EU),Directive on public procurement and repealing Directive 2004/18/EC, br. 2014/24/EU (Official Journal of the EU, L 94/65) (in further text: Directive 2014/24) and Directive on procurement by entities operating in the water, energy, transport and postal services sectors and repealing Directive 2004/17/EC 2014/25/EU Official Journal of the EU, L 94/243) (in further text: Directive 2014/25/EU) arrange relations on the internal EU market by regulating of administrative contracts. Transformation of these Directives in the legal order of Bosnia and Herzegovina can be carried out by appreciating division of obligation and administrative law on general and special part. Namely, administrative contracts cannot be regulated only on the basis of administrative law principles, but law of obligations also. Only in that way can be arranged law of the administrative contracts in the complex legal order in Bosnia and Herzegovina. Such solutions exist in comparative law by containing legal norm that BGB in German or Code civil in Franch law applies accordingly to administrative contracts. Law on obligatory relations basic principles contain legal basis that administrative contracts be regulated in the special part in the Law on obligatory relations. These principles are: participants of obligatory relations; obligatory relations and public resources disposal, obligatory relations and public resources usage, in good faith. Valid principles in the Law on obligatory relations is necessary to supplement with the principles: administrative autonomy of administrative bodies, equal treatment, non-discrimination and transparency. By these additional principles will be developed some principles in the Constitutions of Bosnia and Herzegovina, because regulation tradition in Bosnia and Herzegovina gives such opportunity. Under these principles are assigned norms in EU directives what can be seen in theirs contain, because in this work there is no enough place that for every single principle gives appropriate explanation. Purpose of this work is to initiate new explorations in administrative law. In Bosnia and Herzegovina Law on obligatory relations applies for concluding contracts on concessions and public procurement. They just should become this contract. Because of principles in Law on obligatory relations it is necessary to arrange concluding procedure. By Administrative Procedure Act in institutions of Bosnia and Herzegovina, Federation of Bosnia and Herzegovina and Republika Srpska should be arranged administrative procedure for administrative contract concluding.

Peculiarities of the Commencement of Prescription Period in Obligatory Relations: International Standards and the Armenian Legislation

This article presents issues concerning the commencement of prescription periods relating to obligatory relations. The discussion begins with some general concepts and then focuses on international standards as well as an analysis of relevant Armenian legislation (pertaining to obligations) in that context. The aim of this article is to discuss the nature of prescription periods and determine how best to interpret regulations addressing prescription periods in obligatory relations or, if necessary, how they should be amended.

Right to Compensation for Damages and Prescription Periods:International Standards and Armenian Law

This article presents issues concerning the commencement of prescription periods relating specifically to obligatory relations arising out of causing damage, either pecuniary or nonpecuniary. The discussion begins with some general concepts and then focuses on international standards, as well as an analysis of relevant Armenian legislation in that context. The goal of this article is to discuss the issues concerning regulations specifically dealing with prescription periods in matters of obligatory relations emerging out of the implication of damage, aiming to find solutions that will, on one hand, meet the necessities lying behind the introduction of prescription periods and, on the other hand, assure the effective implementation of the right to trial, as prescription periods are one of the main instruments by which the state is authorized to limit this right.

A SERM based framework to optimize the identification of mandatory relationships

The SERM (Structured Entity Relationship Diagram) data model is an extension of the classic ER (Entity Relationship) model. Its transparent, hierarchical structure allows you to control and analyze the order in which information resources are entered into the database. Assuming attention to referential integrity, it has a significant impact on the verification of relationship complexity. Uncertainty in the identification of obligatory relations, confirmed by numerous corrections, demonstrates the need to develop an approach to support this task. The aim of this article is to present a solution in the form of a framework based on the SERM model. Its main aspects are optimization of the identification of obligatory relations and automatic handling of their protections. The proposed solution supports intelligent design of relational databases beyond conceptual design. It extends the scope to the design of database programming objects, such as procedures that generate triggers to handle obligatory relationships. This is an important aspect for securing database integrity.

Istorijskopravni prikaz Hamurabijevog Zakonika

Hammurabi's code shows the social relations of that time, although most of these relations were regulated by the Law of Contract. The Code covers a variety of legal matters: it regulates very complex property, family, obligatory and criminal-legal relations including the judiciary provisions. The Code expresses the class character of the society, because it primarily protects the interests of the ruling class and punishes the members of the ruling and subordinate classes differently for the same crimes. The Code was carved in a stone pillar and it was found by M. Morgan in 1901. This masterpiece of a human's thought, almost four millennia old, was engraved in the stone of Babylon (Hammurabi) for the temple of Sippar (now the ruins of Abu Dhabi near Baghdad). An undamaged inscription of the Code is kept in the British Museum.

Wybrane instytucje polskiego prawa prywatnego dla ochrony wierzyciela

<p>The subject of this article is the issue of the intensity of the protection of interests of a person who has entered into the orbit of obligatory relations. Institutions used to secure a claim are described, but doubts arise when the securities overlap and multiply when the debtor is declared bankrupt. Not every business venture is successful. Often, for reasons beyond the entrepreneur’s control, he is unable to pay debts owed to his creditors. The creditors, on the other hand, aware of the risk of entering into a contract, seek security to be established. Therefore, it is worth considering how the security should be treated in the event of the debtor’s insolvency. The study indicates that the creditor’s “own securities”, both personal and material, take precedence over the creditors who receive priority as a result of the debtor’s ineffectiveness under the provisions on the <em>actio Pauliana</em>. The author defends the position according to which the precedence referred to in Article 532 of the Civil Code is not the absolute precedence. The problems discussed in the study are of great interest for many representatives of the doctrine and courts. Moreover, with regard to their content, the Polish Ombudsman formulated questions about their compliance with the Constitution of the Republic of Poland. Poland’s adoption of the market economy model makes these problems typical not only for Poland. A number of arguments were put forward to defend the view on the precedence of the security taken by the creditors over the priority granted by the <em>actio Pauliana</em>. To eliminate doubts as to the reciprocal relationship of priorities to pay the claims, an appropriate proposal for the law as it should stand (<em>de lege ferenda</em>) has been put forward.</p>

Legal fact as the grounds of real rights termination to someone else's things

The article is devoted to the study of the grounds for the cessation of real rights to foreign things in order to further develop the theoretical foundations for the settlement of the transition of real rights. The foundations of the emergence of legal relations are analyzed, the elements of which are real rights to foreign things, and the legal facts of their termination are compared. The article describes the will of the subjects of real relations on termination of real rights as a dispositive factor, as well as comparative orders relating to circumstances that are not based on a contractual basis. The contract may be a legal fact that is the basis of the emergence of obligatory and real legal relations. The grounds for the emergence and termination of real relations are largely dependent on the peculiarities of the object, the real relations and the purposes of their use, where depending on the type of real rights to foreign things will be determined by their legal regime. The legal relationship that arises on the basis of the contract is mixed in nature, covering the obligatory and real legal nature of its components. Investigated that the administrative act of the authority of power can not act as a direct basis for the termination of real relations that arose on the basis of the contract without its termination. Therefore, the administrative act recognize the element of the legal composition, which ends with the termination of contractual relations. The refusal to use someone else's property should be considered as a subjective real right of any subject of real rights, which is given this civil law. The author came to the conclusion that in the event of the occurrence of the circumstance provided for a hypothesis of the legal norm, it can be considered as a legal fact, which is associated with the termination of real relations. The legal consequences of the mechanism of law accession are the appointment of certain rights and responsibilities of participants in civil legal relations or legal relations as a whole. In view of this, in the work it is proposed to improve the classification division of the grounds of termination of legal relations with strangers.

Types of legal relationship arising on the blockchain platform

The article is devoted to the justification proposed by the author of the system of legal relations arising between various participants in applications operating on the blockchain platform. There are three types of legal relations on the blockchain platform: firstly, legal relations between the platform participants regarding the protocol; secondly, legal relations between the platform participant — the owner of the token, and all other third parties; thirdly, this is the legal relationship between two or more participants of the platform regarding various virtual objects of civil law. The first type of legal relationship is organizational in nature. Between all users of this platform, a multilateral legal relationship of an organizational type arises based on a multilateral agreement. In accordance with this agreement, participants in the blockchain platform mutually recognize the protocol used on the platform as a regulator of relations between them. The second group of legal relations between the “owner” of the token and all third parties. These relationships are absolute relationships. By absolute digital rights it is permissible to understand only those civil rights that are certified in cyberspace, including through blockchain technology, but only in relation to digital property that can exist only in cyberspace. The third group of legal relations is the result of the conclusion by the platform participants of an appropriate civil contract of any type. These legal relations are relative obligatory legal relations.

AGREEMENT OF THE WILLS FROM THE CONTRACTUAL PARTIES AS ONE OF THE CONDITIONS TO MAKE A DEAL

Every agreement of the wills among two or more persons who make mutual law relation or changes or calls of the existing law relation is named as a contrast in the theory of law. According its characteristics, the law relations may be different - obligatorious, familliarious, hereditorious, administrativ, merchanditorious etc., because of what the contracts as instruments of law regulations of that relationships are published in different law branches, like: familly law, heretige law, administrative law, merchandise law etc. Regarding its theoretical structure and frequent use and meaning in the law practice, the obligatory contracts are separated - those which may make obligatory relationships.The obligatory relationships are law connection among two or more parties from which one of them has the right to ask for, and the other is obligated to give the asked or to do, or not to do, or to bear it. The essence of the obligatory relation is in the right of the creditor to ak from the debtor to fulfille his obligation, which means - basicly - they are in creditor - debtor's relationships. Therefore, the obligatory contracts are double law acts according to which, in the agreement of the wills between two parties, the one part obeys to give something, to do or not to do something, or to bear something in the benefit of the other part, the part which takes that obligation as its right.The agreement of the wills of the contractual parties is one of the four common conditions of the genezes of a contract. It is realized by equality of the different whishes and different aims which the parties like to reach by making an agreement. There are the questions which I am trying to answer in my written text: about law relevant will, the atributes which the will should possesse, the ways of giving the will and, at the end, coordinating the wills of the two parts which goes to make the contact. The coordinating of the wills should be done on a legalized or usual way, frequently or usually by giving an offer from the first part and reaching the offer from the other one. That is the most usual mode of implementation the reunification of the wills between the contractual parts.

ВРЕМЕННЫЕ ФОРМЫ ГЛАГОЛА В ИНГУШСКОМ ЯЗЫКЕ

The article examines the complicated system of the Ingush tense forms. The authors mention the obligatory relation of the verb tense with the moment of speech; identify the bases, from which verb tense forms are constructed. The paper describes in detail the ways to construct tense forms and phonetic changes occurring in verbs during this process: affixes expressing negative tense forms; suffixes added to participle - adverbial participle forms of the Present and Past Tense; regressive assimilation processes and the changes of root vowels of the infinitive.

Razlozi za opoziv ugovora o poklonu prema Nacrtu Zakona o obligacionim odnosima F BiH/RS

The inviolability of a gift contract stems from the principle that the contract binds the contracting parties as a law. However, because of the gratuitous character of this contract, this principle rule is not absolute, in certain cases, when certain conditions are met, it is possible to revoke it. The Draft Act on Obligations of the F BiH / RS has a provisions which regulate 'Donation', as well as the reasons why the termination of this contract may be required. The reasons for the cancellation of the contract in accordance with the Draft Act on Obligations of the F BiH / RS are possible due to the indifference of the one who receives the gift, the impoverishment of the one who gives the gift as well as the unrealization of the assigned order or burden. Since the draft Law on Obligations of the F BiH / RS does not regulate all issues raised in connection with the gift contract, and so with respect to its termination, this work will point to these inconsistencies, which should be supplemented by the acceptance of the solutions envisaged in the laws on the obligatory relations of the former Yugoslav republics, as well as solutions accepted in doctrine and case law.

Liberalismo e bem-estar geral:

Muitos pensam existir uma correlação direta e obrigatória entre ser uma pessoa boa e ser de esquerda. Segundo esse entendimento, se você é uma pessoa justa e solidária, que se preocupa com o próximo – e em especial com as minorias e os mais pobres –, você precisa pertencer à esquerda, que seria o único campo político que se fundamentaria sobre essa preocupação. Este artigo critica essa visão, e demonstra que o liberalismo também visa ao bem dos demais, porém o faz por mecanismos distintos. Os exemplos demonstrarão, ainda, que mesmo algumas das bandeiras ditas da esquerda tornam-se, em verdade, mais bem defensáveis quando fundamentadas sobre princípios do ideário liberal.

The Application of the General Provisions of the Obligatory Relations Act to Maritime Contracts

This paper is an in-depth analysis of a seemingly uncomplicated legal relationship. The relationship between two very significant acts - the Obligatory Relations Act and the Maritime Code, out of which the Obligatory Relations Act certainly falls under the category of general and the Maritime Code of special acts. The complexity stems from the fact that the Maritime Code although, in essence, determined by international agreements, is likewise relevant for establishing whether a provision of the Obligatory Relations Act, although unregulated either by the Maritime Code or binding international agreements, is acceptable for application in maritime contracts. In other words, it is a matter of the application of a provision of the Obligatory Relations Act to maritime contracts “in an appropriate manner”.

Praxis, language, and handedness: A tricky triad

Department of Experimental Psychology, Ghent University, BelgiumOn several occasions in his excellent monograph on apraxia,Georg Goldenberg points at the relation between apraxia,aphasia, and handedness (Goldenberg, 2013b). The co-occurrences of these manifestations are believed to shedlight on their cerebral organization as well as on their mutual(in)dependence.InmycommentIwouldliketoemphasizethedifficulties associated with claims regarding relations be-tween cognitive functions and their neural correlates, inparticular when it comes to their hemispheric co-lateralization. First I will outline the stance taken by Golden-berg, then I will provide some empirical and theoretical in-sights that might hint at an alternative reading of the clinicaldata.In several chapters the question is raised whether there ex-ists an obligatory relation between apraxia and aphasia, as inright handers these symptoms occur most often followingleft hemispheric lesions. Clearly, many studies have reporteda strong association between symptoms of apraxia andaphasia and their co-occurrence even increases in clinicalstudies that use dichotomous categorizations or focus onsevere types of aphasia such as global aphasia (Duffy D Goldenberg, Hartmann, & Schlott, 2003,Goldenberg, Hermsdorfer, Glindemann, Rorden, & Karnath,2007; Wang & Goodglass, 1992). Although it seems fromthese data that most patients suffering from aphasia alsotend to show apraxia, the relation is not mandatory, anddissociations are believed to be more prominent in left-handed patients. Goldenberg devotes a separate chapter toapraxia in left handers. According to his view “the absence ofright handedness leads to a reshuffling of asymmetric brainfunctions resulting in a random distribution of their later-ality” (p. 185). This experiment of nature offers the opportu-nity to investigate what functions ‘go together’ and form anobligatory link, and what functions are independent. Gold-enberg states that if two such functions “are in fact sub-components of one overarching function, they will always belocated in the same hemisphere” (p. 186). Subsequentexploration of clinical data of left-handed patients withapraxia is taken to suggest that most left-handers do notexhibit a more symmetric organization of apraxia, but revealbilateral disturbances following unilateral lesions, just likeright-handers. Goldenberg continues to demonstrate thatleft-handed patients suffer from apraxia as a consequence ofleft or right unilateral brain damage that may or may not beaccompanied by aphasia (Goldenberg, 2013a, 2013b). Heconcludes that neither the relation between apraxia andaphasia nor between apraxia and handedness is obligatoryand that “.the laterality of apraxia can vary independentlyfrom aphasia or handedness.” (p. 190).As Goldenberg elegantly demonstrates, apraxia is not amonolithic construct but consists of several (at least partiallydissociated) symptoms flagging disturbances of an over-arching cognitivefunction calledpraxis. The same can be saidfor aphasia with respect to language. In addition to thecomposed nature of these cognitive concepts, neuroimaginghas unveiled that in normal participants tasks of praxis andlanguage typically activate clusters of regions whose laterali-zation depends on the particular subcomponent and regionunder investigation. Handedness is a multifaceted concepttoo, that varies with the method of assessment and theapplied categorization. Dividing individuals in right and lefthanders might not do justice to the complex influence of thistrait, in particular when relating handedness to asymmetry ofcognitive function. Very few right handers show right hemi-spheric language dominance, but considerably more lefthanders do. As a result, left handed groups are more likely tocontain some individuals with atypical functional asymme-tries, resulting in lower mean asymmetry scores in behavioraland functional imaging studies. Given the complexity of the

Teologia prawa

The beginnings of theology of law should be sought in the Protestant theology during the prevalence of Nazi ideology. On the Catholic ground, the theology of law as it was developed in Protestantism gained the character of theology of the Canon Law or was blurred as part of moral theology in which the reference point for the assessment of law was lex moralis naturalis. Theology of law from the Catholic point of view should abandon deliberations on the moral aspect of the norm and assume as a starting point the categorical, intersubjective and obligatory relation as an object of research. Therefore, theological-legal interests should focus on the human himself who creates the relation of obligation and fills it with meaning. Telling about the one who is the author of the legal relation in the light of Revelation, theology of law points out the foundations of a legal phenomenon. Thus, theology of law refers to the law itself in the light of Revelation, framing its theological foundations. If the theology of law concentrated solely on the aspect of content of the legal relation (the norm) or wished to favour it in comparison with the interpersonal relation itself, it would make law a static reality, expressed by a human as a certain form of explicit way of existence and activity.Theology of law plays a vital role on the epistemological plane learning about a human living sub specie iuris. In this respect, theology of law has a tremendous role to play in the cultural and legal context as a specific hermeneutic category in getting familiar with and understanding a legal relation. Theology of law can give law new horizons of its existence and reveal a new sense to it. The objective of theology of law is not filling law with theological content but showing it the realities discovered in a different way of cognition. Theology of law can become a cognitive suggestion and inspiration for the established law.

Social Change and Sport: A Sociological Evaluation

This study aims to discuss the relation between social change and sports from a sociological point of view. This study is descriptive in its aim, periodic (discussion) in the length of time it covers and theoretical based on literature in its technique. “Social change” is a value judgement-free concept which does not indicate a direction but determines the new situation, the difference occurring in the society compared to the former era or situation. Every society changes in time; however, it could at times be ‘’positive’’ (in the direction of development, progress, etc...) and ‘’negative’’ at other times (in the direction of regress, deconstruction, etc…). As a social institution, sport, while affecting some social institutions (family, education, economics, politics, religion, communication, healthcare, law), is also affected by them. The process of social change has affected, moreover, has determined sports. As a social event, phenomenon, and institution, sports gains its meaning in the society that it takes place; and it both gets affected by the changes in the society and affects these changes there. It could be the ‘’reason’’ and the ‘’result’’ of social changes. Radical changes in the sports and even in the rules of branches of sports are made depending on the changing social needs, preferences and expectations. Although there isn’t an obligatory relation between ‘’social progress’’ and ‘’sports’’ theoretically, it can be said that the process of social progress contributes to sports and vice versa.

Die Gesamtschuld für öffentlich-rechtliche Geldleistungsverpflichtungen. Zu den schuld- und verfahrensrechtlichen Aspekten einer Schuldverbindung auf ein einheitliches Leistungsinteresse

Abstract Joint and Several Liability for Monetary Obligations under Public Law There are a variety of obligatory relations between state and citizens. They share mutual judical questions und issues of regulation that are attributed to the topic of a general law of obligations under public law. The existence of joint and several liability for monetary obligations under public law illustrates a partial aspect in that respect. Various administrative laws presume the existence of joint and several liability for monetary obligations under public law as a legal institution. At first the different legal relationships must be comprehended in terms of the relevant field of law and associated particular legislative powers. Focusing on the relationship between the state in the role of a creditor on the one hand, and the individual debtor on the other hand, the transferability of sec. 421 ff. BGB (German Civil Code) to the field of public law has to be considered. In part this is a matter of punctually complementing ...

The Certainties of History and the Uncertainties of Representation in Post-Holocaust Writing

The Certainties of History and the Uncertainties of Representation in Post-Holocaust Writing

Food and drink serving contract

Food and drink catering service is almost as old as the civilization itself. Even though this vocation is a part of the catering activity, Serbian law does not foresee this contract section as personalized. Key legal sources for this kind of contract are business customs. Food and drink serving contract is a mixed-type contract and its legal nature is very interesting due to its complexity. Specific for this contract is the fact that it is not an ordinary service, but also an activity which requires a degree of culinary skills, knowledge of customs of other nations, as well as other skills. The very category of a good professional in business economy / hospitality industry is very dynamic, as it needs to be evaluated according to all given circumstances, which may be rather unpredictable. By considering the legal nature, but also the rights and obligations of the contracting parties, we tried to point to the questions that require a special attention. Legal sources that indirectly refer to food and drink serving contracts were taken into account. Apart from the Law on Obligatory Relations, we also considered here the Law on Tourism also pointing to the comparative law and jurisprudence.