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OER Osteuropa Recht
Osteuropa Recht
Editors:
Prof. Dr. Burkhard Breig | Prof. DDr. Dr. h.c. Bernd Wieser | AkadOR’in Dr. Carmen Schmidt | Prof. Dr. Dr. h.c. Angelika Nußberger, M.A | Professor Dr. Dr. h.c. Fryderyk Zoll
Shortly after regaining independence in 1918, Poland adopted a modern, systematic regulation of conflict of laws relating to civil law in the 1926 Private International Law Act. The recodification in the 1965 Private International Law Act developed...
The codification history of the Latvian Civil Code of 1937, still in force today, is a vibrant example of how in a country which just had declared independency in 1918, the development of its national legal culture and in this case its civil code...
The article is devoted to the subject of regulation and the scope of the Law of Ukraine “On Administrative Procedure”. It established that, in order to outline the subject of regulation, the Law of Ukraine “On Administrative Procedure” uses...
The paper provides insights into the complexities of terminating construction works contracts, citing lack of payment guarantee, delayed works, defective performance, and non-cooperation as grounds for termination. The paper also explores the...
The Azerbaijani Civil Code (ZGB) was drafted under strong influence from the German BGB but simultaneously incorporates numerous provisions from the CIS Model Civil Code. This hybrid codification led to significant structural inconsistencies that...
Taking into account the real political and legal context, the article (critically) analyzes the latest trends in the development of the institution of the human rights commissioner (ombudsman) in the Russian Federation, based on the analysis of the...
Religion is one of the significant influencing factors of Russian statehood, which cannot be filtered out from the socio-political processes in any historical period. The Russian-Orthodox Church continuously accompanied and, at times, decisively...
This article explores selected legal and political questions concerning Austria’s constitutionally enshrined principle of “perpetual neutrality.” It examines both authoritative and scholarly Soviet and post-Soviet interpretations in this...
In the wake of Russia’s war of aggression against Ukraine, the European Union (EU) has imposed comprehensive, unprecedented – indeed, seemingly draconian – sanctions on Russia. One of the key elements of these measures is the freezing of...
Russian law on pledges of movables was substantially reformed in the course of the major civil law reform of the last decade. Under the Russian Civil Code, pledges are accessory in nature and typically non-possessory. This allows the pledgor to...
The article provides an overview of the special procedural provisions adopted by Russia in 2020 to protect litigants affected by foreign economic sanctions directed against Russia (Articles 248.1 and 248.2 of the Russian Arbitrazh Procedure Code)....
As a result of domestic political tensions from 1905 onward, Tsar Nicholas II was forced to grant Russia a constitutional text. These State Principles of the Russian Empire contained numerous provisions concerning the monarch, but in no way...
In this article, the author analyses Russia's legal responses to the sanctions imposed since 2022. He argues that the numerous legislative changes and regulations do not represent a series of isolated crisis measures, but rather part of a coherent,...
Russia's invasion of Ukraine on 24th February 2022 had far-reaching consequences in many areas. Even the extremely necessary cooperation between Western countries and Russia in the fields of climate change, environmental protection and nature...
Since the fundamental constitutional reform in 2020, initiated by President Putin, the state organization of the Russian Federation has been undergoing a transformation. This affects not only the state level, but also the level of the Subjects of...
Currently, numerous privately-owned enterprises are being nationalized in Russia. Instead of conducting formal expropriation, the state argues the illegality of the current ownership structures and files lawsuits to achieve the transfer of company...
The article is devoted to the analysis of the provisions on secrecy of court decision-making introduced by the Law of Ukraine No. 4173-IX effective from 8 February 2025, the prerequisites for their adoption, and the first problematic issues of their...
Polish law provides for exceptions to the statute of limitations for certain claims connected with rights in rem. A particular constellation is disputed: If a third person builds a structure on a plot of land and the value of the structure...
Human dignity is a right according to the Constitution of Ukraine, but it was not in the focus of the of the jurisdiction of the Constitutional Court of Ukraine. But in April 2018, the court started his new approach towards this right. The human...