Правоведение最新文献

{"title":"A comparative overview on agricultural contracts in Sudan","authors":"Gian M. Piccinelli","doi":"10.21638/spbu25.2023.302","DOIUrl":"https://doi.org/10.21638/spbu25.2023.302","url":null,"abstract":"Sudan, like other African nations, has experienced challenges related to land ownership, aggravated by its previous status as the largest country in Africa before South Sudan’s secession. Traditionally, land in Sudan has been held collectively by tribes, managed by chiefs or tribal leaders through customary regulations. In this system, an individual’s right to land is derived from their membership in the community or tribe. Specific areas for communal use are exclusively reserved under customary law, where individuals can access them as a shared resource. This concept aligns with the notion of a native common good in modern terms, as described by the economic analysis of law, where ownership rights prevent individuals from excluding others. The right to exclude others does not apply in this case. These customary traditions remained mostly unaffected by colonial and post-colonial governments, which introduced a separate land tenure system based on the state’s authority to allocate land. Alongside these customs, Islam, as a religious faith, also played a significant role, providing principles and regulations that intertwined with customary traditions to form a binding body of law. However, the religious rules themselves are only one component of the living law, whose content is shaped through the interaction with customary practices. Official land law in Sudan, influenced by colonial practices, has undergone modifications under successive governments but remains fundamentally rooted in the colonial land laws. These laws were initially implemented to confiscate large land areas for commercial farming, particularly cotton production, and to regulate urban residency in support of colonial regime security. One of the fundamental issues related to rural land tenure stems from the principle introduced by the British colonial power in 1898, which assumes that unregistered land is owned by the government unless proven otherwise. Considering the premises, the purpose of this contribution is to analyse the land laws in Sudan and, in particular, the main type of agrarian contracts.","PeriodicalId":487551,"journal":{"name":"Правоведение","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135955748","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}

{"title":"Gabriele Crespi Reghizzi and his time: A comparative lawyer against the background of the epoch","authors":"Renzo Cavalieri, Oleg Anisimov","doi":"10.21638/spbu25.2023.301","DOIUrl":"https://doi.org/10.21638/spbu25.2023.301","url":null,"abstract":"The article is devoted to an Italian lawyer, a prominent specialist in comparative law Gabriele Crespi Reghizzi (1941–2022), who in the last period of his life worked at the Department of Law of St. Petersburg State University. It talks about main milestones of his academic career: emergence of interest in Soviet and Chinese law, acquaintance with leading scientists in these fields, creation of innovative works. In addition to the law of the USSR and China, he was interested in the law of states of Eastern Europe, India and Africa, focusing on not only genesis of legal systems, but also their development and interaction in the context of international relations. The knowledge and experience of G.Crespi Reghizzi, as it seemed, should have remained within the framework of a narrow academic interest, but economic reforms in China in the 1970s and 1980s and political changes in Europe in the 1980s and early 1990s gave them a fresh start. Professor G.Crespi Reghizzi was widely known by his professional activity as a business lawyer, international commercial judge, consultant on legal aid projects for post-Soviet states. His contribution to the codification of civil law in Russia is noted. Among G.Crespi Reghizzi’s distinctive features as a scientist, the author notes his extremely attentive attitude to legal terminology, and in the case of the Chinese language — to legal ideography, extensive use of primary sources and non-traditional sources, knowledge of several foreign languages. He attracted people, students and colleagues, by virtue of his personal qualities as attentiveness, spiritual generosity, originality of views, willingness to share his exotic experiences. To compile a complete bibliography of G.Crespi Reghizzi’s works seems to be quite difficult, since, besides professional legal publications and publishing houses, he willingly published in a variety of places and forms, wrote a lot of practical and popular scientific works, not to mention the linguistic diversity of his publications. Nevertheless, the article presents his main works, which made a great contribution to understanding the legal system of socialist and post-socialist countries and comparative law.","PeriodicalId":487551,"journal":{"name":"Правоведение","volume":"41 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135955755","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}

{"title":"Dipartite principle in the mechanism of the real right’s alteration in China","authors":"Shuxiu Chen","doi":"10.21638/spbu25.2023.306","DOIUrl":"https://doi.org/10.21638/spbu25.2023.306","url":null,"abstract":"The discrepancy of real right transfer mode decides the registered effects of real estate register (Confrontation or Confirmation Doctrine) and its examinational scope, further influencing the credibility and applied scope of the real estate register. The defined basis of the transfer mode is the attitude toward the juristic act of liability and juristic act of disposition, the causality and nonature of the juristic act of disposition. According to the research on the history, axiology and systematology, the transfer mode with the idealism has been cancelled in Chinese legislation, but there are still some exceptions. The enacting of the article 595 of the Civil Code is to distinguish the relationship between sales contracts and other contracts, which is unable to combine it with the article 598 and then deem the double effects of the sales contracts. The distinguish between juristic act of liability and juristic act of disposition in Chinese civil law has been confirmed by the juridical practices, which contained in the article 215 of the Civil Code. This distinguish is a summary of social and life experiences, particularly outstanding in the presale of house, the real estate register and the non-real time sales. In the real estate register, the consensus of both parties includes in the registration application, their signature means the agreement for the change of real right. The article 597 of the Civil Code stipulates the juristic act of liability’s effect when the seller has no right to dispose it. The distinguish principle in the theory of juristic act of real right, is not only beneficial to protect the third party, but can also clearthe legal relation in the complicated disputes. In this condition, some scholars still deny that the separation of juristic act of liability and juristic act of disposition is induced by the preconceived notions. Although the principle of abstraction has some advantages to protect the transaction safety and simplify the trading programs, no identified basis can be found in the examinational scope and related law when the authority handles the registration.","PeriodicalId":487551,"journal":{"name":"Правоведение","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135955761","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}

{"title":"Classification in the european legal systems of exclusive competence of the Rabbinical court in Jewish divorce","authors":"Dmitry V. Tarikanov","doi":"10.21638/spbu25.2023.305","DOIUrl":"https://doi.org/10.21638/spbu25.2023.305","url":null,"abstract":"In Israel in the family questions is applicable the religious law of each confession. To the Jewish people is applicable the religious Jewish law which dates back to the Pentateuch of Moses. According to that law the divorce is not only the legal, but also the sacral act. The divorce between the Jewish people is realized in Israel in the religious rabbinical court. The divorce in the secular court does not have the legal effect from the point of view of religious Jewish law. If the Jewish spouses wish to get divorced in an european country where the religious courts do not have the public power, so two concepts come into conflict: the concept of the territorial sovereignty of the State authority and the concept if the universal power of religion over its followers regardless of their residence. In private international law this conflict expresses in the conflict of characterization. The requierement of the religious support of divorce is considered as the substance in law of Israel and as the procedure in law of european countries (Russia, Germany, France). This article is dedicated to the conflict of civilization, competence and/or characterization, which consists in the question whether to consider the religious rabbinical court as exclusive competent and to refer the spouses to get divorced in Israel or to consider the secular court in an european country as an equivalent replacement of the religious court. Since the French Court of Cassation rendered its famous decision in the case of Levinçon 1903 where this question was first posed this question has still not found its unambiguous solution.","PeriodicalId":487551,"journal":{"name":"Правоведение","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135959004","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}

{"title":"“La Trahison des Images”: Intentional discrepancy between individual will and its declaration","authors":"Alexander Y. Zezekalo","doi":"10.21638/spbu25.2023.304","DOIUrl":"https://doi.org/10.21638/spbu25.2023.304","url":null,"abstract":"The paper is intended to pursue the old issue of the underlying basis of contracts as well as legal transactions on the whole. The main idea is, consequently, to explore, using example of vices of will caused by intentional discrepancy between the internal will and its declaration, which theoretical pattern should be applied to the legislative regulation, which is in force nowadays first of all within the civil law legal space. In particular, with the aim of answering, in a way, the question whether it is really obvious that the dogma of the autonomy of the will here is no longer the basis of the rules of contract. Brief comparative overview demonstrates that despite the significantly different viewpoints of the doctrines as to the basis of legal transaction, and above all, a contract, many legal systems of continental Europe do take a serious account of the subjective element and proceed openly or implicitly from the necessity that the internal will should correspond to its external expression. At the same time, within the contract law, in some cases it is being spoken of consensus and its vices. However, if consensus in such cases means nothing but agreement on the parties’ intentions, we are still dealing with the same subjective approach, based to a large extent upon the central idea of the old will theory and its modifications, attaching at least considerable degree of importance to the individual will.","PeriodicalId":487551,"journal":{"name":"Правоведение","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135959022","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}

{"title":"Evolution of property in Cuba in a comparative perspective","authors":"Francesca Benatti","doi":"10.21638/spbu25.2023.303","DOIUrl":"https://doi.org/10.21638/spbu25.2023.303","url":null,"abstract":"The essay examines the evolution of property in Cuba. It focuses in particular on the reforms that led to the recognition of private property in the 2019 Constitution and the first embryonic openings to the market. The different theories on the emergence of real rights and privatisation are then considered, with a comparison between the rapid and gradual privatisation models. The latter embodied by China and Vietnam, whose experience are analysed, seems to have achieved good results. China since Deng’s reforms has opened up to the market and the slow recognition of real rights was enshrined in the 2007 law. The balance achieved is taken up in the 2021 code. The new phase, announced by Xi Jinping, is inspired by the idea of common prosperity. Vietnam with its Doi Moi policy followed a similar path and the difficult balance between the different visions was enshrined in the Constitution. It should be noted that socialist countries are trying, although not without contradictions, to discover their own model capable of guaranteeing individual protections and freedoms together with the development and improvement of quality of life. In this journey, the fundamental and indispensable establishment of property, contract, and enterprise must be balanced with the principles of equality and social justice that are or should be the foundation of their own experience.","PeriodicalId":487551,"journal":{"name":"Правоведение","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135959011","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}