Reference:
Sinitsin S.A..
Closed List of Absolute Rights in Legislation and
Theory of Some States of Continent Europe
// Journal of Foreign Legislation and Comparative Law.
2014. № 2.
P. 203-225.
DOI: 10.7256/1991-3222.2014.2.65143 URL: https://en.nbpublish.com/library_read_article.php?id=65143
Abstract:
The article considers legal content, the necessity of implementation, and the scope of the “closed number”
(Numerus clausus) principle in civil legislation on the example of civil law of the continental Europe countries (France,
Germany, Switzerland, Holland, Russia). The possibility of referring of Numerus clausus to individual, identifying characteristics
of some kind of subjective civil rights, including proprietary and absolute is researched by the author. The meaning of
Numerus clausus as empowerment in the method of civil regulation is proved. The validity of understanding of Numerus
clausus as a principle or as a sign of a certain kind of subjective rights is denied.
Keywords:
absolute rights, corporeal rights, closed list of corporeal rights, Numerus clausus.
Reference:
Merkulova T.A..
New Civil Code of Hungary
// Journal of Foreign Legislation and Comparative Law.
2014. № 2.
P. 226-233.
DOI: 10.7256/1991-3222.2014.2.65144 URL: https://en.nbpublish.com/library_read_article.php?id=65144
Abstract:
The article is about the new Hungarian Civil Code, which entered into force on March 2014 and replaced the Civil
Code of 1959 that has been in force for more than 50 years. The new Civil Code is a code of laws which introduces several
new provisions and significant changes. For example, the very structure of the new Civil Code is different, it consists of 8
volumes, and it incorporates the provision of family law. Besides, the new Civil Code introduces some important changes in
the field of comparative law. It contains provisions on corporate law that were regulated in a separate act. Now norms on
corporate law are incorporated into the new Civil Code as a part of its volume on legal persons. An important provision of
the new Civil Code is the allowance to business partners that they are free to agree on the rules, concerning the functioning
and the operation of the company.
Keywords:
Civil Code, comparative law, corporate law, legal person, contracts, declaration of will, law of domestic relations, last will, law of property, business.
Reference:
Chukovskaya E.E..
National and International Regulation
of Distribution of Compositions in Internet
// Journal of Foreign Legislation and Comparative Law.
2013. № 2.
P. 251-270.
DOI: 10.7256/1991-3222.2013.2.62846 URL: https://en.nbpublish.com/library_read_article.php?id=62846
Abstract:
The article devotes to review of reports and materials presented at the conference “Distribution of Compositions
in Internet. Perspectives of National, European and International Legislation” organized by the Free University of Brussels
(Belgium). Problem questions were discussed during December, 2010 and the whole 2011. This article is based on reports
of the main speakers such as F. Dubuisson (Belgium), K. Geiger (Germany), V. Delforge (Belgium).
Keywords:
Internet, copyright law, copyright holder, information brokers, fundamental human rights and freedoms.
Reference:
Solovyova S.V..
Form of a Nonprofit Activity
according to Legislation of the Member States
and all Over the USA
// Journal of Foreign Legislation and Comparative Law.
2013. № 1.
P. 36-43.
DOI: 10.7256/1991-3222.2013.1.62575 URL: https://en.nbpublish.com/library_read_article.php?id=62575
Abstract:
The present article devoted to the one of the forms of a nonprofit activity which may be performed in the states
and all over the USA. The author analyses the different types of the legal persons, which may be formed for non-business
purpose under the states’ legislation and federal laws.
Keywords:
nonprofit corporation, public (civil) activities, legal person, association.
Reference:
N.N. Breeva.
Trust and Tracing in the Modern World
// Journal of Foreign Legislation and Comparative Law.
2012. № 6.
P. 136-143.
DOI: 10.7256/1991-3222.2012.6.62023 URL: https://en.nbpublish.com/library_read_article.php?id=62023
Abstract:
The author analyses the nature of trusts and tracing procedures in the article. There are no mechanisms of
implementation of such elements as tracing in Russian legislation. The author analyses the reasons of absence of such
mechanisms in legal system of the Russian Federation.
Keywords:
Comparative law, common law, trust, tracing, justice.
Reference:
M.M. Konstantinovsky.
Confidential Management
in Accordance with Chapter 53 of the Civil Code
of the Russian Federation and International Trust Model
// Journal of Foreign Legislation and Comparative Law.
2012. № 6.
P. 144-150.
DOI: 10.7256/1991-3222.2012.6.62024 URL: https://en.nbpublish.com/library_read_article.php?id=62024
Abstract:
The subject of analysis presented in the article is relations connecting with trust.
Keywords:
trust, quasi-trust, legislation, law, property
Reference:
Von Bar C..
Common Frame of Reference
for European Private Law Academic Efforts
and Political Realities
// Journal of Foreign Legislation and Comparative Law.
2012. № 5.
P. 26-33.
DOI: 10.7256/1991-3222.2012.5.58937 URL: https://en.nbpublish.com/library_read_article.php?id=58937
Keywords:
Evropeizatsiya chastnogo prava, kontseptsiya Proekta Obshchei sistemy koordinat evropeiskogo chastnogo prava, pravo, podlezhashchee primeneniyu, funktsiya instrumentariya dlya zakonodatelei, “obshchee dostizhenie” (pravo ES), Komissiya po evropeiskomu kontraktnomu pravu (Komissiya Lando), Printsipy evropeiskogo kontraktnogo prava
Reference:
Sakovich O.M..
Experience of Codification
of Private Law in Czech Republic
// Journal of Foreign Legislation and Comparative Law.
2012. № 5.
P. 34-39.
DOI: 10.7256/1991-3222.2012.5.58938 URL: https://en.nbpublish.com/library_read_article.php?id=58938
Keywords:
chastnoe pravo, dualizm chastnogo prava, reforma chastnogo prava, grazhdanskoe pravo, torgovoe pravo, grazhdanskii kodeks, torgovyi kodeks, Chekhiya.
Reference:
Kanashevsky V.A..
Trusts: Notion and Practice of its Using
in Foreign States
// Journal of Foreign Legislation and Comparative Law.
2012. № 4.
P. 35-41.
DOI: 10.7256/1991-3222.2012.4.61469 URL: https://en.nbpublish.com/library_read_article.php?id=61469
Abstract:
The author analyses the notion and features of trusts, examines the issues of structure of trusts, ways of using
the trusts, relations between trust’s settlers, trustees and beneficiaries.
Keywords:
trust, English law, settler, trustee, beneficiary, protector, trust deed.
Reference:
Gravin D.I..
Warranties and Guarantees
in the English Law Facility Agreement
and Possibility of their Use in Russian Law
// Journal of Foreign Legislation and Comparative Law.
2012. № 4.
P. 42-51.
DOI: 10.7256/1991-3222.2012.4.61470 URL: https://en.nbpublish.com/library_read_article.php?id=61470
Abstract:
This article deals with such English law concepts as warranties and representations, their brief comparison
and legal nature, it sets out the most common warranties and representations used in a facility agreement governed by
English law. Besides, the article deals in detail Russian legal concepts by their legal nature similar to English law warranties
and representations, including information to be provided by an insured while entering into insurance agreement.
This article also considers the consequences of breach of warranties and representations from a point of view of Russian
law including termination of the agreement due to changes of certain circumstances. The author analyses possibility to
apply Russian legal requirements of conditional transactions as specified in Article 157 of the Russian Civil Code as well
as the rules of misrepresentation as a breach of warranties and representations, considers amendments to Russian law
in terms of introduction of the new legal concept of “representation on circumstances”.
Keywords:
warranties and representations, facility agreement, English law, conditional transactions, misrepresentation, termination of agreement.
Reference:
Sinitsyn S.A..
Problems of Judicial Defense
of Proprietary Rights to Real Estate Properties
in Russian Civil Law and German Type Law Orders
// Journal of Foreign Legislation and Comparative Law.
2012. № 4.
P. 52-68.
DOI: 10.7256/1991-3222.2012.4.61471 URL: https://en.nbpublish.com/library_read_article.php?id=61471
Abstract:
The article analyzes, in terms of comparative law, the most pressing challenges of judicial defense of proprietary
rights to real estate in Russian, German, Austrian and Swiss law orders. Special attention is paid to the restructuring
of contemporary Russian civil law.
Keywords:
real estate, immovable property, action for declaration of right, claim for correction of an entry in the land register, register of rights to immovable property.
Reference:
Volkova N.S..
Review of anniversary events of the Institute of Legislation and Comparative Law under the Government of the Russian Federation.
// Journal of Foreign Legislation and Comparative Law.
2010. № 5.
DOI: 10.7256/1991-3222.2010.5.57754 URL: https://en.nbpublish.com/library_read_article.php?id=57754
Abstract:
The article reviews the enlarged meeting of the Academic Council of the Institute of Legislation and Comparative Law under the Government of the Russian Federation devoted to the 85th anniversary of its founding. The reports of Bogolyubov S.A. «Law and Unique State Ecological Policy» and W. Butler «Place of the Russian Law in the World Legal Sphere» were presented during the enlarged meeting. The meeting was attended by the Head of Presidential Administration of the Russian Federation, Chairman of the Board of Trustees of the Institute S.Ye. Naryshkin, heads of the Supreme Court, the Supreme Arbitration Court of the Russian Federation, the Prosecutor General’s Office, the Ministry of Justice, Education and Science, Internal Affairs and other federal ministries and agencies, representatives of the major scientific and educational centers of the country.
Keywords:
Institute of Legislation and Comparative Law under the Government of the Russian Federation, enlarged meeting of the Academic Council, anniversary
Reference:
Zabitov K. S..
Disputes on Appraisal of Minority Shareholders Securities
in the Squeeze–Out Process: Russian Practice
and Foreign Experience.
// Journal of Foreign Legislation and Comparative Law.
2010. № 5.
DOI: 10.7256/1991-3222.2010.5.57755 URL: https://en.nbpublish.com/library_read_article.php?id=57755
Abstract:
The article concerns issues of appraisal of minority shareholders securities in the squeeze–out process. In the research the author also analyzes foreign experience.
Keywords:
Minority shareholders, appraisal right, squeeze–out of minority shareholders
Reference:
Tsomartova F.V..
About Development Tendencies of Legal Regimes of Rental Contracts’ Termination and Eeviction in the Eeuropean Countries.
// Journal of Foreign Legislation and Comparative Law.
2010. № 4.
DOI: 10.7256/1991-3222.2010.4.57721 URL: https://en.nbpublish.com/library_read_article.php?id=57721
Abstract:
The author analyses a social economic grounds of legal regime of rental contracts’ termination and eviction and its constitutional fixing, a structure of legal regulation of these relations, a role of instruments of self regulation in the researching sphere for the exposure and description of tendencies of legal regulation of rental contracts’ termination and eviction in the European countries. The author special attends a category of «security of tenure».
Keywords:
Termination of rental contract, eviction, grounds of eviction, eviction procedure, self regulation, security of tenure
Reference:
Khabrieva T.Ya., Tikhomirov Yu.A..
Constructive Potential of Science — to the 85th Anniversary of the Institute of Legislation and Comparative Law under the Government of the Russian Federation.
// Journal of Foreign Legislation and Comparative Law.
2010. № 4.
DOI: 10.7256/1991-3222.2010.4.57722 URL: https://en.nbpublish.com/library_read_article.php?id=57722
Abstract:
The article describes legislation as a complex social system, substantiates new approaches to the formation of the system of legislation and conceptions of its development, shows the fields of activities and achievements of the Institute of Legislation and Comparative Law under the Government of the Russian Federation in the development of Russian legal science.
Keywords:
Institute of Legislation and Comparative Law; legislation, branches of legislation, system of legislation, application of law, comparative law
Reference:
Volkova N.S., Tsomartova F.V..
To The Issue of Status of Private Educational Organizations
// Journal of Foreign Legislation and Comparative Law.
2010. № 3.
DOI: 10.7256/1991-3222.2010.3.57549 URL: https://en.nbpublish.com/library_read_article.php?id=57549
Abstract:
The article analyzes the problems of legal status of private/non–state educational organizations from the comparative aspect in foreign countries. The authors consider the constitutional foundations of private/non–state educational organizations functioning, legal regime of state and private/non–state education interaction, forms of the state¢s financial participation for private/non–state educational organizations
Keywords:
private/non–state education, status of private/non–state educational organizations, educational process, educational standards
Reference:
Pavlushkin A.V..
Providing of Access of Political Parties, Candidates to Mass Media
// Journal of Foreign Legislation and Comparative Law.
2010. № 2.
DOI: 10.7256/1991-3222.2010.2.57415 URL: https://en.nbpublish.com/library_read_article.php?id=57415
Abstract:
Article is devoted to the questions of maintenance of equal access of candidates and political parties to mass media. Problems of granting of such access to mass media are considered both during election campaign, and during the period between elections
Keywords:
Equality of candidates and political parties, mass media, political advertising, informing about activity of authorities
Reference:
Kashanin A.V..
Securing of Personal Non–property Interest of Author of Creation in Great Britain and USA
// Journal of Foreign Legislation and Comparative Law.
2010. № 2.
DOI: 10.7256/1991-3222.2010.2.57416 URL: https://en.nbpublish.com/library_read_article.php?id=57416
Abstract:
The work covers the problems of efficiency of securing of personal non–property interest of author of creation in the system of copyright. On the base of analysis of both traditional means of securing of such interest and the means that emerged in the result of reform of 1988 the work provides a number of general conclusions regarding the nature of individual non–property rights, the oportunities to execute these rights and also the process of involvement of values, which earlier have been deemed as personal non–property ones, into the property turnover
Keywords:
copyright, intellectual property, result of intellectual activity, intellectual rights, personal non–property rights, exclusive rights, author’s rights, object of copyright
Reference:
Emelyantsev V.P..
The Basic Concepts of Insurance Legal Relation under the Legislation of Germany
// Journal of Foreign Legislation and Comparative Law.
2010. № 2.
DOI: 10.7256/1991-3222.2010.2.57417 URL: https://en.nbpublish.com/library_read_article.php?id=57417
Abstract:
Actual problems of legal regulation of basic elements of insurance legal relation under the legislation of Germany are investigated in the article. The material is stated with prospect of use of positive experience of Germany for the further development of the legislation about insurance and insurance supervision in the Russian Federation
Keywords:
Basic elements of insurance legal relation under the legislation of Germany, a legal status of the insurer and the insured, the insurance agreement, the rights and the responsibilities arising from insurance legal relations, insurance intermediary
Reference:
Gavriluk O.V..
On the Substance of the Legal Term «Trust»
// Journal of Foreign Legislation and Comparative Law.
2010. № 1.
DOI: 10.7256/1991-3222.2010.1.57398 URL: https://en.nbpublish.com/library_read_article.php?id=57398
Abstract:
Theoretical issues of the functioning of the estimative ethical category of trust in the law are examined in this article. On the grounds of studying of works in the field of philosophy, ethics, psychology, political science, economics, pedagogy and law, the author has tried to state the concept of trust in the context of legal relations, particularly labour
Keywords:
Trust, principle of good faith, crisis of trust, relations, labour collective, employee, employer, interpersonal communication, justice
Reference:
Kozyrevskaya L.A..
Normative Fixation of Control Function in Corporations in Russian and Foreign Law
// Journal of Foreign Legislation and Comparative Law.
2010. № 1.
DOI: 10.7256/1991-3222.2010.1.57399 URL: https://en.nbpublish.com/library_read_article.php?id=57399
Abstract:
The problems of organization of corporate control in the law of Russia, Belarus, Ukraine and Latvia are examined in this article. The legal status of supervisory board (board of directors) and revisory commission (revisor) are described as principal questions and objects of activity, powers and responsibilities of these bodies are analyzed. The possible ways of improvement and harmonization of law of Belarus and the Russian Federation are concluded
Keywords:
Comparative law, corporate relations, corporate control, administration and control bodies, revisory commission, corporate responsibility harmonization of law, supervisory board, general and special corporate control
Reference:
Ergashev V.Yo..
Some Issues of Compulsory Termination of the Property Rights in Uzbek civil Legislature
// Journal of Foreign Legislation and Comparative Law.
2010. № 1.
DOI: 10.7256/1991-3222.2010.1.57400 URL: https://en.nbpublish.com/library_read_article.php?id=57400
Abstract:
The most topical matters of compulsory termination of the property rights in the forms of requisition and nationalization are analyzed in this article. The author emphasizes that the legal rules of the Civil Code, which regulate the process of requisition and nationalization, are vague and too much general. In the opinion of the author this kind of imperfections in the current legislature could lead to some violations of the proprietors’ property rights. Thereby the author’s worthwhile recommendations and propositions on how to further perfect the provisions of Uzbek civil legislature regulating the relations in the process of compulsory termination of the property rights are given in the conclusive part of the article
Keywords:
property right, termination of the property right, nationalization, requisition, property, proprietor, compensation
Reference:
O.V. Gavriluk.
The Problems of Compensation for Moral Damage to the Employee on the Example of Legislation of Foreign Countries
// Journal of Foreign Legislation and Comparative Law.
2009. № 4.
DOI: 10.7256/1991-3222.2009.4.57492 URL: https://en.nbpublish.com/library_read_article.php?id=57492
Abstract:
This article deals with urgent problems of the legal mechanism of protection workers’ rights, in particular, the application of moral damage in labor relations. The purpose of this article is to provide the reader information about the features of the functioning of the institute of compensation for moral damage in the different legal systems, to compare the norms of Foreign and Russian legislation and justify the need for appropriate changes in the domestic legal acts. Particular attention is paid to the employees’ compensation for moral damage in case of breach of his employment rights.
Keywords:
comparative law, labor law, the mechanism of protection, moral hazard, compensation for moral harm, the ground of liability, protection of labor rights, honor, dignity, business reputation, improvement of legislation.
Reference:
T.A. Merkulova.
Foreign Participation in Economic Activity of Hungary
// Journal of Foreign Legislation and Comparative Law.
2009. № 4.
DOI: 10.7256/1991-3222.2009.4.57493 URL: https://en.nbpublish.com/library_read_article.php?id=57493
Abstract:
The main goal of the article is to present information about foreign investment legislation, to study the Hungary legislation about creation and activity of foreign investment societies and partnerships and the opportunities of such organizations
to have activity in the other forms.
Keywords:
foreign investment, legislation, foreign investor, partnership
Reference:
Fake F.F..
Anatomy of Moral Harm: Classical Interpretation in Anglo-American Law
// Journal of Foreign Legislation and Comparative Law.
2009. № 3.
DOI: 10.7256/1991-3222.2009.3.56996 URL: https://en.nbpublish.com/library_read_article.php?id=56996
Abstract:
The article examines the concept of moral damage in the Anglo-American law. The author explores the nature of the main varieties of moral harm, as well as forms and methods of protection of violated rights and interests on the basis of summarizing a large array of practices of American courts from 1838 to 2006
Keywords:
moral harm, tort, liability, Anglo-American law
Reference:
Fake F.F..
Modern Concepts of Self-Regulation in Russia and Abroad
// Journal of Foreign Legislation and Comparative Law.
2009. № 3.
DOI: 10.7256/1991-3222.2009.3.56997 URL: https://en.nbpublish.com/library_read_article.php?id=56997
Abstract:
In the article the author examines the modern concept of self-regulation; focuses on various types of self-regulation proposed in the English and Russian legal literature; examines Russian law on self-regulatory organizations
Keywords:
concepts of self-regulation, self-regulatory organization, a mandatory self-regulation, mandated self-regulation, enforced self-regulation, voluntary self-regulation
Reference:
Fake F.F..
Evolution of the Rules Regulating the Institution of Waqf in the Legislation of Islamic States
// Journal of Foreign Legislation and Comparative Law.
2009. № 3.
DOI: 10.7256/1991-3222.2009.3.56998 URL: https://en.nbpublish.com/library_read_article.php?id=56998
Abstract:
The article analyzes the development of the Institute of Islamic Waqf on the example of the legal system of Jordan
Keywords:
Waqf, the Civil Code of Jordan, charitable waqf, a family waqf
Reference:
Fake F.F..
Limited Liability Companies According to German Law: Its Founding and Internal Structure
// Journal of Foreign Legislation and Comparative Law.
2009. № 3.
DOI: 10.7256/1991-3222.2009.3.56999 URL: https://en.nbpublish.com/library_read_article.php?id=56999
Abstract:
The article describes the history of the formation of limited liability companies in Germany, as well as their characteristics. The necessity of the conditions for the establishment of limited liability companies and their internal organization. Paper contains a comparative analysis of legislation of Russia and Germany on the legal regulation of limited liability companies
Keywords:
limited liability Company, institution, internal organization, the scope of societies legislation of Russia and Germany
Reference:
Belikova K.M..
Control on Reorganization of Legal Persons by Means of Fusion and Incorporation within the Framework of MERCOSUR
// Journal of Foreign Legislation and Comparative Law.
2009. № 2.
DOI: 10.7256/1991-3222.2009.2.56888 URL: https://en.nbpublish.com/library_read_article.php?id=56888
Abstract:
The article deals with approaches of antimonopoly enforcement bodies of MERCOSUR (Southern Common Market) countries to the mechanism of control over reorganization of legal persons by means of fusion and incorporation. The author considers the main idea of such a control is to prevent “excessive” concentration as long as it results badly in economic and social sphere and the said influence exceeds it`s positive effect.
Special attention is given to normative acts on protection of competition of Argentine, Brazil, Venezuela, Uruguay etc.
Key words: comparative law, MERCOSUR, Southern Common Market, competition protection, “economic concentrations”, control over fusions of undertaking, reorganization of legal persons, EU
Reference:
VYGOVSKIY A.I..
Modern Tendencies of Harmonization of Legislation for Issuing and Placement of Securities
// Journal of Foreign Legislation and Comparative Law.
2009. № 2.
DOI: 10.7256/1991-3222.2009.2.56889 URL: https://en.nbpublish.com/library_read_article.php?id=56889
Abstract:
The article deals with the issues of harmonization of legislations regulating the securities markets within the framework of regional international organizations. It covers the main aspects of the issues, offerings and trading in securities, regulated by the EU Directives, scrutinizes the activities of the Eurasian Economic Community and IOSCO in the said sphere, summarizes the results of the harmonization processes up to now. The article would be of interest for the lawyers specializing in European and International Law, legal regulation of securities markets, as well as all those who are interested in the harmonization and unification issues in securities regulation.
Key words: Comparative legislation, securities, harmonisation, EU Directives, Eurasian Economic Community, IOSCO, unification, globalisation, regional integration, issuer Contact the author:
Phone:
(+38) 093 407 79 70
Reference:
MANUKYAN M.A..
Determination of the Personal Law of a Legal Person in the European Law: Problems of Application of the "Real Seat" Theory
// Journal of Foreign Legislation and Comparative Law.
2009. № 2.
DOI: 10.7256/1991-3222.2009.2.56890 URL: https://en.nbpublish.com/library_read_article.php?id=56890
Abstract:
In the article legal consequences of transfer of company’s registered office, administrative centre and main place of business on the base of the practice of the ECJ is examined. The author reveals essential changes in the EC law in the sphere in connection with decisions of the ECJ in cases Centros, Überseering and Inspire Art. It is shown in the article, that by virtue of stated decisions EC member-states had to initiate modification of “real seat” theory or change it into incorporation theory with its special form. The author reveals the development of law and practice of France, Germany, Austria and Belgium. Moreover, it is shown that the ECJ decision in Cartesio case did not lead to the alteration of the EC law on the question of retaining personality of a company in its state of registration when transferring its seat.
Keywords: comparative law, modification, “real seat” theory, EC law
Reference:
Bahanenka U.A..
Legal Environment of Real Estate (a Model of Finland)
// Journal of Foreign Legislation and Comparative Law.
2009. № 1.
DOI: 10.7256/1991-3222.2009.1.56619 URL: https://en.nbpublish.com/library_read_article.php?id=56619
Abstract:
The article deals with certain aspects of legal environment of real estate in Finland. The author studies Finnish legislation on real estate and procedure for registration of the title.
Key words: comparative studies, real estate, registration, cadastre, code, district, court, leasehold, list, titles Contact the author: Bahanenka Uladzimir Antonavich redictor
yandex.ru
Reference:
Kersh Mahdi Hasan.
Insurance within the Framework of Sharia
// Journal of Foreign Legislation and Comparative Law.
2009. № 1.
DOI: 10.7256/1991-3222.2009.1.56620 URL: https://en.nbpublish.com/library_read_article.php?id=56620
Abstract:
The article covers attitudes towards insurance within the framework of Sharia under Palestinian law. The author states that Muslim fakihs differ in opinion concerning insurance. Some of them contend that Islam completely forbids insurance, others think insurance is allowed, still others approach a position supporting some kinds of insurance and denying others.
Key words: comparative law, insurance, life insurance, property insurance, Sharia, Palestine, gambling, “dubious contracts”, Islamic legislation
Eng
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