Zivs Istochniki Prava Kratko

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Abstract: Abstract The subject-matter of this thesis is the transfer of a right as security. The thesis is focused mainly on the history of the transfer of a right as security, its regulation in Civil code 2012 and it highlights the fundamental changes compared to its regulation in Civil code 1964. The regulation of the transfer of a right as security underwent considerable changes in Civil code 2012. However, the usage of this instrument in practice, compared to other security instruments, is not so common.

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The fault is primarily with the insufficient regulation in the Civil code 1964 which has led to extensive discussions on this topic in the past as well as restrictions by the Supreme Court. The main aim of this thesis is to evaluate the benefits of the regulation of the transfer of a right as security in Civil code 2012 as compared to 1964. Introductory chapters are dedicated to general issues of the law of obligations, focusing on changes of the basic terms. Al brooks trading price action reversals pdf. Other chapters include historical development of the institute and evaluate the applicability of the existing jurisprudence in light of the Civil code 2012. Following chapters deal with the issues of formal and content requirements for the contract on transfer of a right as security.

Next chapters describe the process of realization of the transfer of right as security including its termination. The thesis includes also assessment of the regulation of transfer of a right as security in other laws. This thesis also assesses risks of the transfer of a right as security for the debtor focusing on consumer protection and protection of a weaker party. The thesis therefore contains recommendations to the contracting parties (especially to the debtor) to conclude a contract on the transfer of right as security after a thorough evaluation of the risks and (if possible) with assistance of expert specialized in relevant legislation and decision-making practice of the courts. One of the last chapters deals with the legislation and use of transfer of a right as security in Germany and also includes a comparison with the Czech law.

By way of conclusion, the thesis evaluates the contribution of Civil code 2012 and its impact on the usage of the instrument of transfer of right as security in practice.

Despite the existing problems, the formation of integrative trade and economic, currency, customs and political associations still remains one of the main tendencies of the world development. Economic integration of five CIS countries - Belarus, Kazakhstan, Russia, Armenia and Kyrgyzstan - continues in a format of the Eurasian Economic Union (EEU). This article describes the stages of the development of integration processes, since the creation of the Union State of Russia and Belarus and formation of EEU. Special attention is paid to the need of coordination of actions of association’s participants in the key directions defining competitiveness of economies. The article is devoted to the analysis of the provisions of the two International Covenants on Human Rights, which establish the obligations of their States parties in the form of taking measures to ensure the status of these international acts in the national legal system and their applicability in the national courts. The article also analyses the clarifications on this issue given by the relevant two committees (Human Rights Committee and Committee on Economic, Social and Cultural Rights) in their general comments. The paper considers the existing approach to the above raised issue realized in Great Britain and the USA belonging to the Anglo-Saxon legal system.