Relevant bibliographies by topics / Declaratory / constitutive system

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  2. Dissertations / Theses

Academic literature on the topic 'Declaratory / constitutive system'

Author: Grafiati
Published: 25 January 2025
Last updated: 31 July 2025

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Journal articles on the topic "Declaratory / constitutive system"

1

Jung, Sangmin. "A Modern Transformation of the Perspective that a Declaratory Remedy is a Basic form or Prototype of All Lawsuit." Korea Association of the Law of Civil Procedure 28, no. 1 (2024): 1–61. http://dx.doi.org/10.30639/cp.2024.2.28.1.001.

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In terms of history, it couldn’t be denied that the three type of lawsuit(coercive-, declaratory-, constitutive remedy) were recognized as independent needs in the development process of Civil Procedure, and current practice is also based on the independence between types.
 However, the theory that a declaratory remedy is a basic form of all lawsuits is theoretically valid to some extent in that all three types of the above lawsuit confirm the existence of rights and that the effect of the judgment has res judicata.
 Although modern and general confirmation litigation was established
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2

Surlan, Tijana. "Recognition in international law: The case of Kosovo and Metohija." Zbornik Matice srpske za drustvene nauke, no. 151 (2015): 289–306. http://dx.doi.org/10.2298/zmsdn1551289s.

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Recognition is an instrument of the public international law founded in the classical international law. Still, it preserves its main characteristics formed in the period when states dominated as the only legal persons in international community. Nevertheless, the instrument of recognition is today as vibrant as ever. As long as it does not have a uniform legal definition and means of application, it leaves room to be applied to very specific cases. In this paper, the instrument of recognition is elaborated from two aspects - theoretical and practical. First (theoretical) part of the paper pre
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3

Lobashchuk, Vladislav Evgenievich. "The principle of publicity of the pledge of property rights: problems of law enforcement practice and legislative risks." Право и политика, no. 5 (May 2025): 1–14. https://doi.org/10.7256/2454-0706.2025.5.74599.

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This article examines the issues related to the implementation of the principle of publicity concerning the pledge of property rights in modern Russian civil law (the subject of the study). The object of the study is the current legal regulation of the mechanism for ensuring the effect of «visibility» («publicity») of the pledge of property rights. The main objective of the study is to identify the shortcomings of the current mechanism for ensuring the effect of «visibility» («publicity») of collateral for property rights in order to further develop proposals to improve the accounting system f
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4

Vern, Flora. "Land Registration Systems & Discourses of Property." European Review of Private Law 29, Issue 6 (2021): 835–52. http://dx.doi.org/10.54648/erpl2021044.

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This article discusses the relations between land registration systems and underlying discourses of property from a comparative perspective. It is based on the example of French law which, characteristically, uses a declaratory land recordation system, i.e., registration is informative in nature, it affects the rules of evidence but it does not convey property nor does it affect complete strangers in any way. It is found that such a system implies that people will need to prove their ownership of land, and therefore presupposes rules of evidence which are based on possession or title to posses
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5

Jelínek, Petr. "African Union." Czech Journal of International Relations 38, no. 1 (2003): 52–67. http://dx.doi.org/10.32422/cjir.983.

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First summit meeting of the African Union, which took place in July 2002 in Durban, constituted a climax of the transformation process of the Organisation of African Unity. The Constitutive Act of the African Union, which accelerates the institutional change of the African continental organisation, entered into force. The African Union relinquishes to a certain extent the principles, which the OAU leant upon, it abandons all the strict adherence to the principle of non-interference in the internal affairs. Approval of the Protocol on establishment of the Peace and Security council raised hopes
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6

Potočný, Miroslav. "Deklarace zásad mírového soužití." AUC IURIDICA MONOGRAPHIA 1972, no. 17 (2024): 3–97. https://doi.org/10.14712/30297958.2025.18.

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The study is concerned with the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States’ in accordance with the Charter of the United Nations, which was unaninously adopted by the XXVth session of the United Nations General Assembly on October 24, 1970. In the first part of this study the author describes the process of the progressive development and codification of the principles of friendly relations and co-operation among states in the General Assembly and its special committee for the codification of these principles in the period 1962 to
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7

Nunner-Krautgasser, Bettina. "The Effect of Enforceability." LeXonomica 13, no. 1 (2021). http://dx.doi.org/10.18690//lexonomica.13.17.-28.2021.

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In this paper, the author focuses on the effect of enforceability, in particular in relation to Austrian law. However, insights into German and European law are also provided. Enforceability is an effect of a judgment which is basically only granted to performance judgments. Declaratory and constitutive decisions (with the exception of the decision on costs) are not enforceable as such. As a result, the order for performance contained in the judgment can be enforced by state coercive measures. Enforceability occurs upon termination of the performance period. Enforceability is neither a consequ
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Dissertations / Theses on the topic "Declaratory / constitutive system"

1

Cracco, Amélie. "Les cοnséquences du Brexit sur la liberté de circulatiοn des persοnnes". Electronic Thesis or Diss., Normandie, 2024. http://www.theses.fr/2024NORMR073.

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Conformément à l’engagement pris par le parti conservateur , la victoire du Leave à l’occasion du référendum sur l’appartenance du Royaume-Uni à l’Union européenne a entraîné la mise en œuvre de la procédure prévue à l’article 50 du Traité sur l’Union européenne. Le retrait du Royaume-Uni de l’Union européenne a surtout posé la question de la relation future entre les deux entités. La prééminence dont la libre circulation des personnes a fait l’objet lors de la campagne référendaire a invité Londres à envisager les différents scenarii à l’aune des possibilités offertes en matière de maîtrise d
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