THE EARNEST IN THE RUSSIAN CIVIL LAW

On the basic of historic construction the legal sense of earnest regulation is considered having been adopted from the past word by word. This doesn’t amount to main objective implementation of this remedy to make contractual conditions of future agreement binding on parties subject to the broad autonomy of will. Legal provisions on earnest don’t correspond to categories of “liability”, “unilateral transaction”. The regulation should promote such tools as “compensations form release of obligation”, “offer”, “penalty”, “preliminary contract”. At present the institute of earnest isn’t operational and applicable only within the market of residential real estate so far. The efforts were made to present the renewed legal provisions on earnest as normative basis of this legal instrument having long spread over the limits of ordinary obligation security measure.

POSTUPAK SAČINjAVANjA JAVNOBELEŽNIČKOG ZAPISA

The form of notarized record is one of the legally prescribed obligatory forms for concluding certain legal transactions and as such it has become more and more present in modern legal transactions, at the same time calling into question the prevailing principle of consensualism in contract law. Having in mind the fact that, through formalism, legal transactions has been slowed down, and at the same time the freedom of contracting and autonomy of will of participants in legal transactions are additionally (formally) restricted, the question due to the justification of obligatory notarial form for the most important legal affairs arises. This issue can be considered through the functions that are performed by the implementation of the notarial procedure, as well as through the legal purpose to which realisation the rules for conducting the notarial procedure contributes.

SMART CONTRACTS COMO UMA TECNOLOGIA DECISIVA NA GESTÃO JURÍDICA EM TEMPOS DE PANDEMIA

Os contratos são negócios jurídicos bilaterais que regulam acordos de vontades. Vários princípios precisam ser analisados quando se trata deste tema, dentre eles, sobretudo o da autonomia de vontade, da força obrigatória, da boa-fé e do consensualismo. Em tempos de pandemia, pode ficar difícil consultar um advogado de maneira presencial para redigir um contrato, é neste contexto que se apresentam os Smart Contracts (Contratos Inteligentes). O presente estudo, portanto, possui o escopo de analisar os Smart Contracts como um método alternativo para a situação atípica na qual o mundo atualmente se encontra. Buscará também salientar quais são os pontos positivos e negativos da contratação em meio virtual, como também da tecnologia reguladora no contrato digital. Para os fins buscados, quanto aos aspectos metodológicos, a pesquisa foi de natureza básica, com abordagem qualitativa, objetivo exploratório e bibliográfico do tipo narrativo. Os contratos inteligentes são promissores no cenário atual, em virtude de seu desenvolvimento ser realizado com tecnologia de extrema segurança, constituindo-se em grandes facilitadores na elaboração de acordos. Tendem a popularizar-se cada vez mais em um futuro próximo. Palavras-Chave: Contratos. Smart Contracts. Pandemia. Abstract: Contracts are bilateral legal deals that regulate will agreements. Several principles need to be analyzed when it comes to this theme, among them, especially that of autonomy of will, mandatory strength, good faith and consensualism. In times of pandemic, it can be difficult to consult a lawyer in person to draft a contract, it is in this context that Smart Contracts are presented. This study, therefore, has the scope of analyzing Smart Contracts as an alternative method for the atypical situation in which the world currently finds itself. It will also seek to highlight the positive and negative aspects of hiring in a virtual environment, as well as the regulatory technology and the digital contract. For the purposes sought, regarding the methodological aspects, the research was of a basic nature, with a qualitative approach, exploratory and bibliographic objective of the narrative type. Smart contracts are promising in the current scenario, due to their development being carried out with extremely secure technology, constituting great facilitators in the elaboration of agreements. They tend to become more and more popular in the near future. Keywords: Contracts. Smart Contracts. Pandemic.

A aplicação dos dispute boards nos contratos empresariais no Brasil

The present work aims to analyze, from a legal point of view, the application of dispute boards in the Brazilian legal system, focused on private business contracts, so that, initially, the use of these types of business in Brazil was studied, and later, the application of extrajudicial means of conflicts applied to business transactions, with a view to the principles of autonomy of will and cooperation, in view of the slowness and legal uncertainty faced by entrepreneurs when resolving their disputes. Finally, it was possible to examine the execution of dispute boards in the legal system, demonstrating their compatibility with local laws and the advantages that their use can bring, which, however, still suffers an obstacle due to its lack of regulation, which prevents decisions have bound.

Possibilities and Limits of Implementation by the Parties of the Arbitration Agreement and the Principle of Autonomy of Will: Current Trends

The article analyzes the principle of the autonomy of the will, which is fundamental in the regulation of the settlement of disputes arising from the foreign economic relations of the parties. The most important principle under consideration, in particular, allows the parties to decide which law will be applied to regulate their relationship and which court or arbitration will be given the competence to resolve their disputes. The authors note the tendency of the legislative sphere and law enforcement practice to give the parties as much freedom as possible when concluding and implementing the terms of an arbitration agreement. This, of course, increases the possibility of implementing the principle of autonomy of the will of the parties. The authors come to the conclusion that there is also a tendency to form more specific limits of the autonomy of the will when concluding an arbitration agreement. The article analyzes the materials of the judicial and arbitration practice of the Russian jurisdiction, when the autonomy of the will at the conclusion of an arbitration agreement is limited. The authors highlight the criteria for the possibility of applying an arbitration agreement-validity and enforceability, the practice of which is quite contradictory.

EXCESSIVA ONEROSIDADE SUPERVENIENTE: UMA ANÁLISE À LUZ DA JURISPRUDÊNCIA DO SUPERIOR TRIBUNAL DE JUSTIÇA

This article seeks to reflect on the theories that justify the application of the supervening excessive onerosity in the Brazilian legal system in the light of cases decided by the Superior Court of Justice, investigating the importance of the jurisprudence in the application of the studied. The qualitative research is applied with the use of the dialectical method and data collection through bibliographic research, also using the syllogism reasoning. It was observed that the contracting parties should consider the existing risks in the legal business, so that the theory of unpredictability is applied in a subsidiary manner, prevailing the autonomy of will.

Alain

Alain (Emile Auguste Chartier) is a French philosopher and essayist, a representative of the existential personalist tendency in the philosophy of the twentieth century. Investigated the foundations of thinking from the standpoint of the reflective tradition. Developed a theory of judgment, considering the ability to judge as a special function of consciousness, allowing you to streamline knowledge about reality and make sense of the world. According to Alain, the main task of philosophy is not so much to know reality, but to teach a person the wisdom of life, to make him virtuous and happy. The leading themes of Alena's ethical concept are the substantiation of morality and freedom as the most important characteristics of a person's being. The philosopher defended the principle of autonomy of will and independence of decisions in the sphere of morality from empirical inclinations and utilitarian interests. Alain refuted the idea of the universality of moral norms, asserting the unique and creative nature of ethical values. He created an original teaching on soul therapy as a technique of inner self-control and the art of being happy.