Features of the legal status of subjects of Civil Law (original) (raw)

Trends in the development of civil law at the present stage

Cuestiones Políticas

The purpose of this article was to scientifically analyze the current trends in the development of civil law in the modern reality, on which follow the authors' proposals to improve its evolution and adaptation. The methodological basis of the study included philosophical approaches, as well as general and special scientific methods of knowledge that meet the main objectives and tasks set in the research. According to the results of the study, civil law today is different not only in the application and protection of rights, compared to the original approaches established by the developers of the current Civil Code and, special sectoral legislation, but also in the change in the paradigm of normative and legal regulation. Everything allows to conclude that, in summary, the authors offer specific recommendations for updating the provisions of the Civil Code of Ukraine, which I include also proposals for changes in civil law. Definitely, civic reflection on all the issues raised i...

Civil law'' i ''common law'': Dva različita puta do istoga cilja

Poredbeno Pomorsko Pravo, 2001

This paper will not deal with theoretical examination of differences between the common law and the civil law, but will focus rather on various distinctive features of civil law and common law, with several illustrations of resulting differences in both substantive law and procedural law. There is a great num6er of these differences and all of them, of course, cannot be dealt withln a short study of limited scope as this one. Even the books on comparative law which havl extensively examined the differences between the civil law and the common law could not cover all those differences.'Any attempt to make a selection of differences between the civil law and the common law on the basis of their importance would be difficult. Hence, this paper will review only several typical elamples of differences between the civil law and the common law, both in substantive law and civil procedure. These differences will not be examined in detail as they should serve only as illustration of those differences. The scope of this paper will be mainly focused on the civil law issues and will not deal with other areas of law In order to emphasize distinctive features of common law system and civil law system, some important differences which exist within these two "families" (e.g. differences between American and English law, or differences between French and German law) will not be examined and it will be assumed that all common law systems are alike in essential respects, and that all civil law systems are also alike in essential respects.2 The papei will not enter into polemic as to which legal system is better and what are the advantages of common law or of civil law The purpose of this short study is simply to highlight some of the main conceptual differences between common law and civil law systems, and to explore the possibilities of reconciling of some of those differences. II. CIVIL LAW AND COMMON LAW COMPARED Notion of Civil Law Civil law has its origin in Roman law, as codified in the Corpus Iuris Civilis of Justinian. Under this influence, in the ensuing period the civil law has been K. ZWEIGERT & H. KOTZ, INTRODUCION IO COMPARATM LAW (3rd Ed. Clarendon

METHODOLOGICAL BASIS OF LEGAL PERSONALITY OF THE STATE (CIVIL ASPECTS)

Journal of Legal, Ethical and Regulatory Issues, 2017

Article deals with the investigation the legal nature of the state. It was found that the state is the allied unity of settled people provided with primary power of primacy. The essence of the state lies in creation of conditions for the development of the civil society, implementation of shared interests of members of society. The state is a means of social compromise of members of civil society. It appears not only as a form of provision of such social compromise, but also as an active and equal member of the relevant legal relations. The ability of the state to be an active participant in social communications configures its natural right that can and should be implemented. As a result, the subject gets legal opportunities for its activities and transformed into a legal person the nature of which is revealed through the signs of interest, will of the subject and its individual separation. Since the state is a union of interests of persons united in the unified social organism for their support, the fact that the legal entity as a legal person synthesizes in itself not only characteristics peculiar to the corporation, but also characteristics peculiar to the state as a legal person is justified. Implementation of the civil capacity of the state is revealed through the institution of representation. The justification of universal character of legal capacity of the state is given. It is proved that the subject of legal relations is not the specified one, the nature of relations in which it stands is also not specified. The volume right of an individual, who is granted with certain powers from the principal, is specified. The special capacity is not peculiar to the state as a legal person, but to a relevant government authority that implements its own competence, for which it has the rights and obligations, exercises the authority, including private-legal sphere.

Essence and Types of Functions of Civil Law

Legal Concept, 2018

Annotation. Introduction. Understanding the system of civil law regulation is impossible without assessing the role and significance of such legal phenomenon as the functions of civil law. The purpose of this article was to consider the essence and types of functions of civil law in conjunction with the doctrine of civil law. The author examines the system of civil law regulation taking into account the assessment of the role and significance of such legal phenomenon as the functions of civil law. With the help of methods of scientific cognition, first of all, the method of system analysis, it is established that the functions of law determine the direction of development of the content of the law. The peculiarity of the functions of civil law is associated with the specifics of both the subject and the method of civil law regulation. As a result of the research, the author comes to the conclusion that the functions of civil law are determined by the doctrine, and the external manifestation of this legal influence by the guiding principles of civil law for all participants of the legal process.

The Impact of New Regulations of Civil Right on Some Forms of Legal Liability

European Journal of Law and Public Administration

We approach the issue of legal liability as it appears in the branches of the private law, in terms of the monist conception which underlies the New Civil Code. This concept implies that in our legal system, the Code mentioned represents a common law for all relations of private life, thing which means that to the subject regarding traditional civil right, were added the other branches of private law, which in one way or another belonged once to the civil right. It is about the individual regulations, on family relationships, commercial relationships or those of private international law. The option for the new Civil Code is a monistic vision which accomplishes the effort of reshaping and reassessment of the traditional institutions of the old regulations, to make them able to respond to the demands of the new realities of Romania's statute as an European Community's member. Among the fundamental institutions of the Romanian law, strongly influenced by the monistic conception, is included the institution of legal liability, as it appears as a direct consequence of violating the norms of private law. We will emphasize the particularities that the responsibility presents, in some areas of private law such as: the Civil Code, commercial, family law, labour law. We shall insist upon the most significant aspects of general nature-the detailed ones are going to be developed later by the legal science.

Features of Interaction Between the State and Civil Society in the Context of the Philosophy of Law

2021

The article explores the notion and peculiarities of the concept of “civil society” in the modern, legal state. In the given research, the author implements a holistic, systematical (methodical) analysis of peculiarities of the relationship between the state and society. Therefore, the theoretical and practical research of problems of development of the relationship between civil society and the state gives an opportunity to find new solutions in problems of cooperation of individual and shared interests. Moreover, the study is also focusing on various approaches of well-known jurists on the essence, content and legislative consolidation of civil society. The author concludes that in recent decades, the philosophy of law took under its active protection the civil society, where the harmonious combination of rights, freedoms and legitimate interests of the person should correspond to public interests. Therefore, the theoretical and practical analysis of interactions between the state...

Rules of Law and Rights-Terminating Legal Facts in the Mechanism of Legal Regulation

Journal of Advanced Research in Law and Economics, 2018

The article is dedicated to the problem of studying the mechanism of legal regulation of social relations as well as one of its elements, namely, the rule of law. Due to the fact that legal regulation is characterized by general properties, laws and tendencies, the issue of rights-terminating legal facts in the mechanism of legal regulation of civil relations is actual and requires in-depth scientific research. The article aims to determine the place of rules of law and rights-terminating legal facts in the mechanism of legal regulation of social relations. The authors come to the conclusion that the mechanism of achieving the aim of legal regulation should be understood as a consistent chain of changes in individual legal phenomena: legal fact, rights and duties which exist in the civil-legal relations that arose on its basis, implementation of these rights and duties, and if necessary, their protection as well

As bases teóricas e metodológicas da instituição de restrições no sistema de status legal do individuo

2018

The paper analyzes the notional, historical, theoretical and methodological elements in the structure of the legal institution of the restrictions on human and civil rights and freedoms in the context of modern scientific views. It formulates the theoretical basis for this legal institution by comprehending the scientific knowledge and the system of appropriate legal norms compared to the international and European legal norms and legal provisions of similar institutions in the foreign countries. The authors examine the essence and purpose of the institution of restrictions in the system of legal regulation. They analyze the terminology of the institution under study and reveal its challenges. Besides, they offer to specify the basic terms and notions used to regulate legal relationships in this area. The analysis enables the authors to define various elements of the institution. Besides, they introduce terminological specifications for some of them. In particular, they define lawfu...