Principles Of Civil Law Research Articles

ОСОБЛИВОСТІ ЦИВІЛЬНО-ПРАВОВОЇ ВІДПОВІДАЛЬНОСТІ ОСОБИ ЗА ШКОДУ, ЗАВДАНУ У РАЗІ ЗДІЙСНЕННЯ НЕЮ ПРАВА НА САМОЗАХИСТ АБО У СТАНІ КРАЙНЬОЇ НЕОБХІДНОСТІ

ОСОБЛИВОСТІ ЦИВІЛЬНО-ПРАВОВОЇ ВІДПОВІДАЛЬНОСТІ ОСОБИ ЗА ШКОДУ, ЗАВДАНУ У РАЗІ ЗДІЙСНЕННЯ НЕЮ ПРАВА НА САМОЗАХИСТ АБО У СТАНІ КРАЙНЬОЇ НЕОБХІДНОСТІ

КРИПТОВАЛЮТА КАК СЛОЖНООЦЕНИМЫЙ АКТИВ В ПРОЦЕДУРАХ БАНКРОТСТВА ОРГАНИЗАЦИЙ

The emergence of cryptocurrencies has become a major challenge for the regulation of civil and public law. Cryptocurrency is a new object of civil law, and its legal regime is just being formed. However, cryptocurrencies have already started appearing in court cases. The Ninth Arbitration Court of Appeal agreed with the financial manager's arguments and decided to include bitcoins in the bankruptcy estate. According to the arguments of the court of second instance, with the correct application of the principles of civil law, cryptocurrency cannot be interpreted differently than “other property”. Refusal to include it in the bankruptcy estate violates the rights of creditors. The decision of the first instance court serves as a vivid example of literalism in the interpretation of the laws prevailing in Russian justice. At the same time, the decision of the Court of Appeal shows that in certain situations related to economic disputes and the protection of creditors' rights, this literalism can be overcome within the judicial branch of government. Moreover, this can be achieved even in the absence in the written law of norms that are directly applicable to the case in question. The interpretation by the Court of Appeal of cryptocurrency as other property (from the point of view of the Civil Code) is consistent with the concept of federal law dated July 31, 2020 N 259-FZ «On digital financial assets, digital currency and on amendments to certain legislative acts of the Russian Federation».

Гражданско-правовой принцип сотрудничества в доктрине континентального права: распространение за пределы договорных правоотношений

Introduction: the article analyzes the possibility of the civil law principle of cooperation being implemented in various types of relations under civil law. Traditionally, the cooperation principle is considered in both Russian and foreign literature as the principle of fulfillment of a contractual obligation or as a group of additional obligations imposed on the parties to the contract and arising from the good faith principle. A more detailed consideration of the idea if cooperation allows us to draw a conclusion about the feasibility of this principle in other types of relations under civil law. Purpose: to justify the possibility of the cooperation principle being implemented in civil law relations other than contractual relations, namely in property legal relations, pre-contractual legal relations, and obligations from causing harm (protective legal relations). Methods: general scientific dialectical method; special scientific methods such as the method of comparative law, the technical method, the legal-dogmatic method, the historical-legal method. Results: analysis of legal regulation of such relative legal relations as contractual, pre-contractual, and protective, as well as property legal relations as a form of absolute legal relations, has shown that the cooperation principle is successfully implemented in these types of legal relations. Therefore, it is possible to consider this principle to pertain to the branch of civil law as a whole. Conclusions: the cooperation principle performs two functions: first, based on this principle, it is possible to achieve the purpose of civil law relations in a more effective way; second, this principle serves as a mechanism to overcome unforeseen circumstances that prevent the purpose of legal relations from being achieved. These functions are carried out in all the types of legal relations considered: in contractual relations – when there arise obstacles to the performance of a contract not specified in the contractual provisions; in pre-contractual relations – when there arise obstacles to achieving the purpose of negotiations (i.e. conclusion of a civil law contract); in protective relations – when there is a risk of an increase in harm or a risk of inability to fully reimburse damage in a timely manner; in property relations – when there occurs an accidental loss of a thing by the rightsholder.

The Heteronomy and independence of the Korean legal system

During the colonial period, Japanese imperial government nacted numerous modern laws for efficient Joseon rule, compelling Joseon people compliance with the law. The people of Joseon suffered a sudden change in their lives due to the rule of law. The modern mind presupposes a responsible human image that affirms human self-pulling ability, namely autonomy, that can attribute responsibility to the consequences of one s actions. The characteristics of modern jurisprudence include the democratic system through value relativism and the separation of power, the three principles of modern civil law, the principles of criminal law, which is the charter of rights for criminal defendant, and the thorough contractual thinking that even marriage sees as a contract. These principles still affect the Korean legal system to this day. The theory of separation of the three powers was advocated for the establishment of a balanced relationship between political powers in real politics, not ideological political institution. Some criticize the separation of powers as limiting the efficient implementation of state power rather than controlling power itself. As soon as a member of the National Assembly is elected, he or she will have the privilege of being independent from the people in their constituencies to carry out his or her political intentions. The member of the National Assembly is the representative of the constituency only during the election period, and once he is elected, he is legally justified even if he thoroughly acts for the interests of his party. Lawmakers in Korea have the dual power to enjoy various political privileges of party politics while retaining the principles of national representation in their favor. Article 37 Clause 2 of the Constitution faithfully embodies the principle of sameness that the ruler and the governed coincide by recognizing the legislative power of the National Assembly, the representative of the people, to guarantee the basic rights of the people. This constitutional clause is a clear rationale for the inevitable reason for the National Assembly to legislate and through this regulation, the National Assembly was given legislative power. Therefore, the legislative power of Article 40 of the Constitution should be considered to be within the limits permitted by Article 37-2. The independence of judicial power refers to the principle that judges exercising judicial power in practical terms judge specific cases independently without being bound by anyone s instructions or orders. However, it is hard to confirm an example of a judge being criminally punished for a wrong ruling. This is due to the false illusion that the independence of the judiciary becomes as sacred as religious beliefs. Because of the wide sentences that are given to the criminal accused, judges can have an arrogant mind to show mercy to criminal defendants. The sentence given to a criminal defendant should be balanced not only with the injured law-interest of the victim but also with the purpose of social defense. Excessive protection of rights interests for criminal defendants may undermine the value of practical justice. The many principles of law contained in Eastern legislation derived from long history can be a good alternative to this problems.

The right of publicity in Chinese Law? A comment on the Michael Jeffrey Jordan case and comparative analysis with the US, UK, Germany, and the Asia Pacific

In Michael Jeffery Jordan v Chinese Trademark Review and Adjudication Board, the Supreme People's Court (SPC) set a precedent for foreign companies and celebrities enforcing their rights of publicity against malicious trademark registration in China. This article introduces the legal grounds of the SPC's deliberations on Jordan's claims and responds to the critiques of most Chinese commentators in the field of civil law. Deeply influenced by German law, mainland China's legal system strictly distinguishes between personality rights and property rights. Comparative analysis with the US, Germany, Japan, and Hong Kong indicates that different legal civilizations have developed different approaches to position the right of publicity logically in their legal systems. The Jordan decision indicates that the ‘right of the name’ is a prior right provided in Article 32 of the Trademark Law of the PRC. This article contends that the ‘right of the name’ as provided in the Chinese Anti-Unfair Competition Law differs from the ‘right of the name’ articulated in Article 110 of the General Principles of Civil Law (2017). The former concerns the commercial interest and property aspects of a celebrity's name, which is fairly similar to the right of publicity, while the latter regards the personality right. The further development of the right of publicity protection relies in mainland China on a consistent judicial practice.

La decisione delle Sezioni Unite in materia di contratti derivati: profili di criticità della sentenza n. 8770/2020

The ruling of the Supreme Court declares a derivative contract null and void due to the lack of informative elements, such as the mark to market, the probabilistic scenarios and the hidden costs. The failure to indicate these elements determines the lack of a clear and defined causal profile of the contract. The Court arrives at this solution, focusing only on the principles of civil law, leaving aside, however, the specific rules contained in the TUF.

The Impact of Brainerd Currie’s Governmental Interest on the Principle of the Closest Connection

In modern private international law, the principle of the closest connection involves not only the identification of the prevailing territorial connection, but also the consideration of substantive factors (protection of a weaker party, preferability to keep the transaction valid, etc.). The paper substantiates the thesis that, being initially based on the territorial localization of the relationship, the analyzed principle in the course of its development was enhanced with the achievements of others doctrinal approaches to the resolution of the conflict-of-law issue, including the concept of “governmental” or “state” interest developed by American legal scholar Brainerd Currie. A genius breakthrough suggested by B. Currie is examined as an attempt to overcome the mechanical approach of conflict-of-law rules, expand the subject matter field of assessment at the stage of resolving the conflict-o-law issue and, ultimately, evaluate the substantive law result of this decision within the framework of understanding law as a tool for the protection of an individual by the state. Nevertheless, substantive law factors, contrary to one of the main tenets of B. Currie’s teaching, do not replace traditional conflict-of-laws rules at all. To the extent that the conflict-of-law regulation mechanism balances predictability and flexibility of decisions, it complements the search for territorial connection with substantive law considerations. The research makes it possible to conclude that the principle of the closest connection in private international law of the Russian Federation, in the context of global trends in the development of approaches to the resolution of conflict-of-law issues, is complex in nature, as indicated by the explanation of the Plenum of the Supreme Court of the Russian Federation that “when determining the closest connection, the court,” first, establishes ”the prevailing territorial connection” and, second, “may take into account the application of the law of which country will best realize the universally recognized principles of civil law and of its institutions.” As a consequence, it is the combination of territorial and substantive law components in the content of the principle of the closest connection that provides an appropriate balance between predictability and flexibility of the modern mechanism of conflict-of-law regulation.

Precontractual Agreements in Selected Legal Systems

Abstract Certain legal instruments have been developed in business transactions in order to facilitate the conclusion of an agreement under negotiation. The instruments of this kind are called precontractual agreements. They play an important role in shaping the legal situation of entities involved in the negotiation process. The basis for concluding precontractual agreements is the main principle of civil law, namely, the principle of freedom of contract. The most often mentioned precontractual agreements include a letter of intent and an agreement to negotiate. A letter of intent is a statement of intent to conclude an agreement in the future, although at a later stage of the letters exchange, they may also include statements of intent to continue negotiations. Legal doctrine has not developed a consistent categorization of letters of intent. Such attempts are limited to separating a number of terms, which intrinsically describe similar legal instruments. furthermore, an agreement to negotiate is a separate type of unnamed agreement, which aims to prepare the procedure of concluding the final contract through negotiation. It is a temporary contract related to a specific agreement which it concerns. An agreement to negotiate is a due diligence agreement. The infringement of provisions of an agreement to negotiate will result in contractual liability. The aim of the article is to answer the question whether, at the current stage of shaping legal relations, it is necessary to regulate precontractual agreements at the level of Eu legislation in order to harmonize them in the European union.

The Principle Of Binding Force Of A Contract And Its Legal Basis - A Comparative Study

The principle of the binding force of a contract is one of the most important principles on which the contract is based, whereby the contractor is required to be fully bound by the contract in terms of the content of the contract, which deals with and contains the terms and conditions of the contract. Most comparative civil legislation has confirmed the existence of this principle and considered that the contract is the Law of the parties, i.e. a special law for contractors. Consequently, no party may abstain from the execution of the obligations set forth in the contract and this is not a breach of the contract that entails civil liability, so we have wanted to put this principle in the light of all aspects of this principle, talk about the content of this principle and the position of the legislation on it, and then address the exceptions contained therein, where the law may give one party the power to terminate the contract without the consent of another party and sometimes the judge Authority to amend contract . It is worth mentioning that we have focused on looking for new bases and new ideas for this principle, as there is who believe that the basis of binding force stems from the existence of utility and contractual justice, and there are those who argue that it is trust and legitimate expectations of the creditor that the contract was granted a mandatory element. Through this study, we have found results that the principle of binding force for a contract is a well-established principle of Iraqi and Egyptian civil law, and the recent amendments to the French Civil Code have also confirmed it, which has been established in the Iraqi judiciary as well as in the comparator countries. Whatever the legislator's role in determining the effects of legal acts, and whatever the impact of social currents on the will to reduce and narrow their capacity, this does not mean eliminating the will to act legally, because in doing so the very doctrine of legal action is eliminated.

Arbitrating Covid‐19 Contract Disputes Under Civil and Common Law Principles

The contractual disputes now emerging from the Covid‐19 pandemic will require arbitral tribunals to apply civil or common law principles to resolve the parties' competing claims.

Loyalty in Civil-Law Relationships as Found in the Polish Law

This paper discusses manifestations of loyalty as found in selected civil-law regulations, as well as the possible consequences of disloyalty, either during negotiations or for the duration of the obligation relationship, and as exemplified by Actio pauliana. Furthermore, it explores situations where ‘contractual’ loyalty stands in conflict with behaviour loyal towards other participants in the economy. It has been established that the categories of norms wherein broadly understood loyalty plays a special role are a part of the civil-law principles. It has been demonstrated that due to the unique nature of each situation, the introduction of the duty of loyalty as a general directive would be undesirable.

«Дрібні побутові правочини» як основний вид правочинів, які вчиняють малолітні особи

У статті здійснено аналіз категорії «дрібний по-бутовий правочин», проблем зарахування правочи-нів, які реально вчиняються малолітніми особами, до зазначеної категорії; встановлено відповідності віку особи вчинених малолітньою особою правочинів «дрібним побутовим».Встановлено, що визначені в законодавстві харак-терні риси дрібного побутового правочину («побутові потреби», «відповідність розвитку особи», «невисока вартість») є доволі оціночними і в кожному окремому випадку можуть тлумачитися по-іншому. Не можна говорити про єдині вимоги (рівень) «побітових потреб» чи «відповідності розвитку особи» для дитини чоти-рьох, восьми, дванадцяти років, так само як і категорія «невисока вартість» не є універсальною і має співвід-носитись із доходом конкретної родини, а тому в кож-ному окремому випадку допустимий максимальний розмір грошового еквіваленту правочину має встанов-люватись окремо.Дрібні побутові правочини малолітня особа здійс-нює за рахунок коштів, що надані їй на ці цілі закон-ними представниками, і досить часто вони вчиняють-ся за присутності такого представника, що фактично свідчить про надання ним згоди на укладення відповід-ного правочину. Якщо ж мова йде про вчинення пра-вочину малолітньою особою самостійно (наприклад, купування обіду в школі, канцелярських товарів, або ж необхідних продуктів до дому), то кошти надаються законними представниками в необхідному обсязі та на конкретні цілі, де здебільшого дорослий буде бачити результат укладеного правочину.Перелік «побутових потреб» також напряму зале-жить від розвитку суспільства, а отже, з часом розши-рюється. Нині до побутових потреб можна зарахувати оплату послуг інтернет-провайдерів, мобільних опера-торів, купівлю та оплату товарів і послуг за допомогою інтернет-магазинів тощо. Перелічені правочини вчи-няють малолітні як сторона такого правочину. Також є група правочинів, які вчиняються не самими малоліт-німи особами, проте на їх користь (малолітня особа є вигодо набувачем). До правочинів можна зарахувати договір банківського вкладу, договір про страхуван-ня на користь третьої особи, договір про управління майном, договір купівлі-продажу нерухомості, інші види правочинів, які не передбачені актами цивільно-го законодавства, але відповідають загальним засадам цивільного законодавства.

ASAS TERBUKA UNTUK UMUM DAN KEHADIRAN FISIK PARA PIHAK DALAM SIDANG DI PENGADILAN NEGERI PASCA PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2019

The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level. This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed. On the other hand, these changes may violate a number of procedural civil law principles. The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings.

ASAS TERBUKA UNTUK UMUM DAN KEHADIRAN FISIK PARA PIHAK DALAM SIDANG DI PENGADILAN NEGERI PASCA PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2019

The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level. This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed. On the other hand, these changes may violate a number of procedural civil law principles. The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings.

Error as A Legal Fact in Civil Law

The article is devoted to understanding the error as a legal fact. It is concluded that the explanation of the mechanism of action of this legal fact lies not in the sphere of efficiency of civil turnover, but in the plane of the main principles of Russian civil legislation. A transaction made under the influence of delusion contradicts the principle of freedom of contract, if it is applied not only to bilateral, but also to unilateral transactions (by analogy). The interference of factors that caused the error prevents the subject of law from properly exercising its interests and, thus, violates the principle of civil law, such as acting with one’s own will and in one’s own interest. The essence of an error as a legal fact is directly derived from the conceptual model of civil legal personality, which assumes the image of a participant in civil legal relations as a rationally thinking subject, and the transaction-not only as a volitional and behavioral act, but as a kind of intellectual and cognitive activity; on this basis, it is tacitly assumed that the admitted distortions of the cognitive nature a priori can not lead to legally benign results.

Translation: Tort Liability – Section 7 – Civil Code of the People’S Republic of China

NOTE: UPDATED WE POSTED ON JUNE 10, 2020 A TRANSLATION OF THE THIRD DRAFT OF THE TORT CHAPTER OF THE PRC CIVIL CODE, WITH THE PARAGRAPH NUMBERING OF THE VERSION PASSED BY THE NPC ON MAY 28, 2020. WE OWE THANKS TO NPC OBSERVER FOR MAKING AVAILABLE THE 3RD DRAFT AND THE FINAL TEXT.THAT VERSION WAS POSTED ON CHINA LAW TRANSLATE WITH MODIFICATIONS TO CONFORM IT TO THE PASSED VERSION BY JEREMY DAUM OF YALE’S PAUL TSAI CHINA CENTER.WE HAVE NOW COMPLETED OUR TRANSLATION OF THE FINAL VERSION AS PASSED BY THE NATIONAL PEOPLE’S CONGRESS.WE PLAN TO PUBLISH AT THE FORDHAM INTERNAL LAW JOURNAL ONLINE OUR TRANSLATION WITH COMMENTARY ON THE DEVELOPMENT OF CHINA’S TORT LAW TO COINCIDE WITH THE JANUARY 1, 2021 EFFECTIVE DATE OF THE LONG AWAITED CIVIL CODE OF THE PRC. AS THIS IS A WORK IN PROGRESS WE PARTICULARLY WELCOME COMMENTS AND SUGGESTIONS - GWCTRANSLATION: TORT LIABILITY – SECTION 7 – CIVIL CODE OF THE PEOPLE’S REPUBLIC OF CHINAPassed by the National People’s Congress, May 28, 2020. Effective January 1, 2121By George W. Conk, Senior Fellow, Stein Center for Law & Ethics, Fordham University School of Law, with Wenjie Lyu, LLM, Rongrong Zahang, LLM, and Haoshi Jiang, MSL Contemporary Chinese law began afresh in 1978 with the policy of “reform and opening” announced by Deng Xiao Ping, who from 1977 to 1992 was the most prominent of the Chinese leadership. After a half century of war, invasion, and revolution Deng was the architect of a policy of modernization. Universities returned to normal, and China began its rapid economic rise. Important to Deng’s program was the normalization of the legal system which had nearly collapsed.In 1986 the legislature – the National People’s Congress adopted the General Principles of Civil Law. embraced a broad swath basic principles of civil law, including liability in tort. Over the next fifteen years law schools were built and progress in the professionalization of the courts was marked as the country adopted laws that brought it into conformity with the international trade systemBut Chinese legal academic leaders traced their emerging law to Germany via Japan and Russia (then the USSR). So their aspiration was to adopt a comprehensive civil code. In 2002 a discussion draft was circulated and moved toward legislative consideration. One Section of that draft civil code dealt with tort liability. But controversy – particularly regarding the law of property – stalled consideration of the tort section of the civil code. I commented on the development of the law of tort and translated the draft code. It was published as A New Tort Code emerges in China An introduction to the discussion and a Translation of Chapter 8 - Tort Law of the Official Discussion Draft of the Proposed Revised Civil Code, 30 FORDHAM INTERNATIONAL LAW JOURNAL 935 (2007) http://ssrn.com/abstract=1015041In 2009 the National People’s Congress passed the Tort Law as a stand-alone law. That law has been the basic framework of China’s tort law since then. But it should be recognized that causes of action are typically grounded in specific laws such as the Traffic Safety Law, the Environmental Protection Law, etc.But the basic model that China’s legal authorities have in mind is the Continental civil law best exemplified by the German Civil Code. Development of the comprehensive code progressed slowly. It was intended not to transform the civil law but to provide a foundation for the law as it was in fact being developed by the steadily advancing array of statutory law. In 2017 the first section of the Code was passed as Basic Principles. In May 2020 the National People’s Congress met during the twin crises of instability in Hong Kong and the covid19 pandemic. It passed the comprehensive civil code.o Although it made few substantive changes, the Civil Code formally abolished and replaced the elements which had previously been passed as stand-alone items. They include: o Marriage Law [婚姻法]o Inheritance Law [继承法]o General Principles of Civil Law [民法通则]o Adoption Law [收养法]o Guaranty Law [担保法]o Contracts Law [合同法]o Rights in Rem Law [物权法]o Tort Liability Law [侵权责任法]o General Provisions of Civil Law [民法总则]The reader will note that although we use the word “tort” in the title we generally abjure Anglo-American terms of art in order to more accurately capture the Chinese syntax. E.G. we would render 侵害他人承担侵权 责任 as “to bear responsibility for infringement of the rights of another”.- GWC September 20, 2020

Construction and Improvement of Civil Code from the Perspective of Ecology

With the continuous introduction of policy documents, China's ecological civilization construction is gradually advancing. Ecological civilization needs legal response. China's General Principles of Civil Law established "green principle" as the basic principle of civil law for the first time, and carried out through various systems in the specific provisions of civil code. This paper adopts the sociological analysis method to sort out the interaction between legislation and society, and then puts forward some Suggestions to improve the legislation of civil code. In the published draft of civil code, the Ecologization of Torts Law is the highlight, and the compensation system for ecological environment damage is detailed and specific. However, there is still much room for improvements in property rights, contract and personality rights. In order to meet the needs of ecological civilization construction, the real right system should be adjusted in the concept of real right and the attitude of animals; the contract system should make a breakthrough in the named contract types and regulate carbon trading; in the specific personality right system, the environmental right should be protected by the expansion of the protection of rights and interests in the tort liability law.

Industry Analysis of Pawnshop in the Philippine

ABSTRACT A consequence of shifting from a centralised to a decentralised market in China is the growing demand for legislation to regulate relationships between different market players. A system of consumer law is necessary to govern the dealings between business operators and consumers. In response to this need, a national consumer statute as well as statutes in other areas have been enacted to deal with various aspects of consumer protection. This paper discusses the roles of the relevant pieces of legislation in protecting consumers in China. This paper also discusses the recent developments in the Chinese consumer law under the revised criminal legislation and the consolidated contract statute, and their implications for investors. JEL: K39 Keywords: Business; China; Competition; Consumer protection; Contract law, Criminal law; Product quality I. INTRODUCTION There is a saying among foreign business operators that, even selling sewing needles, you can still make a fortune in China, if everyone buys one needle from you. This statement suggests the magnitude of the Chinese consumer market. China has nearly a quarter of the world's population. With its 1.25 billion people, all potential consumers, China has become a substantial world market. In addition to the huge population, China's market-oriented economic reform, its on-going open door policy for foreign investment, and its forthcoming entry to the World Trade Organisation is bringing about a blossoming of the commodity market. However, even under these favourable trading conditions, not all investments in China warrant a rich return. Instead some have suffered from crushing failure. One explanation for this is that foreign investors are unfamiliar with the legal environment in China, and are not aware of the growth of the Chinese consumer movement. Consumer protection is a relatively new area of law in China. In spite of its profound impact on traders in the Chinese market place, the study of Chinese consumer law is not popular amongst western scholars. Very little has been written in a foreign language about the legislation protecting consumers, even though it is part of the overall Chinese legal reform. (1) The primary aims of this paper are to increase foreign investors' awareness of legal protection of consumers in China, and to generate discussion in this area of law amongst foreign scholars. With these goals in mind, the paper is divided into four parts. In part one, the paper briefly discusses the major Chinese legislation relevant to consumer protection, such as the General Principles of Civil Law, the Product Quality Law, the Unfair Competition Law, the Advertising Law, and the Consumer Protection Law. In part two, the paper focuses on examining aspects of consumerism in recent enactments, namely, The Criminal Law of the People's Republic of China, and The Contract Law of the People's Republic of China. In part three, the paper discusses the implications of the Chinese consumer law and its latest developments for business operators. The final part submits that these legislations all have a distinct role in the consumer protection movement. They supplement rather than replace each other. II. THE LEGAL FRAMEWORK OF CHINESE CONSUMER PROTECTION--AN OVERVIEW The theory of consumer protection does not have a long history in contemporary China. This is partly because the establishment of the People's Republic of China in 1949 brought about a major change to the structure of the Chinese economy. From 1949 to 1978, the Chinese government adopted a model of planned economy, where the State controlled production and distribution of all commodities. (2) Since the government purchased all production from manufacturers, the latter were not concerned with profit-making. Furthermore, there was no incentive for business operators to behave unethically or dishonestly to obtain greater profits. …

Application of the principle of good faith in proving cartel agreements аt tenders

The article discusses the issues of interpretation and applicability in competition law and in antitrust law enforcement practice of the civil law principle of good faith. The theoretical view of the concept of good faith as incompatible with the nature of public law is criticized.The law enforcement practice in cases of violation of antitrust laws by participants of anticompetitive agreements was studied, which influenced the formation of key judicial positions related to assessing compliance with the principle of good faith by bidders. According to the results of the study, it was concluded that the civil law principle of good faith is at the same time a general principle of competition law as an integrated branch of law combining public and private principles of legal regulation.It is noted that the use of this principle for legal assessment of the actions of participants in cartel agreements at tenders is not only an important tool to counteract cartelization of state and municipal procurements, but also a means of creating a business ethics of entrepreneurial relations in the public interest.

Основные тенденции современного реформирования гражданского законодательства РФ: общая характеристика, онтологические и гносеологические основания, отдельные виды

Introduction: Russian civil legislation is being intensively reformed these days, which results in the emergence of several development trends that require deep scientific consideration and conceptualization. This is of considerable importance not only in terms of theory but also for law-making and application practices. Civil legislation development trends have never been addressed in this context as part of legal research so far. Purpose: to provide a comprehensive study of the main trends in modern reformation of Russia’s civil legislation and, based on that, to identify positive aspects, drawbacks and gaps in this field, and make relevant recommendations and suggestions. Methods: general scientific methods, including analysis, synthesis, dialectical, historical, formal logical, inductive and deductive methods, together with scientific methods specific to legal science, including formal dogmatic, comparative and historical legal methods, are used to identify the main trends in reformation of civil legislation, trace back their origin, determine their interrelations, development mechanisms and the influence on understanding the processes taking place in civil legislation. Results: trends in the reformation of civil legislation are defined as focal areas of its development representing the mechanisms of its evolution; two major groups of trends have been identified: those of systemic and institutional nature – their general description and descriptions of each in particular are provided; the fundamental bases of civil legislation have been studied, including their interrelationship with related categories such as principles of civil law, analogy of law and civil law ideas; their role and importance as fundamental key phenomena in the civil law system are demonstrated; various innovations in civil legislation have been legally evaluated; mechanisms determining the processes of modern reformation of civil legislation have been studied. Conclusions: trends in the reformation of civil legislation must be distinguished from the attempts of introducing random inconsistent modifications, supplements and adjustments, which dramatically reduces the qualitative characteristics of legislation, its regulatory potential and the effectiveness of application. Institutional trends must be premised on systemic trends in the reformation of civil legislation, make the latter more specific and develop them in respect to individual directions of the legislation development. The effectiveness of reforms in civil legislation is closely related to the in-depth analysis of their ontological, gnoseological and methodological bases together with the development of adequate law-application practices.