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.
The article considers the key points of the Pope Francisk Motu Proprio "Mitis Judex Dominus Jesus" in the light of the dilemma: on one hand, the Catholic Church insists on the indissolubility of marriage, but on the other - the Canon Law offers a wide range of widely interpreted grounds for holding the marriage invalid. The article shows, that the reason for that is an attempt to understand the literary meaning of the New Testament texts without a link to the Old Testament tradition. Failure to take the Old Testament tradition into consideration has led to various legal tools actually aimed at annulment of the absolute indissolubility of valid and consummated marriage.
The article contains an analysis of legal relations’ problems around digitized copyrighted works and description of general design for new institutional model instead of copyright.
The article is devoted to the problems of law enforcement by Russian consular offices and courts on issue of citizenship as one of the foundations of the Russian constitutional system. Despite the requirement of the Constitution of the Russian Federation the state bodies and officials actions lead to deprivation of citizenship of the Russians living abroad. Such practice is extremely dangerous for the state and indicates the emergency situation with the implementation of the constitutional provisions.
The practice of bail as a preventive measure in the criminal process, a long time and is very common in developed countries, the Anglo-Saxon and Continental systems of law. That said, unfortunately, can not say in relation to criminal proceedings in Russia, where the collateral is rarely used. And, judging by the genesis of the institute preventive measures, the trend is clearly manifested itself, and when the mortgage was assigned to the competence of a purely investigative bodies, and when to apply it the legislator has introduced a procedure of judicial authorization
In legal doctrine the problem of international factoring is not given much attention. Most of the works of Russian and foreign authors devoted to the study of internal factoring. At the same time in doctrine there is no single approach to understanding factoring as such. Particular, you can find different points of view as to the nature, characteristics and key elements of the treaty. Not developed, respectively, and a common approach in respect of the terminology used to refer to in legal relations. In this regard, this paper attempts to investigate the legal nature of the factoring agreement, as well as features of its regulation from the perspective of private international law in order to identify possible ways to improve the latter.
Recently, the state taken various measures to protect the rights of citizens who use the various types of transportation, namely air, road and rail. In turn, the legal status of the passenger includes a number of rights and obligations, which legal regulations are in need of improvement. As practice shows, to date, more frequent non-standard rights violations during transportation of passengers and active use of the citizens of judicial and extrajudicial protection of their rights. This paper is devoted to these issues and graduate student of the Department of Private International Law, Faculty of Law of the National Research University «Higher School of Economics» Kasatkina A.S. considering these issues.
The paper analyses an ides and principals as well as activity of Free Software Foundation for the promotion of software freedom, development of alternative doctrine of copyright, economic and legal justification for the free use of digital soundtracks. There is a comparison of FSF’s approaches with an inclusive concept and other alternative theories of copyright.
The article defines the concept, structure and contents of the intellectual potential of society and specifies the limits of the information space in which various crimes infringe on this potential. It also outlines the range of the said crimes and describes ways to enhance the efficiency of criminal law to counteract them. The author emphasizes the role of university scholarship in augmenting the aforementioned potential and in the innovative development of economy, as well as in the protection of creative workers' rights and lawful interests.