Hasil untuk "Civil law"

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CrossRef 2023
Logical Reduction as an Alternative to Rhetorical Generalisation: O.S. Ioffe’s Conception of the Subjective Right in Civil Law

S.V. Tretyakov

This is a theoretical reconstruction of the Russian prominent civil law scholar O.S. Ioffe’s conception of subjective right. O.S. Ioffe’s conception has its doctrinal origins in the imperative theory of law, namely, its German version of August Thon. O.S. Ioffe’s conception of subjective right is classified as the most significant variant of the analytical reduction of subjective right to Anspruch (a German equivalent of the Hohfeldian claim-right). Basic strengths and weaknesses of O.S. Ioffe’s theory have been demonstrated. Although O.S. Ioffe’s reductionism has significant theoretical flaws and fails to explain the concept of subjective right, it has had a longstanding positive impact as the most sophisticated and rigorous alternative to the dominant conception of S.N. Bratus.

CrossRef 2021
THE ESSAY ON A DOCTRINE OF TITLE-BASED SECURITY DEVICE

R.S. BEVZENKO

The paper deals with the concept of title-based security. The author examines the substance of the concept and its historical roots. The problems of repurchase agreements, retention of title, assignment with the security purposes and financial leasing are analyzed. The author is paying special attention to the bankruptcy issues, e.g. the insolvency of the provider of the security and the security creditor.

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