1.1. These Terms & Conditions (referred to below as “Terms and Conditions or “T&C”) of HEMP SAPA s.r.o., registered office at Křižovnická 86/6, Prague – Old Town, Post Code 110 00, tax ID: 061 16 329, filed in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert No. 276405 (referred to below as “Seller”) regulate the mutual rights and obligations of contractual parties arising from or connected to the purchase contract (referred to below as “purchase contract”) between the Seller and another individual (referred to below as “Buyer”) via an e-shop of the Seller, in accordance with regulation § 1751, paragraph 1 of Act no. 89/2012, Coll., the Civil Code, as subsequently amended (referred to below as “the Civil Code”). The Seller runs the e-shop at the webpage www.hempsapa.com (referred to below as “the webpage”), using the interface of the webpage (referred to below as “the webpage interface”).
1.2. The Terms and Conditions do not apply to cases where the person with intent to buy goods from the Seller is a legal entity or a person carrying out the purchase as part of their business activities or as part of their individual employment.
1.3. Regulations deviating from the Terms and Conditions can be established as part of the purchase contract. Regulations deviating from the T&C contained in the purchase contract are superior to the regulations established in the Terms and Conditions.
1.4. The regulations established in the Terms and Conditions constitute an inseparable part of the purchase contract. The purchase contract and the T&C are in Czech language. The purchase contract can be closed in Czech language.
1.5. The Seller reserves the right to change or amend the content of the Terms and Conditions. This regulation does not concern the rights and obligations that came into force before such change or amendment to the Terms and Conditions.
2.1. The Buyer can access the user interface after registering on the webpage of the Seller. The user interface (referred to below as “user account”) enables the Buyer to order goods from the e-shop. In case the web interface of the e-shop allows it, the Buyer can also order goods without registering, directly from the web interface of the e-shop.
1.6. The Buyer is obliged to enter all details correctly and truthfully during the registration on the webpage and while ordering the goods. The Buyer is obliged to update the details in their user account in the event of any change. The Seller considers the details specified in the user account of the Buyer and during the ordering process correct.
1.7. Access to the user account is secured by a username and a password. The Buyer is obliged to maintain confidentiality of the information necessary to access their user account.
1.8. The Buyer is not entitled to enable third parties to access and use their user account.
1.9. The Seller has the right to cancel a user account, especially in the event when the Buyer does not use their user account for more than one year, or in the event when the Buyer violates their obligations arising from the purchase contract (including the Terms and Conditions).
1.10. The Buyer hereby acknowledges that the user account does not have to be accessible at all times, especially with regards to the necessary maintenance of the hardware and software equipment of the Seller, or the necessary maintenance of the hardware and software equipment of third parties.
2.1. The complete presentation of the goods on the web interface of the e-shop is of informative character and the Seller is not obliged to close the purchase contract connected to these goods. The regulation established in § 1732, paragraph 2 of the Civil Code does not apply.
2.2. The web interface of the e-shop contains the information about the goods, including the prices of individual items and the cost of returning the goods, should the goods cannot be returned via mail. The prices of the goods include the VAT and all other fees. The prices of the goods remain valid for the period during which they are listed on the web interface of the e-shop. This regulation does not limit the right of the Seller to close a purchase price under different conditions agreed upon individually.
2.3. The web interface of the e-shop also contains information about costs connected to packaging and delivery of the goods. The information about packaging and delivery costs are valid only for delivery within the Czech Republic.
2.4.3. information connected to the delivery costs (referred to below as “the order”).
2.5. Prior to submitting the order to the Seller, the Buyer can check and amend all the details of the order, in order to find and correct possible mistakes made while filling out the order form. The Buyer submits the order to the Seller by clicking the button “Submit”. The Seller considers the details of the order as correct. After receiving the order the Seller is obliged to confirm the receipt of the order to the Buyer electronically, to the e-mail address of the Buyer specified in the user account or in the order (referred to below as “the e-mail address of the Buyer”).
2.6. The Seller is entitled to ask the Buyer for further confirmation of the order, based on the character of the order (the amount of the goods, the purchase price, the delivery costs), either in written form or by telephone.
2.7. The contractual relationship between the Seller and the Buyer arises from delivering the confirmation of the order to the Buyer (accepting) by e-mail, to the e-mail address of the Buyer.
2.8. The Buyer hereby gives consent for using the means of remote communication to close the purchase contract. The Buyer covers all costs arising to them from using the means of remote communication in connection to the purchase contract (the internet connection and telephone calls costs), whereas these costs do not differ from the basic rate.
3.2. Together with the purchase price the buyer is obliged to pay the costs connected to packaging and delivery as stated by the purchase contract. If not stated otherwise, the purchase price contains the delivery costs.
3.3. The Seller does not require any advance payments from the Buyer. This does not concern the regulation in Article 4.6 of the T&C about the obligation to pay the purchase price in advance.
3.4. In case of cash payment or payment upon delivery the purchase price is paid upon delivering the goods to the Buyer. In case of wire transfer the purchase price must be paid within 3 days of closing the purchase contract.
3.5. In case of wire transfer the Buyer is obliged to use a specific variable symbol of the payment when carrying out the payment of the purchase price. In case of wire transfer the obligation of the Buyer to pay the purchase price is fulfilled when the money is credited to the bank account of the Seller.
3.6. The Seller is entitled to require that the purchase price is paid before sending the goods to the Buyer, especially when the Buyer does not confirm the order (Article 3.6). The regulation established in § 2119, paragraph 1 of the Civil Code does not apply.
3.7. Possible discounts on the purchase price provided to the Buyer cannot be combined.
3.8. In case it is usual in business relationships or in case binding legal regulations establish it, the Seller will issue an invoice for the Buyer for the payments carried out on the base of the purchase contract. The Seller is obliged to pay the VAT. The Seller will issue the invoice for the Buyer and send it electronically to the e-mail address of the Buyer after the Buyer pays for the goods.
3.9. In accordance with the Act on records of sales the Seller is obliged to issue a receipt for the Buyer. The Seller is also obliged to record the accepted payment online with the tax administrator. In case of a technical issue the Seller is obliged to record the payment within 48 hours.
4.1. The Seller hereby notes that in accordance with the regulation established in § 1837 of the Civil Code it is not possible to withdraw from the purchase contract for the delivery of goods that was adjusted according to the wishes of the Buyer, from the purchase contract for the delivery of perishable goods, or goods that was irrevocably mixed with other goods during the delivery. It is also not possible to withdraw from the purchase price for goods in a closed packaging that the Buyer took out of the packaging and therefore it is not possible to return it for hygienic reasons, and also it is not possible to withdraw from the purchase contract for the delivery of audio or video files or computer programmes, in case the original packaging has been damaged.
4.2. Except for cases specified in Article 5.1 of the T&C and other cases where it is not possible to withdraw from the purchase contract, the Buyer has the right to withdraw from the purchase contract within fourteen (14) days from the delivery of the goods, in accordance with the regulation established in § 1829, paragraph 1 of the Civil Code, whereas in case the subject of the purchase contract is several types of goods or the delivery of several parts, this period starts on the day of the delivery of the last batch of goods to the Buyer. Withdrawal from the purchase contract must be delivered to the Seller within the period stated in the previous sentence. Withdrawal from the purchase contract can be sent to the address of the shop of the Seller or to the e-mail address of the Seller [info@hempsapa.com].
4.3. In case of withdrawal from the purchase contract in accordance with Article 5.2 of the T&C the purchase contract is cancelled completely. The Buyer must return the goods to the Seller within fourteen (14) days from the delivery of the withdrawal from the purchase contract to the Seller. In case the Buyer withdraws from the purchase contract, the Buyer must pay the costs connected to returning the goods to the Seller, which also applies in case the goods cannot be returned in the usual way, by mail.
4.4. In case of withdrawal from the purchase contract in accordance with Article 5.2 of the T&C the Seller will return the financial means accepted from the Buyer within fourteen (14) days from the withdrawal from the purchase contract, using the same payment method. The Seller also has the right to return the financial means to the Buyer directly when the Buyer returns the goods, or in any other way, if the Buyer agrees with this method and no other expenses will incur. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the financial means to the Buyer before the goods are returned or before the Buyer proves that the goods have been sent back to the Seller.
4.5. The Seller has the right to include the claim for damaged goods into the claim of the Buyer for reimbursement of the purchase price.
4.6. In cases the Buyer has the right to withdraw from the purchase contract in accordance with the regulation established in § 1829, paragraph 1 of the Civil Code, the Seller has the right to withdraw from the purchase contract, up until the receipt of the goods by the Buyer. In such a case the Seller is obliged to return the amount of the purchase price to the Buyer without unnecessary delay, by wire transfer to a bank account stated by the Buyer.
4.7. In case the Buyer receives a gift together with the goods, the deed of gift between the Seller and the Buyer is closed with an exiting condition that in case the Buyer withdraws from the purchase contract, the deed of gift expires and the Buyer is obliged to return the gift to the Seller together with the goods.
5.1. In case the means of transport is established on the base of a special request by the Buyer, the Buyer accepts the risk and possible additional costs connected to this means of transport.
5.2. In case the Seller is obliged to deliver the goods to the address specified by the Buyer in the order, in accordance with the purchase contract, the Buyer is obliged to accept the goods upon delivery.
5.3. In case it is necessary to deliver the goods repeatedly or in a different way than stated in the order, for reasons on the Buyer’s side, the Buyer is obliged to pay the costs connected to the repeated delivery of the goods, and/or the costs connected to the different means of delivery.
5.4. When accepting the goods from the carrier company the Buyer is obliged to check that the packaging is not damaged and in case they find any defects the Buyer is obliged to report this fact to the carrier. In case the damage to packaging has obviously been caused by unauthorized opening of the order, the Buyer is not obliged to accept the order.
5.5. Other rights and obligations of the contractual parties concerning the transport of the goods can be specified in special delivery conditions of the Seller, should the Seller issue such conditions.
6.1. The rights and obligations of the contractual parties connected to faulty fulfilment are determined by generally binding laws (especially the regulations established in § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and in Act no. 634/1992 Coll., about consumer protection, as subsequently amended).
6.2.5. the goods comply with legal requirements.
6.3. The regulations established in Article 7.2 of the T&C do not apply for goods sold for a lower price due to defects, for worn goods due to regular using, for worn goods where the damage corresponds to regular using or where the goods were already damaged when the Buyer received them, or where it is considered normal regarding the character of the goods.
6.4. If a defect occurs within six months from accepting the goods, the goods are considered as having been damaged already during the receipt. The Buyer has the right to claim the damage of consumer goods within twenty-four months from the delivery.
6.5. The Buyer claims the right of faulty fulfilment with the Seller at the address of the Seller’s shop, where it is possible to submit a complaint with respect to the assortment of the goods, or at the registered office of the Seller or their place of business.
6.6. Other rights and obligations of the contractual parties connected to responsibility of the Seller for damaged goods can be regulated by the Seller’s claim form.
7.1. The Buyer acquires the ownership of the goods by paying the whole amount of the purchase price.
7.2. The Seller has no obligations to the Buyer concerning any ethical codes within the meaning of § 1826, paragraph 1, letter e) of the Civil Code.
7.3. All complaints from the consumers are dealt with by the Seller via their e-mail address [info@hempsapa.com]. The Seller will send the information about the handling of the complaint to the e-mail address of the Buyer.
7.4. Out of court resolving of consumer complaints connected to purchase contracts are dealt with the Czech trade inspection, registered office at Štěpánská 567/15, 120 00 Prague 2, tax ID: 000 20 869, webpage: https://adr.coi.cz/cs. The online platform for resolving complaints is at http://ec.europa.eu/consumers/odr and consumers can use this platform to resolve conflicts between the Seller and the Buyer arising from the purchase contract.
7.5. The European consumer centre of the Czech Republic, registered office at Štěpánská 567/15, 120 00, Prague 2, webpage: http://www.evropskyspotrebitel.cz, is the point of contact according to the Regulation of the European Parliament and the European Council no. 524/2013 from 21 May 2013, on resolving consumer conflicts online and on change of the regulation (ES) no. 2006/2004 and Directive 2009/22/ES (regulation on resolving consumer conflicts online).
7.6. The Seller has the right to sell goods on the base of a trade licence. The appropriate trade office carries out inspections. The inspections of the protection of personal data are carried out by the Office for Personal Data Protection. The Czech trade inspection carries out, apart from other activities, the compliance with Act no. 634/1992, Coll., about consumer protection, as subsequently amended.
7.7. The Buyer hereby accepts the risk of change of circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.
8.1. The protection of personal data of the Buyer, who is an individual, is ensured by Act no. 101/2000 Coll., about personal data protection, as subsequently amended, and by regulation of the European Parliament and European Council 2016/679 from 27 April 2016 about the protection of individuals in connection with processing of personal data and free movement of this data and about the cancelling of Directive no. 95/46/ES (general regulation for the protection of personal data).
8.2. The Buyer hereby agrees with processing of the following personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number (referred to below as “personal data”). The Buyer hereby notes that the personal data will be processed in accordance with the appropriate legal regulations. During the order the Buyer will be informed about their rights connected to their personal data and they have the option to give consent with processing of the personal data for specific purposes in appropriate cases.
8.3. The Buyer hereby agrees with the processing of their personal data by the Seller, for the purposes of the realization of the rights and obligations connected to the purchase contract. The Buyer notes that processing of their personal data by the Seller is a necessary condition for delivering the order. If the Buyer selects this option while making the order, they agree with the processing of their personal data by the Seller also for sending information and commercial mail to the Buyer. The consent for processing personal data in the complete extent in accordance with this article is not a necessary condition for closing the purchase contract.
8.4. The Buyer hereby notes that they are obliged to give correct and truthful personal data (during registration, in their user account, while making the order in the web interface of the e-shop) and that they are obliged to inform the Seller of any changes of the personal data without unnecessary delay.
8.5. The Seller has the right to assign the processing of the personal data of the Buyer to a third party (the processor). Apart from the persons transporting the goods the personal data will not be disclosed with third parties, without prior consent from the Buyer.
8.6. The personal data will be processed during the time the Seller’s subject of business remains the same. The personal data will be processed electronically using an automated way or in print using a non-automated way.
8.7. The Buyer hereby confirms that the personal data provided to the Seller is correct and that they provided the personal data voluntarily.
8.8.4. contact the Office for Personal Data Protection.
8.9. If the Buyer asks the Seller for information about processing of their personal data, the Seller is obliged to provide this information to the Buyer. The Seller has the right for an adequate compensation for providing this information. Such compensation cannot exceed the expenses necessary for providing the information.
9.1. The Buyer can give consent to receive information connected to the goods, services or the business of the Seller to the e-mail address of the Buyer. The Buyer can also give consent to receive commercial communication from the Seller to the e-mail address of the Buyer.
9.2. The Buyer can give consent to storing cookies in their computer. In case the purchase from the webpage can be carried out and the obligations arising from the purchase contract can be fulfilled without storing the cookies in the computer of the Buyer, the Buyer has the right to revoke the consent specified in the previous sentence at any time.
10.1. The Buyer can receive information sent to the e-mail address of the Buyer.
11.1. If the relationship established by the purchase contract entails an international (foreign) aspect, the contractual parties hereby agree that such relationship shall be regulated by the Czech law.
11.2. The selection of law in accordance with Article 12.1 of the T&C does not deprive the consumer of the protection stated by the legal regulations from which it is not possible to deviate contractually and that would be used in case of not selecting the law in accordance with Article 6, paragraph 1 of the Regulation of the European Parliament and the European Council (ES) no. 593/2008 from 17 June 2008 on the law applicable to contractual relationships (Rome I).
11.3. If any of the regulations of the Terms and Conditions is invalid or ineffective, or it becomes invalid or ineffective, a new regulation shall take its place. Such regulation must correspond to the meaning of the original regulation as closely as possible. The invalidity or ineffectiveness of one regulation does not affect the validity of the other regulations.
11.4. The Seller archives the purchase contract including the Terms and Conditions in an electronic form and does not give access to it to the Buyer.
11.5. The contact details of the Seller: delivery address [Libušská 319/126142 00 Praha-Libuš-Písnice, Czech Republic], e-mail address [info@hempsapa.com], telephone number [+420 770 643 952].


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King v. Burwell: Where Did the “Legislative Grace” Canon Go?
But scholarly discussions of the premium assistance tax credit in King v. Burwell seem to ignore this allegedly fundamental legislative grace canon. Why is this so?
I suspect that the unusual nature of the case provides an explanation. Scholars who lean left on policy issues, and who are more likely to support the ACA, are also the ones who support a robust legislative grace canon in other contexts. But in this context, restricting the scope of the tax credit does not comport with their policy preferences (the expansion of the premium assistance tax credit). And scholars who lean right and who may be hostile to the ACA usually do not favor the legislative grace canon, so they might hesitate to invoke it. They would likely prefer the canon that preceded it — until around the 1930s, courts tended to strictly construe the revenue laws against the government.
One might use the disappearance of the legislative grace canon to accuse both sides of hypocrisy. But unlike some of the over-the-top editorials we’ve seen in the past week, I’m not inclined to presume bad faith regarding any judge or scholar who offers an intellectual defense of her position. I think a reasonable person can believe that the King v. Burwell issue should be decided at Step One of Chevron in favor of the challengers, and I also think a reasonable person can believe that the Court should proceed to Step Two and ultimately hold for the Obama administration.
However, I think the disappearance of the canon highlights one of the most troubling aspects of strong purposivist approaches to statutory interpretation. That is, under the purposivist approach, canons that are usually followed can be easily ignored or distinguished when they do not comport with the policy that the interpreter perceives in the statute. Thus, a usually favored canon, like the legislative grace canon, will be swept aside.
I suspect that the government’s defenders would respond that there is nothing inconsistent about their approach. Even though other tax credits should be construed narrowly, this one should not. The so called three-legged stool supports expansive interpretation of Section 36B, after all.
The problem is that in describing any tax credit or deduction, one can always invoke a three-legged stool or an equally vapid metaphor. The foreign tax credit at issue in PPL v. Commissioner , decided a couple years ago, could be described as “supporting free trade, preventing double taxation, and respecting source-country autonomy.” But various prominent tax academics submitted an amicus brief urging the Court to rule against the taxpayer, because the tax credits it sought reflected an “extraordinarily generous measure” and must be “strictly construed” in favor of the IRS. The Court ruled in favor of the taxpayer 9-0.
King v. Burwell highlights another potential arbitrary use, or really non-use, of a dice-loading canon. Judge-made canons that tip the scales in favor of the government or in favor of taxpayers are necessarily troublesome. I would prefer that the courts interpret the tax laws neutrally, not purposively in favor of the preferred litigant.
I would reject the use of three-legged stools to support the tax credit and I would reject the use of the legislative grace canon to defeat it. That the 4th Circuit ignored the canon in upholding the IRS’s interpretation, but the Oklahoma district court cited it in rejecting that interpretation, only highlights the manipulability of dice-loading canons.
If nothing good comes out of the King v. Burwell litigation, as half of the case’s followers will eventually conclude, then at least we should take the opportunity to examine and completely discard rules of interpretation that are boisterously invoked when they support one’s position and freely ignored when they do not. Whatever way the Court decides King, I hope it does so with close regard to statutory text and without regard to judicially-perceived underlying purposes. I don’t yet take a position on whose side the text best supports, not having reviewed all the relevant statutory provisions, but I look forward to the merits briefs.
This entry was tagged IRS, King v. Burwell, tax.

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A. and B., having arranged the terms on which the partnership between them should be dissolved, stipulated that their clerk should examine their books, ascertain the amount which each had put into the firm, and each had drawn out, and report the same as the basis of their agreed settlement, and that if any error was made, it should be corrected when discovered. The clerk made the examination and reported that the sum of $47,039.54 was due from B. to A. Thereupon, supposing the report to be correct, each made, executed, and delivered to the other all the papers necessary to perfect and complete the terms and conditions of the dissolution of the partnership. On the same day, the clerk discovered that he had made an error of $4,036.12 against A. B. having refused to correct it, A. filed his bill praying for an account, the correction, amendment, and cancellation of the papers so executed by them, and for a decree for the payment of the $4,036.12 due him. The bill was dismissed, on the ground that A.'s remedy was at law. Held that the decree was erroneous.
Except in an action of account, which is almost obsolete, it is a general rule that between partners, whether they are so in general or for a particular transaction only, no account can be taken at law. Worrall v. Grayson, 1 Mee. & W. 168; 1 Collyer, Partnership (6th ed.) 339.
complicated accounts, but also to compel the specific performance of agreements and to reform or rescind the same in case of fraud or mistake and to restrain breaches of duty for the future, it is to them rather than courts of law that partners usually have recourse for the settlement of controversies among themselves. 2 Lindley, Partnership (3d ed.) 933.
1. That the respondent should pay the complainant $5,000 and all the money the complainant had put into the partnership, less the amount he had drawn out, and that the respondent should pay or secure all debts and liabilities due and owing by the firm.
2. That the complainant should release, assign, and convey to the respondent all the interest of every description which he, the retiring partner, had in the partnership property when the partnership was dissolved.
Neither party knew what amount the complainant had put into the firm nor what amount he had drawn out, but they mutually agreed that their clerk should examine the partnership books, ascertain the amount, and report the same as the basis of their agreed settlement, and that if any error was made, that it should be corrected when discovered.
Pursuant to that arrangement, the clerk examined the books and reported to the parties that the sum shown to be due from the respondent to the complainant was $47,039.54. By the record it also appears that both parties supposed that the sum reported was correct, and that they made, executed, and delivered each to the other all the papers necessary to perfect and complete the terms and conditions of the dissolution of the co-partnership; that in the course of the same day, the clerk discovered that he had made an error of $4,036.12 against the complainant in making the computation.
Prompt notice of the error was given to the parties, and the complainant alleged in the original bill of complaint that the respondent then and there promised and agreed to reexamine the accounts, and that he would rectify the error or errors if any were found to have been made, which he subsequently refused to do. Service was made and the respondent appeared and demurred to the bill of complaint.
Leave of the court having been first obtained, the complainant amended the bill of complaint by striking out the words containing the promise to rectify the error or errors, and the respondent demurred to the amended bill of complaint. Responsive to the same demurrer, the complainant filed a motion to strike it from the files as irregular; but the court denied the motion, overruled the demurrer, and directed the respondent to file an answer to the amended bill of complaint.
These preliminary matters being settled, the respondent filed an answer denying the jurisdiction of the court and setting up several defenses. Hearing was had upon the bill of complaint and answer, and the court sent the cause to a special master to take the proofs and report the same to the court. Due report was accordingly made by the master, with his findings of fact, which substantially support all the material allegations of the amended bill of complaint. Exceptions to the report of the master were filed by the respondent, all of which were overruled by the court.
Before making that order, the parties were again heard, and the court confirmed the report of the master and entered a decree that all the papers, instruments, agreements, notes of hand, and mortgages made and executed by the parties in effecting the dissolution of their co-partnership be reformed and corrected in accordance with the findings of the master. From which decree the respondent appealed to the territorial supreme court, where, the parties having been again heard, the appellate court reversed the decree of the court of original jurisdiction and dismissed the bill of complaint, holding that the complainant had a plain, adequate, and complete remedy at law, and from that decree the complainant appealed to this Court.
one of equitable jurisdiction, that the complainant's remedy was at law and not in equity, and in dismissing the bill of complaint on that ground.
Courts of equity have jurisdiction of controversies arising out of transactions evidenced by written instruments which are lost, or if through mistake or accident the instrument has been incorrectly framed, or if the transaction is vitiated by illegality or fraud, or if the instrument was executed in ignorance or mistake of facts material to its operation, the error may be corrected or the erroneous transaction may be rescinded.
Equities of the kind, whether it be for the reexecution, reform, or rescission of the instrument, like the equity for specific performance of a contract, are incapable of enforcement at common law, and therefore necessarily fall within the peculiar province of the courts invested with equitable jurisdiction.
Power to reform written contracts for fraud or mistake is everywhere conceded to courts of equity, and it is equally clear that it is a power which cannot be exercised by common law courts. Hearne v. Marine Insurance Company, 20 Wall. 490.
Relief in such a case can only be granted in a court of equity, and Judge Story says if the mistake is made out of proofs entirely satisfactory, equity will reform the contract so as to make it conform to the precise intent of the parties; but if the proofs are doubtful and unsatisfactory and the mistake is not made entirely plain, equity will withhold relief upon the ground that the written paper ought to be treated as a full and correct expression of the intent until the contrary is established beyond reasonable controversy. 1 Story, Eq.Jur. (9th ed.), sec. 152; Gillespie v. Moon, 2 Johns. (N.Y.) Ch. 585; Rhode Island v. Massachusetts, 15 Pet. 271; Daniel v. Mitchell, 1 Story 172.
Authorities which support that proposition are quite too numerous for citation, and the rule is equally well established that parol proof is admissible to prove the alleged accident or mistake which is set up as the ground of relief. Hunt v. Rousmanier, 8 Wheat. 174; 1 Story, Eq.Jur. (9th ed.), sec. 156; 3 Greenl.Evid. (8th ed.), sec. 360; Adams, Eq. (6th ed.) 171.
standard writers upon the law of evidence. Courts of equity, says Taylor, will also admit parol evidence to contradict or vary a writing where, by some mistake in fact, it speaks a different language from what the parties intended, and where consequently it would be unconscionable or unjust to enforce it against either party according to its terms. 2 Taylor, Evid. (6th ed.) 1041.
Viewed in the light of these suggestions, it is evident that the ruling of the court below that the complainant had a plain, adequate, and complete remedy at law was erroneous and utterly subversive of the complainant's rights, as it is clear that the common law courts could not give him adequate relief. Hipp v. Babin, 19 How. 274; Insurance Company v. Bailey, 13 Wall. 621.
Reported cases of the highest authority decide that courts of equity possess the power to correct mistakes in written instruments, even to the extent of changing the most material stipulations they contain and which are the subjects of special agreement; but the settled rule of practice is that the power should always be exercised with great caution, and only in cases where the proof is entirely satisfactory. Finley v. Lynn, 6 Cranch 249; Oliver v. Insurance Company, 2 Curt. 295.
Where an instrument is drawn and executed which professes or is intended to carry a prior agreement into execution, whether in writing or by parol, which by mistake violates or fails to fulfill the manifest intention of the parties, equity, if the proof is clear, will correct the mistakes so as to produce a conformity of the written instrument to the antecedent agreement of the parties. Hunt v. Rousmanier, 8 Wheat. 211; S.C. 26 U. S. 1 Pet. 13.
Proof of the most unquestionable character is exhibited in the record that the understanding of the parties was that the respondent was to pay to the complainant the whole amount the latter paid into the firm, less the sums he had drawn out, and that the clerk designated by the parties to examine the books and compute the amount made the mistake alleged in the bill of complaint. Clear proof is also exhibited that corresponding mistakes were made in the writings executed between the parties to effect the agreed dissolution of the co-partnership.
Under such circumstances, equity, if the proof is clear, will reform the agreements and correct the mistakes, as appears by many standard authorities in addition to those to which reference has already been made. Henkle v. Insurance Company, 1 Ves. 314; Moteux v. Insurance Company, 1 Atk. 545; Collett v. Morrison, 12 Eng.L. & Eq. 171; Andrews v. Essex Co., 3 Mason 10.
Controversies of the kind often arise in respect to policies of insurance, and the rule is when once the contract is agreed to, the underwriters are bound to insert it in the policy, and if they omit to do it, the insured have a right to insist upon a perfect conformity to the original agreement. Canedy v. Morey, 13 Gray (Mass.) 377; Wake v. Harrow, 1 Hurlst. & Colt. 202.
Concede that and still it is suggested by the respondent that errors in matters of practice were committed by the court of original jurisdiction. Suppose that is so, still it cannot afford any justification for the appellate court in dismissing the bill of complaint, as the errors, if any, were amendable and might have been corrected if the appellate court had reversed the decree of the court of original jurisdiction and remanded the cause for further proceedings. Instead of that, the appellate court dismissed the bill of complaint without qualification, the effect of which, if not corrected, will be that the complainant will be barred of relief.
upon the ground that the complainant had a plain, adequate, and complete remedy at law, which is a manifest error, as fully shown by the authorities previously cited.

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SOCIAL AND PATRIOTIC ORIENTATION OF EDUCATIONAL PROCESS WITHIN THE FRAMEWORK OF THE HUMANITIES OF THE DESIGN DEPARTMENT OF NORTH CAUCASIAN FEDERAL UNIVERSITY BY THE EXAMPLE OF THE COLLECTIVE STUDENTS’ PROJECT "COMMONWEALTH OF NATIONAL CULTURES - COMMONWEALTH OF PEOPLES"
126-131 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
181-184 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
205-208 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
51-55 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
51-57 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
69-72 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
181-183 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
68-71 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
14-17 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
67-70 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
175-178 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
82-85 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
114-117 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
193-198 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
"HOMELAND", "NATIVE LAND" IN THE NOVEL BY S. LENZ "THE HERITAGE"
153-155 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
75-77 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
211-214 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
171-175 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
23-26 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
186-190 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
45-50 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
61-64 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
24-27 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
184-189 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
200-202 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
MUSEUM SPECIALIST OF THE XXI CENTURY: KEEPER? RESEARCHER? MUSEOLOGIST?
15-18 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
27-30 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
30-33 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
38-43 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
124-127 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
34-37 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
37-41 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
108-111 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
136-143 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
105-108 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
146-150 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
184-187 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
47-52 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
137-141 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
32-35 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
171-176 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
75-79 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
151-153 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
201-204 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
38-40 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
40-43 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
57-62 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
71-74 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
116-119 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
169-172 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
28-32 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
35-37 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
50-53 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
77-79 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
79-83 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
102-105 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
135-141 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
204-208 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
28-30 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
110-113 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
120-123 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
122-125 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
161-163 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
24-26 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
33-36 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
136-140 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
27-32 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
33-35 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
134-137 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
42-45 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
127-132 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
177-180 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
188-191 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
35-38 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
98-101 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
196-199 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
65-67 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
136-139 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
210-212 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
115-118 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
134-140 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
74-78 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
187-191 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
179-183 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
205-207 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
13-15 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
183-186 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
192-195 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
199-202 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
195-198 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
16-18 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
185-187 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
205-209 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
70-74 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
115-121 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
188-190 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
198-203 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
44-47 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
80-87 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
133-135 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
183-187 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
39-41 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
95-98 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
104-107 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
125-129 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
140-147 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
147-149 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
150-152 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
202-204 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
145-147 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
186-188 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
192-194 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
126-130 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
209-211 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
29-34 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
111-114 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
166-168 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
201-203 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
STRATIFICATION OF CULTURE SPACE IN SYSTEM "HUMAN - ENVIRONMENT"
62-67 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
141-143 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
190-194 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
197-200 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
57-59 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
102-104 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
195-197 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
32-37 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
58-61 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
106-109 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
182-184 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
192-198 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
119-123 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
137-142 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
151-154 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
81-84 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
118-121 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
143-145 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
156-158 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
123-125 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
103-105 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
125-128 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
144-146 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
168-170 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
115-119 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
128-131 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
72-75 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
107-109 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
149-151 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
186-189 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
97-103 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
158-160 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
25-29 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
41-43 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
141-144 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
45-49 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
131-133 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
167-171 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
47-50 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
56-59 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
89-93 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
161-164 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
164-166 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
17-21 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
81-87 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
46-50 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
73-80 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
208-210 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
210-213 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
20-24 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
98-100 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
185-189 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
63-65 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
142-145 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
146-149 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
159-163 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
CULTUROLOGICAL MEANING OF PHRASE "TEACHER IS A KEY FIGURE..."
54-58 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
90-98 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
112-115 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
144-149 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
157-159 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
187-189 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
205-211 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
20-26 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
60-64 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
117-120 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
148-150 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
107-110 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
204-209 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
23-27 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
113-116 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
126-129 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
174-176 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
40-44 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
189-191 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
21-24 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
27-31 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
CULTURE SYMBOLS VISUALIZATION IN SYSTEM "MAN – ENVIRONMENT"
65-68 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
88-91 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
157-160 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
86-88 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
89-92 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
45-47 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
85-88 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
104-108 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
193-196 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
206-209 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
VIRTUAL MUSEUMS: FUNCTION OF PRESERVING "MODERNITY"
89-91 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
91-93 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
98-102 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
111-115 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
170-176 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
176-182 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
90-95 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
183-185 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
176-178 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
116-118 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
133-137 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
212-214 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
190-193 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
128-130 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
25-31 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
109-111 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
164-168 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
194-197 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
THE MARI ETHNIC VALUES ??
121-125 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
189-192 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
49-52 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
65-69 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
69-71 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
72-76 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
102-106 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
132-134 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
52-57 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
181-185 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
38-41 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
121-126 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
154-156 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
16-20 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
139-141 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
38-45 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
92-94 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
104-109 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
121-127 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
48-51 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
82-86 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
119-125 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
165-167 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
122-127 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
128-132 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
53-57 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
152-154 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
163-165 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
63-68 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
97-100 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
108-113 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
202-207 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
18-20 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
120-125 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
166-169 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
216-219 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
26-28 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
59-63 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
99-102 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
209-212 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
30-38 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
82-87 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
169-175 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
175-180 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
203-207 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
219-222 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
223-225 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
27-29 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
230-233 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
10-12 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
103-108 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
10-13 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
78-81 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
62-66 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
149-153 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
SPECIALIST'S CULTUROLOGICAL TRAINING: DOES HE NEED REGIONAL STUDIES COMPETENCE?
93-96 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
96-100 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
129-133 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
168-171 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
179-182 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
190-192 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
193-200 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
79-82 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
219-223 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
88-93 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
25-27 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
50-52 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
23-25 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
60-63 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
64-66 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
93-95 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
130-133 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
141-148 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
51-54 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
86-89 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
121-124 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
151-156 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
24-28 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
44-48 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
158-161 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
19-22 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
73-75 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
103-110 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
56-61 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
84-88 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
59-61 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
80-83 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
209-214 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
66-69 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
113-118 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
137-139 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
31-36 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
94-97 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
177-181 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
185-191 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
20-22 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
31-34 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
162-165 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
216-218 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
47-49 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
123-129 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
147-150 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
22-24 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
61-63 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
123-126 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
214-217 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
203-208 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
80-82 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
74-77 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
48-50 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
45-48 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
30-32 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
29-31 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
76-79 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
181-186 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
218-221 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
52-56 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
200-203 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
204-206 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
142-146 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
198-200 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
165-168 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
172-176 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
77-82 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
96-98 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
182-185 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
225-229 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
10-16 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
51-56 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
68-72 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
199-204 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
36-41 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
52-54 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
59-64 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
64-68 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
20-25 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
74-76 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
81-86 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
118-122 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
NATIONAL LANGUAGES AND SCIENTIFIC-TECHNICAL PROGRESS: WHAT LANGUAGES WILL OUR DESCENDANTS SPEAK?
150-153 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
203-206 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
52-55 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
112-118 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
157-162 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
31-33 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
55-57 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
169-173 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
193-195 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
197-201 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
47-51 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
139-142 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
183-188 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
189-194 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
217-221 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
221-223 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
16-19 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
78-80 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
117-123 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
153-156 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
161-166 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
185-188 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
15-20 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
93-97 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
166-175 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
67-72 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
106-108 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
135-138 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
184-186 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
195-199 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
207-210 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
72-74 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
92-96 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
106-110 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
148-152 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
152-159 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
67-71 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
118-120 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
129-136 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
68-70 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
227-229 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
21-26 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
26-33 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
88-90 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
187-190 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
206-208 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
12-15 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
69-73 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
110-114 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
134-136 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
137-140 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
151-157 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
88-92 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
125-127 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
144-148 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
ADAPTATION OPPORTUNITIES OF THE RUSSAIN EMIGRATION OF "THE FIRST WAVE"
115-116 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
82-84 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
84-86 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
143-146 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
178-179 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
19-23 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
28-35 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
66-73 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
84-87 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
THE POLILATERAL TREATMENTS OF THE CONCEPT "THE CULTURAL ENVIRONMENT":D. MATSUMOTO'S PERSPECTIVE THEORY IN THE RESEARCH "PSYCHOLOGY AND CULTURE"
90-92 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
222-224 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.
Grigashkina S. I., Verchagina I. Y.
18-22 Historical, Philosophical, Political and Law Sciences, Culturology and Study of Art.


In practice the most common example of unfair competition is to benefit from the well-known status of somebody else by creating confusion, who acquired this status by his own efforts & expenses. In order to determine the presence of confusion it should be evaluated whether normal and medium level buyers would be deceived or not. On the other hand in order to recognize the existence of unfair completion, the likelihood of confusion is deemed adequate.
There is no provision that prevents the use of colours alone. The consequence would not differ, even if these colours are representing a sports club. Nevertheless, the conditions of unfair competition may still occur, if a product or a service also uses expressions such as “fan, football, sports club, champion” that would remind of or associated with and/or make an impression of that particular sports club, besides using the colours. Furthermore if it is understood that the composition consist of the colours & goods or services may cause confusion or a likelihood of confusion the fans of the sports club, then it should be admitted that there is unfair competition.
The disputed invention is not registered on behalf of the plaintiff in Turkey. However the judgement of the expert court stating that the inventions that are registered in US will not enjoy patent protection in Turkey on grounds of territoriality principle is not accurate.
According to the art.1 of Patent Decree Law, the aim of the regulation is to promote inventions and protect them by issuing patent and utility model documents in order to provide the circumstances to apply the inventions in industry and to achieve technical, economical and social development. This article encompasses the principles, rules and conditions of protection of patents and/or utility models. However there is no provision in the Patent Decree Law, nr.551 stating that any invention, which has not been registered in Turkey, would not enjoy protection in Turkey. Therefore the inventions, not registered in Turkey shall be subjected to unfair competition regulations.
It is compulsory to add an odour to all the auto gas products according to the related legislation. Since the defendant claims that the auto gas he was selling is appropriate to related legislation, then there must be an odour added to the product.
In the advertisement text of the product, there is no expression indicating that there is an odour, appropriate to the Turkish Standards Institute principles or there is no other odour than the ones stated in the TSI principles. On the contrary, it is understood through advertisements that defendant’s product is odourless. According to the art.57/3 of Turkish Commercial Code the act of “giving wrong or deceitful information regarding one’s own situation, goods and the products of one’s work, one’s commercial activity or commercial affairs of acting in the same manner regarding third persons and putting them in a situation above their competitors” is against bona fides principle. Consequently the expressions used by the defendant on the advertisements cause unfair competition.
The disputed modular storage systems have put on the market in abroad years ago and they are not registered as industrial design in Turkey on behalf of anyone. Thus, in theory it is legitimate to exploit an unregistered design and accordingly the legal disputes regarding products, of which these designs are being used, should be subjected to general provisions. Therefore, in the concrete case, the above mentioned principle and art.56 and art.57/5 of Turkish Commercial Code shall be assets & applied together.
In the case where a design, which is publicly available abroad and after a while has started to be utilized in Turkey, and if the first person to use this design in Turkey has made big investments financially or in any other way and third party possess the intention to use the same design just to benefit from this well-known character of the design, then it should be admitted that conditions of unfair competition are met.
The disputed photos are not considered to be a work in terms of copyright. Therefore it is not possible to apply art.68 of Turkish Copyright Code. The defendant’s magazine, namely Hafta Sonu, has published the photos of plaintiff Hülya Avşar, which were actually shot for her own magazine. There were no prior authorization or no licence fee was paid. If the photos were published legally than the licence fee that would be demanded by the plaintiff would be 6.900,00 Turkish Lira, since it is natural to apply an interest for the exploitation. Therefore it was decided that the amount of the damages that plaintiff may request is determined to be 6.900,00 Turkish Lira.
Taking into consideration that the defendant is a prudent merchant, it should be admitted that he has adequate knowledge of the products previously put on market, where he is an actor in the same sector. Nevertheless, the defendant has registered the product as it was his own design in 1997, whereas the design was being used in the sector widespread since 1991.
It is a main principle in law that everybody has to act in good faith in enjoying their rights and performing their obligations. Rule of law does not guard an explicit act of bad faith in exploitation of rights. Furthermore there is no doubt that that does not show expected prudence, shall not claim that he was acting in good faith.
Within this context, the industrial design registration that is lack of novelty and individual character which was registered by taking advantage of the formal examination registration system used in Turkey rendered invalid, since it was found by the court that the design was not new and did not have individual character and thus out of the scope of protection with respect to registration of industrial designs. Therefore all rights conferred from this registration are deemed as they have never been born at all according to the art.45/1 of Industrial Design Decree Law, nr.554. Consequently, the plaintiff’s damage occurred from these illegitimate and existent right claims must be compensated.