scholarly journals INTEREST OF SPOUSES AS A CRITERION FOR CHOOSING A TYPE OF AGREEMENT IN REGULATING RELATIONSHIP OF SPOUSAL PROPERTY

2021 ◽  
pp. 102-109
Author(s):  
Олег Николаевич Замрий
Keyword(s):  
Freedom Of Contract ◽  
Property Relations ◽  
Joint Ownership ◽  
Relationship Of

Автор анализирует положения семейного и гражданского законодательства, закрепляющие принцип свободы договора, отмечая особенности его применения при регулировании имущественных отношений между супругами. В статье заявляется и обосновывается гипотеза о критериальном значении интереса супругов при выборе вида договорной конструкции, изменяющей режим совместной собственности. The author analyzes the provisions of family and civil legislation that consolidate the principle of freedom of contract, noting the features of its application in regulating property relations between spouses. The article declares and substantiates a hypothesis about the criterion value of the spouses' interest in choosing the type of contractual structure that changes the regime of joint ownership

scholarly journals A High-Throughput Search for Composition–Phase–Property Relations of Cu–Ni/Ti–Al Elastic Copper Alloys

Materials ◽  
2018 ◽  
Vol 11 (12) ◽  
pp. 2513
Author(s):  
Wang Jianwei ◽  
Xiao Wei ◽  
Zhang Chuan ◽  
Sun Lu ◽  
Huang Guojie ◽  
...  
Keyword(s):  
High Throughput ◽  
Solid Phase ◽  
Copper Alloys ◽  
Ternary Systems ◽  
Diagram Method ◽  
Property Relations ◽  
Diffusion Layers ◽  
Heat Treated ◽  
Phase Property ◽  
Relationship Of

A high-throughput method was employed to effectively obtain the cross-scale relationship of elastic copper alloys. Firstly, a Cu–Ni–Ti–Cu25Al–Cu35Sn diffusion multiple was prepared and heat-treated under a specified condition to form a series of diffusion layers with the concentration gradient at the multielement metal interface. Then, the compositions, elastic moduli, and hardness of the Cu–Ni–Al and Cu–Ti–Al ternary copper alloys were tested. Meanwhile, the solid phase sequences in the diffusion zones were predicted by the CALPHAD (CALculation of PHAse Diagram) method. Through these experimental and calculated results, the composition–phase–property relations of the Cu–Ni–Al and Cu–Ti–Al ternary systems were established.

scholarly journals FORMATION OF INTELLECTUAL CAPITAL AND DEVELOPMENT OF INTELLECTUAL MIGRATION IN THE CONDITIONS OF GLOBALIZATION

2021 ◽  
Vol 2 (6(70)) ◽  
pp. 46-51
Author(s):  
O. Gavrylovskyi ◽  
J. Stashenko
Keyword(s):  
Intellectual Capital ◽  
Public Law ◽  
Creative Activity ◽  
Temporary Work ◽  
Working Population ◽  
Property Relations ◽  
Social Risks ◽  
Intellectual Labor ◽  
Relationship Of ◽  
The Relationship

The relations of intellectual capital, in essence, are partly civil relations, which in accordance with Art. 1 of the Civil Code of Ukraine are personal non-property and property relations based on legal equality, free will, property independence of their participants, and in part are public-law (administrative) relations. The norms of civil law regulate: relations arising in connection with the possession, use, disposal, etc. of the results of intellectual, creative activity (actually, the relationship of intellectual capital or the relationship of intellectual capital in the narrow sense). At the same time, the relations related to the registration of intellectual capital rights, ensuring their protection with the help of state bodies, etc., are regulated by the rules of public law. It is studied that intellectual labor migration is the movement of the working population to other settlements, including abroad, due primarily to motives to meet current and future socio-economic needs, in particular to obtain more income from temporary work (once, several times, regularly) or on a regular basis, avoiding social risks, threats to life.

scholarly journals The Concept and Characteristics of an Entrepreneurial Group as a Special Subject of Legal Relationship of Insolvency (Bankruptcy)

2021 ◽  
Vol 16 (10) ◽  
pp. 84-92
Author(s):  
A. E. Senshin
Keyword(s):  
Legal Status ◽  
Entrepreneurial Activity ◽  
Federal Law ◽  
Economic Dependence ◽  
Property Relations ◽  
Legal Relationship ◽  
Russian Law ◽  
Characteristic Features ◽  
Definition Of ◽  
Relationship Of

The modern property turnover is characterized by the presence of a large number of integration associations of economic entities and the existence of relations of economic dependence between them. At the same time, the legal status of such associations is not defined in Russian law due to the dominance of the traditional civilistic approach that presupposes the legal independence of each participant in entrepreneurial activity. In turn, this leads to significant violations of the rights of creditors of such interconnected persons. This is especially evident in the legal relationship of insolvency (bankruptcy), where opposing interests of the parties collide. Moreover, the insolvency of one member of the association may lead to the insolvency of the entire association as a whole. The purpose of this study is to analyze the characteristics of such a new legal category in insolvency law as an entrepreneurial group. The paper examines the rules of Russian law governing the relations of economic dependence between the subjects of property relations, and the main doctrinal approaches to this problem. The paper examines various approaches to the legal definition of an entrepreneurial group in other legal orders and highlights the characteristic features of this legal category. The conclusion is made about the absence of a systematic approach in the Russian legal system to understanding the forms of economic dependence between the participants of property turnover. The author provides a new concept of an entrepreneurial group and explains the necessity of its introduction into the Federal Law of 26.10.2002 No. 127-FZ "On Insolvency (Bankruptcy)".

Balance of Interests in the Mechanism of Protection of Industrial Property Rights

2019 ◽  
Vol 10 (3) ◽  
pp. 819
Author(s):  
Iryna KOVAL ◽  
Gulnara DZHUMAGELDIYEVA ◽  
Bogdan DEREVYANKO ◽  
Iryna VENEDIKTOVA ◽  
Nino PATSURIIA ◽  
...  
Keyword(s):  
Intellectual Property ◽  
Complex Analysis ◽  
Legal Regulation ◽  
Industrial Property ◽  
Property Relations ◽  
Intellectual Property Management ◽  
Private And Public ◽  
Analysis System ◽  
Relationship Of ◽  
Conceptual Foundations

The research deals with the relationship of private and public interests that are implemented in intellectual property relations and balance of these interests in mechanism of protection. This study uses the complex of main known methods of scientific knowledge: historical legal, forecasting, hermeneutical semantic, structural functional, logical semantic, dogmatic, complex analysis, system structural, comparative. The purpose of the study is determining the scope, content and relationship of interests in the intellectual property relations, justifying the conceptual foundations of balancing these interests in the management of intellectual capital through the legal regulation and economic mechanisms. The authors conclude that efficient functioning of intellectual property relations in terms of their scope, content and relationship of interests can be ensured only by means of legal regulation, which organically combines dispositive and imperative principles. The interdependence of such principles determines the key basis of the legal regulation of intellectual property management and should be reflected in all aspects of the development of intellectual property relations, in particular, the grounds for their emergence, change, termination, subject composition, conceptual distinguishing features of legal relations of right holders, etc.

Capitalism, Laws of Motion and Social Relations of Production

2013 ◽  
Vol 21 (4) ◽  
pp. 71-91 ◽  
Author(s):  
Charles Post
Keyword(s):  
Social Relations ◽  
Property Relations ◽  
Laws Of Motion ◽  
Historical Capitalism ◽  
Relationship Of ◽  
The Relationship ◽  
Social Property

Abstract Theory as History brings together twelve essays by Jarius Banaji addressing the nature of modes of production, the forms of historical capitalism and the varieties of pre-capitalist modes of production. Problematic formulations concerning the relationship of social-property relations and the laws of motion of different modes of production and his notion of merchant and slave-holding capitalism undermines Banaji’s project of constructing a non-unilinear, non-Eurocentric Marxism.

scholarly journals On the issue of joint land ownership in Ukraine

2021 ◽  
pp. 5-8
Author(s):  
Oleksandr BRYHINETS
Keyword(s):  
Land Ownership ◽  
Apartment Building ◽  
Project Organization ◽  
Theoretical Substantiation ◽  
Property Relations ◽  
Apartment Buildings ◽  
Management Project ◽  
Joint Ownership ◽  
The Right ◽  
Ownership Of Land

Transformation of property relations has determined the need to find modern legal constructions for the settlement of joint ownership of land and property. The article states that the most common practice is the design of adjacent territories only after the preparation of a land management project commissioned by condominiums in the relevant project organization. It is determined that the improvement of ownership mechanisms, especially in the land sphere, has led to the abandonment of collective ownership, which requires further development of modern forms of land ownership, as well as effective regulation of joint ownership of land and property. It is proved that the co-owners of apartment buildings have the right to exercise the relevant rights as well as, in particular, registration of the right to land without the creation of condominiums. Although before the adoption of this law, the registration of land rights took place only through condominiums or other service entities. Registration of land ownership directly by apartment building co-owners may create some difficulties with the registration of all co-owners, as the number and composition of such co-owners may change constantly due to the acquisition and alienation of apartments in apartment buildings. The peculiarity of the right of joint ownership is that all third parties, despite the plurality of co-owners, must deal not with a set of separate wills or expressions of will of each co-owner, but with a single, joint expression of will of several entities. The necessity of further theoretical substantiation and normative consolidation of the right of apartment building co-owners to directly acquire and exercise the right of joint ownership of the adjacent territory and the possibility of exercising the relevant right indirectly through the condominiums created by them.

Structure–Property Relationship of Solution-Spun Ppbt/Peek and Ppbt/Nylon 6,6 Composite Fibers

1988 ◽  
Vol 134 ◽  
Author(s):  
Carmen A. Gabriel ◽  
Richard J. Farris ◽  
Michael F. Malone
Keyword(s):  
Structure Property ◽  
Composite Fibers ◽  
Property Relations ◽  
Structure Property Relationships ◽  
Nylon 6,6 ◽  
Ether Ether Ketone ◽  
Peek Composite ◽  
Poly Ether Ether Ketone ◽  
Structure Property Relationship ◽  
Relationship Of

ABSTRACTPrevious work investigated the processing/structure/property relationships for solution spun composite fibers of rodlike poly(p-phenylene benzobisthiazole) [PPBT] with nylon 6,6 [N66] and poly(ether ether ketone) [PEEK] [1]. Evidence that these composite fibers were effectively reinforced by a network-like structure of PPBT was given. In the present investigation, the morphology and properties of wet, as-spun, and heattreated PPBT/nylon 6,6 and PPBT/PEEK composite fibers are contrasted to gain insight into the structure/property relations which result from these post-spinning processes. It is concluded that heat-treatment is simply a means of perfecting the network structure, thereby enhancing the tensile properties of the composite fibers.

scholarly journals Problems of Interpretation of Paragraph 2 of Article 35 of the Family Code of the Russian Federation in Russian Legal Science and Jurisprudence

Lex Russica ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 9-19
Author(s):  
A. A. Dobrovinskiy
Keyword(s):  
Russian Federation ◽  
Common Property ◽  
Legal Regulation ◽  
Property Relations ◽  
The Supreme Court ◽  
The Family ◽  
The Russian Federation ◽  
The Common ◽  
Relationship Of ◽  
Family Code

The paper analyzes the issues of interpretation and application of the presumption of spousal consent in transactions involving the common property of spouses. Presumption of spousal consent to carry out transactions with common property is considered in the context of its correlation with the principle of equality of spouses, including property relations. The paper deals with the jurisprudence on this issue, including the decisions of the Supreme Court of the Russian Federation. The author has determined practical problems in the field of application of this rule of law. The author comes to the conclusion that the legal regulation of the legal regime of property of spouses, in force at present, has a number of shortcomings that not only violate the rights of co-owners of the specified property, but also, in our view, are often contrary to the law. In particular, the current jurisprudence with regard to paragraph 1 of section 2 of Article 35 of the RF Family Code contradicts both the constitutional rule enshrined in Article 35 of the Constitution of the Russian Federation providing for the protection of the interests of the owner and the norms of the Family Code of the Russian Federation establishing the principle of equality of spouses in property relations (Articles 21, 31, 35). The paper gives reasonable proposals to improve the legislation. To this end, the author suggests the following wording for Paragraph 1 of Section 2 of Article 35 of the Family Code of the Russian Federation: “When one of the spouses carries out a transaction in the administration of the common property of the spouses, it is assumed that one spouse acts with the consent of the other spouse. This assumption applies exclusively to the legal relationship of spouses with third parties.”

The relationship of the scleractinian corals to the rugose corals

Paleobiology ◽  
1980 ◽  
Vol 6 (02) ◽  
pp. 146-160 ◽  
Author(s):  
William A. Oliver
Keyword(s):  
Critical Points ◽  
Scleractinian Corals ◽  
Convincing Evidence ◽  
Early Triassic ◽  
Rugose Corals ◽  
History Of ◽  
The Subject ◽  
Relationship Of ◽  
The Relationship ◽  
Biologic Factors

The Mesozoic-Cenozoic coral Order Scleractinia has been suggested to have originated or evolved (1) by direct descent from the Paleozoic Order Rugosa or (2) by the development of a skeleton in members of one of the anemone groups that probably have existed throughout Phanerozoic time. In spite of much work on the subject, advocates of the direct descent hypothesis have failed to find convincing evidence of this relationship. Critical points are:(1) Rugosan septal insertion is serial; Scleractinian insertion is cyclic; no intermediate stages have been demonstrated. Apparent intermediates are Scleractinia having bilateral cyclic insertion or teratological Rugosa.(2) There is convincing evidence that the skeletons of many Rugosa were calcitic and none are known to be or to have been aragonitic. In contrast, the skeletons of all living Scleractinia are aragonitic and there is evidence that fossil Scleractinia were aragonitic also. The mineralogic difference is almost certainly due to intrinsic biologic factors.(3) No early Triassic corals of either group are known. This fact is not compelling (by itself) but is important in connection with points 1 and 2, because, given direct descent, both changes took place during this only stage in the history of the two groups in which there are no known corals.

Skeletal elements of crinoid echinoderms: High-resolution structural and microanalytical results

1983 ◽  
Vol 41 ◽  
pp. 194-195
Author(s):  
D. F. Blake ◽  
L. F. Allard ◽  
D. R. Peacor
Keyword(s):  
High Resolution ◽  
Marine Invertebrates ◽  
Sea Urchins ◽  
Structural Features ◽  
Sea Stars ◽  
High Resolution Tem ◽  
Relationship Of ◽  
The Relationship ◽  
Insight Into

Echinodermata is a phylum of marine invertebrates which has been extant since Cambrian time (c.a. 500 m.y. before the present). Modern examples of echinoderms include sea urchins, sea stars, and sea lilies (crinoids). The endoskeletons of echinoderms are composed of plates or ossicles (Fig. 1) which are with few exceptions, porous, single crystals of high-magnesian calcite. Despite their single crystal nature, fracture surfaces do not exhibit the near-perfect {10.4} cleavage characteristic of inorganic calcite. This paradoxical mix of biogenic and inorganic features has prompted much recent work on echinoderm skeletal crystallography. Furthermore, fossil echinoderm hard parts comprise a volumetrically significant portion of some marine limestones sequences. The ultrastructural and microchemical characterization of modern skeletal material should lend insight into: 1). The nature of the biogenic processes involved, for example, the relationship of Mg heterogeneity to morphological and structural features in modern echinoderm material, and 2). The nature of the diagenetic changes undergone by their ancient, fossilized counterparts. In this study, high resolution TEM (HRTEM), high voltage TEM (HVTEM), and STEM microanalysis are used to characterize tha ultrastructural and microchemical composition of skeletal elements of the modern crinoid Neocrinus blakei.

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