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Journal articles on the topic 'Methods of civil jurisprudence'

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1

Baikovs, Aleksandrs. "METHODS OF SCIENTIFIC RESEARCH IN JURISPRUDENCE." Administrative and Criminal Justice 1, no. 93 (2022): 67–92. http://dx.doi.org/10.17770/acj.v1i93.6944.

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The article reveals the content of the category "methodology", the general philosophical and methodological principles of cognition, which are usually defined by the term "philosophical foundations of science"; tasks in the development of general scientific, conceptual problems, conceptual and categorical apparatus, which are concretized by the relevant legal sciences.The article is dedicated to the study of cognitive methods, research in law, incl. In the civil law. It examines the principles of humanities methodology, the system of scientific knowledge methods, its structure, the elements of
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Usoltsev, E. Y. "Methodology of Russian Civil Jurisprudence in a Historical Context." Actual Problems of Russian Law 16, no. 6 (2021): 11–20. http://dx.doi.org/10.17803/1994-1471.2021.127.6.011-020.

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Methodology of any science is designed to optimize the cognitive process, for which it has special tools that correspond to the specifics of the object under study. That is why the methods of different sciences, even the closest ones, differ. The methodology of civil law was formed due to the continuous work of many generations of legal scholars who managed not only to find suitable methods and means of comprehending legal reality for their own research, but also to firmly introduce them into scholarly and research life. The paper examines the features of the civil law methodology at different
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Amin, Sharifullah, Khair Mohammad Khairkhwah, and Abdul Naser Stanikzai. "Effects of Coercion on Contract in Islamic (Hanafi Jurisprudence) and Civil Code of Afghanistan." Integrated Journal for Research in Arts and Humanities 2, no. 5 (2022): 220–23. http://dx.doi.org/10.55544/ijrah.2.5.34.

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In this research paper, the main question is what are the Effects of coercion on contract in Islamic (Hanafi jurisprudence) and civil code of Afghanistan? the purpose of this study is to examine the nature of coercion in Islamic Sharia (Hanafi Jurisprudence) and Afghan Civil Code and to compare its impact on contract. using descriptive-qualitative methods as well as library resources (documents, books, as well as credible internet sites and articles) it has been proven that these legal systems are the same or have different positions on this issue; as a result, it has been found that the main
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4

SUKHANOV, EVGENIY A. "PEDAGOGICAL CREATIVITY OF PROFESSOR S. M. KORNEEV AND PROBLEMS OF TEACHING THE COURSE OF CIVIL LAW." Ser-11_2023-3 64, no. 3, 2023 (2023): 3–14. http://dx.doi.org/10.55959/msu0130-0113-11-64-3-1.

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The article highlights the pedagogical and educational-methodical work of professor S. M. Korneev, including his work on the systematics of the civil law course. On this basis, the main goals and objectives of university (higher) legal education in the field of civil law are revealed. With reference to the works of the classics of Russian civil law I. A. Pokrovsky, L. I. Petrazhitsky and others, devoted to the issues of methods of teaching civil law, the necessity of studying in law schools not only and not so much the content of the current legislation and the judicial practice of its applica
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Münnich, Monika. "Application of the General Clause of Reasonableness and Criterion of Rationality in Polish Tax Law." Review of European and Comparative Law 43, no. 4 (2020): 7–22. http://dx.doi.org/10.31743/recl.5698.

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This paper’s objective is to present two methods of introducing elements of the civil general clause of reasonableness into tax law. One of them is the lawmaking process, the other is the application of law, i.e. the decisions of tax authorities and the jurisprudence of national administrative courts.
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6

Rajeev Kumar Singh and Jivesh Jha. "Hindu Jurisprudence as The Basis and Source of Nepalese Family Laws: An Investigation." QURU’: Journal of Family Law and Culture 2, no. 2 (2024): 145–68. http://dx.doi.org/10.59698/quru.v2i2.198.

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Hindu jurisprudence has played an important role in the formation of the basis and source of family law in Nepal. This article conducts an in-depth investigation of how Hindu legal principles have influenced the regulation of family law in Nepal. Through careful analysis, it outlines the historical development of Hindu jurisprudence and the way its influence manifests in Nepal's family law provisions, particularly under the National Civil Code 2017. It explores the historical foundations of Hindu law and identifies its practical consequences in the Nepalese context, including possible incongru
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7

Mustafa Ismael, Ardawan, and Arif Ali Arif. "The Effect and Applications of the Legal Maxim Custom is an Arbitrator in Iraqi Civil Law: An Analytical Study." International Journal of Fiqh and Usul al-Fiqh Studies 4, no. 1 (2020): 33–42. https://doi.org/10.31436/ijfus.v4i1.168.

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The legal maxims are an integral part of Islamic jurisprudence. These maxims combine the various issues of jurisprudence, from different sections and diverse topics, so that the particulars (al-juz’iyyāt) are referred to the universals (al-kulliyyāt) and the branches (al-furūʿ) to the basic principles (al-uṣūl). Hence, the research seeks to clarify the impact of a major Islamic legal maxim which is “Custom is an arbitrator” in the Iraqi civil law, using the inductive, analytical and descriptive methods. The research has shown that since this maxim and other maxims branching from it have been m
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8

Рабец, Анна, and Anna Rabec. "Features of legal qualification of infliction of harm wild and pets." Advances in Law Studies 4, no. 4 (2016): 409–17. http://dx.doi.org/10.12737/21035.

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in article questions of legal qualification of infliction of harm wild and pets to citizens and legal entities are considered. Identification of a place of animals among sources of the increased danger gains special relevance in connection with insufficient regulation in the civil legislation of the Russian Federation of the number of the aspects connected with indemnification, caused by animals as specific objects of the civil rights. A research objective was definition of the effective civil mechanism of protection of the victims in case of causing harm by it animal. General scientific metho
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9

Чалий, Ю. І. "Справедливість як метод цивілістики". Форум права 57, № 4 (2019): 66–74. https://doi.org/10.5281/zenodo.3403558.

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Розглядається поняття справедливості як правового явища, яке знаходить своє відображення в нормативних вимогах цивільного (приватного) права і дослідницьких інструментах (методах) цивілістики. Вказується на неспроможність догматичного та порівняльного методів правових досліджень розпізнавати "належне" право, що викликає потребу віднайдення нових інструментів проведення цивілістичних розвідок. Показано, що справедливість є атрибутивною властивістю приватного права, що знайшла своє відображення у всіх його інститутах, починаючи від правосуб'єктних вимог, закінчуючи нормами про захи
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10

Suslova, S. I. "ON INTERACTION OF MATERIAL AND PROCEDURAL LAW IN THE CONTEXT OF REFORMING THE NOMENCLATURE OF SCIENTIFIC SPECIALTIES IN JURISPRUDENCE." METODOLOGICAL PROBLEMS OF THE CIVIL LAW RESEARCHES 3, no. 3 (2021): 214–31. http://dx.doi.org/10.33397/2619-0559-2021-3-3-214-231.

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Introduction: the influence of the material branches of law on the content and development of procedural branches has long been substantiated in the legal literature. At the same time, civil law scholars, limited by the scope of the nomenclature of scientific specialties in legal sciences, do not have the opportunity to conduct dissertation research aimed at identifying the influence of procedural branches on the norms of substantive law. With regard to scientific research, the study of such an impact is currently permissible only within the specialty 12.00.15. Reforming the nomenclature of sc
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11

Dr. Kefah Al-Souri, Dr. Ahmad Ababneh, Dr Mashal Mufleh Al-Jarrah,. "Methods of implementing civil judicial decisions, a study about Jordanian law and Islamic Sharia." Psychology and Education Journal 58, no. 1 (2021): 4332–47. http://dx.doi.org/10.17762/pae.v58i1.1511.

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Judicial decisions in the law and Sharia are implemented by following two methods, either voluntarily by the free will of the convicted person, or driven by fear of compulsory execution, and it is the second method carried out by the judiciary, by forcing the convicted person to implement the required consequent commitments and cries. The problem of this study lies In the adequacy of the legal texts and Islamic Sharia in finding solutions to implement judicial rulings and decisions, researchers will follow the descriptive and analytical approach, and the comparative approach whenever possible,
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12

Kaabi, Masoud. "Foundations, Formation Process, and Developments of Oath in Islamic Jurisprudence and Legal Procedure." Legal Studies in Digital Age 3, no. 4 (2024): 25–35. https://doi.org/10.61838/kman.lsda.3.4.3.

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In Islam, oath holds a significant and special position. Numerous oaths and vows have been cited in Quranic verses. In Iranian statutory law, oath as a means of proof has experienced different statuses throughout the history of Iran’s legislation before and after the Islamic Revolution, undergoing numerous transformations. Some of these transformations pertain to the probative value of the oath as evidence in proving crimes, while more significant developments have occurred in the realm of evidence for proving criminal offenses in general. Consequently, a historical review of the laws prior to
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13

Ribeiro, Lucas Torrez. "ANÁLISE DA RESPONSABILIDADE CIVIL ACERCA DE COBRANÇAS INDEVIDAS NAS RELAÇÕES DE CONSUMO." Revista ft 29, no. 140 (2024): 59–60. http://dx.doi.org/10.69849/revistaft/ch10202411131259.

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The article has social and academic relevance, as it proposes a perspective of discussion about Law, as a normative science, which seeks and generates effectiveness in social pacification. The attainment of social peace depends primarily on the disincentive provided to individuals who do not exercise self-protection in exchange for those who can potentially cause them harm. In this sense, the research aims to analyze the civil liability regarding undue charges in daily consumer relations, in addition to demonstrating how the jurisprudence, in attention to the State of Amazonas, has positioned
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14

Komissarova, E. G. "PARAMETERS OF THE METHODOLOGY OF JURISPRUDENCE IN THEIR FUNCTIONAL VALUE (on the Example of Civil Law)." METODOLOGICAL PROBLEMS OF THE CIVIL LAW RESEARCHES 3, no. 3 (2021): 50–75. http://dx.doi.org/10.33397/2619-0559-2021-3-3-50-75.

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Introduction: the methodology of scientific knowledge plays a dominant role in the system of science as a whole, regardless of the subject and branch of scientific knowledge. The geography of methodological knowledge is gradually expanding, the branch of law is becoming more and more receptive to it. The reason is known, it is in the chronic presence both in the theory of law and in certain branches of law of thematic discourses about methodology, focused on the thematization of its subject qualities. Not without this, lawyers are gradually forming their own methodological “philosophy”, whose
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15

Pylyp, Viktoria. "Constitutional principles of civil society Ukraine in the period of martial law." Constitutional and legal academic studies, no. 1 (October 15, 2023): 74–78. http://dx.doi.org/10.24144/2663-5399.2023.1.10.

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The purpose of the article is to clarify the peculiarities of the functioning civil society institutions Ukraine during the martial law. This became possible through the analysis of constitutional provisions, which are fundamental guarantees ensuring their activity; determination of certain aspects constitutional provision citizens’ right of to association during martial law, identification of contradictions between the provisions of the Constitution of Ukraine and other laws that determine the peculiarities functioning civil society institutions.Specialists in various fields of law, including
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16

Hanley, Sarah. "“The Jurisprudence of the Arrêts”: Marital Union, Civil Society, and State Formation in France, 1550–1650." Law and History Review 21, no. 1 (2003): 1–40. http://dx.doi.org/10.2307/3595067.

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During the 1500s and 1600s when state building in France depended on the government's ability to staff administrative and judicial offices, prime candidates emerged from the famous law schools. Steeped in new research methods favoring a documentary base, Jurists focused legal studies on the French past, rather than a Roman one, and fostered historical and comparative views of society, law, and nation. Searching in archives for customs and laws, they wrote histories tracing the development of French institutions, including the Parlement of Paris, and devised civic rituals to articulate French c
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17

Vasilevskaya, Liudmila Yurievna, Vladimir Sergeyevich Belykh, Tatiana Klavdievna Primak, Ekaterina Borisovna Poduzova, and Philipp Artemievich Tasalov. "Property turnover digitalisation: Interdisciplinary problems of post-classical jurisprudence." SHS Web of Conferences 118 (2021): 04001. http://dx.doi.org/10.1051/shsconf/202111804001.

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The purpose of the research is to consider the key interdisciplinary research and practice problems of the property turnover digitalisation and propose ways to solve them. Elements, phenomena and processes of the digital environment first appeared in the countries of the Anglo-Saxon legal family. By determining the constitutive features of them, the authors turned to classical domestic and foreign legal statutory concepts and policy management. The research was carried out by the comparative-legal method and modelling method. The identification of interdisciplinary research and practice proble
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18

Aliaj, Julejda, and Enkelejda Haxhiraj. "Absolute Invalidity of Legal Actions and Trial of Relevant Lawsuits Pursuant to the Albanian Civil Procedural Legislation and Jurisprudence." European Journal of Interdisciplinary Studies 4, no. 3 (2018): 68. http://dx.doi.org/10.26417/ejis.v4i3.p68-71.

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Purpose of work: The Civil Code of the Republic of Albania provides no terms with regard to the validity of the legal action; however it sets forth the circumstances (legal facts) causing invalidity of legal actions. The purpose of this work is to analyze the essential elements of the legal action, which lack and ambiguity leads to action nullity. On the other hand, this work intends to present the interaction between material and procedural law and case-law with regard to the trial of those lawsuits dealing with absolute invalidity of legal actions. Research method: The methodology employed i
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19

Kopcha, Vasyl, Ihor Mamontov, Hanna Reznik, Vadym Semko, and Olexij Yakhno. "Forms of implementation of legal policy in the field of civil law." Cuestiones Políticas 40, no. 73 (2022): 693–712. http://dx.doi.org/10.46398/cuestpol.4073.39.

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One of the most pressing modern problems of international law is the study of the characteristics of the regulation of civil law, as well as the forms of application of legal policy in the field of civil law. The guidelines for the development of private law policy are not only related to the development of legislation and the improvement of civil law doctrine, but also to the reform of judicial approaches in the examination of civil law disputes. The aim of the study is to form a scientific understanding of legal policy in the field of civil law, taking into account its current state. The mul
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20

Davydova, Іryna, Serhii Zhurylo, Roman Havrik, Svitlana Yakymchuk, and Hanna Samilo. "Implementing artificial intelligence in civil procedure and legal education: challenges and perspectives." Eduweb 17, no. 4 (2023): 154–64. http://dx.doi.org/10.46502/issn.1856-7576/2023.17.04.15.

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Artificial intelligence is increasingly used in various spheres of human life: industry, medicine, and defense. The latest technologies are beginning to be used in the Universities’ classrooms and in the courtrooms. Gradually, the issue of using artificial intelligence in jurisprudence became relevant both for European countries and Ukraine. Therefore, due to the rapid implementation of artificial intelligence technology, it became necessary to consider the problematic issues of implementing the interaction of legal education, civil process and artificial intelligence. The purpose of the work
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Wójtowicz, Ewa. "Ubezpieczenia ustawowe w PRL jako instytucja ubezpieczeń w gospodarce centralnie planowanej." Studia nad Autorytaryzmem i Totalitaryzmem 43, no. 4 (2021): 187–200. http://dx.doi.org/10.19195/2300-7249.43.4.15.

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The article concerns the issue of compulsory insurance known in the period of the Polish People’s Republic, which was created by the law itself — the so-called statutory insurance. The basic methods used are the legal-dogmatic method and the descriptive method, the study of legal literature, and the analysis of legal acts and jurisprudence, mostly of a historical nature. Statutory insurance functioned from the 1950s until the end of the 1980s in a centrally planned economy, being specific to the so-called socialist insurance. The insurance relationship concluded by the operation of law could e
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Tembo, Simbarashe, and Annette Singh. "Prospects for Constitutional and Human Rights Transformation through Constitutional Adjudication in Zimbabwe after 2013." African Journal of International and Comparative Law 29, no. 3 (2021): 383–99. http://dx.doi.org/10.3366/ajicl.2021.0372.

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The article is based on the notion that real socio-economic and political transformation did not follow the adoption of the 2013 Zimbabwean Constitution. Relying on theories of constitutionalism, transformational constitutionalism and transformative adjudication as contemplated by Karl Klare, the question of whether it is possible for the transformation agenda to be accomplished in the absence of political will, and the extent to which the courts can be used as a means of attaining this, is addressed. The article uses a socio-legal research method by drawing arguments from legal and policy-rel
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Kuznetsova, O. A. "LEGAL EXPERIMENT AS CIVIL SCIENCE SCIENTIFIC RESEARCH METHOD." METODOLOGICAL PROBLEMS OF THE CIVIL LAW RESEARCHES 3, no. 3 (2021): 297–318. http://dx.doi.org/10.33397/2619-0559-2021-3-3-297-318.

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Introduction: experimentation is a widely used method of cognition in all scientific spheres, especially in natural branches of human knowledge. Jurisprudence uses the concept of legal experiment which most often understood as a law-making experiment consisting of creation of an experimental legal norm and introducing it on some territory or in some sphere of public relations. However, the phenomenon of legal experiment should also cover a research experiment as a special juridical method of cognition. Purpose: to characterize the possibilities of using the method of legal experiment in civil
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24

Kalika, Satya Narayan. "An Analysis of Major Provisions of Nepalese Law of Contract (Part-V of Muluki Civil Code, 2074)." Management Dynamics 23, no. 1 (2020): 153–62. http://dx.doi.org/10.3126/md.v23i1.35570.

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This doctrinal study has adopted exploratory, descriptive and analytical methods. The analysis is based on primary sources of law drawn from statutes and judicial decisions, and some secondary data drawn from articles, books and treatises on the given issue. The nascent Muluki Civil Code, 2074 contains various provisions which are important from the jurisprudential point of view of the law of contract. This paper thrives to explore the major provisions of the current law of contract in Nepal, analyse the major provisions and jurisprudence of the law of contract, while also highlighting the dif
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25

Vinichenko, Yu V., and D. Pan. "ON THE DISCIPLINARY MATRIX OF CIVIL LAW SCIENCE: SETTING THE SCIENTIFIC TASK." METODOLOGICAL PROBLEMS OF THE CIVIL LAW RESEARCHES 3, no. 3 (2021): 31–49. http://dx.doi.org/10.33397/2619-0559-2021-3-3-31-49.

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Introduction: the article intends to draw the attention of the scientific legal community, especially scientists in the area of civil law, to the status of methodological elaboration of conceptual apparatus of the basis of civil law science. Authors accepted the term “disciplinary matrix”, which is proposed by T. Kuhn, to designate a system of such concepts and a system of scientific knowledge objectified in the concepts. Goal: to substantiate the development of a disciplinary matrix of civil law as one the main aims of the present science. Methods: authors used general scientific and special
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26

Jadalhaq, Iyad Mohammad. "Gross Fraud in the UAE Civil Code: From Its Roots in Islamic Jurisprudence to Contemporary Proposals for Reform." Arab Law Quarterly 34, no. 2 (2019): 109–40. http://dx.doi.org/10.1163/15730255-12341046.

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Abstract The regulations concerning gross fraud instituted by the United Arab Emirates (UAE) legislature in the UAE Civil Code are derived from provisions put forward by the Ḥanafī school of law. A general rule was put forward, and exceptions thereto were set. A certain remedy for gross fraud was instituted, namely, giving the defrauded party the right to terminate the contract. This article determines the comprehensiveness and adequacy of the legal texts dealing with the impact of gross fraud on contracts in the UAE Civil Code, the methods by which balance could be achieved between the intere
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Ghodrati, Fatemeh. "Jurisprudence Study of the Importance of the Role of a Woman’s Right to Have a Child: A Review." Current Womens Health Reviews 16, no. 3 (2020): 188–93. http://dx.doi.org/10.2174/1573404816666200218141849.

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Background: Every woman has the right to have children. Objective: This study aimed to investigate the Jurisprudence study of the importance of the role of a woman right to have a child. Methods: A review of the literature with keywords of motherhood. The viewpoints of the jurists, jurisprudent law, right contraception and breastfeeding, spiritual rewards, pregnant women, instinct of having a child and the Quran. The Information Centers such as Scopus and Iranmedex, Magi ran SID, Google Scholar, Science Direct, Pub med, and in the returns without any time limitations up to 2018. Therefore, Qur
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28

PAVLIKOV, S. G., and T. R. TAMAEV. "ABOUT "PUBLIC ENTITIES" IN PRIVATE LAW (ON THE EXAMPLE OF PUBLIC LAW COMPANIES)." Gaps in Russian Legislation 17, no. 2 (2024): 107–11. http://dx.doi.org/10.33693/2072-3164-2024-17-2-107-111.

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The article substantiates the judgment that despite the specificity of its status ("public subjects") public-law companies are participants of civil-law relations. The peculiarities of their position are conditioned by the need for the state to solve new tasks, including those related to the provision of national defense and security of the state. The work used general scientific methods of research: systemic, functional, system-structural. The authors successfully applied private-scientific: cultural, historical, sociological, statistical methods of research. The authors also used special res
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Dąbrowska, Agnieszka. "Analysis of the FIDIC arbitration clause in the light of international jurisprudence." ASEJ Scientific Journal of Bielsko-Biala School of Finance and Law 23, no. 1 (2019): 27–30. http://dx.doi.org/10.5604/01.3001.0013.2655.

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The aim of the paper is to present the subject matter related to the procedure of resolving disputes arising in connection with implementation of agreements concluded on the basis of contract models published by the international federation FIDIC in 1999 Red and Yellow Book. The intention of the authors of the FIDIC templates was to apply an autonomous multistage procedure (the so-called multi-step clause) for resolving disputes based on arbitration without taking the matter to court. However, the application of the procedure proposed by FIDIC raises controversies of legal and factual nature.
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Muzyczka, Karolina. "Protection of private property expropriation." ASEJ Scientific Journal of Bielsko-Biala School of Finance and Law 22, no. 2 (2018): 35–44. http://dx.doi.org/10.5604/01.3001.0012.4668.

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The basic law related to real estate/property is the right of ownership. It is the basic institution of property law in Poland and together with property ownership and the right of inheritance, is constitutionally protected. The provisions of the Constitution of the Republic of Poland of 1997, which set the standards for protection of property rights, are heterogeneous. This results both from their location in the basic law and from the wording. There are provisions in the form of constitutional principles, provisions expressing subjective rights, as well as provisions providing procedural gua
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31

Andreev, Y. N. "Judicial interpretation as a way of clarifying and clarifying civil law acts." Proceedings of Southwest State University. Series: History and Law 15, no. 2 (2025): 131–42. https://doi.org/10.21869/2223-1501-2025-15-2-131-142.

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Relevance. Judicial interpretation plays an important role in clarifying and clarifying the content and meaning of civil legislation. The high-quality interpretation of civil law acts by judicial authorities enhances judicial protection of subjective civil rights and legitimate interests. In the theory of law and civil law, there is no consensus on the designated method of scientific and legal cognition.Purpose: to find out the features, purpose and content of judicial interpretation, to justify the author's proposals for its further improvement.Research objectives: to define the concept, cont
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Parasiuk, M. V. "Civil-legal control in the law of Ukraine." Analytical and Comparative Jurisprudence, no. 1 (May 29, 2023): 180–84. http://dx.doi.org/10.24144/2788-6018.2023.01.27.

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Based on the current legislation, the article examines the theoretical foundations of civil-legal control in the law of Ukraine using general scientific methods of knowledge, such as systematic, complex and comparative analysis, methods of typology and classification, historical-legal, formal-legal, comparative jurisprudence. With the help of an interdisciplinary method, the general concept of control examined through the legal category of subjective law, which reveals the essence of control regardless of the scope of control processes. This position determined by the fact that control consist
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33

Strelbytska, Lilia, Mykola Strelbytskyi, Viktor Shemchuk, Mykhailo Rizak, and Khrystyna Kulhavets. "Features of civil liability of police officers for damage caused under the influence of force majeure." Cuestiones Políticas 38, Especial (2020): 371–82. http://dx.doi.org/10.46398/cuestpol.38e.24.

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The aim of the article is to analyze the characteristics of civil liability of Ukrainian police officers for damage caused under the influence of force majeure. At a methodological level to achieve the objectives of the article, the following scientific methods were combined: general (dialectical, formal-logical, system-structural) and special (historical, comparative-legal, etc.). Essentially, the concept of force majeure and its characteristics are studied, as well as two main theories of force majeure (objective and subjective). In addition, the main differences between force majeure and ca
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Gruodytė, Edita, and Marijus Šalčius. "Problems of the Application of Recourse Against a Person Who Has Caused Damage by Illegal Acts in Criminal Proceedings: The Case of Lithuania." Baltic Journal of Law & Politics 15, no. 1 (2022): 31–53. http://dx.doi.org/10.2478/bjlp-2022-0002.

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Abstract The need to compensate for material and moral damage caused to a person is a constitutional principle, which is implemented in Article 6.272 of the Civil Code of the Republic of Lithuania, establishing the non-contractual liability of the State for damage caused by pre-trial investigation officers, a prosecutor, a judge, or a court (hereinafter referred to as the “Officials”). Furthermore, Article 6.272(4) of the Civil Code provides that if the damage is caused by the intentional actions of the Officials, the State shall acquire the right of recourse in accordance with the procedure l
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Kaplunova, Natalia. "The Guarantees of Civil Rights: Single Ways of Protection and Their Systemic Relationship." Legal Concept, no. 2 (July 2022): 168–74. http://dx.doi.org/10.15688/lc.jvolsu.2022.2.22.

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Introduction: the target orientation of the domestic legal system of society is the protection of human and civil rights and freedoms. Constitutional and civil law principles express the central idea of the domestic legal regulation – the need to protect civil rights and legitimate interests of particular persons. The current legislation of the Russian Federation does not contain a legal definition of ways to protect civil rights, limiting itself only to listing specific ways to protect civil rights in Article 12 of the Civil Code of the Russian Federation. At the same time, there is no unifie
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Zhetibayev, Zhandos, and Sara Idrysheva. "The Role of Information and Communication Technologies in Civil Law Relations." Law, State and Telecommunications Review 13, no. 2 (2021): 121–38. http://dx.doi.org/10.26512/lstr.v13i2.34142.

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[Purpose] The purpose of the study is to establish using the methods of legal linguistics, synthesis and analysis of information the mechanism of formation of the conceptual sphere of cybersecurity and its representation in the texts of regulations. [Methodology] The methodological basis of the study was determined by the hermeneutic approach to jurisprudence which is mainly focused on methodology, legal technique, the logical and semantic interpretation of certain provisions of various branches of law. In the process of research, methods of analysis and synthesis of information, the comparati
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Shutak, Illya D., Sergii O. Koroied, Mykhaylo M. Kovalskyy, Vitalii M. Makhinchuk, and Maryna S. Briukhovetska. "Civil law enforcement of the rights of the patients with mental disorders: Ukrainian legislation and international practice." Cuestiones Políticas 37, no. 65 (2020): 182–97. http://dx.doi.org/10.46398/cuestpol.3865.14.

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There is a need to determine the patient's condition in the process of establishing legal relationships with the medical institution, as well as guaranteeing their human rights. The issue of guaranteeing the rights of patients with mental disorders has become particularly acute, which has led to the relevance of this study. For this reason, the objective of the article is to determine the status of the patient with mental disorder in civil law relationships, between him and the medical institution by examining the respective legal literature, the jurisprudence of the European Court of Human Ri
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Grechenkova, Oksana. "Legal regulation of digital technologies in the agricultural sector." E3S Web of Conferences 381 (2023): 01060. http://dx.doi.org/10.1051/e3sconf/202338101060.

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The article is devoted to the legal regulation of digital technologies in the agricultural sector. In the modern period of development of civil relations, the digitalization of personal and social relations, including in agriculture, is widespread. The regulation of these relations is carried out with the help of civil law. The legislator considers only certain types of regulation. Covering the current problems of digital technology regulation, the author draws attention to the similarities and differences between digital currency and digital financial assets. Digital technology requires prope
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Parasyuk, M. V. "Legal means of implementing the principle of procedural economy in civil proceedings." Uzhhorod National University Herald. Series: Law 1, no. 87 (2025): 240–45. https://doi.org/10.24144/2307-3322.2025.87.1.35.

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The article, based on a comprehensive analysis of current national legislation and legal approaches used in the European Union, considers legal means of implementing the principle of procedural economy in civil proceedings. The relevance of the topic is due to the need to increase the efficiency of civil proceedings in martial law. The object of the study is social relations in which the principle of procedural economy in civil proceedings is implemented. The subject of the article is the state of regulatory regulation of the principle of procedural economy in civil proceedings. The methodolog
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Hryshko, V., and S. Vozniuk. "Problematic aspects of the implementation of artificial intelligence in the field of jurisprudence." Analytical and Comparative Jurisprudence, no. 2 (May 11, 2024): 29–34. http://dx.doi.org/10.24144/2788-6018.2024.02.3.

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The article is devoted to highlighting problematic aspects of the implementation of artificial intelligence in the field of jurisprudence, in particular, in certain branches of law. Due to the rapid development of neural network capabilities, artificial intelligence is a tool for quickly completing tasks and processing information in various spheres of society, including in jurisprudence. Therefore, for a comprehensive analysis, it is necessary to identify problem areas for the implementation of such a phenomenon. It is noted that today there is no unified approach to defining the concept of a
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SKVORTSOV, O. Yu. "REVIEW OF THE MONOGRAPH BY S.A. KUROCHKIN “THE EFFECTIVENESS OF CIVIL PROCEEDINGS”." Herald of Civil Procedure 10, no. 5 (2020): 296–305. http://dx.doi.org/10.24031/2226-0781-2020-10-5-296-305.

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This review is a brief review of the monograph by S.A. Kurochkin “The Effectiveness of Civil Proceedings”. The effectiveness and efficiency of judicial protection of rights, freedoms and legitimate interests remains one of the urgent problems of modern jurisprudence. The book describes the concept of the effectiveness of civil proceedings, which made it possible to look at the issues of the effectiveness and efficiency of judicial activity in a comprehensive manner, to apply the methods of sociology of law, a systematic approach and economic analysis of law. The theoretical and applied aspects
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KHABIROV, ARTUR. "MODERN LEGAL REGULATION OF CIVIL RELATIONS UNDER THE LEGISLATION OF THE PEOPLE'S REPUBLIC OF CHINA." LEGAL BULLETIN 2, no. 8 (2023): 88–96. https://doi.org/10.5281/zenodo.11190028.

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The beginning of the second decade of the XXI century was marked by a landmark event for the civil law of the People’s Republic of China - the adoption of the first codified normative legal act in more than seventy years - the Civil Code of the People’s Republic of China. Despite the fact that civil law is one of the leading branches of law in China, however, for various reasons, codification was completed only in 2020. The study of the civil legislation of any country is of great scientific and practical interest and will further contribute to the enrichment of the doctrine and re
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Jaskólski, Adam Zygmunt, and Bernadetta Izydorczyk. "The MMPI-2 as a predictor of exaggeration/malingering and psychopathology associated with post-traumatic stress disorder in psychological diagnosis in civil cases – a case study analysis." Psychiatria i Psychologia Kliniczna 24, no. 3 (2025): 273–82. https://doi.org/10.15557/pipk.2024.0034.

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Aim: The aim of the paper was to present the Minnesota Multiphasic Personality Inventory-2 (MMPI-2) as a tool to assist a forensic psychologist in identifying symptom malingering/exaggeration and psychopathology associated with post-traumatic stress disorder. We also discuss the standards of psychological diagnosis for jurisprudence based on scientific and empirical evidence. Another aim was an introduction to the issue of assessing the attitude of the examined persons towards reliable reporting of symptoms and an honest approach to psychological tests. We also presented the determinants speci
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Fedorenko, Mykhailo Oleksandrovych. "The Mediation as a Method of Alternative Civil Dispute Resolution." Alʹmanah prava, no. 15 (September 1, 2024): 649–53. https://doi.org/10.33663/2524-017x-2024-15-649-653.

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This article is devoted to the study of mediation as one of the main alternative ways of resolving disputes of civil law nature in civil proceedings in Ukraine.The Mediation provides a structured and effective method of resolving conflicts between parties. It allows the parties to come to an agreement and find a mutually beneficial solution, bypassing lengthy and costly litigation. It’s important to note, that the mediation helps to reduce the burden on the judiciary, freeing up resources for more complex and contentious cases. It can speed up the dispute resolution process and reduce the cost
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Składanek, Bartłomiej. "Operation and Jurisprudence of Municipal Courts in the Radom District During the German Occupation (1939-1945)." Teka Komisji Prawniczej PAN Oddział w Lublinie 17, no. 2 (2024): 415–25. https://doi.org/10.32084/tkp.9221.

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The aim of this article is to analyse the functioning of municipal courts in the Radom district during the German occupation in the years 1939-1945. The paper aims to show how municipal courts, despite the restrictions imposed by the occupier, played an important role in ensuring basic legal order and resolving civil and criminal cases that concerned everyday social problems. The article analyses the jurisprudence of these courts, focusing on their efficiency, the length of proceedings, and the changing number of cases during the occupation. The research is based on archival material, using hi
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Agayev, F. B. "Analytical support of the procedural decision-making process." Mathematical machines and systems 4 (2020): 20–32. http://dx.doi.org/10.34121/1028-9763-2020-4-20-32.

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In the process of legal research, private scientific methods are developed and used to study legal reality, such as the method of comparative jurisprudence, the method of interpretation (explanation) and the formal legal method. However, at the present stage of legal research, it is impossible to be limited only by these methods. Even legal scholars who consistently defend the status of dogmatic jurisprudence recognize that the application of these methods, with all their merits, sets a limiting framework in un-derstanding the practical action of positive law and the originality of its theoret
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Kaklys, Karolis. "Practical-Problematic Features of the Application of the Rule of Exception to the Admissibility of Evidence (pt. 6 of Article 1.93 of CC of the Republic of Lithuania)." Socialiniai tyrimai 45, no. 2 (2022): 67–76. http://dx.doi.org/10.15388/soctyr.2022.45.2.4.

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Article 1.93 (pt. 2) of the Civil Code of the Republic of Lithuania there is an established imperative that non-compliance with the form required by law deprives the parties of the process of the right, when there is a dispute regarding the conclusion of the transaction or the fact of its execution, to rely on the testimony of witnesses to prove this fact. In this scientific article, an empirical study was conducted, the purpose of which is to evaluate Article 1.93 (pt. 6) of the CC of the Republic of Lithuania the practical-problematic features of the application of the rule of exception to t
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Alyakin, Dmitry S. "Good faith performance of contractual obligations under Russian law." Vestnik of Saint Petersburg University. Law 13, no. 1 (2022): 107–27. http://dx.doi.org/10.21638/spbu14.2022.106.

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The paper examines the implementation of the good faith performance of contractual obligations under Russian law, and identifies requirements addressed to parties in this area. The relevance of the paper stems from the increasing Russian legislator’s attention to extending the application of good faith in civil circulation, including the performance of obligations. The research aim is to examine the nature of good faith performance of obligations. The research material was the Civil Code of the Russian Federation, Russian jurisprudence, and domestic authors’ studies in the field of civil law.
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Alyakin, D. S. "Due Performance of Contractual Obligations in the Context of Amendments to the Civil Code of the Russian Federation." Journal of Law and Administration 18, no. 3 (2022): 39–47. http://dx.doi.org/10.24833/2073-8420-2022-3-64-39-47.

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Introduction. The paper examines the structure of due performance of obligations, as well as analyses the principal amendments to the civil law regulation of the relevant relations.Materials and methods. The research material consisted of the Civil Code of the Russian Federation, jurisprudence, and scientific studies in the field of civil law. The methodological basis was composed of general scientific (analysis, synthesis, and analogy) and special legal methods (comparative-legal, formallogical, systemic, structural-functional methods, and method of interpretation).Research results. The autho
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Komnatnaya, Yulia, Evgeny Miroshnikov, Irina Saveleva, Bela Bidova, and Yulia Boltenkova. "Role of the doctrine of legal customs in the formation of European law in the Middle Ages." Jurnal Cita Hukum 11, no. 3 (2023): 403–12. http://dx.doi.org/10.15408/jch.v11i3.36084.

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The purpose of this article is to analyze the medieval legal doctrine of legal customs as a source of law. The author uses comprehensive historical analysis based on traditional scientific cognition methods for jurisprudence, such as analysis, synthesis, deduction, and induction. The issues of the correlation of legal custom and law in Europe in various periods of the Middle Ages, the influence of customary law on the formation and development of substantive and procedural law, as well as the formation of civil and commercial legislation in European countries, are discussed. The research metho
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