scholarly journals Interest as a consequence of debt delay

2020 ◽  
Vol 58 (4) ◽  
pp. 149-170
Author(s):  
Miona Manojlović
Keyword(s):  
Legal System ◽  
Historical Origin ◽  
The Law ◽  
Definition Of

The author first tries to define the concept of debt arrears, and after that its consequences. The author dedicates further presentation to interest, its historical origin and definition of its basic types through the analysis of the laws by which it is regulated, and with special emphasis on the Law on default interest. The author tries to point out the legal gaps in the laws, analyse the existing solutions in practice, but also offers some new solutions that could be useful in the application of the institute of interest. Also, the institute of default interest will be analysed within our legal system through a calculation that extends from the appearance of the law that regulated default interest until today.

scholarly journals Quantifying Legal Entropy

2021 ◽  
Vol 9 ◽  
Author(s):  
Ted Sichelman
Keyword(s):  
Information Theory ◽  
Information Content ◽  
Legal System ◽  
Legal Systems ◽  
Information Costs ◽  
Precise Quantification ◽  
The Law ◽  
Legal Contexts ◽  
Definition Of ◽  
Quantitative Definition

Many scholars have employed the term “entropy” in the context of law and legal systems to roughly refer to the amount of “uncertainty” present in a given law, doctrine, or legal system. Just a few of these scholars have attempted to formulate a quantitative definition of legal entropy, and none have provided a precise formula usable across a variety of legal contexts. Here, relying upon Claude Shannon's definition of entropy in the context of information theory, I provide a quantitative formalization of entropy in delineating, interpreting, and applying the law. In addition to offering a precise quantification of uncertainty and the information content of the law, the approach offered here provides other benefits. For example, it offers a more comprehensive account of the uses and limits of “modularity” in the law—namely, using the terminology of Henry Smith, the use of legal “boundaries” (be they spatial or intangible) that “economize on information costs” by “hiding” classes of information “behind” those boundaries. In general, much of the “work” performed by the legal system is to reduce legal entropy by delineating, interpreting, and applying the law, a process that can in principle be quantified.

scholarly journals Transfer of Ownership in fiducia and Trust – Preliminary Considerations on the Possibilty of Application of the Hague Convention on the Law Applicable to Trusts and on their Recognition

2018 ◽  
Vol 55 (3) ◽  
pp. 579-605
Author(s):  
Tomislav Karlović
Keyword(s):  
Legal System ◽  
Hague Convention ◽  
Roman Law ◽  
Real Property ◽  
Legal Rules ◽  
Significant Difference ◽  
The Hague ◽  
The Law ◽  
Definition Of ◽  
The Hague Convention

Considering the main characteristics of fiducia in Roman law, as well as its functions and place within the real property law and the law of obligations, two features that are also prominent in the definition of anglosaxon trust stand out. These are the fiduciary nature of the relationship between the interested parties, as fides (trust) formed the initial basis of both institutes in the period before they were legally recognized, and the transfer of ownership made for specific purpose, different from the regular enjoyment of the object by the owner. However, there is a significant difference between the two (fiducia and trust) becuase of the duality between common law and equity in English legal system. While the mutual interests of the parties to fiducia in Roman law were protected only by personal actions (actiones in personam), parties’ proprietary interests in English trust were (and still are) recognized with the parallel existence of legal and equitable title. In contemporary Croatian law of real property the closest thing to the division of titles exists with regard to the conditionally transferred ownership as regulated in Art. 34 of Ownership and Other Proprietary Rights Act, entaling the division on prior and posterior ownership, both of which can be entered into Land registry and other registries. In the article it is analysed how this division and the following registration of both titles could allow for the effects to be given to trusts, in case it would be pondered on the benefits of accession of Croatia to the Hague Convention on the Law Applicable to Trusts and on their Recognition. Accordingly, after the exposition of Croatian law, it is given a short overview of English trust with emphasis on trusts of land and, subsequently, of the rules of the Hague Convention on the Law Applicable to Trusts and on their Recognition. In the conclusion it is argued that perceived incompatibility of trust with civilian legal system can be overcome in Croatia with the help of extant legal rules regarding conditionally transferred ownership. Also, this incompatibility has already been refuted in several European continental countries from which examples lessons should be studied and learned, what would be the next step in the deliberations on the accession to the Hague Convention on the Law Applicable to Trusts and on their Recognition.

scholarly journals Culture of legal techniques: key dominants in the modern Russian legal system

2022 ◽  
Vol 39 (71) ◽  
pp. 566-578
Author(s):  
Marina V. Baranova ◽  
Olga B. Kuptsova ◽  
Sergey N. Belyasov ◽  
Arturas S. Valentonis
Keyword(s):  
Legal System ◽  
Modern Society ◽  
Legal Culture ◽  
Effective Functioning ◽  
Formation Stage ◽  
Specific Analysis ◽  
The Law ◽  
Systematic Understanding ◽  
Definition Of ◽  
Modern Russian

The article is dedicated to the conceptual and specific analysis of the emergence of the culture of legal techniques under the conditions of a new technological form. The identification and analysis of key types of culture of legal techniques, allows to show their specificity following typological groups. Its systemic unity, which has its specificities, can be considered as the second dominant of the culture of legal techniques. The article further offers a primary doctrinal definition of the concept of culture of legal techniques based on the identified dominant characteristics and manifestations of the culture of legal techniques, studied in the context of the search for ways of effective functioning of the system of power and powerless principles in the Russian legal system. This phenomenon is in the formation stage. The authors have used dialectical, historical-political, formal-legal, and comparative-legal methods. It is concluded that a promising systematic understanding of the essence and meaning of the culture of legal techniques will help to improve the legal culture as a whole and thus increase the effectiveness of the law in modern society.

scholarly journals APPRAISING THE LAW OF WILLS IN A CONTRACT

2019 ◽  
Vol 3 (1) ◽  
pp. 46
Author(s):  
Emad Mohammad Al Amaren ◽  
Rachma Indriyani
Keyword(s):  
International Trade ◽  
International Law ◽  
Legal System ◽  
Critical Issue ◽  
High Stakes ◽  
Economic Exchanges ◽  
The Will ◽  
The Law ◽  
Definition Of

<p>Contracts play a significant role in both economic and commercial transactions, whether internal contract within a national legal system of a State or contract with international nature due to there is more than one legal system would be involved. As a tool that runs international trade and a means of economic exchanges across the border, it can not be denied that many practitioners have high stakes and interest through a contract. The internationality of the contract may impose its subordination to a law other than the law of the judge, and may be subjected to the international substantive rules represented in the most common rules of international law or common principles of international trade rules. Therefore, the definition of the concept of an international contract is a critical issue for the consequences of this limitation. Therefore, the appraisal between domestic and international contract is crucial to do as well as the role of the will in internationalizing the contract.</p>

scholarly journals VIEŠOJO INTERESO APIBRĖŽIMO LIETUVOS URBANISTINĖJE PLĖTROJE KLAUSIMU/ON DEFINITION OF PUBLIC INTEREST IN URBAN DEVELOPMENT OF LITHUANIA

2008 ◽  
Vol 32 (4) ◽  
pp. 248-257 ◽  
Author(s):  
Eugenijus Staniūnas
Keyword(s):  
Urban Planning ◽  
Urban Development ◽  
Legal System ◽  
Public Interest ◽  
Main Question ◽  
Legal Definition ◽  
The Law ◽  
Definition Of ◽  
The City ◽  
Societal Interest

The word “public“ has two meanings in the Lithuanian language. It means “useful for society“ and “overt“ (“nonsecret“). Double-edged meaning of the category is not acceptable in the sphere of practical urban development, where decisions mean the distribution of goods among individuals as well as the distribution of goods among individuals and overall. In general it is not clear whether the development of the city should be only overt or whether it has also something to do with the interest of society, with the interest of the entire population of the city. The language peculiarities require a special approach of the legal system to the term. The Lithuanian legal system makes not very much in this direction, may be rather on the contrary it makes the term “public interest“ even more misty. The Lithuanian Constitution mentions societal interest (requires to support useful for society economic activity), however, neither the Constitution nor the Law on Territory Planning describe what the category “society use“ (societal interest) means. The Law does not see the diference a person and the entirety of city population. It says that the term “public“ (“society“) means one as well as more natural or legal persons. This situation has many sequences: the main question of the social system of the state is not clear; the basis of the mission of urban planning is not clear too; the principle of distribution of goods in urban development is not declared; the question of a legal goods distribution can hardly even be raised. The idea of a more precise legal definition of the term “public interest“ is raised in the paper. The author thinks that the formula “public goods are goods that cannot be produced by an individual“ can be a good basis for elaborating a legal definition of the category “public interest“. It allows to divide clearly and logically overall and individual goods. It allows to see what concrete development proposals are useful for. It allows to show the logical place of urban planning in general: public interest in urban development should be the production of goods that cannot be produced by separate citizens; this production should also be accepted as the mission of urban planning. Santrauka Nagrinėjamas viešojo (visuomenės) intereso apibrėžimo ir jo sąsajų su teritorine plėtra klausimas. Apie visuomenės interesus užsiminta Lietuvos Konstitucijoje, tačiau kas tai yra konkrečiau, Lietuvos įstatymuose nepaaiškinta. Neapibrėžus šios kategorijos, praktiškai neįmanoma išspręsti esminio valstybei – jos socialinės sistemos klausimo, t. y. konkretizuoti visuomenės ir individo santykių principo (nors jis apytikriai ir paaiškintas pagrindiniame šalies įstatyme). Rezultatas yra tas, kad gyvenimo praktikoje (taip pat ir teritorinėje plėtroje) realizuojama galbūt nuo Konstitucijos atitrūkusi ir nežinia kokia valstybės idėja. Straipsnyje siūloma šią spragą užpildyti ir analizuojama, kaip tai būtų galima padaryti.

scholarly journals Pigs and Positivism: Between Jurisprudence and Politics

2019 ◽  
Vol 44 (2) ◽  
pp. 498-504 ◽  
Author(s):  
Roy Kreitner
Keyword(s):  
Legal System ◽  
Social Conflict ◽  
Legal Pluralism ◽  
Legal Norm ◽  
Social Arrangement ◽  
Social Facts ◽  
The Law ◽  
Social Visions ◽  
Definition Of

Hendrick Hartog’s Pigs and Positivism is well known as an investigation of legal pluralism. The legal pluralism angle of the article focuses on the multiplicity of legal sources. In that sense, it reads “positivism” through the sources thesis: the idea that only those social facts recognized by the legal system as sources of law can exert an impact on the validity of a legal norm. This Essay highlights a different aspect of the article, which is the “definition of law as an arena of conflict within which alternative social visions contended, bargained, and survived.” Crucially, the alternative social visions at stake have different roles for the law itself. In other words, the conflict is not limited to a particular social arrangement (will there or won’t there be pigs on the streets); it is at least in part a conflict over the question of how law will fit into social conflict, or politics.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

Preclusion of the Right to Submit New Facts and Evidence According to the Law on Contested Procedure in Kosovo

2017 ◽  
Vol 10 (1) ◽  
pp. 84
Author(s):  
ARTAN QERKINI
Keyword(s):  
Market Economy ◽  
Legal System ◽  
Practical Implementation ◽  
Relevant Evidence ◽  
Legal Provisions ◽  
The Law ◽  
Legislative Amendments ◽  
The Right

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.

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