Права собственника при использовании изображения его имущества: французский опыт
The article addresses, following the court ruling of the French jurisdiction, the possible legal reasoning that could enlarge the interpretation of private property rights as regards the capture and use of the images of a property by third parties. The cases viewed in the article also help to delimitate the line between the classical property rights, personal rights and the rights in the intellectual property. French legal reasoning could be helpful for Russian lawyers in similar disputes.
Should the loyal citizen obey unlawful laws? What is the relationship between positive law and justice in the context of rapid social change? By which criteria are we to appreciate them? What are the views of professional lawyers, as well as those of different political opinions: conservatives, liberals, and 'left-wingers'? To clarify the unsolved character of this question, and the growing divorce between positive law and the notion of justice in post-Soviet Russia, the author demonstrates the competitive character and variability of strategies for the juridical construction of reality regarding such key parameters as property relations, national identity, state and the political establishment. He presents his own vision of the rational combination of the legitimacy, legality and efficiency of juridical decisions in order to overcome the conflict of law and justice, legality and efficiency, and political reason and the social ideal.
There is proved that because the Institute of householding is holder of private property it forms the entire system of property relations. It is proved that through the implementation of the interests of the owner household determines all the parameters of reproduction in the national economy, forcing producers through the market mechanism to best serve the interests of consumers.
An article offers a survey of the state of art in the field of property analysis in modern economic theory. Central place is devoted to the approach of new institutional economic theory which contributed to the revival of interest in property issues among mainstream economists. Marxist economics, Neo-Austrian Economics, Traditional Institutionalism and Property Economics are regarded as alternatives
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/