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In the canon law of the Catholic Church, a declaration of nullity, (commonly called an annulment and less commonly a decree of nullity) is authoritative judgment on the part of an ecclesiastical tribunal juridically establishing the fact that a marriage was invalidly contracted or, less frequently, a judgment juridically establishing the fact that an ordination was invalidly conferred. It does not dissolve a valid bond of marriage, but it is merely a factual declaration of the nullity of the bond.

The concept of positive law is distinct from "natural law", which comprises inherent rights, conferred not by act of legislation but by "God, nature, or reason." Positive law is also described as the law that applies at a certain time (present or past) and at a certain place, consisting of statutory law, and case law as far as it is binding. More specifically, positive law may be characterized as "law actually and specifically enacted or adopted by proper authority for the government of an organized jural society."

The 1983 Code of Canon Law (abbreviated 1983 CIC from its Latin title Codex Iuris Canonici), also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church".[2] It is the second and current comprehensive codification of canonical legislation for the Latin Church sui iuris of the Catholic Church. It was promulgated on 25 January 1983 by John Paul II[2] and took legal effect on the First Sunday of Advent (27 November) 1983.[3] It replaced the 1917 Code of Canon Law which had been promulgated by Benedict XV on 27 May 1917.

The canon law of the Catholic Church ("canon law" comes from Latin ius canonicum) is the system of laws and ecclesiastical legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western legal system and is the oldest continuously functioning legal system in the West, while the unique traditions of Eastern Catholic canon law govern the 23 Eastern Catholic particular churches sui iuris.

Positive ecclesiastical laws, based directly or indirectly upon immutable divine law or natural law, derive formal authority in the case of universal laws from promulgation by the supreme legislator—the supreme pontiff, who possesses the totality of legislative, executive, and judicial power in his person, or by the College of Bishops acting in communion with the pope; in contrast, particular laws derive formal authority from promulgation by a legislator inferior to the supreme legislator, whether an ordinary or a delegated legislator. The actual subject material of the canons is not just doctrinal or moral in nature, but all-encompassing of the human condition.

The canon law of the Catholic Church has all the ordinary elements of a mature legal system: laws, courts, lawyers, judges. The canon law of the Catholic Church is articulated in the legal code for the Latin Church as well as a code for the Eastern Catholic Churches. This canons law has principles of legal interpretation, and coercive penalties. It lacks civilly-binding force in most secular jurisdictions. Those who are versed and skilled in canon law, and professors of canon law, are called canonists (or colloquially, canon lawyers). Canon law as a sacred science is called canonistics.

The jurisprudence of canon law is the complex of legal principles and traditions within which canon law operates, while the philosophy, theology, and fundamental theory of Catholic canon law are the areas of philosophical, theological, and legal scholarship dedicated to providing a theoretical basis for canon law as legal system and as true law.

The scope of the Directive is rather limited, seeking merely to harmonise rather basic consumer rights across the EU. In the UK, these 1999 Regulations work to render ineffective terms that benefit seller or suppliers against the interests of consumers. They also have provisions specifically covering standard form contracts.

The Regulations overlap somewhat with the Unfair Contract Terms Act 1977 which deals specifically with exemption clauses. The Directive set out requirements that in many ways are narrower than rules already in place in English law. It does, however, extend the scope of terms which can be rendered ineffective; especially when dealing with unfair terms that do not constitute exemption clauses.

There was some criticism in legal circles that the UK government had not bothered to repeal and reenact the 1977 Act to embrace the Directive. It has been said the Regulations "sit atop the Act like an ill-fitting wig". The 1994 Regulations were declared an insufficient implementation of the Directive, and had to be replaced by the 1999 Regulations; but once again, the opportunity to consolidate the law into an updated Unfair Contracts Terms Act was missed.

Traditionally, the district courts have sought to limit the operation of exclusion clauses. In addition to numerous common law rules limiting their operation, in England and Wales Consumer Contracts Regulations 1999. The Unfair Contract Terms Act 1977 applies to all contracts, but the Unfair Terms in Consumer Contracts Regulations 1999, unlike the common law rules, do differentiate between contracts between businesses and contracts between business and consumer, so the law seems to explicitly recognize the greater possibility of exploitation of the consumer by businesses.

Types of exclusion clause

There are various methods by which a party may seek to exclude or mitigate liability by use of a contractual term:

• True exclusion clause: The clause recognizes a potential breach of contract, and then excuses liability for the breach. Alternatively, the clause is constructed in such a way it only includes reasonable care to perform duties on one of the parties.

• Limitation clause: The clause places a limit on the amount that can be claimed for a breach of contract, regardless of the actual loss.

• Time limitation: The clause states that an action for a claim must be commenced within a certain period of time or the cause of action becomes extinguished.

Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. It is typically available in the sale of land law, but otherwise is not generally available if damages are an appropriate alternative. Specific performance is almost never available for contracts of personal service, although performance may also be ensured through the threat of proceedings for contempt of court.

Specific performance is commonly used in the form of injunctive relief concerning confidential information or real property.[clarification needed] While specific performance can be in the form of any type of forced action, it is usually to complete a previously established transaction, thus being the most effective remedy in protecting the expectation interest of the innocent party to a contract. It is usually the opposite of a prohibitory injunction, but there are mandatory injunctions that have a similar effect to specific performance.

At common law, a claimant's rights were limited to an award of damages. Later, the court of equity developed the remedy of specific performance instead, should damages prove inadequate. Specific performance is often guaranteed through the remedy of a right of possession, giving the plaintiff the right to take possession of the property in dispute.[citation needed]

As with all equitable remedies, orders of specific performance are discretionary, so their availability depends on its appropriateness in the circumstances. Such order are granted when damages are not an adequate remedy and in some specific cases such as land (which is regarded as unique).

Established by the UNGA in 1966, UNCITRAL's official mandate is "to promote the progressive harmonization and unification of international trade law" through conventions, model laws, and other instruments that address key areas of commerce, from dispute resolution to the procurement and sale of goods.

UNCITRAL's original membership comprised 29 states, and was expanded to 36 in 1973, and again to 60 in 2004. Member states of UNCITRAL are representing different legal traditions and levels of economic development, as well as different geographic regions. States includes 12 African states, 15 Asian states, 18 European states, 6 Latin American and Caribbean states, and 1 oceanian state. The Commission member States are elected by the General Assembly. Membership is structured so as to be representative of the world's various geographic regions and its principal economic and legal systems. Members of the commission are elected for terms of six years, the terms of half the members expiring every three years. As at 3 July 2017, the United Nations Commission on International Trade Law will be composed of the following member States:

Africa

• Algeria (2016)
• Burundi (2022)
• Côte d'Ivoire (2019)
• Kenya (2022)
• Lesotho (2022)
• Liberia (2019)
• Mauritania (2019)
• Mauritius (2022)
• Namibia (2019)
• Nigeria (2022)
• Sierra Leone(2022)
• Somalia (2017)
• Uganda (2022)
• Tanzania (2062)
• Zambia (2019)

Asia

• India (2022)
• China (2019)
• Indonesia (2019)
• Iran (2022)
• Israel (2022)
• Kuwait (2019)
• Lebanon (2022)
• Japan (2019)
• Malaysia (2019)
• Pakistan (2022)
• Philippines (2022)
• Singapore (2019)
• South Korea (2019)
• Sri Lanka (2022)
• Thailand (2022)

Europe

• Armenia (2019)
• Austria (2022)
• Belarus (2022)
• Bulgaria (2019)
• Czech Republic (2022)
• Denmark (2019)
• France (2013)
• Germany (2013)
• Greece (2013)
• Hungary(2019)
• Italy (2016)
• Lithuania (2019)
• Poland (2012)
• Romania (2016)
• Russia (2013)
• Spain (2016)
• Switzerland(2019)
• United Kingdom of Great Britain and Northern Ireland (2019)
• Turkey (2022)

North America

• Canada (2019)
• Dominican Republic (2025)
• Honduras (2019)
• Mexico (2019)
• United States of America (2022)
• Oceania

• Australia (2022)

South America

• Argentina (2016)
• Brazil (2022)
• Chile (2022)
• Colombia (2022)
• Ecuador(2022)
• Peru(2025)
• Venezuela (2022)

The methods of work are organized at three levels. The first level is UNCITRAL itself (The Commission), which holds an annual plenary session. The second level is the intergovernmental working groups which is developing the topics on UNCITRAL's work program. Texts designed to simplify trade transactions and reduce associated costs are developed by working groups comprising all member States of UNCITRAL, which meet once or twice per year. Non-member States and interested international and regional organizations are also invited and can actively contribute to the work since decisions are taken by consensus, not by vote. Draft texts completed by these working groups are submitted to UNCITRAL for finalization and adoption at its annual session. The International Trade Law Division of the United Nations Office of Legal Affairs provides substantive secretariat services to UNCITRAL, such as conducting research and preparing studies and drafts. This is the third level, which assists the other two in the preparation and conduct of their work.

UNCITRAL is

• Coordinating the work of active organizations and encouraging cooperation among them.
• Promoting wider participation in existing international conventions and wider acceptance of existing model and uniform laws.
• Preparing or promoting the adoption of new international conventions, model laws and uniform laws and promoting the codification and wider acceptance of international trade terms, provisions, customs and practice, in collaboration, where appropriate, with the organizations operating in this field.
• Promoting ways and means of ensuring a uniform interpretation and application of international conventions and uniform laws in the field of the law of international trade.
• Collecting and disseminating information on national legislation and modern legal developments, including case law, in the field of the law of international trade.
• Establishing and maintaining a close collaboration with the UN Conference on Trade and development.
• Maintaining liaison with other UN organs and specialized agencies concerned with international trade.

Conventions

A convention is an agreement among participating states establishing obligations binding upon those States that ratify or accede to it. A convention is designed to unify law by establishing binding legal obligations. To become a party to a convention, States are required formally to deposit a binding instrument of ratification or accession with the depository. The entry into force of a convention is usually dependent upon the deposit of a minimum number of instruments of ratification.

UNCITRAL conventions are as follows:

• the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the New York Convention) (1958)
• the Convention on the Limitation Period in the International Sale of Goods (1974)
• the United Nations Convention on the Carriage of Goods by Sea (1978)
• the United Nations Convention on Contracts for the International Sale of Goods (1980)
• the United Nations Convention on International Bills of Exchange and International Promissory Notes (1988)
• the United Nations Convention on the Liability of Operators of Transport Terminals in International Trade (1991)
• the United Nations Convention on Independent Guarantees and Stand-by Letters of Credit (1995)
• the United Nations Convention on the Assignment of Receivables in International Trade (2001)
• the United Nations Convention on the Use of Electronic Communications in International Contracts (2005)
• the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (2008)
• the United Nations Convention on Transparency in Treaty-based Investor-State Arbitration (2015)
• the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention on Mediation) (2018)

Model laws

Model laws are legislative text that is recommended to States for enactment as part of their national laws. Model laws are generally finalized and adapted by UNCITRAL, at its annual session, while conventions requires the convening of a diplomatic conference.

UNCITRAL Model Law on International Commercial Arbitration (1985)

UNCITRAL Model Law on International Credit Transfers (1992)

UNCITRAL Model Law on Procurement of Goods, Construction and Services (1994)

UNCITRAL Model Law on Electronic Commerce (1996)

UNCITRAL Model Law on Cross-Border Insolvency (1997)

UNCITRAL Model Law on Electronic Signatures (2001)

UNCITRAL Model Law on International Commercial Conciliation (2002) (text)

Model Legislative Provisions on Privately Financed Infrastructure Projects (2003)

UNCITRAL Model Law on Secured Transactions (2016)

UNCITRAL Model Law on Electronic Transferable Records (2017)

UNCITRAL Model Law on the Recognition and Enforcement of Insolvency-Related Judgments (2018)

UNCITRAL Model Legislative Provisions on Public-Private Partnerships (2020)

UNCITRAL also drafted the:

UNCITRAL Arbitration Rules (1976) —revised rules are effective August 15, 2010; pre-released, July 12, 2010

UNCITRAL Conciliation Rules (1980)

UNCITRAL Arbitration Rules (1982)

UNCITRAL Notes on Organizing Arbitral Proceedings (1996)

BIO

Artem Dzyuba was born on August 22, 1988 in a poor family in Moscow. Father Sergei Dzyuba worked as a policeman, and mother Svetlana Dziuba was a saleswoman in a store. Artyom lived with his parents in a communal apartment in the Chistye Prudy area.

Despite the fact that Dzyuba's father was fond of football in his youth and even participated in regional tournaments, he did not want to send his son to this sport. Therefore, when 7-year-old Artem got the idea to become a football player, he had to persuade his parents to send him to the kid's football club.

Dzyuba found himself at Spartak at the age of 8: during the casting, Artem so impressed the coach of the academy Alexander Yartsev (son of the Spartak legend Georgy Yartsev) that he immediately accepted him into the team. Against the background of his peers, Dziuba stood out favorably due to his physical data and ability to work with the ball.

However, at school, Artem was also in sight. Dziuba often got into trouble and, according to his recollections, was a "champion" in pranks. Together with friends, he disrupted lessons, knocked on classroom doors and ran away, and once participated in a game in the final of which a tennis ball flew into the head of the head teacher.

In the main Spartak team, Artem Dziuba made his debut on July 21, 2006. The 17-year-old striker entered the last 19 minutes of the RPL match with Saturn, but could not distinguish himself with effective actions. Dzyuba scored his first goal for Spartak on February 26, 2007. In the match of the 1/8 finals of the Russian Cup with Sibir (1:3), Artem replaced Roman Pavlyuchenko and soon brought his team forward. After the game, he admitted that he dedicated his debut goal to his first coach, who was found murdered in his own apartment a week before the game.

Unfortunately, the striker's career in his native club did not work out. In 2009, Dziuba got into the famous scandal involving Vladimir Bystrov's wallet: the midfielder discovered that money had been stolen from him and blamed Artem for this. Spartak sided with Bystrov and sent Dziuba on loan to Tom.

In Tomsk, Artem showed himself great, so on his return he got into the starting lineup of Spartak. However, Dzyuba's happiness did not last long. Under the new coach of the club, Unai Emery, Artem began to score much less often and ended up in a deep reserve. And soon he completely quarreled with the Spaniard.

Under the next coach of Spartak, Valeria Karpin, Dziuba did not play either. As a result, Artem was loaned to Rostov, where he scored 19 goals in 31 matches and became the owner of the Russian Cup.

When Dzyuba once again returned to Spartak, the club began to actively try to extend the agreement with him. Spartak offered Artem a new contract three times, but the striker refused and Dziuba's parting with Spartak turned out to be scandalous. Six months before the expiration of the contract, Artem was removed to the double team, so he was forced to go on loan for playing practice. As a result, the 2014/2015 season Dziuba finished in Rostov.

Dziuba officially moved to Zenit on July 1, 2015. The Petersburg club signed a 5-year contract with Artem, and Dzyuba's salary was 3.3 million euros per year. For Zenit in the RPL, the striker made his debut on July 19 in a match against Dynamo Moscow, and a week later, in a game with Ural, he scored his first goal in the new club.

At first, in St. Petersburg, things were going well for Dziuba: he regularly played and scored. However, in 2018, under head coach Roberto Mancini, Artem began to sit on the bench more and more often. As a result, Dzyuba went on loan to Arsenal for playing practice. There he spent the second half of the 2017/2018 season and scored 6 goals in 10 matches.

The rent went to Artem's benefit. Returning to Zenit, Dzyuba got stronger and began to enchant: he won the Russian Championship three times, the Cup twice and the Russian Super Cup three times. He also twice became the top scorer and the best assistant at the end of the RPL season.

ACHIVEMENTS

Russian Cup Winner (2014)

Champion of Russia (2019, 2020, 2021)

Russian Cup Winner (2016, 2020)

Winner of the Russian Super Cup (2015, 2016, 2020)

The best scorer of the championship of Russia (2020)

The best assistant of the championship of Russia (2019, 2020)

Member of the Grigory Fedotov Club (2016)

Member of the Club of 100 Russian scorers (2016)

The best football player of 2018 according to the RFU

The best player of the season of the Russian Football Championship (2020)

Member of the Igor Netto Club (2021)