Publications

Publications


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02/11/2010
Remarks on Processing and Publishing of Judgments of the Senate of Latvia

/Publication available only in Latvian/

Authors: Māris Vainovskis, Edijs Poga

Jurista Vārds, Nr.44 (639), 02.11.2010.

These remarks deal with the issues of processing and publishing of judgments of the Senate of Latvia. Remarks contain information about the Senate of Latvia, significance, publishing and analysis of its judgments, as well as application of these judgments in the case-law of contemporary Latvian courts. Remarks end with certain conclusions and suggestions in respect to processing and publishing of judgments of the Senate of Latvia.

These remarks are amended theses to the paper of authors “Topicalities of processing of case-law of Latvian courts” presented on October 15, 2010 at the international conference “Case-law of the Supreme Court and its role in development of legal thought in Latvia” devoted to 15 years of work of the Senate and the Chambers of the Supreme Court of the Republic of Latvia.

27/10/2010
Deductions from Work Remuneration

/Publication available only in Latvian/  

Author: Elīna Umbraško

www.ifinanses.lv, 27.10.2010.

The Labour Law guarantees employee`s rights to receive agreed remuneration for the performed work. These rights may be restricted only on occasions prescribed by law, for example, employer may use rights to make deductions from employee`s work remuneration provided by Chapter 21 of the Labour Law. The article addresses issues of legal regulation as well as application, examining cases when making deductions is permissible, the procedure of making deductions and amount.

25/10/2010
Tort developments in Latvia in 2009

/Publication available only in English/   

Author: Agris Bitāns

Tort developments in Latvia. European Tort Law Yearbook, European Tort Law 2009, co-author, Walter de Gruyter, 2010, 360 - 373 lpp.

You may download full article in English here

19/10/2010
Certain Aspects Influencing the Application of the Judge-made Law

/Publication available only in Latvian/

Author: Ginta Sniedzīte

Jurista Vārds, Nr.42 (637), 19.10.2010.

Legal force and status of the Judge-made law is to be found between the generally formally binding force of legal norms created by the legislator and intra partes force of a simple court judgement as act of application of the law. However, in addition to the legal force thus identified, the Judge-made law is a concept application of which is deeply influenced also by certain other aspects.

While analysing circumstances determining necessity of the concept of the Judge-made law within the legal system as well as theoretical prescriptions regarding further development of the norms formulated by the court, one can establish several factors influencing the application of the judge-made law. In this article, author analysis two of those factors, i.e., status of the court (author of the Judge-made law norm) within the court system and consistency and stability of norms formulated by the court.   

06/07/2010
Justified debtors objections as one of legal enforcement measures

/Publication available only in Latvian/

Author: Viktorija Jarkina

Jurista Vārds, Nr.27 (622), 06.07.2010.

Insolvency Law don’t have to be considered as Collection of Debt’s Law. For collection of debts are provided other legal enforcement measures.

1st Clause of Insolvecy Law states the aim of insolvecy proceeding which is to promote insolvency subjects solvency’s renewal and to protect interests of creditor in case of debitors limited solvency or insolvency.

01/06/2010
Can the domain „notary” be used for private notaries advertising?
 
/Publication available only in Latvian/

Author: Viktorija Jarkina

Jurista Vārds, Nr.22 (617), 01.06.2010.

Sworn notaries can not attribute all the notary ie. notary management acts and legal systems and the title to themselves.

Using domain name „notary” in the interests of one person is a Notary Law and ethics rules disruption. Compliance of ethical principles and standarts is every sworn notary’s personal thing.

To act ethically is sworn notary’s liability, defined by laws and regulations and sworn notary’s statuss as well as  in relations with the society. Not less importance in compliance of ethical principles and standarts is given to the case law, which creates the unity between sworn notaries.

01/04/2010
Will the new Patients' rights law facilitate patients and medical institutions relations?

/Publication available only in Latvian/

Author: Anta Blumberga (Nozare.lv)
Agris Bitāns comment

Kapitāls, 04/2010 (148)

Latvian medical fees are going under major changes. Perhaps that major adjustments of private medical activity will also create a new Patients' Rights Law, which came into force since 1st March. Now the patient is no longer  perceived as the aid recipient, but as a service consumer.

01/04/2010
What should know the franchisor and franchisees?

/Publication available only in Latvian/

Author: Viktorija Jarkina

Kapitāls, 04/2010 (148)

Franchise as an integrated commercial activity model usually does not attract the trademark and the consumers attention, because consumers have in their mind the image that was associated with a particular brand,for example McDonalds, so they desire to get the necessary goods or services based on their experience. But this business model in the international market is growing year by year, as an evidence we can take a look on different companies - Pizza Jazz, Domino's Pizza, Ford, etc. – and their prevalence in the world.

28/01/2010
Franchise agreement is under regulation

/Publication available only in Latvian/

Autor: Viktorija Jarkina

Dienas bizness, 28.10.2010., Nr.3756 (16)

The franchise agreement as one of the types of commercial transactions is now regulated with entry into force of amendments to the Commercial law (part of the commercial transactions). This was necessary because, despite its “external attractiveness”, the apparent stability and ease of usage, franchising is one of the most difficult types of commercial activity.

26/01/2010
Advantages in Franchise during economic crisis

/Publication available only in Latvian/

Author: Viktorija Jarkina

Jurista Vārds, Nr.4 (599), 26.01.2010.

Regulations in Commercial Law from 1st of January 2010 as commercial transaction type of normative regulation of Franchise have positive impact on development of economic relations.

05/01/2010
Basis for securing claims and amendments that are necessary in Civil Procedure Law

/Publication available only in Latvian/

Autor: Viktorija Jarkina

Jurista Vārds, 05.01.2010., Nr. 1 (596)

In Accordance with Civil Procedure law (hereinafter - CPL) Article 137 (1) basis for securing claim is a problematic or impossible execution of a court judgment. General ruling is that, when adjudicating a matter regarding securing a claim, the court adopts a decision evaluating claimants arguments mentioned in the motivated application of securing a claim and submitted evidence if such are presented. CPL does not provide a possibility for respondent to object to claimants’ application of securing a claim and to submit its evidence thereby it can be concluded that in this phase of the process one cannot speak on parties equality of the rights. This is a reason why it is crucial to ensure fair and uniform practice in cases when claims are being secured.