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Global Journal of Comparative Law最新文献

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The Problems of Determining the Time and Legal Consequences of the Occurrence of the Human Right to Life and Health in the Context of Recoding the Civil Law of Ukraine 乌克兰民法背景下生命健康权发生的时间和法律后果的确定问题
Global Journal of Comparative Law Pub Date : 2021-06-25 DOI: 10.1163/2211906x-10010007
V. Yarotskiy, N. Fedorchenko, Iryna I. Puchkovska
{"title":"The Problems of Determining the Time and Legal Consequences of the Occurrence of the Human Right to Life and Health in the Context of Recoding the Civil Law of Ukraine","authors":"V. Yarotskiy, N. Fedorchenko, Iryna I. Puchkovska","doi":"10.1163/2211906x-10010007","DOIUrl":"https://doi.org/10.1163/2211906x-10010007","url":null,"abstract":"\u0000The article is devoted to the consideration of the problem of determining the time when a person’s right to life and health arises. Excluding from the criteria the point at which a person acquires the right to life would strengthen the civil legal protection of the relevant subjective civil law. This may lead to the need to recognise, as the time of occurrence of the right to inheritance, that the accumulation of the composition of these circumstances cannot exist without legal capacity. It is proposed to introduce into the categorical apparatus of civil law the concept of ‘special civil capacity’. The emergence of special civil capacity and a subjective civil right to life will be linked to the above circumstances; the ability to have other subjective civil rights will be associated with the fact of birth.","PeriodicalId":38000,"journal":{"name":"Global Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48357566","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Civil Code of Ukraine – A Reliable Regulator of Civil Relations in Civil Society 乌克兰民法典——公民社会中民事关系的可靠规范
Global Journal of Comparative Law Pub Date : 2021-06-25 DOI: 10.1163/2211906x-10010002
N. Kuznietsova, O. Petryshyn, D. Pylypenko
{"title":"The Civil Code of Ukraine – A Reliable Regulator of Civil Relations in Civil Society","authors":"N. Kuznietsova, O. Petryshyn, D. Pylypenko","doi":"10.1163/2211906x-10010002","DOIUrl":"https://doi.org/10.1163/2211906x-10010002","url":null,"abstract":"\u0000This article is a study of the Civil Code of Ukraine as the main regulator of civil relations in civil society. The history of adoption of the Civil Code of Ukraine and its conceptual foundations were reviewed. Particular attention is paid to the problem of dualism of private law in Ukraine. The structure and content of the Civil Code of Ukraine were analysed. Attention is also paid to the main novelties of the Civil Code of Ukraine. The principal rules for the regulation of legal entities were analysed. Novelties in defining the object composition of civil legal relations are considered. Particular attention is paid to the main directions of modern scientific research in the field of the civil law of Ukraine. The study confirms the urgent need for a thorough recodification of the Ukrainian civil law, with mandatory consideration of the experience of the implementation of modern recodifications in many European countries.","PeriodicalId":38000,"journal":{"name":"Global Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46239519","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
A Pan-European Dimension to the Implementation and Protection of Civil Rights 公民权利实施和保护的泛欧层面
Global Journal of Comparative Law Pub Date : 2021-06-25 DOI: 10.1163/2211906x-10010006
M. Suleimenov, O. Kot, Serhii O. Pohribnyi
{"title":"A Pan-European Dimension to the Implementation and Protection of Civil Rights","authors":"M. Suleimenov, O. Kot, Serhii O. Pohribnyi","doi":"10.1163/2211906x-10010006","DOIUrl":"https://doi.org/10.1163/2211906x-10010006","url":null,"abstract":"\u0000The study of subjective law in the scientific and theoretical literature has a long history, which is conditioned by the crucial importance of this category for private law in general and legal relations in particular. The purpose of the article is to analyse the pan-European dimension of the exercise and protection of civil rights. Key methods of research used are the method of comparative legal analysis and the method of linguistic and systematic interpretation of legal texts. It was concluded that the court’s method of protecting subjective civil rights must comply with the rules of law and their meaning, which should be understood on the basis of a systematic analysis of the mechanism for legal regulation.","PeriodicalId":38000,"journal":{"name":"Global Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46427297","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 5
Convergence of the Contract Law of Ukraine and EU Member States 乌克兰与欧盟成员国合同法的趋同
Global Journal of Comparative Law Pub Date : 2021-06-25 DOI: 10.1163/2211906x-10010010
V. Luts, A. Hryniak, M. Pleniuk, Valeriia V. Krykoves
{"title":"Convergence of the Contract Law of Ukraine and EU Member States","authors":"V. Luts, A. Hryniak, M. Pleniuk, Valeriia V. Krykoves","doi":"10.1163/2211906x-10010010","DOIUrl":"https://doi.org/10.1163/2211906x-10010010","url":null,"abstract":"\u0000The purpose of the article is to analyse the modern contract law of Ukraine, which requires convergence with the provisions of the contract law of the countries of the European Community. The paper uses general scientific and special legal methods of scientific knowledge of private-law relations. The leading method of investigation of this issue is the modelling technique. In general, the issues of contractual regulation of private-law relations both in European Union law and in Ukraine are primarily addressed in terms of enhancing the role of the contract and shifting the emphasis from the statutory to individual regulation; strengthening the tendencies of the better legal protection of the interests of the weak side of the contractual obligation. Attention is drawn to the necessity of the introduction of a European methodology of binding law, which is reflected in the need for a combination of new and already known effective legal structures.","PeriodicalId":38000,"journal":{"name":"Global Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43134706","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Protection of Intellectual Property Rights: Towards Harmonisation of Ukrainian and EU Law 知识产权保护：促进乌克兰和欧盟法律的协调
Global Journal of Comparative Law Pub Date : 2021-06-25 DOI: 10.1163/2211906x-10010016
V. Kossak, I. Yakubivskyi, M. Oprysko
{"title":"Protection of Intellectual Property Rights: Towards Harmonisation of Ukrainian and EU Law","authors":"V. Kossak, I. Yakubivskyi, M. Oprysko","doi":"10.1163/2211906x-10010016","DOIUrl":"https://doi.org/10.1163/2211906x-10010016","url":null,"abstract":"\u0000The article analyses the civil law means of protecting the ownership rights to intellectual property from the standpoint of Ukrainian law and practice. The focus is on those means of protecting intellectual property rights envisaged by the Association Agreement between the EU and the eaec and their Member States, of the one part, and Ukraine, of the other part, and outlines the prospects for their practical implementation within the legal framework of Ukraine. Among the means of protecting intellectual property rights, prohibition of the misuse of intellectual property in a specific way is considered. The paper also analyses the ways of protecting intellectual property rights, which are aimed at restoring the situation that existed prior to their violation, in particular, the removal from the civil circulation of goods manufactured or put into civil circulation, thus causing a violation of intellectual property rights, and subsequent destruction of such goods.","PeriodicalId":38000,"journal":{"name":"Global Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44266997","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Arbitrary Judicial Interference in Human Rights Guaranteed by the Convention 对《公约》保障的人权的任意司法干预
Global Journal of Comparative Law Pub Date : 2021-06-25 DOI: 10.1163/2211906x-10010014
S. A. Slipchenko, Oleh Syniehubov, Aleksandr R. Shyshka, Vikoriia V. Valakh
{"title":"Arbitrary Judicial Interference in Human Rights Guaranteed by the Convention","authors":"S. A. Slipchenko, Oleh Syniehubov, Aleksandr R. Shyshka, Vikoriia V. Valakh","doi":"10.1163/2211906x-10010014","DOIUrl":"https://doi.org/10.1163/2211906x-10010014","url":null,"abstract":"\u0000The purpose of this study is to improve the approaches to the resolution of disputes arising from the arbitrary interference of the judiciary with human rights stipulated by the Convention. The methodological basis of this study consists of: the method of comparative legal analysis; the method of linguistic and systematic interpretation of legal texts; and synthesis of European Court of Human Rights decisions. The paper examines European Court of Human Rights decisions regarding arbitrary interference by the state with human rights. The authors of this scientific paper identify groups of the most common human rights breaches arising from the administration of justice by national courts. The results of the study suggest that it seems necessary and justified in any democratic society to have certain safeguards in the law of the respective state, namely, a certain set of legal safeguards against arbitrary interference with human rights by the judiciary.","PeriodicalId":38000,"journal":{"name":"Global Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45648709","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Implementation of the Right to Inheritance: Problems of Theory and Practice 继承权的实施:理论与实践问题
Global Journal of Comparative Law Pub Date : 2021-06-25 DOI: 10.1163/2211906x-10010015
S. Bychkova, N. Bilianska, Tetiana Fedosieieva
{"title":"Implementation of the Right to Inheritance: Problems of Theory and Practice","authors":"S. Bychkova, N. Bilianska, Tetiana Fedosieieva","doi":"10.1163/2211906x-10010015","DOIUrl":"https://doi.org/10.1163/2211906x-10010015","url":null,"abstract":"\u0000The article is devoted to the research into problematic aspects of exercising the right of inheritance by different categories of entities. As a result of the research conducted, recommendations for improvements to Ukrainian legislation have been developed. The status of a child born after 10 months and as a result of the use of assisted reproductive technologies after the death of one spouse should be determined at the legislative level. It also would be expedient in the Civil Code of Ukraine to fix the testator’s rights to settle the issue of birth of his children in the will through the use of assisted reproductive technologies after his death and to appoint such children as heirs. In addition, the Civil Code of Ukraine should provide for the possibility of individuals recognised as missing, to be heirs, and to secure the right to have a guardian over the property of such persons.","PeriodicalId":38000,"journal":{"name":"Global Journal of Comparative Law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42690812","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Re-codification of the Civil Law of Ukraine: On the Way to European Integration 乌克兰民法再法典化:走向欧洲一体化之路
Global Journal of Comparative Law Pub Date : 2021-06-25 DOI: 10.1163/2211906x-10010001
V. Tatsiy
{"title":"Re-codification of the Civil Law of Ukraine: On the Way to European Integration","authors":"V. Tatsiy","doi":"10.1163/2211906x-10010001","DOIUrl":"https://doi.org/10.1163/2211906x-10010001","url":null,"abstract":"In Ukraine’s foreign policy, European integration is one of the highest priorities. This applies to all areas that are controlled by the authorities, as well as those supported by public organisations. When analysing and observing social processes that have been taking place in the past few years, to a certain extent, one can track the impact of European integration processes on society. There is active work taking place with young people in educational, health and social projects. Changes are being made in support of people with disabilities, namely, the needs of such people are beginning to be considered when constructing buildings and laying roads, and in the technical planning of cities, but what is more significant is a change in the attitude of society towards such people. The main strategic document of the European integration processes is the Association Agreement between Ukraine and the European Union. This agreement spells out Ukraine’s obligations to the European Union, as well as what the European Union will contribute to on the path to European integration. This issue demonstrates how European integration has influenced and can affect Ukrainian legislation in the field of civil law. The essence of the Civil Code of Ukraine is presented, as well as how changes are taking place in financial markets, in the protection of civil rights, intellectual property and inheritance. Below we offer a closer look at the research vectors that are presented in this issue. Nataliia S. Kuznietsova, Oleksandr V. Petryshyn and Denys S. Pylypenko studied the Civil Code of Ukraine, namely the history of its creation, innovations that are occurring due to European integration and the conceptual foundations of the Code. The authors thoroughly analysed the code from the Global Journal of Comparative Law 10 (2021) 1-4","PeriodicalId":38000,"journal":{"name":"Global Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48596953","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
The Legal Status of a Company after Decision on Its Liquidation 公司清算决定后的法律地位
Global Journal of Comparative Law Pub Date : 2021-06-25 DOI: 10.1163/2211906x-10010011
V. Khomenko, Leonid V. Efimenko, Valentyna A. Vasilyeva
{"title":"The Legal Status of a Company after Decision on Its Liquidation","authors":"V. Khomenko, Leonid V. Efimenko, Valentyna A. Vasilyeva","doi":"10.1163/2211906x-10010011","DOIUrl":"https://doi.org/10.1163/2211906x-10010011","url":null,"abstract":"\u0000Entrepreneurial activity is one of the main factors in the development of the market economy of the state, the internal and external markets of Ukraine and innovative industries. Therefore, the main purpose of this article is to analyse the peculiarities of the legal position of a company after a decision has been made to terminate it. It is established that the liquidation of legal entities is performed without the transfer of the rights and obligations of the liquidated enterprise to other persons, i.e. without succession. Upon liquidation of the enterprise, its rights and obligations are terminated. The current civil legislation does not provide for the limitation of the powers of the liquidation commission in cases of liquidation based on a court decision. It is argued that the liquidation commission be terminated when an entry on termination of the activity of a legal entity is made in the unified state register.","PeriodicalId":38000,"journal":{"name":"Global Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48855128","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Reform of Civil Legislation on Legal Liability 民事法律责任立法改革
Global Journal of Comparative Law Pub Date : 2021-06-25 DOI: 10.1163/2211906x-10010009
Yurii Prytyka, M. M. Khomenko, I. Bulat
{"title":"The Reform of Civil Legislation on Legal Liability","authors":"Yurii Prytyka, M. M. Khomenko, I. Bulat","doi":"10.1163/2211906x-10010009","DOIUrl":"https://doi.org/10.1163/2211906x-10010009","url":null,"abstract":"\u0000The article is devoted to the research of the institute of civil liability through the prism of recoding of the civil legislation of Ukraine. Particular attention is paid to the experience of a number of European Union countries in reforming civil legislation. The study used the following methods: dialectical, formal and legal, comparative legal. In the process of future recoding of the civil legislation of Ukraine, it is proposed to focus the attention of the expert community on the following problems: defining a system of non-contractual obligations; overcoming the dominance of blanket norms in the main act of civil law; revision of fundamental approaches to terms of exemption from civil liability; full revision of the rules governing liability for breach of monetary obligations; the need to enshrine pre-contractual liability rules; the implementation of institution of collective redress in substantive civil law; rethinking of approaches to the regulation of conditioning obligations.","PeriodicalId":38000,"journal":{"name":"Global Journal of Comparative Law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-06-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49001568","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
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