Научная доктрина ius commune как формальный источник права в Западной Европе в XII-XVIII веках
The study dwells on the problem of interaction between North American legal doctrine and codifications of private international law in the state of Louisiana and the Province of Quebec. Covering both classical and modern USA schools of thought in the area of conflict of laws, the article also includes a comparative analysis of Book IV (Conflict of Laws) of Louisiana Civil Code and Book X (On private international law) of Quebec Civil Code respectfully. On comparing these acts, the authors dwell on a thesis that, in spite of the obvious similarities between respectful legal systems, one cannot state undoubtedly that American doctrine of private international law has been recepted by abovementioned codifications in equal measure. Therefore, despite all the similarities, the doctrinal traditions on which they are respectfully based are actually different.
This paper outlines peculiarities of the use of organicistic allegories by representatives of the German historical school of law — F.K. Savigny and G.F. Puchta. On the wide range of texts on the philosophy of history and the history of law written by contemporaries (Fichte, Hegel) and precursors (Herder, Vico) it is shown how the comparison between history with human life can perform different functions depending on the methodological presumptions of the authors.
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 deals with one of the most complex issues of the theory of tax law. The author reveals the concept of "legal construction of taxes", analyses the elements thereof. The article draws attention to the analysis and delimitation of neighboring and similar concepts such as "elements of taxation" and others.
Key words: legal construction of taxes and charges, elements of taxes and charges, elementary composition of taxes and charges, dynamic elements of taxes.
In this paper were examined the concepts of uso and costumbre as they are reflected in the Siete Partidas of Alphonse the Sage of Castile (1252 – 1284). Author analyses the problems of its introduction, principal qualities and procedure of the abrogation of a custom. The special consideration is given to the organic connections existing between the law of medieval Castile and the doctrine of European ius commune.
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/