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Journal articles on the topic 'Civil law'

Author: Grafiati

Published: 4 June 2021

Last updated: 29 July 2024

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1

Mollo, Anna Anita. "Book Review Mauro Bassanini, Antony J. Sebok, Marta Infantino, Common Law and Civil Law Perspectives on Tort Law, New York, NY: Oxford University Press, 2022." puntOorg International Journal 9, no. 2 (July 23, 2024): 231–34. http://dx.doi.org/10.19245/25.05.pij.9.2.9.

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The work by Bassanini, Sebok and Infantino, published by Oxford University Press, is an interesting and in-depth analysis of the law of civil liability, in five legal systems: England, the United States, France, Germany and Italy. The analysis starts from the identification of this area of law, as named in the different legal systems as “tort law”, “responsabilité civile”, “Deliktsrecht”, “responsabilità civile” The work contains a lucid, wide-ranging and detailed comparison between the Common Law and Civil Law systems selected with specific reference to the «civil liability for injuries arising outside of contract»

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2

Maggs, Peter B., Olimpiad S. Ioffe, O. N. Sadikov, William B. Simons, Lucy Cox, and Arlo Schultz. "Soviet Civil Law." Russian Review 48, no. 2 (April 1989): 227. http://dx.doi.org/10.2307/130359.

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3

Merryman, John. "Civil Law Tradition." American Journal of Comparative Law 35, no. 2 (1987): 438. http://dx.doi.org/10.2307/840406.

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4

Ioffe, Olimpiad S. "Soviet Civil Law." Review of Socialist Law 14, no. 1 (1988): 209. http://dx.doi.org/10.1163/187529888x00103.

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5

Nikolova-Marković, Aleksandra. "Civil law between law and precedent." Megatrend revija 19, no. 3 (2022): 349–58. http://dx.doi.org/10.5937/megrev2202349n.

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The most obvious difference between civil law and the common law system is that the civil law system is a codified system, followed by legislation covering this area, while common law is based mainly on case law. The basic principle that applies is that earlier court decisions, usually of higher courts, made in a similar case, should be followed in later cases, ie that precedents should be respected. The paper points out that in civil law the main principles and rules are contained in the text of the law, while case law is only a secondary source of law. On the other hand, common law is predominantly based on court decisions already made. Civil law is based on the application of the law, and common law on the creation of rights. Courts in the civil law system resolve specific cases by applying and interpreting legal norms, while in common law courts, while resolving disputes, and also provide guidance on how similar disputes should be resolved in the future, so that court decisions create legislation.

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6

Gruzdev, Vladislav V., and Anna M. Chupina. "Coordination in Civil Law." CIVIL LAW 2 (April 12, 2018): 16–18. http://dx.doi.org/10.18572/2070-2140-2018-2-16-18.

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7

Boldyrev, V. A. "THE CIVIL LAW STATISTICS." METODOLOGICAL PROBLEMS OF THE CIVIL LAW RESEARCHES 3, no. 3 (January 1, 2021): 232–56. http://dx.doi.org/10.33397/2619-0559-2021-3-3-232-256.

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Introduction: comparison of dissertations in civil law with dissertations in other legal specialties, especially the criminal law cycle, inevitably leads to the idea that there are no fundamental civil law works in Russian legal science, which would be based on a statistical analysis of empirical material. Dissertation candidates often confirm or deny by one or another case or a set of them their idea, which has real or imaginary scientific value. Often, the study of a wide group of cases becomes the foundation for deep scientific conclusions, changes in the initial views of the dissertation candidate or the proposal of new hypotheses, however, in these cases, the authors’ observations are not statistical. The very statement about the insufficient use of statistical methods in civil law science requires not just a declaration with an indication of its obviousness, but direct evidence of this circumstance. Purpose: to confirm or refute the thesis about the rare use of statistical methods in civil law research, to establish the reasons for the rare use (if the thesis is confirmed). Methods: formal logical methods, statistical methods, comparative method are used. Results: the thesis about the rare use of statistical methods in civil law research is confirmed. The index of the objective conditionality of the use of statistical methods in legal research is proposed. The index shows that the role of the conditionally subjective component, that is, the established traditions of conducting scientific research in various specialties, is important, but not decisive for characterizing the methodological foundations of conducting scientific research. The choice by a particular researcher of statistical methods of conducting scientific work is determined by two main quantitative parameters of conducting research work by the entire scientific community in the relevant specialty: (a) the breadth of the sector of the analyzed legal reality, including the volume of legislation regulating public relations; (b) the number of researchers working in the relevant field.

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8

Zheng, Henry R. "China's New Civil Law." American Journal of Comparative Law 34, no. 4 (1986): 669. http://dx.doi.org/10.2307/840328.

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9

F., J., and John Henry Merryman. "The Civil Law Tradition." American Journal of Comparative Law 34, no. 4 (1986): 821. http://dx.doi.org/10.2307/840339.

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10

Kern, Stanley R. "“Insanity” in Civil Law." Journal of Forensic Sciences 31, no. 3 (July 1, 1986): 11129J. http://dx.doi.org/10.1520/jfs11129j.

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11

Kozlova, Nataliya, and Sofya Filippova. "Custom in Civil Law." Journal of Russian Law 7, no. 1 (March 18, 2019): 1. http://dx.doi.org/10.12737/art_2019_1_6.

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12

de Kogel, C. H., W. M. Schrama, and M. Smit. "Civil Law and Neuroscience." Psychiatry, Psychology and Law 21, no. 2 (August 6, 2013): 272–85. http://dx.doi.org/10.1080/13218719.2013.808978.

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13

Hoffheimer, Michael H. "Law in Civil Society." Owl of Minerva 28, no. 1 (1996): 122–28. http://dx.doi.org/10.5840/owl199628129.

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14

Baker, Lee W. "Making civil rights law." Public Relations Review 20, no. 4 (December 1994): 399–400. http://dx.doi.org/10.1016/0363-8111(94)90102-3.

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15

Cherneha, V. M. "Atypical civil law provisions." Analytical and Comparative Jurisprudence, no. 3 (July 18, 2023): 132–42. http://dx.doi.org/10.24144/2788-6018.2023.03.24.

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The article is devoted to the vision of atypical civil law provisions. It was found that the state of scientific opinion regarding atypical civil law provisions is irrelevant to the demands (needs) of the time. The subject of the study is atypical civil law provisions. The purpose of the study is to solve a scientific problem, which consists in developing a theoretical concept of atypical civil law provisions. The concept of atypical civil law provisions is defined as peculiar rules embodied in civil legislation (civil law goals-provisions, civil law principles-provisions, civil law definition-provisions, temporal civil law provisions, conflict civil law provisions, operational civil law provisions), which have a two-element structure (hypothesis and disposition ) and do not establish specific legal models of behavior of participants in civil relations, and the functional potential of which in the mechanism of legal regulation of civil relations depends on a certain type of such civil law provisions. It was determined that the atypical civil law provisions include: first, civil law goals-provisions; secondly, civil law principles-provisions; thirdly, civil law definition provisions; fourthly, temporal civil law provisions; fifth, operative civil law provisions; sixth, conflicting civil law provisions. The research is based on general scientific and special legal scientific methods of cognition. Using the historical-legal method, the evolution of atypical civil law provisions (civil law definition-provisions and operative norms of civil law) is outlined. Using the formal-logical method, the following author’s definitions were developed: a) atypical civil law provisions; b) civil law goals provisions; c) civil law principles-provisions; d) civil law definition-provisions; e) civil law temporal provisions; e) civil law operational provisions; e) conflict civil law provisions. The combination of systemic and structural-functional analysis made it possible to determine the types of atypical civil law provisions. Acts of civil legislation of Ukraine are the normative-legal base for the study of civil law goals-provisions, civil law principles-provisions, civil law definition-provisions, civil law temporal provisions, conflict civil law provisions, civil law operational provisions.

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16

Wang, Haijun. "The general principles of civil law and development of Chinese civil law." Vestnik of Saint Petersburg University. Law 9, no. 3 (2018): 413–21. http://dx.doi.org/10.21638/11701/spbu14.2018.310.

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17

Ghanbari, Nader, Hassan Mohseni, and Dawood Nassiran. "Comparative Study of Civil Procedure in Common Law and Civil Law Systems." Journal of Politics and Law 9, no. 5 (June 29, 2016): 267. http://dx.doi.org/10.5539/jpl.v9n5p267.

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Comparing the legal systems is a specific method in which due to its important function is considered as a separate branch in law. None of the branches in law can place its knowledge merely on ideas and findings within the national borders. Several basic objections have been given regarding the definition and purpose of comparative study in civil procedure. In addition there are specific problems regarding studying practically the similar systems in a legal system like differences in purpose, definition and concept. In different legal systems like civil law and common law systems in which there is a divergence, even the judicial system`s organs and judges` appointment and judicial formalism are different, which add to the problems of the comparative study. Reviewing these differences could lead to a better understanding of these legal systems and recognizing the common principles in making use of each other`s findings considering these differences and indicate the obstacles of comparative study in this regard.

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18

Monastyrsky, Yu. "Civil law liability for non-performance of obligations in Russian civil law." Russian Juridical Journal, no. 6 (2022): 54–63. http://dx.doi.org/10.34076/20713797_2022_6_54.

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19

Lysenko, Iryna, Andrii Lysenko, Liudmyla Perevalova, and Hanna Hariaieva. "CIVIL AND SPORTS LAW AS A SUB-BRANCH OF UKRAINIAN CIVIL LAW." NAUKA I PRAVOOKHORONA 56, no. 2 (2022): 256–64. http://dx.doi.org/10.36486/np.2022.2(56).25.

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20

조효경. "Concept of Traditional Civil Law and Modern Civil Law System : Re-discussing the Value of the Chinese Ancient Civil Law." 법사학연구 ll, no. 46 (October 2012): 29–77. http://dx.doi.org/10.31778/lawhis..46.201210.29.

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21

송재일. "Customary Law as Source of Civil Law." Seoul Law Review 20, no. 1 (May 2012): 151–204. http://dx.doi.org/10.15821/slr.2012.20.1.005.

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22

Quigley, John. "Socialist Law and the Civil Law Tradition." American Journal of Comparative Law 37, no. 4 (1989): 781. http://dx.doi.org/10.2307/840224.

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23

LOPEZ-ROSARIO, MARIA LIZA. "Natural Moral Law and Philippine Civil Law." Philippiniana Sacra 43, no. 128 (2008): 343–53. http://dx.doi.org/10.55997/ps2004xliii128a4.

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24

Rymarchuk, R. M. "THE COMMON LAW AND CIVIL LAW TRADITIONS." Juridical scientific and electronic journal, no. 3 (2023): 191–93. http://dx.doi.org/10.32782/2524-0374/2023-3/43.

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25

Kolobylina, O. O. "Civil contract as an institution of civil law." Bulletin of Kharkiv National University of Internal Affairs 103, no. 4 (December 25, 2023): 74–79. http://dx.doi.org/10.32631/v.2023.4.06.

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The article argues that civil law is a branch of law which regulates property and personal non-property relations between individuals and/or legal entities based on the principles of equality, free expression of will and protection of rights and legitimate interests of participants to civil legal relations. Civil law includes rules that establish the basis for the creation, modification and termination of civil relations, as well as determine the procedure for the protection of violated civil rights. It has been stated that a civil contract as an institution of civil law is a voluntary agreement in which the parties to the contract express a single will aimed at establishing, changing or terminating civil rights and obligations and achieving certain civil law consequences in the appropriate form. The author identifies the following key features of a civil law contract (agreement): like any contract, it is concluded on a voluntary basis, however, its parties are equal and bear mutual responsibility for non-performance and/or improper performance of their obligations; the contract is personalised; stability of the contract (agreement) terms which remain in force until they are changed by agreement of the parties or until the contract expires in accordance with the stipulated terms; flexibility of terms and conditions, since the parties have the right to determine their own terms and conditions of the contract, in particular, price, terms, scope, etc.; the scope of a civil law contract is broad, and may include issues related to the sale and purchase of goods, services, loans, lease of property, etc.; a civil law contract is an important source of civil law.

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26

Drakić, Gordana, and Uroš Stanković. "Roman law in Pavle Šeroglić's work: Part one: Reception of Greek law in Roman law, theory of law, property law, law of obligations." Zbornik radova Pravnog fakulteta, Novi Sad 57, no. 2 (2023): 399–414. http://dx.doi.org/10.5937/zrpfns57-45024.

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The article sheds light on the regulations of Roman law appearing in the works of Pavle Šeroglić, the first reviewer of Serbian Civil Code (1844) (The Review of the Civil Code for the Serbian Principality, Promulgated on 25 March 1844 (Pregled Zakonika građanskog za Knjažestvo srbsko, 25. marta 1844. obnarodovanog, published in Bačka vila 4/1845, 114-187), Counterresponse to Response of Mister Miloš Svetić in the Third Linguistic Counterattack (Replika na odgovor gospodina Miloša Svetića u Utuku III. Jezikoslovnome, Novi Sad 1847) and Civil Law in Croatian-Slavonian and Serbian-Banat Military Border (Građansko parvo u c.k. Hrvatsko-slavonskoj i Srpsko-banatskoj Vojničkoj granici, Šeroglić's undated and unpublished commentary of Austrian General Civil Code, kept in the archival materials of Sremski Karlovci Grammar School in the Archives of Serbian Academy of Sciences and Arts in that town. The provisions of civil law cited by Šeroglić are sorted by similarity with necessary clarifications thereto. This paper, being the first of two sequels of the article related to Šeroglić's accounts on Roman law, shall shed light on the author's fragments on is Greek legal transplants in Rome, theory of law, property law and law of obligations, whereas the passages in relation with other branches of Roman law shall be scrutinized in the follow-up article.

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27

Harb, Ibrahim Moheisen. "New Demand in Civil Appeal." Journal of Law 10, no. 1 (January 1, 2013): 223–72. http://dx.doi.org/10.12785/law/100106.

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28

Tohamy, Sameh A. "Civil Liability for Genetic Counseling." Journal of Law 12, no. 02 (October 1, 2015): 388–435. http://dx.doi.org/10.12785/law/120210.

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29

Panchenko, S. "CIVIL CONTRACT AS SOURCE OF CIVIL CONTRACT LAW." “International Humanitarian University Herald. Jurisprudence” 1, no. 42 (2019): 87–90. http://dx.doi.org/10.32841/2307-1745.2019.42-1.19.

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30

Fleiner, Thomas. "Discrepancies between Civil Law and Common Law Federations." Max Planck Yearbook of United Nations Law Online 19, no. 1 (May 30, 2016): 368–418. http://dx.doi.org/10.1163/18757413-00190014.

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Over the last decade, missions of the UN have assisted with constitutional reforms including issues of federalism. The hopes for peace with regard to federal structures have often failed. This paper elaborates possible reasons why these hopes were disappointed. It will show that one should understand the differences between Common Law and continental systems with regard to federalism. Some experts from Common Law countries fail to appreciate the substantial difference between federal Constitutions embedded in a Civil Law culture and those embedded in a Common Law culture. The reasons for the success or failure of past, present and future federal reforms may help to improve UN activities in this field. States of the Common Law tradition are not collective units, which have to steer their society. The Jacobins of the French Revolution, considered the State as their instrument to transform feudal society into a society of equal individuals. The Civil Law tradition has its roots in the French Revolution and in the sovereignty of the national legislative assembly as the only legitimate lawmaker of the State. The unity of the law does not depend on decisions of courts but only on the legislature. Constitutions of Civil Law federations need to enable the specified governmental branches of the federation to impose sanctions against federal units that fail to comply with federal laws. According to the perspective of the Civil Law one has to deal with two ‘States’ claiming sovereignty in a hierarchy, while from the perspective of the Common Law one has to deal with mere ‘governments.’ Constitutions of multicultural federations embedded within the Civil Law culture will have to empower not just the federation but also the federal units to develop the different cultural identities. To foster different cultures is however, not a major function of the State of the Common Law tradition. Federalism of the Civil Law tradition is more complex than according to the Common Law tradition. Important differences between federations of a Common Law and Civil Law tradition lies in the lawmaking power of the courts. In Common Law, courts and legislature share the task of lawmaking; in Civil Law countries, the legislature regulates all issues of civil and criminal law. In a Civil Law country, legislatures, executives and courts cannot function if there is no valid local Constitution empowering those branches of the federal units. Thus, the federal Constitution of a civil law country has to establish the powers of the governmental branches of the federal units. Within federal system of the Civil Law, the federal units administer, implement and execute the laws of the federation. Constitutions of Civil Law federations need special provisions for the power of the federation to control and implement federal laws in the federal units. The civil law judiciary has no contempt of court against the administration and against authorities of federal units.

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31

Sanford, Jonathan J. "What Does the Law Have to Do with Virtue?" National Catholic Bioethics Quarterly 23, no. 3 (2023): 421–30. http://dx.doi.org/10.5840/ncbq202323336.

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In light of truths expressed by Thomas Aquinas and in lawyers’ oaths, lawyers sworn to uphold the civil law must work toward the goal of teaching and gradually encouraging citizens to have the inner virtues that would make civil law itself irrelevant. This follows from claims central to the civic and the Catholic intellectual traditions: the civil law is a teacher, its effect ought to be the promotion of virtue, and virtuous living is constitutive of the common good. Natural law undergirds and gives substance to the civil law, which nonetheless should only demand under fear of punishment what is followable for the majority of men, given the needs of good public order and the habits and customs of their country.

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32

Radolović, Aldo. "Pravna znanost kao izvor građanskog prava." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 41, no. 1 (2020): 177–91. http://dx.doi.org/10.30925/zpfsr.41.1.8.

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Civil law science in civil law itself is cited as a secondary, "indirect", almost less important source of civil law. Some recent tendencies, however, say the opposite - that the science of civil law is the primary source of civil law because the judge makes judgments according to the knowledge of law acquired during his studies and in later professional career. That is why talking about the civil law science as a source of this science is also a conversation about the education of lawyers at law faculties and the extension of this process after graduation. In the Republic of Croatia at this time we see significant problems in both directions and even a lag that would be desirable to overcome as soon as possible.

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33

Spaić, Bojan. "The Authority of Precedents in Civil Law Systems." Studia Iuridica Lublinensia 27, no. 1 (May 28, 2018): 27. http://dx.doi.org/10.17951/sil.2018.27.1.27.

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34

Pree, Helmuth. "Schadenersatz: Common Law und Civil Law Im Vergleich." Archiv für katholisches Kirchenrecht 182, no. 2 (June 24, 2013): 353–85. http://dx.doi.org/10.30965/2589045x-18202002.

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35

Abduh, Rachmad, and Ida Hanifah. "Certainty of Jurisdiction Law in Civil Law System." Randwick International of Social Science Journal 1, no. 2 (August 1, 2020): 120–25. http://dx.doi.org/10.47175/rissj.v1i2.52.

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The Yoruba people have lived harmoniously as a kin for as long as the tribe has been in existence without religious strain despite the myriads of choices of beliefs that their traditional religion (Iseese) offered; and also, with the advent of foreign religions, Christian and Muslims have continuously live together in Yoruba land, often in harmony with practitioners of Yoruba traditional religion. In the recent age, there has been a curve of trend as the tribal relationships among the Yoruba people have gradually been eroding due to increasing infiltrations and activism of religion extremists. This research examined the damage religious sectarianism wreaked on the kinship relationship among the Yoruba folks. The research was qualitative, and situated within fundamentalism theory, a religious philosophy which depicts advocacy and strict adherence to a religious doctrine or belief. Data collections which are based on both primary and secondary sources are participatory, observatory and library oriented. It is concluded that religion has done more harm than good, but the situation can be redeemed with good understanding of the intended purpose of religion ingrained in the religious zealots.

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36

Paroń, Łukasz. "REGULATION OF CIVIL LAW EMPLOYMENT OR EMPLOYMENT LAW?" Roczniki Administracji i Prawa specjalny, no. XXI (December 30, 2021): 229–37. http://dx.doi.org/10.5604/01.3001.0015.6108.

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Performance of work on a basis other than an employment relationship takes various forms. Predominantly, it takes place based on civil law relationships, which are characterised by the principle of freedom of contract, which results in the possibility of freely shaping the content of any such legal relationship. However, recent years are marked by a gradual increase in regulations of employment other than based on contracts of employment, i.e. based on civil law contracts. Introducing a minimum hourly wage, limiting employment in trade on Sundays and public holidays, providing temporary work under civil law contracts or the much earlier widespread granting of employment rights to contractors in the putting-out system and, above all, granting the right to safe and hygienic working conditions to everyone who performs work justifies asking questions about future developments.

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37

Young-Bok Park. "Education on the Civil Law at Law School." HUFS Law Review 42, no. 3 (August 2018): 103–33. http://dx.doi.org/10.17257/hufslr.2018.42.3.103.

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38

Angelo, A. H., and Ashleigh Allan. "Common Law Equity in a Civil Law Country." Victoria University of Wellington Law Review 44, no. 3/4 (November 1, 2013): 427. http://dx.doi.org/10.26686/vuwlr.v44i3/4.4992.

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This article serves to introduce an aspect of current research related to the review of the Seychelles Civil Code and the important question of the role of trusts. The Civil Code is based on the Code Napoléon and has therefore no provision for the trust of English law. The Courts of Seychelles have, however, a statutory equitable jurisdiction. That jurisdiction has given rise to the question whether the trust of England may be able to operate in Seychelles. The prime area of discussion of this possibility has been in relation to the property rights of the parties to a failed concubinage relationship. This article focuses on that discussion.

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39

Pree, Helmuth. "SCHADENERSATZ: COMMON LAW UND CIVIL LAW IM VERGLEICH." ARCHIV FÜR KATHOLISCHES KIRCHENRECHT 182, no. 2 (November 24, 2013): 353–85. http://dx.doi.org/10.1163/2589045x-182-02-90000002.

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40

Springborg, Patricia. "Hobbes, civil law, liberty and theElements of Law." Critical Review of International Social and Political Philosophy 19, no. 1 (January 2, 2016): 47–67. http://dx.doi.org/10.1080/13698230.2015.1122354.

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41

Polontoh, Herry, and Frans Reum. "Fiduciary in Civil Law and Bankruptcy Law Perspective." Jurnal Indonesia Sosial Teknologi 5, no. 4 (April 21, 2024): 1454–63. http://dx.doi.org/10.59141/jist.v5i4.1006.

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The fiduciary gives the creditor the right to pledge his property to the debtor as security for the debt given. In practice, there are often disputes between creditors and debtors related to fiduciaries. This dispute can occur due to various factors, such as the default of the debtor or the bankruptcy of the debtor. The purpose of this study is to identify and analyse the regulation and practice of fiduciaries from the perspective of civil law and bankruptcy law. This study used normative research methods. Data collection techniques are carried out by literature study. The data that has been collected is then analysed in three stages, namely data reduction, data presentation and conclusions. The results showed that fiduciaries, in the perspective of civil law and bankruptcy law, are a type of guarantee provided by fiduciaries to other parties in terms of collateral transactions. Fiduciaries are generally included in the fiduciary guarantee, which is a guarantee received by the party applying for financing to guarantee payments to be made by the fiduciary to the party applying for financing. From a civil law perspective, legal liability is for a fiduciary who transfers or leases the object of a fiduciary guarantee to another party without the written consent of the fiduciary beneficiary. Whereas in the perspective of financial law, a fiduciary assigns or leases the object of fiduciary guarantees to another party without the written consent of the fiduciary recipient.

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42

Sergiienko, N. "Intersectional relations between executive law and civil law of Ukraine." National Technical University of Ukraine Journal. Political science. Sociology. Law, no. 1(49) (June 8, 2021): 169–75. http://dx.doi.org/10.20535/2308-5053.2021.1(49).233158.

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The scientific article is devoted to analyze the intersectional relations between executive law of Ukraine and civil law of Ukraine. The classification of forms of intersectional relations, offered by M.Yu Chelyshev, was taken as the ground of theoretical and methodological base of scientific research the intersectional relations between executive law of Ukraine and civil law of Ukraine. Even though this scientist-lawyer researched the intersectional relations of civil law, grounding on the subject of his scientific researches, his classification is stated as universal and grounded enough and can be used for different legal researches. In the scientific article the intersectional relations between executive law of and civil law of Ukraine are discovered though direction as follows: 1) intersectional interaction between executive law of Ukraine and civil law of Ukraine (it represents by using in executive law definitions and constructions of civil law. As an example of definitions and constructions of civil law, that are used in executive law, can be stated the definition of agreement); 2) intersectional influence between executive law and civil law (it represents by mutual influence of compositions of executive law and civil law, especially norms and institutions. The bright example of that mutual influence is the legal status of some kinds of property on the context of forfeiture the property – some kinds of property are out of forfeiture in the executive process, despite that property are out of turnover restrictions); 4) intersectional legal and collision regulation (it represents by direct and indirect mutual renvois between civil legislation and executive legislation. As an example can be used the direct renvoi to art. 28 of The Civil Code of Ukraine from subpar. 5 par. 2 sec. III of The Instruction of Compulsory Execution Organization, approved by The Ministry of Justice of Ukraine from 02.04.2012 under № 512/5).

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43

Hadiningrum, Sri, Dewi Pika Lbn Batu, Syuratty Astuti R. Manalu, and Maryatun Kabatiah. "THE IMPACT OF DIGITAL POCKETBOOK IN CIVIL LAW COURSE TO IMPROVE STUDENT LEARNING INDEPENDENCE." Akademika 12, no. 02 (December 31, 2023): 525–32. http://dx.doi.org/10.34005/akademika.v12i02.3334.

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The aim of this study is to analyze how using a digital pocketbook can enhance students' learning independence in civil law classes. Understanding the laws controlling the legal relationships between people/individuals and legal entities is possible through civil law courses offered by the Pancasila and Civic Education Departments. This study employed a descriptive quantitative methodology. Fifth-semester Universitas Negeri Medan civic education students served as the research subjects. Observation, interviews, and documentation were used to gather the data; data reduction involved choosing, focusing on, and simplifying the data; data display involved presenting the data in a table and figure; and conclusion involved providing meaning, confirming, and verifying the data. The outcomes demonstrated that utilizing the digital pocketbook effectively increased student learning independence. The average student questionnaire response rate for Digital Pocketbook in civil law courses is 84.58%. Thus, it could be concluded that learning independence is impacted by digital pocketbooks, using digital pocketbooks in civil law classes can help students become more independent learners.

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Geistfeld, Mark. "Tort Law and Civil Recourse." Michigan Law Review, no. 119.6 (2021): 1289. http://dx.doi.org/10.36644/mlr.119.6.tort.

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Boldyrev, V. A. "CITATION IN CIVIL LAW STUDIES." METODOLOGICAL PROBLEMS OF THE CIVIL LAW RESEARCHES 1, no. 1 (January 1, 2019): 147–57. http://dx.doi.org/10.33397/2619-0559-2019-1-1-147-157.

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Gordon, William M. "The Civil Law in Scotland." Edinburgh Law Review 5, no. 2 (May 2001): 130–44. http://dx.doi.org/10.3366/elr.2001.5.2.130.

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This article is a revised version of an address given at the Annual General Meeting of the Stair Society on 6 November 1999. It explores three issues relating to the use of the Civil Law in Scotland. The first is the distinction to be drawn between Roman Law and the Civil Law and the use that can be made of the Civil Law as distinct from Roman Law. The second is the issue of reception of another legal system, the reception of the Civil Law in Scotland in particular, and the countervailing influence of English law. The third is the place of Roman Law and the Civil Law in legal education in Scotland.

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Troshchinskiy, Pavel. "Codification of Chinese Civil Law." Journal of Foreign Legislation and Comparative Law 17, no. 2 (July 5, 2021): 1. http://dx.doi.org/10.12737/jflcl.2021.017.

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Grudtsina, Ludmila J. "Civil Society and Private Law." American Journal of Applied Sciences 11, no. 11 (November 1, 2014): 1955–58. http://dx.doi.org/10.3844/ajassp.2014.1955.1958.

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Rahmanin, Namig T., and Pavel O. Milov. "CORPORATE RELATIONS IN CIVIL LAW." Вестник Академии права и управления, no. 2 (2022): 41–47. http://dx.doi.org/10.47629/2074-9201_2022_2_41_47.

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Mayorova, L. A. "Liability clauses in civil law." Siberian Law Herald 2022.2 (2022): 75–79. http://dx.doi.org/10.26516/2071-8136.2022.2.75.

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Civil liability is based on principles. They define the conditions and scope of liability. These are the rule of full compensation for damages, the principle of liability for fault, the presumption of guilt, etc. The possibility of exclusion or limitation of liability clauses and other conditions on the modification of liability are reviewed. The legal prohibitions and limits of contractual freedom to modify liability for breach of contract are analysed. Liability can be limited to an exceptional penalty or only one form of damages, such as actual damages. It is permissible to limit the damages, e.g. to a maximum amount of penalties, a percentage of the debt or a fixed amount; liability only if there is a certain form of fault, etc. Commercial parties may agree on liability for fault or limit it to a “force majeure” clause. It sets out the cases of breach of contract in which the debtor is not liable. There is no legal basis for the prohibition of absolute liability, including for force majeure. Liability for wilful breach of contract cannot be excluded. Liability cannot be excluded if it contradicts the essence of the statutory regulation, e.g. the liability of a professional security guard, carrier or freight forwarder. The liability of a debtor under a contract of adhesion or other contract where the creditor is a citizen-consumer cannot be preliminarily limited. Explored the possibility of a contractual change from the presumption of guilt to the presumption of innocence of the debtor. The dual procedural and substantive nature of the presumption of guilt was found. Procedural rules are rules of public law and cannot be the subject of agreement.

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