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Journal articles on the topic 'Contract of Civil Union'

Author: Grafiati

Published: 25 May 2024

Last updated: 31 July 2025

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1

Walczak, Krzysztof. "Status prawny działacza związkowego wykonującego pracę zarobkową na innej podstawie niż stosunek pracy." Studia z zakresu Prawa Pracy i Polityki Społecznej 29, no. 3 (2022): 331–40. http://dx.doi.org/10.4467/25444654spp.22.027.16572.

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The legal status of a trade union activist performing work on a basis other than an employment contract As a result of the amendment to the Act on Trade Unions, people performing work based on a civil law contracts may become trade union activists. However, this raises significant questions. First of all, it is doubtful to grant compensation to person who was dismissed without the consent of the trade union in the case where the termination of contract is objectively justified. Secondly, it is doubtful to grant these people the right to remuneration while they are released from the obligation

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2

Hryshko, Uliana. "Understanding of the contract in the civil law of Ukraine and the EU." Actual problems of improving of current legislation of Ukraine, no. 64 (January 15, 2024): 128–38. http://dx.doi.org/10.15330/apiclu.64.128-138.

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The article is devoted to research a contract in the civil law of Ukraine and the European Union. The author examines the main scientific approaches of meaning a «contract» which covers such legal phenomena as a legal fact which is the basis for the emergence of civil rights and obligations; contractual obligation arising from a contract; and a document which establishes the fact of establishment of legal relationship between the parties. In the civil law of Ukraine, the qualifying feature of a contract as a transaction is its focus on achieving certain civil law consequences, i.e., the establ

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3

Imamova, Dilfuza. ""INTERNATIONAL DISTRIBUTION CONTRACT AND AGENCY CONTRACT: SIMILARITIES AND DIFFERENCES "." Review of Law Sciences 9, no. 1 (2025): 18–30. https://doi.org/10.51788/tsul.rols.2025.9.1./vdti3639.

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"The article analyzes the main aspects of international distribution and agency agreements, as well as the similarities and differences between them. The subject of the research is the legal regulation of international distribution and agency agreements. The purpose of the research is to identify the peculiarities of the regulation of these contracts in various legal systems and to substantiate the need for their legal consolidation in the legislation of the Republic of Uzbekistan. The relevance of the topic is due to the intensification of international trade relations, the need for clear leg

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4

Duraj, Tomasz. "Powers of Trade Union Activists Engaged in Self-Employment – Assessment of Polish Legislation." Acta Universitatis Lodziensis. Folia Iuridica 95 (March 30, 2021): 83–100. http://dx.doi.org/10.18778/0208-6069.95.08.

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The objective of the foregoing article is an analysis of the rights which the Polish legislature granted to self-employed trade union activists after the extension of coalition rights to these persons. In this regard, the trade union law extended to self-employed persons working as sole traders protection, which until 2019 was reserved exclusively for employees. Pursuant to the amendment of July 5, 2018, self-employed trade union activists were granted – based on international standards – the right to non-discrimination on the basis of performing a trade union function, the right to paid leave

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5

Kravchyk, Marta, and Olha Tur. "DISTINGUISHING FEATURES OF CONCLUDING THE INHERITANCE CONTRACT UNDER THE LEGISLATION OF UKRAINE AND THE EUROPEAN UNION." Visnyk of the Lviv University. Series Law 72, no. 72 (2021): 80–86. http://dx.doi.org/10.30970/vla.2021.72.080.

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The article deals with the legal nature of an inheritance contract, specifies the essential terms of an agreement as well as the legal status of the parties under the legislation of Ukraine and the European Union. The significance of the inheritance contract in the system of contracts of civil law of Ukraine is analyzed. It is proved that the legal relations arising in the case of entering into an inheritance agreement are also regulated by the general provisions of the Civil Code of Ukraine on transactions. Chapter 90 of the Civil Code of Ukraine stipulates that the inheritance contract shoul

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6

Tolstoy, Yuri K. "Improvement of civil legislation." Gosudarstvo i pravo, no. 2 (2022): 194. http://dx.doi.org/10.31857/s102694520018867-4.

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The current problems of various spheres of civil legislation, both in legislation and in the application of norms, developed after the general codification of the civil legislation of the USSR and the Union Republics of 1961 - 1964, including after the well-known decisions of the governing bodies on economic reform, are considered. It is noted that there is a need to take a fresh look at the relationship between the plan and the contract; the need to eliminate the so-called initial gap in civil legislation; the need to resolve the issue of responsibility for guilt or regardless of guilt; the u

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7

Angelo, A. H. "Fundamentals of European Civil Law." Victoria University of Wellington Law Review 27, no. 2 (1997): 388. http://dx.doi.org/10.26686/vuwlr.v27i2.6118.

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This article is a book review of Martin Vranken Fundamentals of European Civil Law (Federation Press, Sydney, 1997) 290 + xiv pages including Appendix, Bibliography and Index. Soft cover, NZ$45. Angelo states that the book is very tightly and clearly presented, providing a good introductory text for several purposes including the central topics of comparative law, a basic introduction to the law of contract, tort labour law and commercial company law in the French and German systems, as well as within the context of the European Union. Angelo concludes that the book provides a reasoned and cor

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8

Austin, Graeme W. "Essay: Family Law and Civil Union Partnerships - Status, Contract and Access to Symbols." Victoria University of Wellington Law Review 37, no. 2 (2006): 183. http://dx.doi.org/10.26686/vuwlr.v37i2.5565.

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This essay locates New Zealand's civil union legislation within the dynamic between "status" and "contract" that animates modern family law. "Status" concerns who we are; "contract" concerns the transactions we can enter. Because family law is concerned with affective relationships, it cannot apprehend people only as the atomised individuals anticipated by the modernist emphasis on contractual relations. Family law acknowledges the relevance to legal issues of "messy" issues of personality. Among the most complex and powerful aspects of personality with which the law concerns itself is love. L

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9

Karmaza, Oleksandra. "Conclusion of civil contracts using information and communication systems." Actual problems of improving of current legislation of Ukraine, no. 64 (January 15, 2024): 94–104. http://dx.doi.org/10.15330/apiclu.64.94-104.

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The article analyzes the legislative regulation of contractual relations using information and communication systems. The author’s classification of contracts, the subject of which is a digital thing or digital services, is proposed. The norms of the laws of Ukraine «On electronic commerce», «On digital content and digital services» in the part of concluding contracts with the use of information and communication systems were studied. It has been proven that the provision on the civil contract permeates both the sphere of private relations and the sphere of public relations, which are regulate

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10

Lando, Ole. "Optional or Mandatory Europeanisation of Contract Law." European Review of Private Law 8, Issue 1 (2000): 59–69. http://dx.doi.org/10.54648/264249.

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This article argues in favour of a Europeanisation of contract law. It is submitted that we the citizens of Europe cannot content ourselves with the existing Europeanisation which is both fragmentary and uncoordinated and which provides no general principles. The Commission on European Contract Law has been established to provide Principles of European Contract Law. The experience of the Commission is that a Europeanisation of contract law is feasible. The Union could either aim at a creeping uncodified harmonisation brought about by the scholars and the courts or a codification ic, a European

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11

Surblytė, Gintarė. "Diskriminavimo esant civiliniams teisiniams santykiams padariniai." Teisė 67 (January 1, 2008): 138–52. http://dx.doi.org/10.15388/teise.2008.0.353.

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Straipsnyje analizuojami diskriminavimo esant civiliniams teisiniams santykiams padariniai. Aptariamos atitinkamos Europos Sąjungos direktyvų nuostatos, jas įgyvendinančios nacionalinės teisės normos, nagrinėjami padariniai, atsirandantys diskriminuojančiais pagrindais atsisakius sudaryti/vykdyti civilinę sutartį, analizuojamas žalos atlyginimo institutas. The article analyses the consequences of discrimination in the civil legal relations. For this purpose, it examines the particular provisions of the Directives of the European Union as well as the implementing national legal norms. Accordi

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12

Karmaza, Oleksandra. "CONCEPTS AND CONTENTS OF "ELECTRONIC CONTRACT" AND "DIGITAL CONTRACT": THEIR RELATIONSHIP IN THE PRIVATE LAW OF UKRAINE." Modern scientific journal 4, no. 2 (2024): 26–33. http://dx.doi.org/10.36994/2786-9008-2024-4-4.

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The article analyzes the content of the concepts "electronic contract" and "digital contract" used in the private law of Ukraine. The preliminary scientific research in the part of legislative regulation of contractual relations with the use of information and communicationsystems was also continued. The author's classification of contracts, the subject of which is a digital thing or digital services, has been improved. A scientific and practical analysis of the norms of the laws of Ukraine "On electronic commerce", "On digital content and digital services" regarding the conclusion of contract

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13

Reznichenko, Semen. "EXPERIENCE IN UNIFICATION AND HARMONIZATION OF REGULATION OF CIVIL LAW CONTRACTS IN THE EUROPEAN UNION FOR CONTRACT LAW." Journal of Civil Studies, no. 56 (2025): 48–52. https://doi.org/10.32782/chc.v056.2025.7.

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14

Collins, Hugh. "Why Europe Needs a Civil Code." European Review of Private Law 21, Issue 4 (2013): 907–22. http://dx.doi.org/10.54648/erpl2013052.

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Abstract: Arguments in favour of the creation of a civil code for the European Union are usually framed in terms of the internal market agenda, which seeks to remove real or supposed obstructions to trade, such as the diversity of national laws. Although those arguments for a European civil code are found inadequate and to some extent misconceived, a different reason for the creation of a civil code consisting of principles rather than detailed rules is advanced, based on the idea that Europe needs to construct a transnational civil society that will provide the foundations for greater politic

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15

Pavillon, Charlotte. "Private Enforcement as a Deterrence Tool: A Blind Spot in the Omnibus-Directive." European Review of Private Law 27, Issue 6 (2019): 1297–328. http://dx.doi.org/10.54648/erpl2019072.

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The Directive on better enforcement and modernization of EU consumer protection rules or Omnibus-directive does not acknowledge the deterrence function of private enforcement of EU consumer law. The article demonstrates that the balancing of the principles of effectiveness, proportionality and dissuasiveness requires more attention when it comes to ‘civil remedies’. Indeed, the Court of Justice of the European Union (CJEU) has in recent years put a clear emphasis on the deterrence function of the nonbinding effect of unfair contract terms, a civil sanction imposed by civil courts. These courts

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16

Savanets, Liudmyla. "Determining the Parties Obligations in Contracts for the Supply Digital Content: Problems and Prospects of Adapting Ukrainian Legislation to Eu Law." Archives des Sciences 74, no. 3 (2024): 240–50. http://dx.doi.org/10.62227/as/74337.

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After signing the Association Agreement between the European Union and its Member States [47], Ukraine undertook a number of commitments, including the progressive alignment of its legislation with the European Union acquis. This includes the strengthening of economic and trade relations with a view to Ukraine’s gradual integration into the European Union internal market through the establishment of a deep and comprehensive free trade area, including intangible goods such as digital content. In May 2019, the European Parliament and the Council adopted a new legislative act in the field of digi

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17

Török, Éva. "A gazdasági, műszaki fejlődés hatása a szerződések jogára." Jelenkori Társadalmi és Gazdasági Folyamatok 7, no. 1-2 (2012): 80–87. http://dx.doi.org/10.14232/jtgf.2012.1-2.80-87.

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In this communication, the effects of the economical, moreover the technical growth on the contract law is presented comprehensively. The traditional framework of the civil law contracts has been broken by the development and phenomena of market economy in our country. Furthermore the legal milieu has to go by the changed demands of the economic operators. As results of the business-like management, the large investments as well as the cross-border transactions formed more and more novel, the so-called atypical contracts in the Hungarian law. New contracting methods are linked with the technol

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18

Seuffert, Nan. "Sexual Citizenship and the Civil Union Act 2004." Victoria University of Wellington Law Review 37, no. 2 (2006): 281. http://dx.doi.org/10.26686/vuwlr.v37i2.5571.

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This article analyses the parliamentary debates on the Civil Union Act 2004, which provides for legal recognition of same sex relationships, for stories of national identity. A close reading of the parliamentary debates on the Act suggests that although the supporters and opponents of the legislation seemed to be worlds apart, many told similar stories about New Zealand as a nation, and citizens within that nation, emphasising similar values and aspirations. Both sides told stories of citizens, of New Zealanders, as tolerant and fair, as forwarding-looking progressives who value stable long-te

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19

Andrushko, A. "Establishing the fact of labor relations in court." Uzhhorod National University Herald. Series: Law 3, no. 75 (2023): 84–87. http://dx.doi.org/10.24144/2307-3322.2022.75.3.14.

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In the field of labor law, the establishment of the fact of labor relations in court is investigated. It is emphasized that the importance of establishing the fact of labor relations lies in the fact that, in its presence, grounds are created for the employee to exercise labor rights, in particular to wages, guarantee, compensation and other social benefits, including benefits related to temporary disability, unfortunate accident at work or occupational disease, etc. Attention is drawn to the fact that in establishing the fact of labor relations, it should be taken into account that between an

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20

Moreeva, Iuliia Dmitrievna, Marina Viktorovna Teliukina, and Evgeniy Stanislavovich Kulikov. "THE ISSUES OF LEGAL LIABILITY IN TRANSFER RELATIONS." Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 3, no. 78 (2024): 84–93. http://dx.doi.org/10.52026/2788-5291_2024_78_3_84.

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A transfer contract is a specific type of legal contract, which can be regulated not only by civil law but also by the corporate rules of sports federations. The regulation of transfer contracts in football is particularly relevant, as the Russian Football Union (RFU) regulates each stage of transfer relations in detail. Specifically, the RFU Regulations establish sanctions for violating the procedure of athlete transfer. These sanctions can be applied to both sports clubs and athletes. At the same time, the legal nature of these sanctions remains ambiguous, as the RFU is not a governmental bo

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21

Daukšienė, A. "PENSIJŲ KAUPIMO SUTARTIS: TEORINIAI IR PRAKTINIAI ASPEKTAI." Teisė 90 (January 1, 2014): 72–100. http://dx.doi.org/10.15388/teise.2014.0.2877.

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Šiame straipsnyje jo skaitytojas (teisininkas, mokslininkas ar pensijų kaupimu besidomintis asmuo) supažindinamas su pensijų kaupimo sutartimi – šių dienų kontekste viena iš socialiai reikšmingiausių civilinių sutarčių. Pagrindinis straipsnio tikslas yra kvalifikuoti pensijų kaupimo sutartį, atskleidžiant šiai sutarčiai būdingus kitų civilinių sutarčių požymius. Taip pat autorė straipsnyje sprendžia bendrosios kompetencijos ir administracinių teismų kompetencijos atskyrimo problemą teismams nagrinėjant ginčus pensijų kaupimo srityje bei atskleidžia Konstitucinio Teismo jurisprudencijos įtaką p

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22

Lando, Ole. "Have the PECL Been a Success or a Failure?" European Review of Private Law 17, Issue 3 (2009): 367–75. http://dx.doi.org/10.54648/erpl2009025.

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The article treats the impact of the Principles of European Contract Law (PECL), which were published in 2000 and 2003. They have had a considerable influence on law reforms in various European Countries, and has prompted the Commission of the EC to sponsor the bringing about of a Common Frame of Reference which is being prepared by the Study Group of a European Civil Code and other groups, and which is intended to operate as soft law. However, the author’s ambition that the PECL would bring about a binding European Civil Code of Contract applicable in the European Union and replacing the nati

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23

Kruś, Maciej. "Umowa urbanistyczna jako przykład umowy administracyjnej na tle polskiego i europejskiego porządku prawnego." Studia Prawa Publicznego, no. 3(27) (September 15, 2019): 117–38. http://dx.doi.org/10.14746/spp.2019.3.27.5.

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The subject of the article is an attempt to show that concluding an urban contract is a form of public administration activity of an administrative nature, not a civil one. As a result of the contract, an administrative-legal relationship is established. Its characteristic feature is that in order for this relationship to arise it is necessary for the other party to agree. The other party is an investor who is supposed to carry out the project at his own expense. The basis for the conclusion of the contract is not the freedom of contracting, but administrative law specifying the competence of

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24

Fornasari, Riccardo. "Crépuscule des idoles: De la fragmentation du sujet à la fragmentation du contrat." European Review of Private Law 27, Issue 4 (2019): 785–822. http://dx.doi.org/10.54648/erpl2019042.

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The development of European Union law plays a fundamental role in the transformation of contract law in civil law systems. This article assesses these transformations of continental legal systems through the notion of juridical subject. It is argued that the evolution of a different conception and regulation of the juridical subject derives from a new conception of competition and of the market order, which involves a major transformation of the function of contract law and of the founding notions of this legal field. The transformations brought forth by a new conception of the market order an

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25

Velicu, Dan. "A Brief Assessment of the Main Commercial Contracts under the New Romanian Civil Code." International and Comparative Law Review 20, no. 2 (2020): 274–89. http://dx.doi.org/10.2478/iclr-2020-0029.

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Summary From 2011 Romania has a new Civil Code. Although the government’s initiative was to unify the private law according to the model of the Italian Civil Code of 1942 by repealing the Commercial Code of 1887, the new Civil Code only succeeded in putting together civil rules and commercial rules, the latter being relocated from the former Commercial Code. Obviously, an exhaustive analysis of the new Civil Code is impossible in the frame of a short article. That’s why the author of this study tries to evaluate the new Civil Code regulation by focusing on the main commercial contracts. Some g

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Mendzhul, M. V., and N. O. Davydova. "The mechanism of civil law regulation of property relations of partners in de facto unions." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 124–27. http://dx.doi.org/10.24144/2307-3322.2021.65.22.

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The article investigates the mechanism of legal regulation of property relations of partners in de facto unions. The national legislation of European states is analyzed, as well as the recommendations of the Commission on European Family Law, suggestions for improving national legislation are made.It is determined that there are no uniform approaches in the legal regulation of partners in de facto unions in European countries, in particular in six countries such relations are unregulated, in fourteen countries such relations are regulated by different branches of law, and in nine jurisdictions

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27

Fathutdinova, I. V. "Contents of the timeshare agreement: european standards and their implementation in the legislation of Ukraine." Analytical and Comparative Jurisprudence, no. 4 (September 11, 2024): 172–76. http://dx.doi.org/10.24144/2788-6018.2024.04.28.

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The scientific article examines European standards for determining the content of a timeshare contract and develops proposals for their implementation in the legislation of Ukraine. Attention is paid to those approaches to the concepts of «content of the contract», «essential conditions», «incidental conditions», which are developed and established for the doctrine of private law. An analysis of the expediency of making changes to the Civil Code of Ukraine, which reveals the concept of «content of the contract», was carried out. Additionally, the expediency of dividing all the terms of the con

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28

Fill, Wojciech. "The legal nature of a competition for a financial award or grant in the European Union direct management formula." Prawo w Działaniu 60 (2024): 208–28. https://doi.org/10.32041/pwd.6007.

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The study is devoted to the analysis of the legal nature of declarations of will and knowledge, used to settle proceedings in cases for endowing grants or awards in the context of European Union law, the jurisprudence of the Court of Justice of the European Union and doctrinal views. The research carried out resulted in de lege ferenda proposals in terms of regulating contest procedures in a manner consistent with the theoretical nature of this legal institution, including proposals for modifications to the EU Model Principles of Administrative Procedure (ReNEUAL) and the EU contract law proje

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29

Hesselink, Martijn W. "European Contract Law: A Matter of Consumer Protection, Citizenship, or Justice?" European Review of Private Law 15, Issue 3 (2007): 323–48. http://dx.doi.org/10.54648/erpl2007021.

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Abstract: In its ‘First Annual Progress Report on European Contract Law and the Acquis Review’, the European Commission recently announced that, within the Common Frame of Reference process, it will prioritize the revision of the consumer acquis. This ‘reprioritization’ has a number of practical consequences. However, the more fundamental question is what the effect of a renewed focus on consumer protection will be on the character of European contract law, and on the way in which the Union addresses and views the people living in Europe. This question will become all the more important if the

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30

Łaguna, Łukasz. "ANALYSIS OF THE PROCEDURAL STATUS OF A PERSON PROVIDING PAID WORK UNDER A CIVIL LAW CONTRACT IN EMPLOYMENT LAW CASES." Roczniki Administracji i Prawa 4, no. XXI (2021): 247–63. http://dx.doi.org/10.5604/01.3001.0015.8314.

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The amendment of the Trade Union Act by the Act of 5 July 2018 amending the Trade Union Act and certain other acts (Journal of Laws, item 1608), which entered into force on 1 January 2019, redefined the essence of collective labour law. Pursuant to the aforementioned amendment, the legislator introduced into the legal system the institution of a “ person who performs paid work”, which includes both an employee within the meaning of Article 2 of the Labour Code and a person providing work for remuneration on a basis other than employment relationship (so-called non-employee). The analysis of th

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31

Topildiev, Vokhidjon. "Civil law problems of constituent contracts." Общество и инновации 2, no. 3 (2021): 80–90. http://dx.doi.org/10.47689/2181-1415-vol2-iss3-pp80-90.

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In this article, the author provides a scientific assessment of the history of the conclusion of constituent agreements on the creation of legal entities, based on the Roman, former Union and civil law of the Republic of Uzbekistan, and also theoretically and practically analyzed the essence of constituent agreements and their types on the basis of current legislation. He also proposed to include in the Civil Code of the Republic of Uzbekistan a separate special chapter regulating constituent agreements.

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Vagina, І. "Foreign experience of legal regulation of the conclusion of contracts between mother, father and children." Uzhhorod National University Herald. Series: Law 1, no. 75 (2023): 161–66. http://dx.doi.org/10.24144/2307-3322.2022.75.1.26.

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In the scientific article, the author conducted a scientific study of the foreign experience of legal regulation of contractual relations between mother, father, and child, including under the legislation of the European Union states. Based on the conducted research, the author concluded that the legal regulation of the conclusion of contracts between the mother, father, and child under the legislation of the European Union states is mainly carried out through the determination of the possibility of concluding contracts, without clarifying the provisions on their form and essential conditions.

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Harhat, I. M. "The Concept Of Unfair Contract Terms." Actual problems of improving of current legislation of Ukraine, no. 55 (January 17, 2021): 3–13. http://dx.doi.org/10.15330/apiclu.55.3-13.

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The article explores the concept of «unfair terms contract terms» through the analysis of its origin and fixing in the legislation and legal literature of the European Union, Ukraine and the United States. Comparisons of interpretations of this concept according to Directive 93/13/EEC, Model Rules of European Private Law, The Uniform Commercial Code, as well as the Law of Ukraine «On Consumer Protection». In the article author notes that the definition of unfair terms of the contract is a complex symbiosis of material and procedural, a combination of justice and dishonesty, comparison of

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34

Savanets, Liudmyla, Anzhelika Baran, Tetiana Podkovenko, Hanna Poperechna, and Olena Dyka. "Breach of obligations under contracts for the sale of goods and supply of digital content in European Union and Ukrainian law." Cuestiones Políticas 41, no. 79 (2023): 156–71. http://dx.doi.org/10.46398/cuestpol.4179.11.

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The content of the research lies in an analysis of the legal prescriptions of the legislation of the European Union and Ukraine, which determine the liability of the parties for breach or improper performance of obligations under contracts for the sale and purchase of goods and supply of digital content. With the help of general and special philosophical methods, the possibility and legal consequences of applying the liability provisions of the relevant articles of the Civil Code of Ukraine, to the contractual relations of purchase and sale of goods and the supply of digital content (violation

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35

Owczaruk, Sławomir. "CONCLUSION OF A CIVIL LAW CONTRACT AS A PREMISE FOR THE MUNICIPALITY TO ACT AS A TAXABLE PERSON OF TAX ON GOODS AND SERVICES (VAT)." Roczniki Administracji i Prawa 1, no. XX (2020): 151–66. http://dx.doi.org/10.5604/01.3001.0014.1432.

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The research goal undertaken in this article is to answer two questions. First, can a municipality’s legal tax status in the field of tax on goods and services (VAT) in each transaction always be determined precisely? Second, is the conclusion of a civil law contract by a Polish municipality a sine qua non condition for it to obtain VAT taxable status? Theses presented in the publication, and arguments clearly indicate that with the VAT system in force in the European Union, including Poland, it is not always possible to precisely define the status of a municipality as a taxpayer in a given tr

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36

Lenaerts, Annekatrien. "The General Principle of the Prohibition of Abuse of Rights: A Critical Position on Its Role in a Codified European Contract Law." European Review of Private Law 18, Issue 6 (2010): 1121–54. http://dx.doi.org/10.54648/erpl2010082.

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Abstract: The principle of prohibition of abuse of rights aims to correct the application of a rule of law on the basis of standards such as good faith, fairness, and justice if, despite formal observance of the conditions of the rule, the objective of that rule has not been achieved. This principle amounts to a general principle of Union law. First, a common concept of abuse of rights exists in the legal traditions of the Member States. Second, the European Court of Justice (ECJ) has gradually built a Union concept of abuse of rights (Emsland-Stärke, Halifax, Kofoed). However, the general pri

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Poturai, Kateryna. "The features of the contractual form of protection of subjective intellectual property rights for a cinematographic work under the laws of Ukraine and the countries of the European Union." Law Review of Kyiv University of Law, no. 4 (December 30, 2020): 323–28. http://dx.doi.org/10.36695/2219-5521.4.2020.57.

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The article reveals the features of the contractual form of subjective intellectual property rights to a cinematographic work underthe laws of Ukraine and the European Union as the main form of protection of cinematographic works.The author emphasizes that in modern development of copyright relations, civil law has abandoned the legislative consolidationof the concept of copyright agreement, yet only lists and discloses the sense of its types.Thus, at the legislative and theoretical level, the problem of classifying a copyright agreement on the creation of a cinematogra -phic work as an agreem

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Dąbrowska, Krystyna Anna. "Individual control of a standard contract (Article 385(1) of the Civil Code) in the context valorization clauses in loans indexed to a foreign currency." Ars Iuridica 23, no. 1 (2023): 45–63. http://dx.doi.org/10.17951/szn.2023.23.1.45-63.

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The article is a synthetic presentation of the dominant positions in the doctrine and judical practice regarding individual control of the contract template in the context of abusiveness of valorization clauses in loans indexed to a foreign currency. The most important statements of the Supreme Court and the Court of Justice of the European Union were indicated. The article focuses on the issues of the premises for individual control of the standard contract and the sanction of the consumer not being bound by an illegal contractual provision specified in art. 385(1) of the Civil Code Attention

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Williams, Colin C., and Aysegul Kayaoglu. "Evaluating the prevalence of employees without written terms of employment in the European Union." Employee Relations 39, no. 4 (2017): 487–502. http://dx.doi.org/10.1108/er-10-2016-0189.

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Purpose Until now, there has been scant evidence on the proportion and characteristics of employees working without a written contract or terms of employment. To begin to fill this gap, the purpose of this paper is to evaluate the prevalence and distribution of employees without written contracts or terms of employment in the European Union (EU), examining whether they are unevenly distributed across countries and EU regions, and whether it is vulnerable population groups who are more likely to be without such written contracts. Design/methodology/approach A 2013 Eurobarometer survey comprisin

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Heutger, Viola. "Konturen des Kaufrechtskonzeptes der Study Group on a European Civil Code – Ein Werkstattbericht." European Review of Private Law 11, Issue 2 (2003): 155–73. http://dx.doi.org/10.54648/erpl2003012.

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Abstract: Within the framework of the Study Group on a European Civil Code, a Dutch team based in Utrecht is preparing a draft on a European Sales Law. These efforts, being of importance for arriving at a possible future European Sales Law, are based on the acquis communautaire, the Principles of European Contract Law (PECL), the Vienna Sales Convention (CISG), and national legislation. The Utrecht draft covers all kinds of cross-border sales transactions in goods within the European Union. The final result will be published as Principles of European Sales Law. In order to abide by the standar

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Fornaris, Ignacio. "Exploring the Evolution of Contractual Concepts within Regulation No 1215/2012 Through CJEU Judgments: Civil and Commercial Matters, Contracts, Tenancies of Immovable Property, and Provision of Services Under Examination." Nordic Journal of European Law 7, no. 1 (2024): 81–93. http://dx.doi.org/10.36969/njel.v7i1.25761.

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Starting with the ruling of the Court of Justice of the European Union in the Obala case, this article explores: how the Court has redefined the concepts of ‘contract matters’ and ‘tort, delict, or quasi-delict matters’; actions related to ‘tenancy agreements for immovable property’ versus ‘rights in rem’; and the evolving interpretation of ‘services’ within the Brussels I Recast Regulation on jurisdiction, recognition and enforcement of judgments in civil and commercial matters. It also illustrates the discrepancies in the analysis of the term ‘civil and commercial matters’. The Obala ruling

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Mądrzycki, Błażej. "Open Coalition Law, Necessity or Threat?" Acta Universitatis Lodziensis. Folia Iuridica 95 (March 30, 2021): 29–38. http://dx.doi.org/10.18778/0208-6069.95.03.

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From January 1, 2019. Amendments to the Act of July 5, 2018 amending the provisions on trade unions and some other acts apply (almost in full). Amendments to the Polish act are a consequence of the Committee for the Freedom of Association, Labor Law Organizations and the judgment of the Polish Constitutional Tribunal. The main and expected effect of the amendment is the extension of coalition freedom in trade unions. This issue is important not only for the consistency of the legal system with international law, but also for social reasons. Concluding civil law contracts in the place of employ

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Shi, Yuran. "Labour Protection And Civil Pilots In China: Training Cost In The Legal Swamp." Air and Space Law 47, Issue 4/5 (2022): 467–90. http://dx.doi.org/10.54648/aila2022027.

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In China, termination of pilot employment has raised many arguments revolving around the training repayment. When pilots resign from their jobs or are fired, airlines generally claim compensation for the training cost. Questions arising in lawsuits can generally be divided into several categories: repayment window, repayment amount, statutory exemptions, and unfair discharge. The incoherent interpretation of the Chinese Labour Contract Law and the Pilot Movement Directive has led to controversies in civil proceedings. Furthermore, training repayment by pilots contributes to regulatory concerns

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Parasiuk, Mykhailo, and Vasyl Parasiuk. "Features of conclusion of banking agreements in the internet network." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, no. 37 (2023): 245–52. http://dx.doi.org/10.23939/law2023.37.245.

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In the context of current national legislation and regulations of the European Union, the article examines the theoretical and practical principles that determine the peculiarities of concluding banking contracts on the Internet using modern web interfaces and similar mechanisms (primarily, click-wrap and browse-wrap contracts) in the light recognition of reality. The methodological basis made up of general and private methods of scientific knowledge. The general scientific method of dialectical cognition, formal-dogmatic, comparative-legal method, linguistic methods, methods of deduction, ind

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Parasiuk, Mykhailo, and Vasyl Parasiuk. "Features of conclusion of banking agreements in the internet network." Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, no. 39 (2023): 142–49. http://dx.doi.org/10.23939/law2023.39.142.

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Abstract. In the context of current national legislation and regulations of the European Union, the article examines the theoretical and practical principles that determine the peculiarities of concluding banking contracts on the Internet using modern web interfaces and similar mechanisms (primarily, click-wrap and browse-wrap contracts) in the light recognition of reality. The methodological basis made up of general and private methods of scientific knowledge. The general scientific method of dialectical cognition, formal-dogmatic, comparative-legal method, linguistic methods, methods of dedu

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Andrushchenko, T. S. "Quasi-family agreements as a natural manifestation of current family law." Uzhhorod National University Herald. Series: Law 2, no. 86 (2025): 11–15. https://doi.org/10.24144/2307-3322.2024.86.2.1.

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The article examines the legal nature of a quasi-family contract, as well as the place of a quasi-family contract in the general classification of contractual constructions of family law. In the article, the author identifies differentiating features of quasi-family contracts. Attention is focused on the lack of limitation of the subject circle in quasi-family contracts, contractual relations in this case are built exclusively on the contractual initiative of both parties, which speaks of their priority civil-law nature. The author draws attention to the increasing demand and popularity of con

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Kim, Jin-Kyu. "A Legal Review of ‘Best Efforts’ Clauses: Focusing on COVID-19 Vaccine Purchase Contracts." Korea Association for International Commerce and Information 24, no. 3 (2022): 175–94. http://dx.doi.org/10.15798/kaici.2022.24.3.175.

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Since the World Health Organization (WHO) on March 11, 2020, declared the novel coronavirus (COVID-19) outbreak a global pandemic, many countries around the world have experienced contractual inequality in their dealings with global vaccine developers, such as delayed deliveries, limitations of liability for claims, disclaimers of warranties, and excessive confidentiality when negotiating purchase contracts. In 2021, the EU Commission filed a lawsuit in Brussels against AstraZeneca for not keeping to its purchase agreement for the supply of COVID-19 vaccines. This study reviews the best-

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Busch, Danny, and Laura MacGregor. "Unauthorized Agency." European Review of Private Law 17, Issue 6 (2009): 967–74. http://dx.doi.org/10.54648/erpl2009061.

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This paper seeks to provide an overview of the project which led to publication of the book The Unauthorised Agent: Perspectives from European and Comparative Law, published by Cambridge University Press in 2009. Broadly speaking, the project concerned the problems caused by agents who act in an unauthorized manner and the legal concepts used to tackle those problems. These issues are analysed in the context of different national legal systems within the European Union and beyond. Drawing on the national chapters, the authors provide a detailed comparative analysis. Within this context, they a

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Bhanupriya, Singh Markam. "Case Comment State Bank of India v. Indexport Registered and ORS on 30 April, 1992." International Journal of Trend in Scientific Research and Development 2, no. 5 (2018): 1255–56. https://doi.org/10.31142/ijtsrd17078.

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The present case overrules the decision of Union Bank of India vs. Manku Narayana , while discussing Section 128 of the Indian Contract Act 1872 where the liability of the surety is co extensive with the principle debtor and the order of the judgement of the Manku Narayan's case and the overruling of that order with the present case State Bank Of India V. Indexport Registered and Ors. In which the court of law held that the decree holder can proceed against the surety even if he has not exhausted the remedy against the principle debtor or The creditor is not bound to exhaust his remedy aga

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Lukasevych-Krutnyk, Iryna. "The concept and methods of harmonisation of the private law legislation of ukraine in the field of provision of transport services with the legislation of the European Union." Journal of the National Academy of Legal Sciences of Ukraine 27, no. 2 (2020): 91–106. http://dx.doi.org/10.37635/jnalsu.27(2).2020.91-106.

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The article is devoted to the harmonisation of private law legislation of Ukraine in the field of transport services with the legislation of the European Union. The purpose of the study is to formulate the concept and determine the main ways to harmonise the private law of Ukraine in the field of transport services with the legislation of the European Union. The main method of scientific work is the method of legal analysis, the use of which made it possible to identify possible ways to harmonise national legislation in this area to European standards. Based on the analysis of the norms of nat

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