Article 25 does not in itself grant a remedy to the parties; rather, the definition of ‘fundamental breach of contract’ contained therein constitutes a precondition for a number of remedies defined elsewhere in the Convention:24 Firstly, if the party affected by a breach of contract is to have a right to avoid the contract in accordance with Articles 49(1)(a), 51(2), 64(1)(a), 72(1), or 73(1), (2), the breach must constitute a ‘fundamental breach of contract’.25 Furthermore, the existence of a fundamental breach of contract is a precondition of a buyer’s claim for the delivery of substitute goods (Article 46(2)

Although, CISG contains no rule to determining the place of the contract formation, according to Pr. Schwenzer, this is not a gap. Subject to contrary agreement of the parties (and its recognition by the governing domestic law), or to a specially significant link between a particular rule and the place of the conclusion of the contract, or between a provision agreed by the parties and that place, it can be assumed that the contract was concluded at the place where the declaration perfecting the contract reached its addressee or the act amounting to acceptance was performed (Article 18(3)). This view is also supported by the case law under the convention - Roder Zelt-und Hallenkonstruktionen GmbH v Rosedown Park Pty Ltd and Reginald R Eustace, Fed Ct Aust (Adelaide, SA), 28 April 1995, CISG-online 218, [1995] 57 FCR 216 et seq (based on Arts 18 and 24)

Withdrawal is a declaratory act; domestic law applies to questions of its maker’s legal capacity, defects of intent, or power of representation

An acceptance may be withdrawn only before or at the same time as it would have become effective. The decisive point in time is the moment at which the withdrawal has reached the offeror (Article 24), while it is irrelevant if he has actually read it.4 On

A late acceptance can still give rise to a contract. It is, however, a precondition that it has reached the offeror. The offeror can then treat the late acceptance as an acceptance.17 However, the offeree must have intended his declaration to constitute an acceptance.

If a contract is to be concluded despite a late acceptance, it is necessary for the offeror to inform the acceptor that he is treating the acceptance as effective

The offeror’s declaration of approval therefore cures a late acceptance, even if his declaration is lost or arrives late.28 Although it does not have to reach the addressee, the declaration of approval is a declaratory act. Questions of legal capacity, voidability etc must therefore be examined by reference to domestic law.2

If late acceptence is treated effective by an offeror, then The contract is formed not when the offeror gives written notice of approval to the offeree or orally informs him thereof, but retroactively at the time when the late declaration of acceptance reached the offeror;43 in the case of conduct equivalent to acceptance (Article 18(3)), the contract is formed at the time when the conduct was performed

If the offeror wishes to prevent the conclusion of a contract, he must protest ‘without delay’ by dispatching notice or orally informing the acceptor. The only requirement for a [protest to be effective is (1) to be dispathced if it is in written, or (2) to be heard by an adressee if it is oral

In cases when offer expired due to either late dispatch or discernable delay, the assent of an oferree shal be considered as a valid late acceptence. However, when a time period for an acceptence fixed in an offer was expired due to other circumstances (rejection) than, the assent of an offerree may be considered as a counter offer

in case of a battle of forms, it is generallty agreed that this problem must be solved by art 19. Scholars distinguish: 1. Last shot rule - 5 Some scholars advocate—albeit sometimes with resignation—the ‘theory of the last word’, which favours the party who last referred to its standard terms without these being subsequently objected to. 2. Knock out rule -n Others favour a conclusion of the contract without the colliding clauses— Restgültigkeitstheorie or ‘knock-out rule’—the clauses ‘knocked out’ to be replaced by the provisions of the Convention (or other provisions, in case the matter concerned is not governed by the CISG) 3. other approaches = recourse to domestic law

For average cases, commentators are suggesting a maximum of three working days;114 case law under the Convention has considered a period of five days to be too long in case of a Chinese–Swedish sales contract that was concluded by fax.115 If the circumstances of the case indicate that a reaction is particularly urgent, this can require an objection by electronic communication rather than by normal mail

6 Changes to the terms of an offer made by an acceptance must affect the content of the offer as interpreted under Article 8. If the parties agree in substance, then discrepancies in the wording (as can occur in international transactions owing to inaccurate translation, insufficient command of a foreign language, or even typing or transmission errors) are not different terms within the meaning of Article 19

It must first be established whether there are different terms at all or whether, despite the differences in wording, there is agreement in substance.88 In a second step, it must then be established whether a different term is material.8

However, if interpretation cannot flesh out the offer so as to cover additional points contained in the acceptance, Article 19 applies. In so far as an offer is silent on a matter, it must be assumed that the offeror acted on an assumption that his offer is supplemented by the rules of the CISG, so that additional terms in the acceptance must also be compared with the rules of the CISG.26 If the buyer’s declaration of acceptance contains a provision to the effect that any defect entitles him to avoid the contract, that conflicts with the rule implied into the seller’s offer by Article 49, namely that the buyer may avoid the contract only where a defect amounts to a fundamental breach of contract. If, on the other hand, the seller’s acceptance provides that the buyer must examine the goods within a short period and give notice of defects within a reasonable period, then that accords with the rules in Articles 38 and 39, which, in the absence of other proposals in that respect, are to be understood as part of the offer; such a term is therefore not different from or an addition to the terms of the offer.

The time24 and place of delivery, even the type of packaging,25 may also be ‘essentialia negotii’ in a particular case, but only if exceptional circumstances so require. For an offer of software, the terms of licensing might be essential.26 If previous negotiations or practices between the parties show that an offer must specifically refer to additional details and then be agreed by an acceptance, a proposal without such details does not constitute an offer

An offeror may want to incorporate certain standard or business terms in its contract, To do that they have to be a part of the offer. Mere reference to the existing standart=d terms is enough when offeree already has a positive knowledge of them. If she doesnt then an oferror must ensure that offeree is aware of the standard terms by conducting "making avaulable test"

For example, where the parties have had a long-term business relationship with each other, a reference to a particular number may suffice to indicate the goods and their amount, and possibly also the price.43 However, a party may display his intentions in some other form capable of interpretation, for example, by sending goods with a price ticket attached to indicate an offer in those terms

An offer is also capable of acceptance if ‘a reasonable person of the same kind’ and ‘in the same circumstances’ as the recipient would have understood the necessary minimum content to have been expressed in sufficiently definite terms (Article 8(2)).50 If the party making the declaration did not intend it to have such a meaning, (p. 274) domestic rules concerning defects of intent may apply (eg those relating to avoidance for mistake)

The elements listed above may, however, still be insufficient:13 Although the wording of Article 14(1) does not clearly say so, the provision is based on the assumption that also the identity of the offeror—ie the person who will be legally bound by the offer—can be determined

A proposal for concluding a contract does not have to be expressly designated as an ‘offer’;5 a declaration labelled ‘letter of confirmation’,6 ‘pro forma invoice’,7 or ‘invoice’8 may similarly constitute an offer under Article 14(1)

The offer is a juridical act and must therefore comply not only with the requirements of Article 14 but also with the rules of the applicable domestic law concerning the effectiveness of such acts (ie as regards capacity to enter into legal transactions, certain types of mistake,1 and power of representation)

intention to be bound + minimum content

Art 7(1) - to interpret

That means, first, that there was actual knowledge of those circumstances or at least an assumption that they might exist (although it is not absolutely necessary that such an assumption be correct).38 Secondly, it means that both parties must have had such knowledge or made such an assumption.39 In practice, however, it will normally depend on the knowledge of the party who has entered into negotiations with the party with several places of business, because the latter will be aware of the internal circumstances.4

Such circumstances include addresses (templates) used in communications, inspections of the goods at a certain place, visits to a party’s office, etc.4

How that is to be determined will depend on the particular case in question.21 In that regard, the rule creates some doubts, since it refers cumulatively to both the closest relationship to the contract and to the performance of the contract.22 It will quite often be the case that a contract will be concluded by one place of business of a party but performed by, or for the benefit of, one of its other places of business.23 Regularly, the place of business of a negotiator or a—disclosed or undisclosed—agent will not have the necessary close connection to be of relevance, it is the party itself that normally has the closest relationship to the contract and its performance.

общее собрание; совет директоров (наблюдательный совет); коллегиальный исполнительный орган; единоличный исполнительный орган.

within that time it is irrevocable

i) Withdrawal of an offer can only be made before or at the same time as arrival of an offer; while revocation takes place at the time when an offer has already reached the offeree but this party has not yet despatched an acceptance.

Paragraph 2 requires for contract supplementation to apply that the parties (at the time of contract formation) knew or ought to have known of the trade usage (the subjective element137). Unlike under Article 8(1), no greater lack of care is required138 because the objective requirements in Article 9(2) substitute the subjective elements in Article 8(1). The requirement is therefore of only minimal practical importance, especially since a lack of due care can regularly be inferred from the fact the usage is objectively known.139 The function of this requirement is to ensure that there is a sufficient link between the usage and the parties;140 the commitment of a party to completely unknown trade usages is therefore possible.141 The criteria for the parties’ degree of care are accordingly not very numerous: implied knowledge regularly arises from a party’s residency in an area where the usage is observed.142 A party’s regular activity in the relevant usage’s sphere of observance (whether place or industry) is also sufficient.1

Article 9(2) requires that the particular usage be widely known to, and regularly observed by, parties to contracts of the type involved (the objective element110).111 Universal knowledge is not required.112 Insofar as it does not concern a universal trade usage, this requirement must be met for the particular trade concerned.

The requirement that the usage be internationally known and observed excludes trade usages developed solely for domestic transactions from the sphere of application of Article 9(2).130 Nonetheless, worldwide observance is not required;131 local or regional trade usages can be sufficient.

Trade usages are accordingly rules of commerce which are regularly observed by those involved in a particular industry or marketplace.

aragraph 2 does not establish a fictional intent of the parties,91 and it certainly does not concern an element of the contract independent (p. 188) of party intent.92 Rather, this provision corresponds to the standard of contract interpretation set in Article 8(2) which protects the legitimate expectations of the parties

If the further requirements of paragraph 2 are met, it is clear that the usages take precedence (on the basis of Article 6)95 over the rules of the Convention.96 This also follows from the purpose of Article 997 and holds true for non-mandatory national rules which assist in filling in lacunae in the Convention under Article 7(2

Only practices observed between the parties matter;54 a more widespread observance is insignificant.55 Standard terms can also be subject of the practice.56 Practices cannot be established between the parties without preceding business contact.57 Moreover, the course of conduct must have created a justified expectation that the parties will proceed correspondingly in the future.58 It is therefore necessary that the parties recognize their conduct as a practice.59 In any case a certain frequency and duration is necessary60 more than the parties simply repeating a particular circumstance once.61 Often a circumstance twice repeated between the parties has been deemed insufficient,62 in (p. 186) particular if the circumstance occurred within a constellation which was atypical for the business relationship.63 On the other hand, CISG provides no guidance for how many transactions are necessary to establish a practice

Examples of practices established between the parties that may be accepted in court concern matters such as the time for delivery of replacement machinery parts,69 or the tolerances in case of delayed performance and their relevance for a fundamental breach in the sense of Article 25.70

According to Article 9(1) the parties are bound by any usage to which they have agreed. The question of how exactly the term ‘usage’ in the sense of paragraph 1 is to be understood is in the end without importance, since under Article 8 any rule to which the parties (p. 184) refer—with sufficient clarity30 but not necessarily by explicit reference31— applies by virtue of agreement

Article 9(2) does not establish any normative validity of the respective international trade usages, it only establishes terms implied by usage.

internationality, uniformity, good faith

when conflict of laws rules lead to the applicability of a contracting state. The conmflict of laws rules may vary from state to state, it may be a purely domestic rule or a uniform one derived from international conventions such as 1955 hague convention. Generaly, there are two approaches (1) territorial - law od the seat; (2) delocalized - international conventions; (3) lex meratoria

in practice it is undisputted that art/8 also regulates interpretation of contracts and the recourse to deomestic law is theregore excluded

COntracts of sale where the obligation of the buyer to supply services is predominent fall outside of the CISG. CISG is applicable to the mixed contracts only if it is a single contract for the sup[ply of goods and services. Other than that CISG may apply to the contract of sale, and domestic law to the contract of service. As to what constitutes the preponderant part, the advpocates mostly favour the economic value test which is to compare the value of goods (or entire contract) with the value of services on the basis of the prices that would have been obtained if there were separate contracts. If the value of services is more than 50% - CISG does not apply

It does not mean that buyetr cannot supply any materials. Sometimes it has to, however, the bottom line is where this "substantial part" lies. There are three ways to define: economic value, vilume, respective contribution to the end product. Most scholars favour economic value test. This means that CISG does not apply where the value ofb contributions of a buyer to the supply of materials is 50% or more. The importanrt rule is to compare party's contributions to each other and not to the value pf end product.

nationality of the contract is independent from the nationality of the parties

Article 1(2) does not require that the fact that the parties’ places of business are in different States is discernible. Rather, this fact must not have been concealed.

three sources from which the international nature of the contract must be apparent. First, previous contacts may point to the different place of business. This does not require previous contracts of sale; any correspondence suffices.157 Secondly, the foreign connection may be apparent from dealings between the parties.158 That includes not only correspondence and direct contractual declarations, but also the entire image and appearance presented by the other party or—if e-mails are used—a Toplevel-Domain which is different from the one used by the respective counter-party.159 Finally, regard must be had to information disclosed by the other party to the contract.160 It is not necessary for it to refer expressly to the foreign connection;161 the position is the same as that for dealings between the parties. Information provided by the respective counter-party eg includes advertisements.

t is thus sufficient that there were indications of the party’s place of business being in a different State, but not necessarily a particular State.165 Nor (p. 45) is it necessary for such indications to point to a different Contracting State.

In line with the general view a ‘place of business’ exists, if a party uses it openly to participate in trade and if it displays a certain degree of duration, stability, and independence.

nmoveable, tangible objects - at the time of delivery

Since CISG does not specifically define what contrat of sale is, it must be understood as any reciprocal contract where one party exchenges goods for a particular asset. Barter contracts are included. In mixed contracts the decisive criteria must be had to the predominent part of the contract. If the predominent part is sale of goods then CISG will apply.

who is buyinmg?

this is audit - for audit you need license, but in case of revission its shareholders check themselves

it is a revission commitee

there is a separate law

in case when a corporate is involved in the transaction with a shareholder who has 20 or more % in a transaction with another entiotty where this shareholder acts as a representative of another company, then this shareholder is an interested person, thus his interest must be a purely business. Both BoD and shareholder will have to report to the BoD

amount of shares that can be purchased back by a company

those who are not mentioned here are not officials but just employees, they will not be liable in case of any fraudulent activities of JSC

the difference between BoD and executive body is that executive body manages daily activities, executive body signs all contracts and etc The BoD usually have some long term plans such as getting into top 5 sellers and executive body undertakes all necessary measures to achieve it. Executive Body (CEO) is being nominated by BoD and CEO reports to BoD So CEO only can sign contracts but sometimes if CEO is absent there can be a chief operting officer to sign a contracts

who are in the list? - those who were shareholders at least 30 days before

it says other mass media. B

what;s that where to find?

so they determine it themselves or what;s the procedure?

are they responsible with their own money

how often does a company is obleged to pay dividends? once a year? is it imperative? are there circumstances besides bankroptcy where JSC will not be obliged to pay? when there is a bankroptsy, are the bonds still have to be paid?

what is the role of funds

partially?

Акционерное общество вправе выпускать облигации с обеспечением на величину обеспечения, предоставленного самим обществом либо предоставленного обществу в этих целях третьими лицами ?????

equity capital

A bond is a fixed-income instrument that represents a loan made by an investor to a borrower (typically corporate or governmental). A bond could be thought of as an I.O.U. between the lender and borrower that includes the details of the loan and its payments. Bonds are used by companies, municipalities, states, and sovereign governments to finance projects and operations. Owners of bonds are debtholders, or creditors, of the issuer.

1 share b 100 share - equally??

why? what if a shareholder does not want to sell?

Preference shares, more commonly referred to as preferred stock, are shares of a company’s stock with dividends that are paid out to shareholders before common stock dividends are issued. If the company enters bankruptcy, preferred stockholders are entitled to be paid from company assets before common stockholders.

Most preference shares have a fixed dividend, while common stocks generally do not. Preferred stock shareholders also typically do not hold any voting rights, but common shareholders usually do

after what time since the registration of JSC, the shares must be issued

independent director is the one who is not affiliated with the company and was not elected as a maember of BoD for last 3 years

the first founders are getting the first shares, those shares are not publlic offerings. Usually when company just starts its activity first shares are usualy not for public offering because the company does not have reputation yet, if company does not have reputation nobody would buy your shares. That is why you need to have a marketignstrategy and gain thid reputation of a asolid and promisy company. This [rovission is only applicab;e to publoc JSC not just open

what is the date?

???

what if it does?

meaning?

При слиянии все компании, участвующие в реорганизации, ликвидируются, а на их месте возникает новая. В случае присоединения одна из ранее существующих организаций останется.

где эти основаниея?

чем отличается преобразование от реорганизации

то есть характер деятельности все же нужно указывать. Как это вяжется со статьей выше?

огранич. ответственность

что если АО по каким то причинам акции не выпускает, должно ли оно быть реорганизованно? Если да то как кто? Также как часто акции вообще должны выпускаться? Через сколько после открытия АО, доожна быть выпущена первая акция?

all shares have to be fully paid at the miment of state registration

The term proxy vote refers to a ballot cast by a single person or firm on behalf of a corporation's shareholder who may not be able to attend a shareholder meeting, or who may not choose to vote on a particular issue. Shareholders receive a proxy ballot in the mail along with an information booklet called a proxy statement, which describes the issues to be voted on during the meeting. Shareholders vote on a variety of issues including the election of board members, merger or acquisition approvals, or approving a stock compensation plan.

Cumulative voting is a type of voting system that helps strengthen the ability of minority shareholders to elect a director. This method allows shareholders to cast all of their votes for a single nominee for the board of directors when the company has multiple openings on its board.

founding agreement. Nothing about the charter

юр лицо отвечает по своим обязательсвтом своим же имуществом, а если недостаточно то тогла имуществом собственника

why is it re-registration?

if a person was away and did not hear, or in military

but usualy if there are no other heirs the court usualy support unless a person may have not been answering the phone for example or smthg else

имеется ввиду либо маленькие дети либо те кто не может раьотать ввиду каких лиюо заболеваний

раннее было написано что любой владелец можеь предявить виндикационный иск

деликы?

как это защита прав в админимстративном порядке

,??

не приостановление, но исчисление занаво

alienate

какое расстояние? adjoining land plots

residential premises and historicaly important monumentums cannot be destroed

EASMENT permission of an owner of a land to some one to use it

anything that does not belong to a private property is basicly governmental

you can claim things but not money usually because it is very hard to prove that they belonged to you

если имущество требует регистрации

Поступления, полученные в результате использования имущества (плоды, продукция, доходы), принадлежат лицу, использующему это имущество на законном основании, если иное не предусмотрено законодательством или договором об использовании этого имущества

ри слиянии юридических лиц права и обязанности каждого из них переходят к вновь возникшему юридическому лицу в соответствии с передаточным актом.

1. При присоединении юридического лица к другому юридическому лицу к последнему переходят права и обязанности присоединенного юридического лица в соответствии с передаточным актом.

2. При разделении юридического лица его права и обязанности переходят к вновь возникшим юридическим лицам в соответствии с разделительным балансом.

3. При выделении из состава юридического лица одного или нескольких юридических лиц к каждому из них в соответствии с разделительным балансом переходят права и обязанности реорганизованного юридического лица.

4. При преобразовании юридического лица одного вида в юридическое лицо другого вида (изменении организационно-правовой формы) к вновь возникшему юридическому лицу переходят права и обязанности реорганизованного юридического лица в соответствии с передаточным актом.

какие существуют основания прекращения права?

должен ли собственник имущества спрашивать разрешения у собственника зем уч перед каждым своим действием в отношении либо уже существующих сооружений либо чтобы посторить чтото на учаске на котором тот имеет право пользоа=вания?

3 months

does it mean that they can enforce a buyer to sell a property he just biufgt?

No that actually measn that if a seller has an intention to sell his shared property (franctional) then other owners shall be first in the list of buyers

отчуждение?

имеется ввиду именно на бумангах? например каждая организация имеет свое здание и на здании обычно висит вывеска, на вывеске тоже

солидарная ответсвеннность?

что значит не отвечают по обяз и несут риск убытков

являются ли ОСОО, АО итд Юр Лицами? и для чего нужно такое разделение?

достаточно ли решение учредителей, или они все же обязаны подать в суд?

передаточный акт?

разделительный баланс?

реорганизация должна проходить то решению суда? Если так, то кто в таких случаях ответчик?

внещний управляющий газгачается на время или навсегда?

чем предстаительсвта и филиаалы отличиаются (1) друг от друга? (2) от органов юр лица? (3) есть ли у филиалов свои органы?

особо тяжкое

особо тяжкое

особо тяжкое

Тяжкое

являются ли униатарные и муниципальные предприятия юридичеаскими лиуами, если да то почему в параграфк выше указано что владельуами имущества унит предпр является государство, а еще выше указано что имущесством юр лиц является само юр лицо. Учитывая это как может быть что имущество юр лицпа (в данном случае унит преппр) является и гос-во и само юр лицо ( унит предпр)?

учредитель или юр лицо

Economical unity - means that a a property of LE belongs only to the LE, not to structural subdivisions, Detachmenmt of the property - the rights on its property

A legal entity - is an organozation with a detached property, which can get and exercise civil rights on its behalf, and carry civil obligations, be a plantiff and a deffender in court

Goods - anything that can satisfy the needs of the subjects (money, data, arts etc)

weigh two arguments and give most likely result

who is depositary in multiletaral treaties? BILETERAL?

So a state can invoke the fact that its consent to be bound by a treaty has been expressed in violation of a provision of its internal law if they will manage to prove that such a violation really exist, right? if yes, then whats gonna happen after state invoked its internal law?

reservations are the violation

a state cannot impair or frustrate the purpose of the multiletaral convention, by uniletaral decissions. In multiletaral agreements, any reservations must be accepteed by all contracting parties. A state can attach reservation to the signature, however, this would still require absolute acceptence

court 1

you cannot just make a reservation, you need to justify it

dictum

look into the text

issue whether or not US violated IL and CIL by performing military or paramilitary activities in and against Nicaragua is a matter of political disputes.

US claimed that the case is filed by Nicaragua is inadmissible because it failed to file a declaration of acceptance of the jurisdiction - objection to the application of p. 2 of art. 36

why art. 53 doesn't really work here

art. 53 doesn't work

Nicaragua invoked art. 53

nicaragua's claim with respect to CIL

nicaragua's claim with respect to IL

Fact 1

US claim: 1st The case was out of scope of the jurisdiction of ICJ 2nd The case was inadmissible because it invoked acting in collective self-defense

dicta of lotus case

the french claimed that IL (art15) does not allow turkey to extend its jurisdiction based on a fact that some turkish have been victims. However, it is not the question of whether a certain principle of law allows, that is the question whether or nor it prohibits certain action. And it does not restrict turkey to consider that the offense produced its effect on turkis people and in a place considered as turkish in which an application of turkish law cannot be chalanged

principles of IL 1

interpretation of the convention by the court

turkish and french vessel were convicted under the same art (connexity of offense). both turkish and french penal codes have identical provissions regarding connexity of offense. Given this the court decided that both cases must be entrusted to the same court

French therefore does not argue that the collission may have caused the death of those people

Turkish counter claim: (1)Art.15 only requries turkey, in any case involving foreighners, not to act in a contrary tothe IL (2)Turkish penal does not contradict to the IL (3)According to the Turkish Penal Code a ship which raises turkish flag is considered as turkish land; (4)The fact that turkish jurisdiction extends upon the turkish land is undisputted; (5)If that is true, and if undemnity must be paid only in case of extension out of ones jurisdiction; Therefore/ (6)Turkey was acted in accordiance with its jurisdiction and (7) No damages should be paid

French Argument with regard to the violation of convention: (1) Turkey entertained its criminal proceedings for the crime committed outside of the turkey; (2) The Convention does not allow Turkey to entertain criminal proceedings for the crimes committed outside of the Turkey unless the consent of a contested state has been given; (3) Such a consent has never been given; Therefore, (4) Turkey violated the Convention.

French's argument with regard to the violation of the principles of international law: (1) As it's established by the practice of civilized nations, one country cannot extend its jurisdiction upon the crimes committed abroad based purely on a bare fact that one of its nationals has been a victim; (2) In this particular case, Turkey has done exactly this; Therefore, (3) Turkey has violated the principles of IL

French asked damages from Turkey

Theory 1

recoprocity 1) by violating IL state may break a required connections with the outside world. 2) violation of which maay also put the state itself at risk, cause if they dont respect the law with regard to others than others will most likely resist

you cannot discovere the natire pf imternational law refering to the emforcement systems

значит ли это что если я совершил по неосторожности но статья по которой меня судят не предусматривает неосторожность то иеня будут судить с учетом якобы умышленного пичинения вреда?

что это значит. дает ли эта статья полный иммунитет к уголовной отвтественности юридическому лицу

the first claim of libel, Sullivan asserts, consists within the text of 6 paragraph, where NY Times use the word 'They' describing all the actions police contributed. Since Sullivan supervices police, he authomaticaly gets liable under the that word. Which was used describing how police not onply arrested Dr. KIng but almost killed his wife and child assaulted his person, arresteed bhim 7 times when in rality it was 4.

Issue: To what extent constitutional protections for speech and press limit a State's power to award damages in a libel action brought by a public official against critics of his official conduct

Const. rights : limitation clauses = principle of proportionality = nesacity in democratic society. Limitation clauses could be either general or specific. Judicial review 1) whether the statute limits the constitution 2)whether the limitation is constitutional (there are absolute rights that can not be limitted, it is absolute if its scope is fully protected in the sub-const. dimension.)

3) examines the affect of unconstitutionality of the stATUTE

issue

who are that voters

because that's not a private collegeg, act does not violate its 1 am right on free association

level of constitutional svrutiny

1 am

relationships between undocumented persons and a fedreal government

Reason why soex 14 am is unapplicanle in arh case

hese decisions are controlling on the matter of federal regulation of immigration matters and the rights of undocumented persons under the Fourteenth Amendment.

case realted to equal protection

argument against its religiousy association

arguement against its privasy

is it private

you said that in presidency there is no such things as prime ministers only president and vice president

roh MOO hyun got sued in 2004 for the interferation to the elections of public officials. How did he violate it? He made the one- side statement of particular pliticqal party. art 65 grounds for the impeachmnt which art. did he violate? art 72

why does she wwrite in that way? because she writes likewise she is a man, because cheeks and ear these are the kind of attributes of womens beauty

1. president appoints the chairperson but jogorku kenesh gives concent
2. president Dismises memers of cabinet ministers but jk gives concent
3. Prsident is electing for 5 years term and he is a head of executive but jk (legislature) calls elections of the president
4. president dismisses chairman but jk ellect judges
5. President and parlant ellect judges but judiciary mwith deputies and prosecution may dismiss president

gurantee of the sop is the entire section or the chapter 3 which consists of president, cabinet of ministers and the chairman

?

1 value of sop

equal but separate. this is the common thing of plessy v. fergusin but why does the judges of this court decided that this particular case is innaplicable to brown v. board education. and why does equal bu separate is inherently unequal?

what is that?

how does it differ from the Monarchy?