Закон и договор: соотношение публично-правовых и частноправовых начал
The article is devoted to the study of pre-revolutionary tradition of Roman law in St. Petersburg, specially, in the Imperial University. In chronological order, the author presents the various features of professors teaching the subject, describing the work published by them, shows the relationship of the Roman law teaching manners to the socio-political situation in the country and the situation of the universities. The article describes the characteristics of the study of the history of Roman law and its dogma (system) and results of its studies by Russian researchers during their stay in Germany, where modern Roman law was actual before the entrance into force of the German Civil Code. The analysis concludes by comparing the pre-revolutionary tradition and contemporary situation of teaching of Roman law and its contribution to legal education.
The Guide has been written for everyone working or training to work in the legal profession. It provides basic knowledge of legal words and terms. The various exercises throughout the Guide focus on the key legal vocabulary that must be known by law learners.
The article puts forward a thesis: practice of modern corporations defines the development of contract law, which is specifically relevant for commerce. The author summarizes contractual and corporate practices and concludes that legal and economic consequences of corporate regulation and its influence on commercial relations are much more substantial than the effect of traditional law. In this context, the legal science is facing a line of new challenges. The author outlines directions for such a research.
The article deals with three constitutional projects of Francisco de Miranda, distinguished Venezuelan. It is devoted to analyzes of the characteristics of the project of 1798, based on the experience of British constitutional law and public law of Ancient Rome. Special attention is focused on provisions of the projects of 1801 and 1808: on temporary public power during the war of colonies for independence from Spain and on federal government after the liberation. F.Miranda used for these projects a constitutional experience of many countries. One of the sources of his intellectual reflection was the constitution of Ancient Rome, the most important elements of which were people`s assembleis and magistracy. These institutes were adopted by F.Miranda and creatively impleamented according to specific conditions of Ibero-America.
Should technical standards decided and published by official Standards Development Organizations (SDOs) and referred to in Regulations, Directives or, generally, in EU law be regarded as “law” that must be accessible to the public, or could these standards still be private goods, licensed for royalties and, indeed, only accessible by a few? Access to technical standards may be the next hot topic for the European Standard Setting Organisations (SSOs) and the EU Commission. Some SSOs, as a way to finance their activities to develop technical standards, may charge firms or third persons to access and make use of the technical standards produced.
This collection of articles was prepared as a result of realization of the project "Comparative legal approach and its instruments in the research of legal aspects of BRICS". This publication contains actual for Russian science foreign sources of law, first time translated into Russian by the authors of the articles.
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/