scholarly journals CURRENT PROBLEMS OF CIVIL LAW OF UKRAINE IN OTHER JURISDICTIONS

2020 ◽  
pp. 30-33
Author(s):  
K. E. Kosiachenko ◽  
D. R. Zamkova
Keyword(s):  
Public Relations ◽  
Legal System ◽  
Mutual Influence ◽  
Civil Law ◽  
Public Law ◽  
Main Task ◽  
Private Law ◽  
Legal Analysis ◽  
Business Law ◽  
The Cross

This article is an attempt at a comprehensive legal analysis of current problems of civil law in the fields of contemporary law of Ukraine. With regard to cross-industry links, legal doctrine is defined as relations of interdependence, conditionality and commonality between different legal sectors, including their individual parts. In particular, the problems of correlation of civil law of Ukraine with other branches of law, such as labor law, business law, administrative law, criminal law, information law, financial law, are considered. Considering the problems of civil law in the context of modern law, the connection between private and public in civil law of Ukraine was highlighted. It has been concluded that scientists have for many years regarded civil law as a basic component of private law, and in some cases even identified it. At the same time, both the branches of private law and the branches of public law are recognized as components of the unified system of law of Ukraine, and, accordingly, they cannot exist completely autonomously from each other. All areas of law interact and interact. It was possible to distinguish the civil law of Ukraine from other basic branches of the system of Ukrainian law, and to draw some conclusions about the recognition of the civil law of Ukraine as a complex branch of law. Civil law terms and concepts used in other areas of law, relevant industry codes or other regulatory issues were also considered. The cross-sectoral links of civil law, which are not only limited to the legislative sphere, but also the cross-sectoral links at the level of enforcement are highlighted. This article stated that in order to achieve a stable and efficient functioning of the legal system, as a component of the domestic legal system, it is possible, subject to fruitful cooperation of the legislator, theorists and practitioners, their main task – to justify and develop a single organic complex of balanced branches of law. That is why special attention should be paid to the interaction of civil law with other branches of Ukrainian law, in particular, to determine the points of their contact, permissible situations and limits of mutual influence. The tendency to expand the sphere of civil law is reflected in the domestic law enforcement practice, which is reflected in the actual extension of civil law structures to public rights, the judicial protection of which affects the rights and obligations of a private nature (in particular, it concerns a tax lien, financial credit, etc.). It is concluded that the system of civil (private) law should be characterized as clear criteria for boundaries of action and separation from related fields (industries). Public law, defined by the codes of the relevant sphere (branch) of law, and take into account the tendencies of development of relevant spheres of public relations by means of norms capable to create inter-sectoral links with public-law norms in the framework of complex legislative acts.

Problems of development of legislation and judicial practice in the field of corporate relations in Russia and Germany: a comparative legal aspect

10.12737/1929 ◽  
2013 ◽  
Vol 1 (2) ◽  
pp. 81-86
Author(s):  
Наталья Санисалова ◽  
Natalya Sanisalova ◽  
Екатерина Салдаева ◽  
Ekaterina Saldaeva
Keyword(s):  
Legal System ◽  
Legal Aspect ◽  
Civil Law ◽  
Legal Regulation ◽  
Corporate Law ◽  
Private Law ◽  
Legal Analysis ◽  
Present Stage ◽  
Judicial Practice ◽  
Development Concept

The article deals with the concept of corporate entities in the legislation of Russia and Germany have shown trends “Europeanization” of Private Law at the present stage, the trend of development of Russian corporate law. The analysis of the most significant changes in civil and corporate law in Russia and Germany. The article follows the idea of the necessity of building development concept, reception and coordination of legislation. Evaluates the implementation of the legislative innovations of similar legal systems, in particular, the German legal system. This study was carried out on the basis of comparative legal analysis to determine the most appropriate legal path of development and improvement of the legal system of the countries studied. In this article are analyzed only some aspects of civil law and jurisprudence Russia and Germany, which appear to be most interesting. We also find edostatki in the legal regulation in the resolution of corporate disputes.

scholarly journals Typological models of legal regulation of matrimonial relations through the prism of comparative approach in private law

2021 ◽  
pp. 114-125
Author(s):  
Evgeniya Pavlovna Parii-Sergeenko
Keyword(s):  
Legal System ◽  
Family Law ◽  
Legal Regulation ◽  
Public Law ◽  
Civil Code ◽  
Comparative Approach ◽  
Private Law ◽  
Legal Analysis ◽  
Exclusive Jurisdiction ◽  
Legal Criterion

This article outlines a number of typological models of legal regulation of matrimonial relations using the method of comparative-legal analysis. Leaning on the formal-legal approach, analysis is conducted on certain typological models. First and foremost, the author explores the model that is based on inclusion of the norms of family law in the Civil Code. It features two basic modifications that take roots in the reference European codifications of civil law: French (institutional) and German (pandect). Another typological model under review relies on coexistence of the two separate codes within the national legal system: civil and family. The typological distinctness characterizes the model that is based on inclusion of the norms of special statutes dedicated to family law in the Single Civil Code (for example, PRC). The development of family law may take the path of adoption of separate legislative acts (UK, USA). In some instances, federative nature of the country may also affect the development of the system of sources of family law. The countries with pluralistic legal system, either have exclusive jurisdiction over matters of family law (for example, Israel), or stimulate the processes of its modernization through adoption of a special law (for example, India). The author believes that the formal-legal criterion of typology should be correlated with the substantive aspect of the matter. From this perspective, the author highlight the two trends in regulation of matrimonial relations: the first is associated with strengthening of public law principles, while the second is associated with private law principles. The typological model depends on the dynamics of their ratio.

The changing face of private law: doctrinal categories and the regulatory state

Legal Studies ◽  
1982 ◽  
Vol 2 (3) ◽  
pp. 257-268 ◽  
Author(s):  
N. E. Simmonds
Keyword(s):  
Legal System ◽  
Public Law ◽  
Private Law ◽  
Regulatory State ◽  
Public And Private ◽  
University Curricula

Legal scholars over the last 25 years or so have experienced a growing sense of dissatisfaction with the traditional classifications that segment university curricula and legal textbooks. Contract and tort, for instance, are felt to be not so different after all. The intimate historical links between the tort of negligence and the action of assumpsit may be seen as reflecting the realitics more truly than the later doctrinal separation of voluntarily and involuntarily incurred obligations. The growing impact of public law on the exercise of privatc rights, and the interweaving of public and private law that runs through an evcn greater portion of the legal system, cause still more fundamental doubts.

scholarly journals Civil Mechanism Preventing and Resolving a Conflict of Interest in the Russian Private Law

2021 ◽  
Vol 17 (1) ◽  
Author(s):  
Yury Alexandrovich Svirin ◽  
Anatoly Aleksandrovich Vlasov ◽  
Vladislav Petrovich Sorokin ◽  
Marina Andreevna Simanova ◽  
Catherina Aleksandrovna Kukhturskaya
Keyword(s):  
Conflict Of Interest ◽  
Civil Law ◽  
Public Law ◽  
Private Law ◽  
Minority Shareholders ◽  
Legal Concept ◽  
Individual Property ◽  
Legal Studies ◽  
Systemic Analysis ◽  
Legal Mechanism

The article studies the legal mechanism preventing and resolving a conflict of interest in civil law. The Russian public law pays much attention to the prevention of competitive interests but there are still no studies on a conflict of interest in private law. The authors have written this article to consider the relevant legal studies and draw their conclusions. Methods: The authors used the methods of comparative and systemic analysis, synthesis and scientific research to examine such a legal concept as a "conflict of interest in private law". The study aims at analyzing the category of competitive interests in relation to private law, determining its prerequisites, reasons and possible solutions. The authors have concluded that a conflict of interest often causes corporate conflicts among parties involved in corporate relations. Moreover, this type of conflicts arises due to the realization of individual property interests and the possibility of one person to influence the other, for example, a conflict between majority and minority shareholders.

scholarly journals Evaluation Concepts in Russian Codifications of Civil Law

Lex Russica ◽  
2019 ◽  
pp. 37-50
Author(s):  
V. G. Golubtsov
Keyword(s):  
Essential Feature ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
Civil Code ◽  
Property Law ◽  
Private Law ◽  
Private And Public ◽  
The Impact ◽  
Basic Evaluation

Based on general legal and civilistic experience in the study of evaluative concepts, the author investigates the general and the specific in their civil law nature. As the result of the study, the author draws the conclusion that the existence of evaluative concepts forms a distinctive essential feature of civil law as private law. It is noted, however, that the doctrine, law-maker and law-enforcer need basic guidelines that will allow to define objective criteria for nominating concepts as evaluative, as well as for determining the boundaries of their systematic interpretation. Also, the author concludes that the impact of evaluation concepts on legal regulation in private and public law is different. In civil law, depending on the localization in the text of the Civil Code, it is possible to distinguish two groups of evaluation concepts. The first group includes the basic evaluation concepts that allow us to see the goals, meaning and specifics of civil law regulation. The second group, in the author’s opinion, includes peripheral evaluation concepts that are utilized by property law and separate contractual constructions and the presence of which allows to avoid unnecessary causality and, at the same time, makes it possible to bring legal regulation closer to real relations.

scholarly journals Features of ancient Roman jurisprudence of the classical period and its place in the history of the state of Ancient Rome

2021 ◽  
pp. 4-14
Author(s):  
Vira Okorokova ◽  
◽  
Olena Koicheva ◽  
◽  
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Legal Protection ◽  
Ancient Rome ◽  
Legal Analysis ◽  
Mobile System ◽  
Traditional System ◽  
Imperial Rome ◽  
History Of ◽  
Political Conditions

The article is devoted to the study of Roman jurisprudence during its heyday. Scientific novelty is expressed in the analysis of legal innovations that were developed by such lawyers of this period as (Gaius (II century BC), Papinian (II–III centuries), Paul (II–III centuries), Ulpian (II–III century) аnd Modestin (II–III centuries). Despite the great importance of the works of these jurists, their study does not differ significantly from a number of studies. The article points to the continuity in the history of Roman jurisprudence, which is manifested in the gradual registration of jurisprudence in a separate field, which has its own needs and requirements for the activities of jurists, their training and more. Historical and legal analysis of the activities of these lawyers indicates a certain evolution of jurisprudence from the rigid traditional system of queer law to a more mobile system of civil law, which was adapted to the new socio-economic and political conditions of ancient Rome. Jurisprudence gradually in the conditions of imperial Rome is made out in separate legal institute that provides not only consultations on these or those transactions, but also legal protection. The authors draw attention to the fact that the activity of lawyers was the defining stage that laid the foundations for further transformation of the legal system, its reception in some Western European countries of subsequent historical epochs.

scholarly journals History of codification of private law in the Republic of Moldova

2021 ◽  
pp. 8-28
Author(s):  
Gheorghe Avornic ◽  
◽  
Violeta Cojocaru ◽  
Iulian Moraru ◽  
◽  
...  
Keyword(s):  
Social Relations ◽  
Civil Law ◽  
Public Law ◽  
Private Law ◽  
Historical Aspects ◽  
Republic Of Moldova ◽  
History Of ◽  
Ancient Times ◽  
The Republic ◽  
The One

The division of the entire system of law into public law and private law comes from ancient times, which we have referred to in several previous personal publications. In this article we will analyze the evolution of private law in the Republic of Moldova. Private law constitutes one of the fundamental subdivisions of the science of law as a whole. At the level of the Republic of Moldova, the subdivision in question represents a distinct specific in the context that: (i) it is stratified into numerous branches of law and (ii) it constitutes a symbiosis of several national, supranational and international private legislations that correspond to modern trends of evolution of related social relations. One of the main branches of domestic private law is civil law, namely the rules tangent to the branch of law in question regulate a considerable number of social relations varied in terms of structure and content. This article will briefly address evolutionary-historical aspects of the private law legislation of the Republic of Moldova. In particular, we will analyze the influence of the Model Civil Code of the CIS States, on the one hand, and European legislation, on the other. Historical aspects will be divided into three periods.

scholarly journals REGARDING THE SUBJECT OF THE CONTRACT FOR THE SUPPLY OF MATERIAL RESOURCES TO MILITARY UNITS (LEGAL ENTITIES UNDER PUBLIC LAW)

2021 ◽  
pp. 195-198
Author(s):  
O. Pavlovskyi
Keyword(s):  
Public Relations ◽  
Public Procurement ◽  
Civil Law ◽  
Legal Regulation ◽  
Public Law ◽  
The State ◽  
Material Resources ◽  
The Subject ◽  
Military Units ◽  
Legal Entities

In accordance with Part 2 of Art. 17 of the Constitution of Ukraine, military units, first of all, are the bearers of power and act in public relations as subjects of realization of the goal set by the state in the form of repulse of possible aggression from outside, and therefore the main tasks, internal structure, subordination, reporting and control in this area is governed by constitutional and administrative law. However, in some cases, the military unit for the implementation of its tasks may act as an independent entity in civil law, and therefore, certain relations are governed not only by constitutional, administrative, economic, but also civil law. This paper will deal with contractual obligations. The supply contract is extremely important in providing Ukraine, its subjects and state entities with the necessary goods, performance of works, provision of services. In essence, the institute of contract law is a legal means of implementing state policy in the field of industrial production, construction, national defense, social assistance, science, culture, the implementation of basic social and production tasks. Currently, there is a trend aimed at increasing the budget funds used through public procurement. In this regard, an urgent problem is the effective legal regulation of public relations related to the supply of goods for public use. The regulatory framework governing these legal relations must be transparent, understandable to all participants in trade and procurement operations, operational on changes in socio-economic conditions in the country, have an anti-corruption orientation. The quality of goods purchased for the state also remains a long-standing problem. One of the topical issues for the science of civil law is the question of the subject of the contract, with which the Central Committee of Ukraine connects the conclusion of the contract, its validity and some other significant circumstances. According to case law, disputes arising from the contract are usually complicated by non-compliance by the parties with the provisions of the Civil Code of Ukraine on the subject of the contract. The article analyzes the subject of the contract for the supply of material resources to military units. Military units are considered by the author as legal entities of a subject of public law.

scholarly journals METHODOLOGICAL APPROACHES TO THE PROBLEM OF THE INTERRELATION BETWEEN PRIVATE AND PUBLIC LAW IN SETTLEMENT RELATIONS

2021 ◽  
pp. 85-92
Author(s):  
L. Panova
Keyword(s):  
Social Justice ◽  
Financial Market ◽  
Legal System ◽  
Financial Services ◽  
Financial System ◽  
Public Law ◽  
Private Law ◽  
Theoretical Understanding ◽  
Legal Standards ◽  
Private And Public

The article is based on the existing law doctrine of division of law into private and public. The author analyses the influence of the doctrine on the relationships that arise in the financial services markets. The author takes into account the results of researches conducted by domestic and foreign scholars, which were carried out in the field of law and economics. The author uses general scientific and special methods as those that form the basis of the work. The research substantiates that objectively the doctrine dividing law into private and public does not exist. Doctrine is the product of a sociocultural interpretation of the researcher's thinking process. At the same time, the doctrine is naturally refers to the structure of the financial market. The author analyses the internal mechanism of circulation of cash flows and settlements in the global financial market. This analysis is the empirical basis for the research and subsequent theoretical understanding. The author proves that the concept of separation of rights into private and public law is not a universal concept that is inherent in all countries. The doctrine is fundamental only in the countries with Romano-Germanic legal system. The idea of dividing law into private and public was not reflected at the doctrine level in the countries with Anglo-Saxon legal system. The problem of the substitution of concepts was enrooted directly in the very doctrine of law, which existed in Soviet times. It was connected with the absence of the concept of "private law" in the Soviet legal thinking. The idea of social justice changes beyond recognition in the direction of public law. The author focuses on the issue of how to ensure the sustainable development of the financial system and its main institutions (structures) using the theoretical concept of dividing law into private and public. The author emphasizes the need to take into account the diversity of legal understanding of the financial market as a social phenomenon. The research methodology should be as appropriate as possible to the research object. The idea of social justice should act as a regulator of mutual relations between members of society. Practical activity in the financial markets in the modern world tends to converge. Public law assumes the fulfilment of a social function. Therefore, the author comes to the conclusion that law is a means of reaching a compromise between members of society, provided that individual freedom is preserved and there is no need to oppose private law to public law. The author proves that European political and legal standards are built on such postulates, particularly concerning the field of calculations. Keywords: financial system, financial services markets, settlement relations, the doctrine of separation of rights into private and public.

Punitive Damages: Reorienting the Debate in Civil Law Systems

2019 ◽  
Vol 10 (1) ◽  
pp. 63-81
Author(s):  
María Guadalupe Martínez Alles
Keyword(s):  
Latin American ◽  
Civil Law ◽  
Public Law ◽  
Punitive Damages ◽  
Private Law ◽  
Clear Cut ◽  
American Experience ◽  
Private And Public ◽  
Anglo American ◽  
Country Specific

AbstractScholarly debates in a number of Latin American and European countries have recently focused on the legal institution of punitive damages. These debates have been primarily influenced by the Anglo-American experience with the institution. The dominance of an outcome-driven, interpretive approach to an inherently complex and contradictory practice in the prevailing Anglo-American scholarship on punitive damages, however, has seriously affected and likely distorted the comparative and normative scholarly debates over the introduction of the institution in countries that follow the civil law tradition. In this article, I argue that, in order to participate more meaningfully in the punitive damages debate, civil law scholars should, on one hand, refrain from attempts to improve the understanding of the Anglo-American practice while offering country-specific assessments of the authors’ own legal system’s (in)compatibilities with the institution; and, on the other hand, actively engage in thorough discussions regarding the fundamental theoretical grounding of the place of punishment in modern private law. The novelty of this scholarly approach will require private law scholars to acknowledge both the punitive elements currently hidden yet nonetheless patent in domestic private law practices of awarding damages and the constraining effect of the pervasively proclaimed yet easily disputable clear-cut line between private and public law.

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