Economic Activity of Non-Commercial Organizations and Its Civil-Law Ensuring

2016 ◽  
Vol 4 (1) ◽  
pp. 0-0
Author(s):  
Татьяна Сойфер ◽  
Tatyana Soyfyer
Keyword(s):  
Market Economy ◽  
Economic Activity ◽  
Civil Law ◽  
Civil Code ◽  
Non Profit ◽  
Fundamental Possibility ◽  
Commercial Organizations ◽  
Relationship Of ◽  
The Relationship ◽  
Methods Of Operation

The article is considered some aspects of economic activity of non-commercial organizations. The author notes that updated norms of the Russian Civil code not fully take into account economic principles of operation non-commercial organizations in conditions of market economy. That is why the desired effects from their work in Russia are not received. Particular attention is paid to the analysis of the relationship of legal categories “income-generating activity of non-commercial organizations” and “entrepreneurship activity of non-commercial organizations”. Author came to a conclusion that this categories have various economic essences. The income-generating activity for the non-profit organizations may have different characters, including as the main. Consequently the author indicates the need for a differentiated approach in determining the fundamental possibility and valid frames of implementation the income-generating activity for the non-commercial organizations. The article proposes to distinguish groups of non-profit legal entities and give them any special opportunities in the implementation of income-generating activity. These opportunities depend on the purposes of the organizations and the chosen methods of operation.

scholarly journals THE INFLUENCE OF CIVIL CODE ON ECONOMIC LAW

2021 ◽  
Author(s):  
YUN-LING YU
Keyword(s):  
Economic Development ◽  
Market Economy ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Socialist Market Economy ◽  
Economic Law ◽  
Chinese Characteristics ◽  
The Relationship ◽  
Socialist Market

The promulgation of the "Civil Code" provides a path for the codification of other important legal departments closely related to the socialist market economy and the improvement of the socialist legal system with Chinese characteristics. However, due to the fact that the development of economic law in our country is relatively short and the economic development is changing rapidly, the current economic code is facing numerous obstacles. This article analyzes the relationship between civil law and economic law, drawing on the innovation of the content of the Civil Code, and puts forward new requirements for the development of the content, concept and system of economic law, and promotes the development of economic law.

scholarly journals «INDEMNIFICATION FOR DAMAGE»: A REASONABLE NECESSITY OR A MISTAKE OF THE LEGISLATOR?

2020 ◽  
pp. 84-91
Author(s):  
Асхат Назаргалиевич Кузбагаров ◽  
Наталия Александровна Малышева
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
The Russian Federation ◽  
Points Of View ◽  
Relationship Of ◽  
The Relationship

В статье рассматривается проблема целесообразности употребления законодателем понятия «компенсация ущерба». Автор указывает, что существующая дискуссия о соотношении понятий в гражданском праве усугубилась с принятием ст. 16.1 ГК РФ. Обозначены точки зрения разных авторов и предложена авторская позиция восприятия терминологии. The article deals with the problem of expediency of using the concept of «demades for harm» by the legislator. The author points out that the existing discussion about the relationship of concepts in civil law has worsened with the adoption of article 16.1 of the Civil Code of the Russian Federation. The article identifies the points of view of different authors and offers the author's position of perception of terminology.

scholarly journals PENERAPAN BATAS-BATAS WANPRESTASI DAN PERBUATAN MELAWAN HUKUM DALAM PERJANJIAN

2016 ◽  
Vol 3 (2) ◽  
pp. 280
Author(s):  
Sedyo Prayogo
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Legal Issues ◽  
Clear Distinction ◽  
Court Decisions ◽  
Contractual Relationship ◽  
The Law ◽  
Relationship Of ◽  
The Relationship ◽  
Legal Consequences

The Act of the Civil Law makes a clear distinction between the engagement that is born of the agreement and engagement that is born of the legislation. The legal consequences are born of an engagement agreement is desired by the parties, because memng agreement based on the agreement that a rapprochement between the parties will make arrangements. While the legal consequences of an engagement that is born of a statute may not be desired by the parties, but the relationship of law and the legal consequences prescribed by law. Legal issues that arise in case there is a contractual relationship between the parties and the event of default can filed a lawsuit against the law. Based on the identification and analysis, the authors conclude that the draft Civil Code distinguishes between tort lawsuit is based on the contractual relationship between the Plaintiff and the Defendant and tort claims where there is no contractual relationship between the Plaintiff and the Defendant. Developments in the practice of court decisions indicate that a shift in the theory because of the contractual relationship between the Plaintiff and Defendant did not preclude the filing of a lawsuit against the law.

scholarly journals Hubungan Hukum Dokter dan Pasien Serta Tanggung Jawab Dokter Dalam Penyelenggaraan Pelayanan Kesehatan

2018 ◽  
Vol 6 (1) ◽  
pp. 163-182
Author(s):  
Yussy A. Mannas
Keyword(s):  
Therapeutic Relationship ◽  
Criminal Law ◽  
Civil Law ◽  
Civil Code ◽  
Legal Relationship ◽  
Medical Disputes ◽  
Legal Effect ◽  
Two Factors ◽  
The Relationship ◽  
Legal Consequences

Abstract:The emergence rights and obligations as a result of legal relationship between doctors and patients could potentially trigger a dispute between doctors and patients or medical disputes. In an effort to avoid or reduce medical disputes, it is necessary to understand the construction of the legal relationship between doctor and patient. From this legal relationship which will result legal actions and gave rise to legal consequences. In a legal effect, it can’t be separated is about who is responsible, as far as what responsibility can be given. It describes that relationship and the patient's physician if constructed, it can be divided based on two factors; transaction of therapeutic and act. In relation patient - physician based therapeutic, known as therapeutic relationship or transaction therapeutic, there is a binding between patients and physicians in the treatment of the disease or treatment. Engagements happens is inspanningsverbintennis and not resultaatsverbintennis, and must comply with the provisions of Article 1320 of the Civil Code. The relationship between doctor and patient is based on the Act - legislation occurred under Article 1354 of the Civil Code, which formulates zaakwaarneming. Legal relationship that occurs by two things above give rise to legal liability for doctors, the responsibility in the field of disciplinary law, criminal law, civil law and administrative law.Keywords: Doctor, Patient and Legal Relationship.Abstrak:Munculnya hak dan kewajiban sebagai akibat hubungan hukum antara dokter dan pasien berpotensi memicu terjadinya sengketa antara dokter dengan pasien atau sengketa medik. Dalam upaya menghindari atau mengurangi sengketa medik yang terjadi, maka perlu dipahami mengenai konstruksi hubungan hukum antara dokter dengan pasien. Dari hubungan hukum inilah yang akan melahirkan perbuatan hukum dan menimbulkan adanya akibat hukum. Dalam suatu akibat hukum, hal yang tidak dapat dipisahkan adalah mengenai siapa yang bertanggung jawab, sejauh apa tanggung jawab dapat diberikan. Dalam tulisan ini diuraikan bahwa hubungan dokter dan pasien ini jika dikonstruksikan maka dapat dibagi berdasarkan dua hal, yaitu transaksi terapeutik dan undang-undang. Pada hubungan pasien- dokter berdasarkan terapeutik, dikenal hubungan terapeutik atau transaksi terapeutik, yaitu terjadi suatu ikatan antara pasien dan dokter dalam hal pengobatan atau perawatan penyakitnya. Perikatan yang terjadi ialah inspanningsverbintennis dan bukan resultaatsverbintennis, dan harus memenuhi ketentuan Pasal 1320 KUHPerdata. Hubungan dokter dan pasien berdasarkan undang–undang terjadi berdasarkan Pasal 1354 KUHPerdata yang merumuskan tentang zaakwaarneming. Hubungan hukum yang terjadi oleh dua hal diatas menimbulkan tanggung jawab hukum bagi dokter, yaitu tanggung jawab dalam bidang hukum, hukum pidana, hukum perdata dan hukum administrasi.Kata Kunci: Dokter, Pasien dan Hubungan Hukum. 

scholarly journals The Netherlands: The 2018 Agreement between The Ocean Cleanup and the Netherlands

2019 ◽  
Vol 34 (2) ◽  
pp. 351-371
Author(s):  
Rozemarijn Roland Holst
Keyword(s):  
The Netherlands ◽  
International Law ◽  
Law Of The Sea ◽  
Dutch Government ◽  
Non Profit ◽  
International Regulations ◽  
Unique Nature ◽  
Relationship Of ◽  
The Relationship ◽  
High Seas

Abstract The Ocean Cleanup is a Dutch non-profit organisation on a mission to develop and deploy pioneering technology to rid the oceans of plastic. Considering the unique nature of the activity and the technology involved, it is not immediately self-evident which international regulations are directly applicable to this novel use of the high seas. The Dutch government, however, pledged to support the endeavour, and entered into a tailor-made Agreement with The Ocean Cleanup in order to ensure that its activities are conducted in accordance with general international law on maritime safety, the protection of the marine environment, and other legitimate uses of the high seas. This article reflects critically on the parties’ choice to base the Agreement ‘by analogy’ on the Law of the Sea Convention’s provisions on marine scientific research, and analyses the relationship of its core provisions with applicable international law, as well as identifying potential gaps.

The relationship of corruption to economic activity in the OECD

2018 ◽  
Vol 16 (3) ◽  
pp. 286
Author(s):  
Todd Broker ◽  
Dan Harris ◽  
Topaz Prawito ◽  
L. Murphy Smith
Keyword(s):  
Economic Activity ◽  
Relationship Of ◽  
The Relationship

Juridical Persons as Economic Operators

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Владимир Андреев ◽  
Vladimir Andryeyev
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Corporate Law ◽  
Entrepreneurial Activity ◽  
Legal Capacity ◽  
Economic Activities ◽  
Non Profit ◽  
Non Profit Organizations

The article reviews the issues of carrying out economic activities by juridical persons, their participation in civil-law transactions. The article touches upon the issues of carrying out business activities by non-profit organizations. The article investigates the problem of legal capacity of juridical persons, competencies of their bodies and the nature of juridical persons. The author considers the issues of performance of juridical persons’ civil obligations by their employees. The author concludes that the civil legislation regulates three groups of relations (activities): property and personal nonproperty relations, entrepreneurial activity and corporate relations. These separate legislative bodies represent accordingly the civil, entrepreneurial and corporate law. Thus, the Civil Code and the civil legislation embody three separate branches of law.

scholarly journals THE ROLE AND SIGNIFICANCE OF LEGAL FACTS IN REGULATING THE LEGAL CONSEQUENCES OF ANTI-COMPETITIVE ACTIONS

2020 ◽  
pp. 169-174
Author(s):  
M. A. Yegorova
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Private Law ◽  
Non Profit ◽  
The Third ◽  
The Subject ◽  
Commercial Organizations ◽  
Competitive Actions ◽  
Legal Consequences ◽  
Law Regulation

The article analyzes the role and significance of legal facts in regulating the legal consequences of anti-competitive actions. The main types of private law consequences are distinguished, which are divided into three groups. The first group includes the most characteristic of the subject of civil law regulation of property effects, the second group, special methods of protection of civil rights, which can be described as organizational and restorative the legal consequences, the third group ,the antitrust compulsory liquidation and reorganization of legal persons, the basis for which implementation is the systematic implementation of monopolistic activity by commercial organizations and non-profit organizations engaged in activities that bring them income

scholarly journals A versenytilalmi megállapodás

2015 ◽  
Vol 12 (3-4) ◽  
pp. 20-28
Author(s):  
Alex Ember
Keyword(s):  
Geographical Area ◽  
Civil Law ◽  
Labor Law ◽  
Civil Code ◽  
Employment Relationship ◽  
Financial Compensation ◽  
Time Period ◽  
The Law ◽  
Employee Needs ◽  
The Relationship

The “agreement on non-competition” is essentially the extension of the protection of the basic economic interest of the employer. While during the employment relationship several labor law provisions protect the interest of both parties, the “agreement on non-competition” is designed to protect the employer’s interests after the termination of the relationship. This means – in return for financial compensation – the former employee needs to refrain from any kind of business competition against his/her former employer. This necessarily involves financial compensation and may have several restrictions, such business or geographical area or time.   The previous Labor Code did not specify for detailed regulation of the issue and the law remained rather vague. It merely referred to the fact that parties – based on their own free will – may enter into such agreement. However the new Labor Code contains explicit regulations under title XVIII of the Act as “Particular Agreements Related to Employment”.   The “agreement on non-competition” belongs to the field of employment law. Unlike the previous Labor Code that categorized this possible agreement as of purely civil law in nature, the new Labor Code declares it to belong under the scope of the Labor Code. The previous regulation even ordered the provisions of the Civil Code to be applied to such agreements however the new legislation brought a conceptual change.   The currently effective regulation provides for a 2-year limitation on such conduct on the employee’s part that would create competition with the employer. The exact amount of the consideration payable for this obligation remains to be decided by the parties however the Labor Code suggests that it shall be based on how difficult the applied restrictions make it for the employee to find another job with his qualifications and experience. As a basic limit the law provides that the amount shall not be less than one-third of the base wage payable for the same period of time.   The “agreement on non-competition” is not to be confused with similar legal institutions. The paper points out two close similarities in the legal system. One being the employee’s obligation of confidentiality; this prevails after termination of the employment relationship as well without any time or similar restrictions and even without any financial compensation. The other one is the so called “non-compete” agreement from the field of competition law. This is applicable after takeovers where the seller shall refrain from engaging into business in the same area as the buyer.   In the field of labor law the time period for the “agreement on non-competition” is up to the agreement of the parties however the new law invokes an upper limit of two years that is following the termination of the employment relationship. This is a decrease from the previous regulation that provided for a period of three years. The agreement can be modified by the consent of both parties just like the employment contract or civil law agreements.   In case of violation of the agreement three cases are to be analyzed. The first is the case of the employee breaching the provisions of the contract. In this case the employee is liable for damages towards his/her former employer. The provisions of the new Civil Code and those of the Labor Code are to be applied to the damages. In the second case the employer may request an injunction to prohibit the employee from any conduct breaching the agreement while the third case involves the breach of the agreement on the employee’s part for which the rules of the Civil Code and the Labor Code are to be applied as well.

scholarly journals ExPro as psycho-affective stimulators through experiential marketing in nonprofit organizations

CIID Journal ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 01-27
Author(s):  
Romel Ramón González-Díaz ◽  
Elsa María Acosta-Moltó
Keyword(s):  
Nonprofit Organizations ◽  
Likert Scale ◽  
Caribbean Region ◽  
Experiential Marketing ◽  
Non Profit ◽  
Montecarlo Method ◽  
Interpretive Method ◽  
Relationship Of ◽  
The Relationship ◽  
Very High

This article aims to analyze the relationship of experience providers (ExPro) as phyco-affective stimulators in experiential marketing in non-profit organizations in the Colombian Caribbean region, it was framed in the complementary methodology, under the type of correlational studies and was carried out under a non-experimental, transactional and field design. The facts were also studied from  January 1/2018 to November 30/2018, where a questionnaire with a Likert scale was applied, which was validated at the discretion of 5 experts with an alpha coefficient of Cronbach 0.85 (Very high), aimed at a population of 273 young people between 18-25 years in the departments of Córdoba and Sucre which are intervened socially for 5 foundations, statistical data was processed in Microsoft Excel2010, SPSS v25 and @risk (Montecarlo method), subsequently 3 marketing experts were discussed and interpreted through the hermeneutic or interpretive method using it as a tool for qualitative analysis Atlas.ti8 software, generating criteria for weighting and design of inference rules in the fuzzy logic module (Matlab2017), to obtain the following results: standard deviation of 0.23982, correlation between variables of 0.666 (moderately positive). Consequently, 7 rules were generated for the inference module under the simplification of 5 categories of the Likert scale to 3 categories according to proportionality: Strong: 3.41 - 5.00, Medium: 2.61 - 3.40 and Weak: 1.00 - 2.60; as a significant find, the internal staff (Expro) generates greater influence among the psycho-affective stimulators in nonprofit organizations.

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