Astreinte in Belgian Law

1985 ◽  
Vol 13 (1-2) ◽  
pp. 17-27
Author(s):  
George E. Glos

Astreinte proceedings, a well known feature of the French law of civil procedure, has been recently introduced into the Belgian legal system. The introduction was brought about by statutory means, the Law of January 31, 1980, that actually introduced into Belgian law the provisions of a Benelux convention on astreinte to apply uniformly in Belgium, Holland and Luxembourg. The provisions are based on those of the Dutch law rather than French law so that what is taken over from the French law relates mainly to the fundamental concept of astreinte and its name.

2019 ◽  
Author(s):  
Sorush Niknamian

“Incompetency” literally means prohibition and it is commonly used to point to an individual being deprived of his rights to take possession of his properties and his financial rights by the law. And, in other words, the incompetents are the individuals that do not possess “the legal capacity to enjoy a certain right” and are deprived from taking possession of their properties and if such a taking possession of the properties by an incompetent occurs, it is invalid and cannot take effect. In the legal system of Islam, the individual with a sort of a disease that features certain types of conditions leading to the weakness of the mind or insanity is called an incompetent. But the example cases of the incompetent and incompetency have not been delimited in the jurisprudence and law. Thus, the investigation of the instruments of incompetency from the perspective of the jurisprudential texts and the statutory provisions via offering an assumption indicating the non-delimitation of the incompetency instruments scope has resulted in conflicts in the non-litigious affairs law with the civil procedure, the necessity to rethink the causes of insanity as one instrument of incompetency in the civil law, the centrality of the incompetency for its setting the ground for the exertion of the law and the non-litigious affairs regulations as well as the incompetency of some patients with nervous diseases like hysterical conversion and dissociative hysteria and so forth. Therefore, conceptualizing the incompetency, the present study aims at assessing, then criticizing and investigating, the proofs offered by the proponents and the opponents of the incompetency of the patients with hysteria so as to consequently conclude an assumption regarding the hysteric patients’ incompetency and the relevant contradictions, if any, with the non-litigious matters law and civil procedure.


2016 ◽  
Vol 4 (6) ◽  
pp. 0-0
Author(s):  
Мария Захарова ◽  
Mariya Zakharova

In the article, the author carries out a historical analysis of the French law influence on the development of the Russian legal system. In this article, the author refers to the assessment of such influence at the level of the “spirit” and the “letter” of the law. In particular, “the spirit” of the French law penetrated into the Russian terrain due to close relationship maintained between France and Russia for a long period. One can observe direct dispersive influence of the French law on the evolution of the domestic system of justice at the level of the “letter” of the law in the process of drafting and implementation of the private and public law reforms. Summing up the results of the conducted research, the author, in general, positively evaluates the results of the open model of development of the Russian legal system, involving the use of foreign (particularly French) experience in the reconstruction of the national legal order, and concludes that in the context of the reforms, the Russian legislator should not maintain aloofness to global legal trends, but be part of the whole, without ceasing to be individual.


Author(s):  
Lavinia Onica Chipea

AbstractThe paper proposes, based on the analysis of the Code of Civil Procedure and of laborlegislation, particularly those of the Labor Code and the Law on social dialogue, to nominate,to develop analytically and synthetically the institution of the quality of party in a individuallabour conflict.Along with the cited legal provisions, the examples of judicial practice in BihorCounty point out the specific of labor jurisdiction in the Romanian legal system, jurisdictiongoverned by the Code of Civil Procedure, as common law, which is adapted to the speciallegislation of the spirit of this institution.


2021 ◽  
Vol 21 (2) ◽  
pp. 114-125
Author(s):  
Mickael Ferreira Alves

ResumoCom a publicação no ano de 2015 do Novo Código de Processo Civil serão analisados ao longo deste trabalho acadêmico seus reflexos no instituto da exceção de pré-executividade em matéria tributária. Sabe-se que ela é um importante incidente processual de defesa que o ordenamento jurídico do Brasil permite que seja manuseada quando determinada pessoa está sendo executada em face de uma cobrança equivocada quando existe uma Certidão de Dívida Ativa. Também serão analisadas algumas questões pontuais da execução fiscal que sofreram impactos devido a nova legislação processual civil, uma vez que esta é fonte complementar ou até mesmo pode ser invocada como norma principal para os procedimentos administrativos tributários. E por último serão debatidos aspectos relacionados a diferenciação entre a exceção de pré-executividade e os embargos, em que em ambas as situações estão sendo discutidos créditos tributários, em virtude das inúmeras ações tributárias movidas diariamente, inclusive em sede de execuções fiscais conforme disposições na Lei nº 6.830/1980. Palavras-chave: Novo Código de Processo Civil. Exceção de Pré-Executividade. Execução Fiscal. Embargos. AbstractWith the publication in 2015 of the New Code of Civil Procedure, its reflexes in the institute of the exception of pre-execution in tax matters will be analyzed throughout this academic work. It is known that it is an important procedural defense incident that the Brazilian legal system allows it to be handled when a certain person is being executed in the face of a mistaken collection when there is an Active Debt Certificate. Some specific issues of tax enforcement that have been impacted by the new civil procedural legislation will also be analyzed, since this is a complementary source or may even be invoked as the main rule for administrative tax procedures. Finally, aspects related to the differentiation between the pre-execution exception and the embargoes will be discussed, in which in both situations tax credits are being discussed, due to the numerous tax lawsuits filed daily, including in the case of tax foreclosures as provided in the Law No. 6,830 / 1980. Keywords: New Code of Civil Procedure. Pre-execution exception. Tax Enforcement. Embargoes.


2016 ◽  
Vol 11 (2) ◽  
pp. 353
Author(s):  
Anna Stawarska-Rippel

THREE TRANSFORMATIONS OF CIVIL PROCEEDINGS IN POLAND IN THE 20TH CENTURY. THE LEGAL PATTERNS Summary Poland’s history over the last century was an eventful period of political, state and legal change. There were three transformations of judicial law due to changing political circumstances in twentieth century Poland. The first transformation occurred when independence was gained in 1918. At that point in Poland five different legal system were in force. The decision to temporarily keep the law of the occupying powers until the new Polish legal system was created was taken by the Polish authorities. The work on Polish civil procedure began in November 1919. Using the comparative method all modern legal answers within European civil procedures, which equated with Polish Law, were drafted in the Polish Code of Civil Procedure. The second transformation in Polish judicial law began after  World War II, when Poland found itself under the political influenceof the USSR. Formal maintenance of the law of the Second Republic of Poland was decided on in People’s Poland. The legal system of the interwar Poland, including the Code of Civil Procedure (1930), did not square with the principles of the new state system. Code of Civil Procedure (1930) had been „adapted“ to contemporary governance, plitical and ideological so that it would mirror as much as possible the Soviet model. The new Code of Civil Procedure that was adopted during November 1964 retained its binding force so far. However when the third transformation came about soon after 1989, the existing system of law was revised to eliminate the rules and principles characteristic of the socialist legal system. Amendments of the Code of Civil Procedure (1964) have increased the adversarial aspect of civil proceedings. The possibility of the court to order the investigations  during the civil procedure was eliminated, but the possibility of the court to obtain evidence ex officio was kept which is intended to guarantee the implementation of the principles of truth, in legal sense and not in the ideological sense.


2018 ◽  
Vol 1 (38) ◽  
Author(s):  
Carlos Silveira Noronha ◽  
Charlene Côrtes Santos

Reflexões sobre a conformação do instituto da curatela frente ao novo Código de Processo Civil e ao Estatuto da Pessoa com Deficiência  Reflections about the conformation of the curatorship in front of the new Civil Procedure Code and the Statute for the Person with Disability Carlos Silveira Noronha* Charlene Côrtes Santos** REFERÊNCIA NORONHA, Carlos Silveira; SANTOS, Charlene Côrtes. Reflexões sobre a conformação do instituto da curatela frente ao novo Código de Processo Civil e ao Estatuto da Pessoa com Deficiência. Revista da Faculdade de Direito da UFRGS, Porto Alegre, n. 38, p. 35-61, ago. 2018. RESUMOABSTRACTO presente artigo propõe uma análise do instituto da curatela, perscrutando a sua transformação a partir da evolução no tempo desde a Lei das XII Tábuas até as recentes alterações operadas através do Estatuto da Pessoa com Deficiência e do Novo CPC. Isto é, de um instituto com compleição eminentemente patrimonialista, converteu-se em importante ferramenta de garantia da dignidade do interditando, em uma verdadeira “virada kantiana” (kantische Wende). A partir deste exame histórico-social, buscar-se-á identificar a atual conformação do instituto, mapeando as principais alterações trazidas no ordenamento processual atinentes ao tema em apreciação. Neste particular, serão apontadas algumas inconsistências pontuais existentes em nosso sistema jurídico decorrentes do conflito existente entre as legislações alteradas. This article proposes an analysis of the curatorship, scrutinazing your transformation from the evolution in time since the Law of XII Tables to the recents changes operated through the Statute for the Person with Disability and the new Civil Procedure Code.       That is, from an institute with eminently patrimonialist constitucion, it became an important tool to guarantee the dignity of the interdicting, in a true “Kantian turn” (Kantische Wende). From this historical-social examination, we will identify the current conformation of the institute, mapping the main changes brought in the procedural order regardin the subject under consideration. In this particular, we will point out some specific inconsistencies existing in our legal system arising out the conflict between the amendeds legislations.PALAVRAS-CHAVEKEYWORDSCuratela. Estatuto da Pessoa com Deficiência. Novo Código de Processo Civil.Curatorship. Statute for the person with disability. New Civil Procedure Code.* Professor Titular de Direito Civil do Programa de Pós-Graduação em Direito da Universidade Federal do Rio Grande do Sul (UFRGS). Professor do Curso de Graduação em Direito das Faculdades Integradas São Judas Tadeu de Porto Alegre, Rio Grande do Sul. Doutor e Mestre em Direito pela Universidade de São Paulo (USP). Diretor da Revista da Faculdade de Direito da UFRGS. Diretor do Departamento de Direito Civil do Instituto dos Advogados do Rio Grande do Sul (IARGS).** Mestranda do Programa de Pós-Graduação em Direito da Universidade Federal do Rio Grande do Sul (UFRGS). Pós-graduada em Direito Público pela Pontifícia Universidade Católica do Rio Grande do Sul (PUC-RS) e pela Escola Superior Verbo Jurídico. Pesquisadora participante do grupo de pesquisa Direito das Famílias, Sucessões e Mediação (UFRGS). Advogada.


1996 ◽  
Vol 86 ◽  
pp. 61-73
Author(s):  
Alan Rodger

The Lex Irnitana is arguably the most important addition to the material for the study of Roman Law since the discovery of the text of Gaius' Institutes by Niebuhr in 1816. In terms of information about the working of the Roman legal system its importance far outstrips, for example, that of the new fragments of Gaius found in the 1920s and 1930s. In particular it gives us much fresh information on a topic about which we are really very badly informed, viz. the law of civil procedure during the classical period of Roman Law, say, during the first two centuries A.D. While one can debate whether the procedures at Irni were in all respects the same as at Rome, no-one who has studied the inscription can be in any doubt that in its essentials the Lex envisages that the institutions of Irni will use a system which is Roman in nature. So what we have is evidence which can be used to help reconstruct the procedure under the formulary system in the first century A.D.


2019 ◽  
Author(s):  
Sorush Niknamian

“Incompetency” literally means prohibition and it is commonly used to point to an individual being deprived of his rights to take possession of his properties and his financial rights by the law. And, in other words, the incompetents are the individuals that do not possess “the legal capacity to enjoy a certain right” and are deprived from taking possession of their properties and if such a taking possession of the properties by an incompetent occurs, it is invalid and cannot take effect.In the legal system of Islam, the individual with a sort of a disease that features certain types of conditions leading to the weakness of the mind or insanity is called an incompetent. But the example cases of the incompetent and incompetency have not been delimited in the jurisprudence and law. Thus, the investigation of the instruments of incompetency from the perspective of the jurisprudential texts and the statutory provisions via offering an assumption indicating the non-delimitation of the incompetency instruments scope has resulted in conflicts in the non-litigious affairs law with the civil procedure, the necessity to rethink the causes of insanity as one instrument of incompetency in the civil law, the centrality of the incompetency for its setting the ground for the exertion of the law and the non-litigious affairs regulations as well as the incompetency of some patients with nervous diseases like hysterical conversion and dissociative hysteria and so forth. Therefore, conceptualizing the incompetency, the present study aims at assessing, then criticizing and investigating, the proofs offered by the proponents and the opponents of the incompetency of the patients with hysteria so as to consequently conclude an assumption regarding the hysteric patients’ incompetency and the relevant contradictions, if any, with the non-litigious matters law and civil procedure.


2019 ◽  
Author(s):  
Sorush Niknamian

“Incompetency” literally means prohibition and it is commonly used to point to an individual being deprived of his rights to take possession of his properties and his financial rights by the law. And, in other words, the incompetents are the individuals that do not possess “the legal capacity to enjoy a certain right” and are deprived from taking possession of their properties and if such a taking possession of the properties by an incompetent occurs, it is invalid and cannot take effect.In the legal system of Islam, the individual with a sort of a disease that features certain types of conditions leading to the weakness of the mind or insanity is called an incompetent. But the example cases of the incompetent and incompetency have not been delimited in the jurisprudence and law. Thus, the investigation of the instruments of incompetency from the perspective of the jurisprudential texts and the statutory provisions via offering an assumption indicating the non-delimitation of the incompetency instruments scope has resulted in conflicts in the non-litigious affairs law with the civil procedure, the necessity to rethink the causes of insanity as one instrument of incompetency in the civil law, the centrality of the incompetency for its setting the ground for the exertion of the law and the non-litigious affairs regulations as well as the incompetency of some patients with nervous diseases like hysterical conversion and dissociative hysteria and so forth. Therefore, conceptualizing the incompetency, the present study aims at assessing, then criticizing and investigating, the proofs offered by the proponents and the opponents of the incompetency of the patients with hysteria so as to consequently conclude an assumption regarding the hysteric patients’ incompetency and the relevant contradictions, if any, with the non-litigious matters law and civil procedure.


2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.


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