Russian Journal of Legal Studies

69-76

Authors: Krzysztof Bokwa, Iwo Jarosz

The paper discusses the old Hungarian private law and its development, an issue regretfully virtually non-existent in the present Western legal scholarship. Its peculiar character, intertwined with a vital role played by custom and judge-made law, atypically in a civil-law system. The authors recount the history of the Hungarian laws and its oldest sources, beginning with Tripartitum. Afterward the turbulent history of Hungarian law in the 19th century is described, specifically the efforts to introduce and force upon Hungarians the then-modern Austrian law after the demise of the 1848 Spring of Nations upheaval, as well as the Hungarians’ efforts to resist such endeavours, successfully completed with the restating of the old legal system as executed by Judex-Curial Conference of 1861 through the Provisional Judicial Rules. Finally, the law-making role of the Hungarian courts is discussed. All that shows, when compared to other systems, that Hungarian private law, though it may seem obstructed from the interests of legal scholars in the West, is a creation of an exceptional character, whose careful examination may prove more and more expedient in the context of the decodifying and globalizing of law in 21st century.

88-99

Authors: Edgar Meyroyan

In view of the variance of substantive norms existing in the law of transboundary watercourses, which may also be categorized according to their importance, the author of the present work analyzes the principle of equitable and reasonable utilization of transboundary watercourses which as such stands to be the most progressive and fundamental principle on the basis of which the rest of the substantive norms of this particular sphere operate. The principle under discussion rests midway between the two competing doctrines of the law of transboundary watercourses: the absolute territorial sovereignty and absolute territorial integrity. Historically, when the rule of equitable and reasonable utilization was formulated, the corpus of international environmental law was premised upon concerns that were either completely unknown or of peripheral importance or contradictory inter se. The principle of equitable and reasonable utilization was thus formulated to reconcile many of those concerns and establish a new reality in the sphere under consideration.

9-16

Authors: Alirezā Lotfi Dodrān, Seyedeh Maryam Asadinejād, Seyed Mohammad Asadinejād

The item of transaction is either a property (like goods) or an action (doing the work), and the promisor should surrender the property that is being traded and he must fulfill the action if the item of transaction is an action. If at the time of the conclusion of the contract, there is no power to surrender the sold good or the promisor had no power for doing the action, the contract is void from the outset because of its risk. However, if for example, the seller had the power to surrender and the promisor also had the ability to do the action from the beginning, but after the contract he has failed to surrender the item of transaction or do the action permanently and absolutely due to the fault or accidentally; in this case, the contract was correct from the beginning until the time of incapability. However, when they fail to surrender, the contract is dissolved or terminated. Therefore, the contract will not be voided if the impossibility of surrender or impossibility in the fulfillment of the contract is temporary. Rather, it brings the impossibility of surrender for the beneficiary. Considering the fact that the legislator did not use the term of the option of impossibility of surrender, so there is a dispute on the right to terminate the contract in this respect, however, it can be understood from studying some of the regulations of this sentence.

29-36

Authors: Dmitry A. Kirillov, Ekaterina G. Sechenova

The article discusses the approach to ensuring the practical focus of higher legal education under the conditions when a significant part of legal provisions "do not operate". For this, the the authors of the article propose using simplified models of legal understanding in the educational process. In developing these models, the authors of the article took into account the following circumstances. The teaching of legal disciplines in Russian universities is more and more complicated every year due to an increase in the number of laws that belong to the category of “acting” only formally, and therefore are not sources of law in the formal sense. Until about 2008, the teacher used the universal rule about the gap between the “static” form and the “dynamic” content. To explain the phenomenon of "unworking" laws such approach was didactically sufficient and methodologically correct. This rule indicated the need for the state to gradually eliminate obsolete laws from the legal space. However, in the last decade such an explanation has obviously become insufficient. So, by 2008, for a “median” practicing Russian lawyer, questions of whether or not this or that law worked in a particular legal situation were put forward as relevant; if the law works, then what “rule" should be applied instead of it to solve a legal problem. Accordingly, in the didactic aspect, a problem arose – how to restructure the teaching of legal disciplines if there are so many laws that are not sources of law (“do not work”). There are many concepts of legal understanding, from the positions of which one can explain the current state of things. However, most of them are difficult for students. The authors of the article propose a simplified model of legal understanding. It distinguishes three blocks - non-working laws, working laws, as well as the rules applied instead of non-working laws. For didactic purposes the authors of the article suggest to apply a differential use of such concepts as "legal law", "law", "feigned legal fact", "feigned legal space" depending on the audience's level of competence. A differentiated approach to groups of students with different levels of legal training also seems reasonable.

47-57

Authors: Sergey E. Smirnykh

The article discusses the rights of some of the most vulnerable groups of the population in international and national law. In particular, it is noted that the rights of the most vulnerable groups of the population as a type of human rights exist within certain states. The implementation and protection of the rights of the most vulnerable groups of the population is a pressing issue, both for the entire international community and for individual states. The interaction of international and national law in the field of the rights of the most vulnerable groups of the population is carried out to satisfy social interests. One of the challenges in protecting the rights of the most vulnerable groups of the population is the need to intensify efforts to eradicate all forms of violence against women. In the context of globalization, the rights of children and persons with disabilities are also of great importance, both for individual states and for the entire world community as a whole.