scholarly journals Transforming Legal Capacity in Brazil

2018 ◽  
pp. 264-293
Author(s):  
Rubens Glezer ◽  
Vitor M. Dias ◽  
Adriane Sanctis de Brito ◽  
Rafael A. F. Zanatta
Keyword(s):  
Legal Capacity

CONSTITUTIONAL AND TRANSLATIVE ACQUISITION OF RIGHTS IN THE CONTEXT OF THE DOCTRINE OF OWNERSHIP TRANSFER

2017 ◽  
Author(s):  
Myroslava Hudyma ◽  
Keyword(s):  
Property Rights ◽  
Property Right ◽  
Legal Capacity ◽  
Close Attention ◽  
Ownership Transfer ◽  
The Right ◽  
Qualitative Characteristics

Within the framework of the general doctrine of constitutive and translational acquisition of rights, the publication made an attempt to identify their suitability for describing the phenomenon of ownership transfer. The general characteristics of translational and constitutive acquisition of rights are analyzed, their differences are highlighted, and it is emphasized that the specified types can cover such legal situations as full transfer of the right (the right as a whole), and transfer of a part of powers (as components of the certain right). The paper underlines that the differences between the types of acquisition of rights are not so much quantitative (one jurisdiction or their complex is transferred), as qualitative characteristics and such issues are especially relevant in the spectrum of research on the transfer of ownership as a right that includes a triad of powers. Close attention is paid to the construction of constitutive acquisition of right, the possibility of use of which is extremely controversial, due to the overwhelming denial of the correctness of separation and alienation of a separate authority from ownership right, because the approval of the latter will lead to theoretical dissonance on the existence of incomplete (split ownership). It is emphasized that the application of the construction of the transfer of authority can take place in different shades of meaning and be combined with the right alienation, and without it. Therefore, the construction of right granting without alienation of the right is quite viable. Moreover, the transfer of one or even several powers of the owner is not only practically possible, but also necessary to establish limited property rights on the basis of full property right (ownership right). However, it is noted that in these cases, the acquirer will not receive the right of the alienator as a whole, but only certain legal possibilities of behavior in relation to a particular good. The legal capacity of the acquirer will not coincide with the legal capabilities of the alienator in content and scope, and therefore to talk about the transfer of ownership is incorrect, only a certain authority (powers) of the owner will be transferred, provided its (their) separation admissibility. The paper concludes that the specifics of property rights, which forms a triad of indivisible powers, determines the possibility of applying the construction «transfer of ownership» only to cases of translational acquisition of right, in which the acquirer receives a right identical to the right of the grantor both in content and volume.

Legal Capacity

2011 ◽  
Author(s):  
Munir Ahmad Mughal
Keyword(s):  
Legal Capacity

Children

2018 ◽  
Author(s):  
Donald R. Davis
Keyword(s):  
Religious Study ◽  
Legal Capacity ◽  
Religious Training

Classical Hindu law distinguishes the childhood, youth, and adulthood of male children in terms of ritual and legal eligibility and duty. Childhood is marked both by freedom from the constraints and obligations of ritual and law and by ritual ineligibility and legal incapacity. The consecratory rite of the sacred thread marks a son’s eligibility and obligation for religious study and ritual. Youth is the period of religious training that culminates in the completion of studies and in marriage. Legal majority is recognized for sons at age sixteen, while full ritual rights and duties commence only with marriage. In the classical texts, the onset of menstruation marks a daughter’s eligibility to marry, though her legal capacity remains restricted in principle. Daughters thus figure prominently in the intricate negotiations of marriage, kinship, and family reputation.

Italy

2018 ◽  
Author(s):  
Delia Ferri
Keyword(s):  
Significant Influence ◽  
Case Law ◽  
Reasonable Accommodation ◽  
Constitutional Court ◽  
Judicial Activism ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Indirect Discrimination ◽  
Legal Concepts ◽  
Domestic Law

Italy was among the first countries to sign the UN Convention on the Rights of Persons with Disabilities (CRPD) in 2007, and ratified it in 2009 by Law 18/2009. Since then, the Convention has displayed significant influence on case law, and provoked a degree of judicial activism. This chapter provides an overview of how Italian courts have used and interpreted the CRPD. It highlights how Italian lower and higher courts, including the Constitutional Court and the Court of Cassation, have attempted to overcome the gap between domestic law and the CRPD, by ‘rethinking’ legal concepts in light of the Convention. This is evident with regards to the field of legal capacity and the domestic provisions of the civil code on the ‘administration of support’, but also to non-discrimination legislation, the scope of which has been evidently enlarged to encompass the failure to provide reasonable accommodation as a form of indirect discrimination.

scholarly journals “Going Out” and Going In-House: Chinese Multinationals’ Internal Legal Capacity in the United States

2021 ◽  
pp. 1-31
Author(s):  
Ji Li
Keyword(s):  
United States ◽  
Emerging Market ◽  
Legal Profession ◽  
The United States ◽  
State Ownership ◽  
Legal Service ◽  
Legal Capacity ◽  
Service Market ◽  
Business Executives ◽  
Policy Debates

The “in-house counsel movement” of the past few decades, with its far-reaching implications for the legal profession, the legal service market, and corporate governance, has attracted a great deal of academic attention. Few scholars, however, have examined the global expansion of emerging market companies and their in-house legal capacity. To narrow the gap, this article investigates the in-house legal capacity of Chinese firms in the United States. In doing so, it focuses on two important yet underexplored questions: (1) whether and how institutions in China influence the capacity building; and (2) whether the Chinese investors’ ownership structure makes a difference in that regard. By analyzing a unique set of survey data and 122 interviews with lawyers, in-house counsel, and business executives, this article uncovers evidence of both multi-institutional influence and state-ownership effects. The findings contribute to theoretical and policy debates about the legal profession, the legal service market, and the ramifications of expanding Chinese multinational companies.

International Regional Organizations and their Travel Documents

1968 ◽  
Vol 6 ◽  
pp. 164-187
Author(s):  
Daniel G. Turack
Keyword(s):  
International Law ◽  
International Organizations ◽  
Functional Independence ◽  
Legal Capacity ◽  
Regional Organizations ◽  
Considerable Saving ◽  
Freedom Of Movement ◽  
Effective Operation ◽  
Vital Component ◽  
Time And Energy

Functional independence of international institutions is a sine qua non to their effective operation. Current international law reveals that international organizations have a legal capacity and certain privileges and immunities bestowed upon them by their member states to ensure their independence and that of their staffs. One vital component of functional independence is the freedom of travel for all members of the international staff. In examining the features of freedom of travel necessary for international organizations to discharge their responsibilities effectively, C. W. Jenks wrote:The freedom of movement which is necessary comprises more than the absence of any special restrictions; it includes the usual facilities for official travel, such as diplomatic or other special visas, priorities where these are necessary, exemption from immigration regulations and formalities, and similar measures; taken cumulatively these facilities involve a considerable saving of time and energy and are therefore an important element in securing the expeditious and unhindered travel necessary to the prompt discharge of international responsibilities.

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