Journal of politics and law最新文献_第10页

Depriving the Debtor’s Essential Obligation of its Substance and its Remedies under the Provisions of Article 1170 of the French Civil Code 根据《法国民法典》第1170条的规定剥夺债务人基本义务的实质内容及其救济

Journal of politics and law Pub Date : 2020-05-25 DOI: 10.5539/jpl.v13n2p129

Y. Shandi, Osama Ismail Mohammad Amayreh

{"title":"Depriving the Debtor’s Essential Obligation of its Substance and its Remedies under the Provisions of Article 1170 of the French Civil Code","authors":"Y. Shandi, Osama Ismail Mohammad Amayreh","doi":"10.5539/jpl.v13n2p129","DOIUrl":"https://doi.org/10.5539/jpl.v13n2p129","url":null,"abstract":"In 1994 and thereafter, the French judiciary set a trend by utilizing the causation theory to revoke the exemption clauses of liability that constitute a violation of the contract’s essential obligations. This utilization was intended to restore economic equilibrium to the contract, in order to achieve the benefit each party seeks from concluding a contract. However, in 2016, the new amendments of the French civil code -which were issued by decree no: 131-2016- abolished the causation theory in general. Nevertheless, they retained the previous French judicial trend based on causation theory, where Article 1170 of the new amendments states clearly “any contract term which deprives a debtor’s essential obligation of its substance is deemed not written”. However, Article 1170 of the new amendments did not specify what is meant by an essential obligation? When does the contract’s term result in depriving the debtor’s essential obligation of its substance? Moreover, Article 1170 consolidates an individual penalty which may cause many legal problems. These problems are: the matter concerns an essential clause in the contract and not a secondary one, the other clauses of the contract remain valid as they have been, without any modifications or replacements and, in some cases, abolishing the clause itself might lead to further imbalance in the contract. Therefore, the legal provisions of Article 1170 should be analyzed in an analytical approach along with the previous French judicial trend with respect to these provisions. As a result, the research illustrates the urgent need to amend Article 1170 of the new amendments, in order to contribute to the stability of the economic contractual equilibrium.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43672198","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

Extraterritorial Jurisdiction: From Theory to International Practices and the Case of Vietnam Law 域外管辖权:从理论到国际实践与越南法律案例

Journal of politics and law Pub Date : 2020-02-29 DOI: 10.5539/jpl.v13n1p151

Thi Minh Phuong Tran

引用次数: 0

Bipolar Strategic Stability in a Multipolar World 多极世界中的双极战略稳定

Journal of politics and law Pub Date : 2020-02-29 DOI: 10.5539/jpl.v13n1p82

C. Kuklinski, Jeni Mitchell, Tim Sands

引用次数: 5

Reviewer Acknowledgements for Journal of Politics and Law, Vol. 13, No. 1 《政治与法律杂志》第13卷第1期书评人致谢

Journal of politics and law Pub Date : 2020-02-29 DOI: 10.5539/jpl.v13n1p176

William Tai

引用次数: 0

The Fiscal Situation of Palestine: Can the Grip of Chronic Distress Be Loosened? 巴勒斯坦的财政状况：能否摆脱长期的困境？

Journal of politics and law Pub Date : 2020-01-02 DOI: 10.5539/jpl.v13n1p19

N. Medvedev, D. E. Slizovskiy, M. Iwaina, O. Nesterchuk

{"title":"The Fiscal Situation of Palestine: Can the Grip of Chronic Distress Be Loosened?","authors":"N. Medvedev, D. E. Slizovskiy, M. Iwaina, O. Nesterchuk","doi":"10.5539/jpl.v13n1p19","DOIUrl":"https://doi.org/10.5539/jpl.v13n1p19","url":null,"abstract":"The study based on the available materials, facts and events shows chronic diseases of the Palestine’s fiscal situation. The authors see the main reasons for this in the fact that Israel managed to impose on the state of Palestine not only economic, organizational and managerial, but also political mechanisms and tools for managing and regulating the financial and budgetary sector. But this is not the only reason. The analysis focuses on the international controversy between two points of view: the first shows and defends the idea of the crisis of the Palestine’s fiscal situation. Its apologists attribute the reasons for this to the occupation of the Palestinian territory and to the occupation regime, undermining the possibility of creating normal living conditions for the Palestinians. The opposite view either denies the state of deep crisis in the financial and budgetary sector of Palestine or attributes it to the shortcomings and failures of the Administration unable to cope with the existing problems. The article analyzes in detail the influence of international actors, organizations and structures on the Palestine’s budgetary and financial situation. The results of the study do not give a clear answer as to how the existing problems will be resolved. Theoretically, they can be positively resolved only in case of creation of a full-fledged state of Palestine. In practice, Palestine and Israel are not able to resolve the problems of the inherent antagonistic conflict by themselves. But Israel today uses the capacity and skills of its administrators, managers and financiers and with the support, first of all, of the United States maintains its leadership and receives preferences in the financial and economic sphere of the Palestinian Autonomy. In the medium term, the fiscal situation of Palestine will retain its chronic problems and contradictions. Their aggravation will be associated with the outbreaks of radicalism and armed clashes in the structure of relations between the two countries and with the rise of radicalism within them.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45714929","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

Reviewer Acknowledgements for Journal of Politics and Law, Vol. 12, No. 4 《政治与法律杂志》第12卷第4期书评人致谢

Journal of politics and law Pub Date : 2019-11-28 DOI: 10.5539/jpl.v12n4p154

William Tai

引用次数: 0

Can Non-Muslim Courts Bring Legal Change in Sharia Laws? 非穆斯林法庭能给伊斯兰教法带来法律变革吗?

Journal of politics and law Pub Date : 2019-10-30 DOI: 10.5539/jpl.v12n4p1

Hajed A. Alotaibi

{"title":"Can Non-Muslim Courts Bring Legal Change in Sharia Laws?","authors":"Hajed A. Alotaibi","doi":"10.5539/jpl.v12n4p1","DOIUrl":"https://doi.org/10.5539/jpl.v12n4p1","url":null,"abstract":"The transformative and regulatory accommodation model addresses practical challenges to accommodate religious laws and courts in the secular and democratic regimes. There is a strong evidence against the jurisdictional competition between secular and religious courts under defined conditions. There is no concern regarding the Shariah courts in the non-Muslim democracies, as majority of the country’s ethno-religious groups control the civil and rabbinical courts. In this regard, there is a need to mitigate the negative impact of Muslim Family Laws (MFLs) by the civil courts in non-Muslim majority countries because MFLs imply certain disabilities and limitations upon the displayed rights of women and children. To address these issues, the present study aims to discuss the possibilities and challenges faced by the multicultural and pluri-legal accommodations by focusing on the Islamic law and institutions within the non-Muslim democracies. The results have shown that the reformation of rules and procedures internalize certain principles and discourses due to increased compliance of religious courts with the high court rulings. Increase in the number of Muslim judges on civil courts would help to overcome lack of legitimacy in the perspectives of the Muslim minority that is the main reason of shortcomings of both ex post and ex ante oversight mechanisms.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44925140","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

Legal Nature of the Contract of Succession as a Special Institute of Civil Law of the Russian Federation 继承合同作为俄罗斯联邦民法专门机构的法律性质

Journal of politics and law Pub Date : 2019-09-03 DOI: 10.5539/jpl.v12n5p151

L. Gazizullina, I. Sboeva

{"title":"Legal Nature of the Contract of Succession as a Special Institute of Civil Law of the Russian Federation","authors":"L. Gazizullina, I. Sboeva","doi":"10.5539/jpl.v12n5p151","DOIUrl":"https://doi.org/10.5539/jpl.v12n5p151","url":null,"abstract":"In this paper, the authors analyse a new institution for the Russian legal system, namely, the contract of succession institution. It is a qualitatively new way to transfer property, which was legislated as a supplement to the existing grounds of succession. \u0000 \u0000It is noted that one of the advantages of this type of succession is that this type of agreement enables a property owner not only to outline the circle of successors during his/her lifetime but also to stipulate clear conditions for their entry into rights of succession. That is, thanks to this agreement, it becomes possible to determine to whom and what kind of property will be transferred after the death of the owner, and what conditions must be met for this. \u0000 \u0000In this paper, the authors correlate a contract of succession with mixed categories: they compare (only by some criteria) a contract of succession with a unilateral transaction - a last will and testament. \u0000 \u0000The authors conclude that the institution of the contract of succession is a symbiosis of succession and contractual legal relations (mixed nature), which may lead to certain problems in the future during the enforcement of the current legislation.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45481816","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

Distribution of Deputy Mandates: Analysis of Proportional Representation in the Context of a Mixed Electoral System 副手授权的分配：混合选举制度下的比例代表制分析

Journal of politics and law Pub Date : 2019-09-03 DOI: 10.5539/jpl.v12n5p140

N. Volkova, A. I. Dudochnikov, A. Kamalova, A. Naurskov, Sima Feruzovna Gaffarova

{"title":"Distribution of Deputy Mandates: Analysis of Proportional Representation in the Context of a Mixed Electoral System","authors":"N. Volkova, A. I. Dudochnikov, A. Kamalova, A. Naurskov, Sima Feruzovna Gaffarova","doi":"10.5539/jpl.v12n5p140","DOIUrl":"https://doi.org/10.5539/jpl.v12n5p140","url":null,"abstract":"Elections are a socio-political institution, during which holding it is determined what the nature of the reforms will be in the next few years. It is important that the legitimacy of the electoral process is high and that key reforms are determined by competent government officials. The basic element of elections is a high level of competition, which should exist not only between various political entities that exercise eligibility to vote and right to be elected but also within such structures fighting for power. \u0000 \u0000The paper contains an analysis concerning the issue on the functioning of the proportional vote distribution institute. According to the election results, it is necessary to determine how many seats will go to a certain party, which, according to the proportional system, has overcome the percentage barrier. In world practice, there is a whole range of proportional distribution methods that form two large groups: the largest remainder methods and the dividers methods. There are discussions on this parameter, and each country has adopted its own methodology. In Russia, with a proportional distribution of seats, one of the largest remainder methods is used, namely, the Hare method. The study will reflect the analysis of the functioning of proportional distribution systems in Russia and in the world.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47490437","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

Constitutional and Legal Aspects of State Control and Supervision Activities (Legal Positions of the Constitutional Court of the Russian Federation) 国家控制和监督活动的宪法和法律方面（俄罗斯联邦宪法法院的法律立场）

Journal of politics and law Pub Date : 2019-09-03 DOI: 10.5539/jpl.v12n5p161

A. F. Samigullina, Almas A. Imamov, K. V. Kostina, A. Goncharova

引用次数: 0