利他合同的基本理论问题

基于“不得为他人缔约”的规则,罗马法上不承认利他合同。欧洲共同法时期受自然法学思想的影响,承认了利他合同,但以第三人的接受作为前提。因为其在实践上的缺陷,这一理论逐渐为新理论所取代,直接承认合同可以对第三人产生效力。建立中国法上的利他合同制度,不宜通过对合同法第64条的解释来实现,而应在完整借鉴大陆法系利他合同理论的基础上,在未来民法典中通过立法的方式来实现。     

On the concept of the “economic constitution” and the importance of Franz Böhm from the viewpoint of legal history

During its development, the concept of an economic constitution embraced varying elements. At the birth of the Federal Republic, these elements stood in sharp contrast to each other. After World War I Hugo Sinzheimer associated the concept with theGemeinwirtschaft (publicly controlled economy) as an expression of the organized economy of the Weimar Reichsverfassung. Franz Böhm deserves recognition for having cast the idea of competition into legal forms; thus he laid the foundation of our economic order and opened new horizons for the concept of economic constitution.     

Conspiracy Mongering in Venezuela: The Chavismo Period (1998–2018)

Hugo Chávez's rise to power in 1998 brought many changes to Venezuela's political culture. One transformation not frequently commented on is the constant formulation of conspiracy theories, both by chavismo supporters and by its opponents. This article discusses some of those conspiracy theories, relating to the deceased Venezuelan President's origins, his religious beliefs, the 2002 failed coup d'état, and Chávez's own death. It also addresses more recent conspiracy theories relating to Nicolás Maduro's birth, economic warfare, and drug smuggling operations. Venezuela is currently undergoing a major humanitarian crisis, and this article defends the view that, at least partially, conspiracy mongering has been a factor in Venezuela's collapse. As part of Venezuela's reconstruction, this article recommends that Venezuelan political forces need to reach a consensus and agree not to make ridiculous conspiratorial claims.     

Conflict and reform in eastern europe

Venezuelan President Hugo Chávez fended off a spirited challenge by Governor Henrique Capriles this fall. But continuing questions about Chavez's health and the country's dismal governance suggest that change may be coming soon. Looking ahead, the opposition will need to address concerns by the very poor that social spending will dry up if Chávez is no longer in office. Meanwhile, political differences and power struggles, and a sense of demoralization, risk undermining Capriles’ diverse coalition. The regional scenario would look very different without Chávez. External players should restrain from meddling during this period of uncertainty. Instead, support should focus on trying to ensure that Venezuelans continue to rely on the ballot box in determining the course of a country facing so many daunting problems.     

Was Hugo Chávez to Blame? Media Depictions of Polarisation in Venezuela, 1998–2013

This article explores how seven leading western newspapers covered the topic of polarisation in Venezuelan society during the Chávez era. It found that the media largely ignored the debate as to whether Hugo Chávez was the catalyst or consequence of polarisation. It virtually unanimously presented him as a divisive, polarising character destroying democracy, contrary to the lived experiences of many Venezuelans, while ignoring other possible explanations for the polarisation. It also found that there was a strong similarity in how the liberal and conservative, British and American press covered the issue, with virtually no differences in explanations or outlook, thus manufacturing consent for the elite view of the issue.     

The Chávez vote and the national economy in Venezuela

Hugo Chávez has attracted considerable political support since his emergence on the Venezuela political scene. But what are the bases of this support? More specifically, is economic voting a significant component of his support? Through investigation of the 2010 LAPOP Barometer data, we estimate the various components of a Chávez vote model. In a series of logistic regression analyses, the weight of sets of explanatory variables is assessed, as well as the weight of the overall model. In particular, the role of the economy is carefully explored. First, is Chávez held accountable for the economy? Second, does his personal leadership image dominate his economic policy image? We find evidence of a significant economic voting component in popular support for Chávez, although several other explanatory variables also exert a substantial impact on it.     

Responding to radical populism: Chavismo in Venezuela

What are the effective ways of responding to populists, especially radical populists in government? The pessimistic answer provided by Chavismo is that little can be done; most of the negative impact of highly populist movements cannot be avoided in the short to medium term. The reasons lie not only in Venezuela's unique oil-based economy, but in the country's previous failures of democratic governance, a condition shared by many developing countries. Such failures make it likely that radical populists will receive broad popular support. This does not suggest that international actors cannot play a useful role in responding to populism. But the most viable democratic strategy is a long-term one emphasizing patient efforts by domestic opponents to reorganize themselves into programmatic, pluralist options for the future.