Dead Bodies in Nigerian Jurisprudence

2007 ◽  
Vol 51 (1) ◽  
pp. 117-150 ◽  
Author(s):  
Remigius N Nwabueze
Keyword(s):  
Legal Systems ◽  
Priority Rules ◽  
Judicial Decisions ◽  
Industrialized Nations ◽  
Dead Bodies ◽  
The Law ◽  
The Right

AbstractRecent events and a few judicial decisions in Nigeria show the need for a serious analytical engagement with the law relating to dead bodies. Topical issues from these cases focus on jurisdiction, the right to control the disposition of remains, and remedies available for the infringement of a burial right. While the meaning and content of sepulchral rights remain the same in Nigeria as in many industrialized nations, its prioritization is markedly different. In contrast to the highly individualized nature of burial rights in many Western legal systems, the control of sepulchral right in Nigeria is familial in character. In some circumstances, however, recourse may be had to statutory provisions that import English priority rules. While a range of remedies is available for an interference with a burial right, injunctions and declarations are the most sought after by Nigerian litigants. An expedited hearing is preferable to an interlocutory order of injunction.

Legal Systems

2019 ◽  
pp. 127-155
Author(s):  
Kevin Vallier
Keyword(s):  
Social Trust ◽  
Moral Authority ◽  
Legal Systems ◽  
Moral Sentiments ◽  
Legal Coercion ◽  
Moral Rules ◽  
The Law ◽  
The Right

Previous chapters argue that maintaining a system of social trust in the right way requires that our shared moral rules be publicly justified. This chapter argues that coercive laws are required in order to strengthen a system of social trust by properly incentivizing trustworthy behavior in cases where moral sentiments and moral ostracism alone cannot provide strong enough reason to be trustworthy. Legal coercion can often stabilize moral rules that might otherwise collapse and create new moral rules that would not have otherwise existed. So law can be an efficient means of maintaining a system of trust by providing persons with additional incentives to engage in trustworthy behavior. This is how law is publicly justified, and so how the law acquires its moral authority.

scholarly journals Revocation of will and judicial proceedings for declaring a will ineffective under the Law on Inheritance of Serbia with reference to other contemporary European legal systems

2021 ◽  
Vol 55 (1) ◽  
pp. 143-160
Author(s):  
Jelena Vidić-Trninić
Keyword(s):  
Legal Regulation ◽  
Court Decision ◽  
Legal Systems ◽  
Inheritance Law ◽  
Judicial Proceedings ◽  
The Will ◽  
The Law ◽  
The Right ◽  
Domestic Regulation ◽  
Made In

In Serbian law, a valid will can be revoked based on the will of the testator, more precisely through the revocation of the will or based on a court decision. This paper analyzes the solutions of the Law on Inheritance of Serbia, dedicated to the mentioned ways of revoking a last will, and at the same time examines the legal regulation of that issue in other legal systems in Europe. The author finds that in the realization of the right to revoke a will, the legislation of Serbia undoubtedly affirms the freedom of will, and that in that respect, it is in principle harmonized with the legal solutions observed on European legal soil. In the aspect of the purpose for which it is prescribed, a special advantage of domestic regulation is the possibility of declaring a will ineffective through a court decision. The author further considers that certain solutions that can be found in comparative law, such as the possibility to invalidate testamentary dispositions made in favour of former spouse, could be accepted in Serbian inheritance law as well. Finally, according to the author, some existing legal solutions dedicated to the revocation of wills, need to be specified and completed de lege ferenda, in order to achieve legal certainty.

scholarly journals Analytical Exposition of 'Right to Life' with Reference to Judicial Decisions in Pakistan and India

2021 ◽  
Vol VI (I) ◽  
pp. 41-45
Author(s):  
Sunbal Islam Chaudhary ◽  
Bakhtawar Manzoor ◽  
Gul Sher Butt
Keyword(s):  
Meaning Of Life ◽  
Right To Life ◽  
Judicial Decisions ◽  
The Law ◽  
The One ◽  
The Right

The right to life is an integral right which basically is a necessary requisite to enjoy other rights. This paper begins with an overview of the basic and essential right in which the meaning of life is analyzed and then focuses on how the right to life gains importance in every legislative document and world's perspective to enhance its scope and also its application. On the one hand, this paper analyses the inviolable nature of this fundamental right, but on the flip side, it focuses on the non-absoluteness of this right. Moreover, this article discusses landmark cases decided by the Indian and Pakistani judiciary, which encompass such utilities and facilities that naturally a free-born person in a sovereign country is entitled to enjoy, but all such amenities are subjected to the law of their lands.

scholarly journals Vietnam’s New Law on the Right of Parties to Choose Applicable Law in Civil Relations Involving Foreign Elements

2016 ◽  
Vol 9 (4) ◽  
pp. 93
Author(s):  
Tran Thi Thu Phuong
Keyword(s):  
International Law ◽  
Private International Law ◽  
Legal Systems ◽  
Applicable Law ◽  
Application Of Law ◽  
The World ◽  
The Law ◽  
The Right

In private international law, the right of the parties to choose law applicable has been acknowledged in most legal systems. However, the scope of this right of agreement varies according to the statutory regulations of each country. This paper clarifies the scope of right to agreement on applicable law of the parties, as well as the mechanism for controlling the application of law as agreed upon by the parties in private international law of Vietnam. This article also makes comparison with the law of some countries in the world in order to point out the differences between them and to make comments, assessments of the current statutory regulations of Vietnam on such issues.

Assignment

2017 ◽  
Author(s):  
Hein Kötz
Keyword(s):  
Economic Importance ◽  
Point Of View ◽  
Historical Overview ◽  
Legal Systems ◽  
The Law ◽  
The Right

This chapter examines the law governing the transfer of contract rights that allows the new creditor to take the place of the old and enforce the right against the debtor in the same way. Legal systems differ as to when and how the debtor is to be apprised of the transfer of contract rights. One issue is whether informing the debtor not only makes sense from the assignee’s point of view, but is actually required. The chapter first provides a historical overview of assignment and considers its economic importance before discussing the requirements of an effective assignment, focusing on substantive validity, non-assignable rights, and how courts deal with disputes over priorities of claims. It also tackles the question of what obligations may arise between assignor and assignee when the agreement effects a change of creditor. Finally, it reviews the rules to prevent the debtor being prejudiced by a change of creditor.

9 National Report for France

2016 ◽  
Author(s):  
Cuniberti Gilles ◽  
Rueda Isabelle
Keyword(s):  
Legal Systems ◽  
Insolvency Law ◽  
National Report ◽  
Participation Rights ◽  
The Law ◽  
The Right ◽  
Insolvency Proceedings

This chapter discusses the law on creditor claims in France. French insolvency law has traditionally been unfriendly to creditors benefitting from contractual security interests. Unlike most other legal systems, insolvency claims secured by contractual security interests over certain assets of the debtor do not enjoy the right to be satisfied from the secured assets in priority to all other claims. The treatment of creditor claims is also similar among various insolvency proceedings. In reorganization proceedings (sauvegarde or redressement judiciaire), post-commencement claims are more common and substantial, whereas in liquidation proceedings (liquidation judiciaire), such claims are often non-existent. The remainder of the chapter deals with insolvency claims, administration claims, and non-enforceable claims in turn. Each section covers: the definition and scope of the claim; rules for submission, verification, and satisfaction or admission of claims; ranking of claims; and voting and other participation rights in insolvency proceedings.

scholarly journals Rozgraniczenie statutu rzeczowego i kontraktowego przy poszukiwaniu prawa właściwego do oceny zastrzeżenia prawa własności

2020 ◽  
pp. 233-251
Author(s):  
Agata Kozioł
Keyword(s):  
Legal System ◽  
The Other ◽  
Traditional Model ◽  
Legal Systems ◽  
Tangible Assets ◽  
The Law ◽  
The Right ◽  
Right Of Property ◽  
To Receive ◽  
Actual Location

Retention of title as a security on tangible assets is well known in many legal systems. It enables to strengthen the position of the seller in such a contract of sale in which the payment of the price is agreed to be done later than the handing over the good. This instrument disturbs the traditional model of sale in two ways. Firstly, the conclusion of the contract is not directly followed — which takes usually place — by the performance of the obligation to transfer the property. Secondly, the right of property receives in that way a new role to play — it becomes a security right, guarantying the pecuniary claim of the seller and ceases the function of the principal right. In order to find the law applicable to the retention of title, its different aspects — contractual and real — should be qualified according to their nature. These aspects should be treated separately and be assessed according to the proper legal system. For example, the law applicable to contractual assets of retention of title defines if such belated transfer of ownership affects any general rights and obligations of parties, such as the right to receive benefits from the asset or to bear costs of its maintenance. On the other hand, the law of actual location of the asset as a law applicable to real aspects of the retention of title defines the nature of the element disturbing the transfer of ownership and the scope of rights of the seller towards charged good as its owner.

scholarly journals اعمال السيادة في ظل التطور التشريعي والقضائي في النظم المقارنة

2020 ◽  
Vol 29 (2) ◽  
pp. 141-189
Author(s):  
وسام صبار العاني
Keyword(s):  
Judicial Review ◽  
The State ◽  
Legal Systems ◽  
Second Amendment ◽  
Executive Authority ◽  
The Law ◽  
The Right ◽  
Council Of State ◽  
First Time ◽  
Judicial Systems

Acts of sovereignty means a group of acts performed by the executive authority, and shall not be subjected to the Judicial review by cancelation or compensation.     Therefore, the acts of sovereignty - in such situation - considered to be out of legitimacy, and have been subjected to a great criticism by the French jurisprudence and then the Egyptian jurisprudence on the bias that the executive authority may employ the idea of acts of sovereignty in its favor, by performing whatever acts in the form of sovereignty, that shall be sufficient to make such acts out of legitimacy and law rules, in such case the judiciary shall not have the right of cassation, or contestations against such acts nor the seeks of compensation because of the damages resulted by such acts. Hence the seriousness of this theory appears which was created by the French judiciary.      The idea of acts of sovereignty has played an important role in the conflict of the state authorities, and highlighted the importance of the legitimacy principle, and the legality of the state through theJurisprudential disagreements and discussions.      Although that such theory was created in the French administrative judiciary, it could be found in other judicial systems of other countries such as Egypt and Iraq. And although the weakness of such theory, it could be alive until now, furthermore, it could have a power in many common legal systems. Because of the absence of the administrative judiciary in Iraq, the researchers could not practice such theory with its activities. As the second amendment law was issued of the law of council of state No.(106) in 1989, announcing the administrative judiciary by establishing a court (for the first time) in which the cassation in the trueness of the orders and decisions issued by the employees and administrative bodies shall be performed.

A Comparative Overview of the Fair Wear and Tear Exception: the Duty of Holders of Temporary Interests to Preserve Property

2002 ◽  
Vol 6 (1) ◽  
pp. 85-100
Author(s):  
Raffaele Caterina
Keyword(s):  
Common Core ◽  
Complete Solution ◽  
Roman Law ◽  
Private Ownership ◽  
Legal Systems ◽  
Personal Rights ◽  
Wear And Tear ◽  
Long Life ◽  
The Law ◽  
The Relationship

“A system of private ownership must provide for something more sophisticated than absolute ownership of the property by one person. A property owner needs to be able to do more than own it during his lifetime and pass it on to someone else on his death.”1 Those who own things with a long life quite naturally feel the urge to deal in segments of time. Most of the owner's ambitions in respect of time can be met by the law of contract. But contract does not offer a complete solution, since contracts create only personal rights. Certain of the owner's legitimate wishes can be achieved only if the law allows them to be given effect in rem—that is, as proprietary rights. Legal systems have responded differently to the need for proprietary rights limited in time. Roman law created usufruct and other iura in re aliena; English law created different legal estates. Every system has faced similar problems. One issue has been the extent to which the holder of a limited interest should be restricted in his or her use and enjoyment in order to protect the holders of other interests in the same thing. A common core of principles regulates the relationship between those who hold temporary interests and the reversioners. For instance, every system forbids holder of the possessory interest to damage the thing arbitrarily. But other rules are more controversial. This study focuses upon the rules which do not forbid, but compel, certain courses of action.

CIVIL AND LEGAL LIABILITY OF JUDGES

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Human Rights ◽  
Pension System ◽  
Legal Liability ◽  
Judicial System ◽  
Constitutional Court ◽  
Model Code ◽  
European Court ◽  
The Status ◽  
The Law ◽  
The Right

The article presents the conceptual foundations of bringing judges to civil and legal liability. It was found that the civil and legal liability of judges is one of the types of legal liability of judges. It is determined that the legislation of Ukraine provides for a clearly delineated list of the main cases (grounds) for which the state is liable for damages for damage caused to a legal entity and an individual by illegal actions of a judge as a result of the administration of justice. It has been proved that bringing judges to civil and legal liability, in particular on the basis of the right of recourse, provides for the payment of just compensation in accordance with the decision of the European Court of Human Rights. It was established that the bringing of judges to civil and legal liability in Ukraine is regulated by such legislative documents as the Constitution of Ukraine, the Civil Code of Ukraine, the Explanatory Note to the European Charter on the Status of Judges (Model Code), the Law of Ukraine «On the Judicial System and the Status of Judges», the Law of Ukraine «On the procedure for compensation for harm caused to a citizen by illegal actions of bodies carrying out operational-search activities, pre-trial investigation bodies, prosecutors and courts», Decision of the Constitutional Court of Ukraine in the case on the constitutional submission of the Supreme Court of Ukraine regarding the compliance of the Constitution of Ukraine (constitutionality) of certain provisions of Article 2, paragraph two of clause II «Final and transitional provisions» of the Law of Ukraine «On measures to legislatively ensure the reform of the pension system», Article 138 of the Law of Ukraine «On the judicial system and the status of judges» (the case on changes in the conditions for the payment of pensions and monthly living known salaries of judges lagging behind in these), the Law of Ukraine «On the implementation of decisions and the application of the practice of the European Court of Human Rights».

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