scholarly journals LEGAL NATURE OF DERIVATIVES AND DERIVATIVE SECURITIES AS FINANCIAL MARKETS INSTRUMENTS

2018 ◽  
pp. 58-64
Author(s):  
O. Vygovskyy
Keyword(s):  
Theoretical Background ◽  
Theoretical Issue ◽  
Derivative Securities ◽  
Financial Contracts ◽  
Distinctive Features ◽  
Legal Relationship ◽  
Legal Nature ◽  
Characteristic Features ◽  
Depositary Receipts ◽  
Important Theoretical Issue

The article reveals the issues of legal nature of derivative securities and derivatives as financial instruments, their characteristic features in comparison with ordinary securities, explores theoretical background for their differentiation and distinct qualification of these two different legal categories. The author of the article analyzes broad and narrow interpretation of the concept of a derivative security in doctrinal and practical dimensions, specific features of derivatives as standardized financial contracts and outlines their key attributes which allows to distinguish them from similar instruments. This article also deals with an important theoretical issue concerning the possibility of qualification of depositary receipts as derivative securities, taking into consideration the distinctive features of legal relationship arising in the area of issue and trading in depositary receipts.

Asymptotic Behavior in Slumping From a Cylindrical Tank

1984 ◽  
Vol 106 (3) ◽  
pp. 279-284 ◽  
Author(s):  
Y. Bai ◽  
W. Johnson ◽  
R. G. M. Low ◽  
S. K. Ghosh
Keyword(s):  
Transition Period ◽  
Health And Safety ◽  
Local Environment ◽  
Theoretical Background ◽  
Hazardous Substance ◽  
Substance Flows ◽  
Linear Relationships ◽  
Characteristic Features ◽  
And Control ◽  
Future Work

When an oil tank collapses or ruptures any contained hazardous substance flows outwards and can damage nearby plant or people as well as lead to pollution of the local environment. In recent years, this and similar subjects have given rise to a new kind of engineering—spill prevention and control. However, theoretical background, backed by experiment, is lacking to work out reliable regulations. An intermediate-asymptotic analysis for late-stage spreading is carried out in this paper. This analysis reveals several characteristic features of the spill wave such as transition period and linear relationships between spreading area and time, and wave front velocity and the inverse of zone radius. Most of the latter results have been verified by model experiment. This paper also discusses the discrepancies between observations and the theory suggested in a recent UK Health and Safety Executive report. Finally, the present paper puts forward proper modeling rules for future work.

About the Classification of Housing Legal Relationship to Regulatory and Protective

2021 ◽  
pp. 39-45
Author(s):  
A.V. Mil’kov ◽  
◽  
S. I. Mukhametova ◽  
Keyword(s):  
Research Methods ◽  
The Past ◽  
Legal Relationship ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
Logical Method ◽  
The Subject ◽  
Goals And Objectives ◽  
Detailed Presentation

Statement of the problem. The question of the classification of housing legal relations into regulatory and protective ones is not debatable. But not because there is a consensus on this issue in the doctrine, but because until now it has not become the subject of special research. In some works, one can find a brief mention of the division of housing legal relations into regulatory and protective, but it is difficult to find a detailed presentation of the author’s position on this issue. Against the background of the active development of the classification of civil legal relations into regulatory and protective inattention to this issue in the science of housing law looks like a serious omission over the past decades. Goals and objectives of the study. The article discusses the main provisions justifying the classification under consideration, examines the attitude towards it in the literature of a housing legal nature. Research methods: the article uses a logical method, and above all such techniques as analysis and synthesis, functional and comparative legal methods. Results, brief conclusions: ignoring the classification in question leads to contradictions in the doctrine of housing legal relations, to the ingraining of unreliable ideas about the ratio of the categories included in this doctrine. It seems important to carry out further research of housing legal relations on the basis of a consistent classification of housing legal relations into regulatory housing legal relations and protective housing legal relations.

THE MEANING OF INTEREST IN OBLIGATIONS LEGAL RELATIONSHIP

2018 ◽  
Vol 1 (1) ◽  
pp. 21-32
Author(s):  
Владимир Анисимов
Keyword(s):  
Civil Law ◽  
Legal Relationship ◽  
Legal Nature ◽  
Law Regulation

The article is devoted to the topical questions of establishing the legal nature of interest and its role in civil law regulation of obligations, it also deals with the questions of the content of interest of each part of the obligation and the ways of their enforcement in the norms of civil law. It is concluded that the interest is the basis for the differentiation of civil law regulation of obligations.

Islamic Criminal Justice

2019 ◽  
pp. 17-20
Author(s):  
Mohammad Hashim Kamali
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Distinctive Features ◽  
Characteristic Features

This chapter examines the characteristic features of the Islamic criminal justice system and shows how the Islamic system may differ from other systems. One of the distinctive features of the Islamic system is that it relies on scripture as the basis of juristic doctrines. These doctrines have been developed by scholars in tandem with the cultures and customs of their communities.

The Holding and Transfer of Interests in Securities in England and Japan

2011 ◽  
pp. 88-108
Author(s):  
Tomonori Fujiike
Keyword(s):  
Legal Issues ◽  
Financial Assets ◽  
Payment Systems ◽  
Commercial Law ◽  
Settlement Systems ◽  
International Trends ◽  
Legal Relationship ◽  
Legal Nature ◽  
Bank Accounts ◽  
Securities Settlement

This chapter compares account-based securities settlement systems with payment systems in which funds are transferred through bank accounts in England and Japan and examines a desirable securities system to harmonize the relevant countries’ jurisprudence considering US securities system and relevant international trends. It argues that there should be two broad areas of similarity in both systems; compartmentalization of a legal relationship between related parties and the method of transfer of securities and funds. It also argues, however, that, due to the differences in the legal nature of both financial assets, there are some differences between both systems in order to response intermediary risk. The purpose of this chapter is not only to propose that similar legal issues in both systems should be resolved in same ways as much as possible, but also to distinguish issues which could be resolved in commercial law from issues which should be resolved in the field of regulations by financial authorities in securities system.

scholarly journals THEORETICAL AND LEGAL ASPECT OF THE FORMATION OF THE INSTITUTE OF ACCESSORY OBLIGATIONS.

2021 ◽  
Vol 2 (67) ◽  
pp. 68-72
Author(s):  
R. Truhan ◽  
S Nadtochij
Keyword(s):  
Legal Aspect ◽  
Civil Law ◽  
Roman Law ◽  
Soviet Period ◽  
Legal Doctrine ◽  
Stage Of Development ◽  
Legal Relationship ◽  
Characteristic Features ◽  
Definition Of ◽  
Further Development

The subject of the article is the study of the theoretical and legal aspect of the development of the institution of accessory obligations. The genesis of the category of "accessory" in Roman law is considered, where the formula of the ancients is derived: the validity of the accessory legal relationship is predetermined by the reality of the basic legal relationship, and was quite simple and concise, there is no basic obligation - no additional one. The evolution of "accessory" in domestic civil law is revealed, which consists in the following: in pre-revolutionary civil law, the theory of security deviated from accessory for the sake of convenience for the circulation of security obligations; in the Soviet period, the identification of the terms "security" and "accessory" obligation took root in the scientific circulation; and at the present stage of development of the theory of accessory in Russian civil law, the concept of "accessory" is identified with a security obligation.The author comes to the conclusion about the multidimensionality of the category of "accessory", which consists in the fact that in the course of the development of law, the understanding of accessory obligations has undergone significant changes, going from the perception of accessory as a kind of obligation that ensures the return of debt and the transfer of "belonging" to the goods sold, to its identification with security obligations in general. Gradually, in the legal doctrine, the opinion was fixed that different types of obligations have the property of accessory, and each of them has its own characteristic features and has its own specifics. According to the authors of the article, the further development of the civilistic doctrine of the accessory of obligations will contribute to the final consolidation of the definition of "accessory" within the framework of Russian civil law.

scholarly journals A informação como bem ambiental e sua tutela jurídica no direito brasileiro / The information as environmental good and its legal protection in brazilian law

2018 ◽  
Vol 13 (3) ◽  
pp. 625
Author(s):  
Celso Antonio Pacheco Fiorillo ◽  
Renata Marques Ferreira
Keyword(s):  
Social Communication ◽  
Constitutional Law ◽  
Environmental Law ◽  
Economic Value ◽  
Human Person ◽  
Legal Protection ◽  
Environmental Goods ◽  
Legal Relationship ◽  
Legal Nature ◽  
Environmental Good

ResumoEntendida como um bem material ou imaterial que tem valor econômico e servindo de objeto a uma relação jurídica, a informação, como direito constitucional individual e coletivo, ao se encontrar claramente associada às formas de expressão bem como modos de criar, fazer e viver da pessoa humana é balizada no plano constitucional como bem cultural associado à comunicação social e ao meio ambiente cultural tendo, portanto natureza jurídica de bem ambiental.Palavras-ChaveInformação. Bens ambientais. Ordem econômica. Direito Ambiental Constitucional. Pessoa Humana.AbstractUnderstood as a material or immaterial good that has economic value and serves as an object to a legal relationship, information, as individual and collective constitutional law, being clearly associated with the forms of expression as well as ways of creating, doing and living the person Human being is defined in the constitutional plan as a cultural asset associated with social communication and the cultural environment, having therefore a legal nature of environmental good.KeywordsInformation. Environmental goods. Economical order. Constitutional Environmental Law. Human Person.

scholarly journals Giardiasis in Children as a Cause of the Formation of Functional Disorders

2018 ◽  
Vol 17 (4) ◽  
pp. 58-61 ◽  
Author(s):  
О. V. Petrenko
Keyword(s):  
Comparison Group ◽  
Subcutaneous Tissue ◽  
Living Conditions ◽  
Medical Documentation ◽  
Functional Disorders ◽  
Invasive Group ◽  
Distinctive Features ◽  
Comprehensive Rehabilitation ◽  
Characteristic Features ◽  
Chronic Course

The purpose was to study the structure and frequency of organic and functional pathology, as well as the characteristic features of the lifestyle in children with giardiasis. Under supervision were 132 children aged 3—18 years with giardiasis. Of these, 68 had an acute course of lambliosis, and 64 had a chronic course. The diagnosis was confirmed by coprological and serological methods. The comparison group was consisted of 113 children without giardiasis of the same age and sex. It was made the collection of complaints, anamnesis, the study of medical documentation. Results. Distinctive features of the lifestyle of children with giardiasis were: adverse sanitary and hygienic living conditions, the habit of nibbling nails, drinking unboiled water. Analysis of the frequency of organic and functional pathology showed that in children of the main group, disorders of the autonomic nervous system, diseases of the digestive organs, pathology of the respiratory system, skin and subcutaneous tissue disorders were more often recorded. 47.7% of children belonged to the category of «frequently ill children», the majority was in patients with chronic lambliosis. In the invasive group, the third group of health prevailed, which was significantly more often detected in patients with chronic parasitosis. Conclusions: the obtained data indicate the need for comprehensive rehabilitation measures and correction of sanitary and hygienic living conditions in children with giardiasis invasion.

scholarly journals The contract of the management of apartment building as a legal fact and a binding legal relationship

2020 ◽  
pp. 304-308
Author(s):  
Liudmyla Yakovlieva
Keyword(s):  
Common Property ◽  
Civil Law ◽  
Material Object ◽  
Apartment Building ◽  
Adjacent Territory ◽  
Legal Relationship ◽  
The Subject ◽  
Characteristic Features ◽  
Legal Fact ◽  
Legal Consequences

The article focuses on the important role of the contract as a regulator of relations for the management of an apartment building.It is established that the value of the contract of the management of apartment building as a transaction is that its conclusion by a singlewill of the parties, first, indicates the onset of legal consequences in the form of a simultaneous legal relationship between its parties,and secondly, expresses the focus of joint action of the parties to achieve the desired results and, as a consequence, giving the partiesto the contract mutual rights and obligations in the field of apartment building management.During considering the concept of the contract of the management of apartment building, we should not only proceed from itslegal nature, which reveals the essence of the contract as a legal fact that generates certain legal consequences, but also take into accountits essence as an obligation due to the conclusion of this contract. Accordingly, the specifics of the subject of legal relations from thecontract of management of an apartment building is primarily that one of the parties to the contract is a specialized subject of civil law –an individual-entrepreneur or legal entity-entrepreneur, which under the agreement with co-owners provides proper maintenance andrepair of common property of an apartment building and adjacent territory and proper living conditions and household needs.In the context of the study of the contract of the management of apartment building regarding the object of obligatory legal relationsmediated by it, it is established in view of its legal name that its object is apartment building management services. The subjectof the contract of the management of apartment building is proposed to be understood as a set of legal and factual actions that shouldbe taken to achieve the purpose of the contract. It follows that the subject of the contract under study is the activities of the manager toprovide services for the management of an apartment building (or in general – the management of an apartment building); in this case,the apartment building, including indoor premises and adjacent territory, should be perceived as a material object of the contract understudy and the subject composition.Separately within the limits of the article the basic characteristic features of the contract of management of the apartment houseare allocated, among which: 1) civil-law nature of relations on management of the apartment building; 2) the specificity of the subjectcomposition of the contract; 3) the dual legal and material nature of the object of binding legal relations; 4) a special subject of the stu -died contract.

scholarly journals Responsibility of a Host State in Transnational Investment Disputes

2018 ◽  
Vol 9 (1) ◽  
pp. 139
Author(s):  
Valeriy Nikolayevich LISITSA
Keyword(s):  
International Law ◽  
Public Law ◽  
Legal Rights ◽  
Soft Law ◽  
Commercial Arbitration ◽  
Foreign Investors ◽  
Host State ◽  
Legal Relationship ◽  
Legal Nature ◽  
Investment Law

The article seeks to define the legal nature of the responsibility of a host state in transnational investment disputes. It considers numerous rules (treaties, national law, customs, soft law, etc.) and their application within a domestic legal system to ensure the proper implementation of civil and other legal rights and obligations of host states and foreign investors. It is argued that the involvement of foreign investors and host states in international commercial arbitration, including the ICSID, and the application of international law (along with national law) as a legal ground for the payment of compensation, do not change the nature of the existing legal relationship between the parties of the investment dispute. The responsibility of the host state to the foreign investor expressed in the state’s obligation to pay damages (compensation) remains in the private, rather than international public law sphere. In conditions of lack of proper rules of investment law states should not stand aside from the present process of making such rules by non-state actors. This situation detracts from the treaty as a major source of international law, sometimes does not correspond to the interests of host states and moreover may threaten their sovereignty.

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