Belgium

2015 ◽  
Author(s):  
Claire van Overdijk ◽  
Walter Pintens
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Federal State ◽  
Law System ◽  
The Law ◽  
Civil Law System ◽  
Vulnerable Adults ◽  
Justice Of The Peace ◽  
Adult Protection

Belgium is a federal state and has a civil law system. The law concerning vulnerable adults is a federal matter governed by the Belgian Civil Code (‘CC’). The competent court for adult protection matters is the justice of the peace court of the district where the adult has his or her residence, or alternatively his or her domicile, or for the person’s assets, the justice of the peace court of the district where the assets are located.

Spain

2015 ◽  
Author(s):  
Richard Frimston ◽  
Maria de los Reyes S�nchez Moreno ◽  
Juan Delgado Galindo
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Law System ◽  
Civil Law System ◽  
The Eu

Spain has a civil law system, is a member of the EU and is also multi-jurisdictional. Some regions (Cataluña, Aragón, Navarra) have specific laws affecting the protection of adults. Matters not covered by those laws and regions without specific laws are subject to the Spanish Civil Code (‘CC’).

scholarly journals DISKRESI HAKIM DALAM MENETAPKAN HUKUM DI PENGADILAN AGAMA KELAS IB BATUSANGKAR

2017 ◽  
Vol 16 (1) ◽  
pp. 77
Author(s):  
Sri Yunarti
Keyword(s):  
Social Justice ◽  
Public Interest ◽  
Civil Law ◽  
Family Court ◽  
Law System ◽  
Legal Principles ◽  
The Law ◽  
The Right ◽  
Dynamic Community ◽  
Civil Law System

So far the verdict courts made by Pengadilan Agama (PA/ Family Court) have been criticized for being too fixated on legal justice approaches and lack of attention to social justice approaches. This criticism demands that judge's understanding of the law holds to the spirit that underlies the formation of the law. The judge needs to use his or her authority to exercise legal discretion, using more moral rather than formal legal ideas. A judge must understand the law in the right contest and act as a creative lawyer. Discretion is the authority of the judge to decide cases with more consideration of the senseof justice, public interest and morality, which develops in society rather than deciding on the basis of the decisions of the regulations contained in the Law. This authority can be used an alternative in response to the absence and weaknesses in the application of legal principles in Civil Law System. Thus the law is expected to play a maximum role to serve the interests of the dynamic community put the interests of both parties who are in dispute and growing as well.

scholarly journals Formulasi Pengaturan Tahapan Pra Kontrak dalam Proses Pembentukan Kontrak di Indonesia

2020 ◽  
Vol 22 (02) ◽  
pp. 84-93
Author(s):  
Bebeto Ardyo
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Civil Code ◽  
Legal Certainty ◽  
Law System ◽  
Human Needs ◽  
Contract Formation ◽  
The Common ◽  
The Times ◽  
Civil Law System

The increasement of human needs in society goes hand in hand with the development of technology. To meet these needs, there must be interaction between people which sometimes has the potential to cause disputes. That’s why a contract is needed. The existence of a contract guarantees legal certainty regarding protection of the rights of the parties and also the obligations that they must fulfill. There are several stages of contract formation which consist of pre-contract and agreement between the parties. According to the system in the Book III of Indonesia’s Code of Civil Law, consensus is the base for the formation of contract that means once the agreement has reached between the parties then a contract is formed. Indonesia’s Code of Civil Law doesn’t yet regulate pre-contract stages of contract formation, even though these stages are equally important. The regulation of pre-contract stages are usually set in the common law system, but along with the times, the regulation of pre-contract stages should also be regulated in the civil law system. As a comparison, Het Nieuw Burgerlijke Wetboek (New Civil Code of Netherlands) has already regulated that pre-contract stages, although the Netherlands is a country that implements civil law system. The pre-contract stages are very important to be regulated in Indonesia because there are many potential pre-contractual issues. This paper aims to formulate the outline of what needs to be regulated in the pre-contract regulations. Keywords : Interaction, Contract, Formation, Civil Code  

scholarly journals Class Action Lawsuit on Civil Issues in Indonesia as Common Law Adoption

2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Maryana Lestari ◽  
Septhian Eka Adiyatma
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Legal Protection ◽  
Class Action ◽  
Legal Order ◽  
Law System ◽  
Consumer Protection Act ◽  
Civil Proceedings ◽  
The Law ◽  
Civil Law System

Regulations in Indonesia country must be fulfilled and adhered to, all the provisions in the form of prohibition, injunction and the sanctions that are in the environment of Indonesian society is hukim countries. So that the actions and deeds led to occur harmonious society without touching the rights of others. In civil law issues include problems between individuals and groups and from group to group and individual to individual, who violated the rights and obligations as a result of an agreement. Expanding the law does not rule out a new legal innovations that can make a person who made a report the other party violated his rights in the absence of a prior agreement to do. This development refers to a class action lawsuit based on some regulatory legislation such as Law - Legal Protection and Environmental Management, Law - Labor Law and the Law - Consumer Protection Act. Class Action Lawsuit become a new breakthrough following the development of the community association in order to avoid gaps in the legal action when there are those who rugikan, nevertheless uses a class action lawsuit is still being done with the procedural provisions of the HIR that is the source of law in civil proceedings. The class action suit or action lawsuit is a legal order that is embraced by the common law system, but countries that use civil law system like Indonesia participate adopt this legal order.

Iceland

2015 ◽  
Author(s):  
Adrian Ward ◽  
Kristin Benediktsdottir
Keyword(s):  
Supreme Court ◽  
Civil Law ◽  
District Courts ◽  
Law System ◽  
Unitary State ◽  
Wide Range ◽  
The Supreme Court ◽  
Civil Law System ◽  
Adult Protection

Iceland is a unitary state. It has a civil law system. There is a two-tier judiciary comprising District Courts and the Supreme Court. These courts deal with adult protection matters. Magistrates have a wide range of responsibilities including carrying out notarial functions, keeping records, serving as the Head of Police in their own districts (except in Reykjavik), and supervising guardians (in the last-mentioned role, ‘guardianship supervisor’).

scholarly journals The application of good Faith principle of precontract in common law and civil law contry

2021 ◽  
Vol 10 (16) ◽  
pp. e139101623621
Author(s):  
Rizky Febri Dewanti ◽  
Pujiyono Pujiyono ◽  
Yudho Taruno Muryanto
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Law System ◽  
Library Research ◽  
Legal Implications ◽  
The Common ◽  
Civil Law System ◽  
Legal Consequences

In Indonesia, development of application of good faith principle in legal agreement focuses on the application of Civil Code (KUHPerdata) where scope is still placed on the implementation of agreement. It is as if Civil Code has not recognized the existence of good faith principle at  pre-contract stage. In comparison, according to modern agreement theory that parties who suffer losses in pre-agreement/contract stage or at  negotiation stage, their rights also deserve to be protected. Thus, pre-agreement/contract promises will have legal implications for those who violate them. This will be seen in countries that have common law and civil law systems. An important issue in this case relates to the principle of good faith at the pre-contract stage which creates a gap with the provisions in the legislation. To analyze these problems, legal research was conducted with the black-letter law paradigm. Technique of collecting legal materials in this research used library research. Legal materials are analyzed deductively and utilize the method of interpretation (hermeneutics). Results showed that the application of the principle of good faith at the pre-contract stage in Common Law and Civil Law countries had differences. In the Civil Law system, good faith is highly emphasized in the stage of contractual negotiation. Whereas in the Common Law system, it prioritizes efforts to restore rights of aggrieved party in pre-contract stage. Parties who do not have good faith at the pre-contract stage have legal consequences for cancellation of the agreement.

scholarly journals Analisis Yuridis Omnibus Law dalam Penyusunan Rancangan Undang-undang Cipta Kerja

2021 ◽  
Vol 2 (3) ◽  
pp. 622-627
Author(s):  
I Kadek Semara Atmika ◽  
I Nyoman Budiartha ◽  
Lda Ayu Putu Widiati
Keyword(s):  
Civil Law ◽  
Conceptual Approach ◽  
Legal Concept ◽  
Law System ◽  
The Public ◽  
The Social ◽  
The Status ◽  
Legal Position ◽  
The Law ◽  
Civil Law System

Indonesia is a country that adheres to the civil law system, many regulations from central to regional. As a result, many laws and regulations overlap in both vertical and horizontal directions. To organize overlapping regulations, coordination  must be done. The concept of comprehensive law has been successfully applied in most countries that adhere to the common law system, but Indonesia that adheres to the civil law systern is still unfamiliar with the term. Therefore, the goals of this research are to analyze the comprehensive legal position in the preparation of Indonesian law and to discuss comprehensive law applied in the law of job creation. This research is normative legal research, used statutory approach and conceptual approach. The results show that the status and application of comprehensive law is v’ery imponant for the development of the law to enforce legal certainty. The formulation of legislation with a comprehensive legal concept requires in-depth research, and for the sake of transparency in the formatinn of many political parties involved, so as nnt to cause problems and harm the public interest, especially the social interest.

scholarly journals Tinjauan Yuridis tentang Rechtvinding (Pemenuhan Hukum) dalam Hukum Perdata Indonesia

2018 ◽  
Vol 1 (1) ◽  
pp. 77
Author(s):  
Nurmin K Martam
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
Human Beings ◽  
Legal Certainty ◽  
Law System ◽  
Legal Development ◽  
Positive Law ◽  
The Law ◽  
Sense Of Justice ◽  
Civil Law System

The law has a function to provide protection to human interests (all human beings without exception). Therefore, the law must be implemented so that human interest can be protected. In practice, the law may proceed normally and peacefully, but there may also be legal violations in practice. In this case the law that has been violated must be enforced. It is through law enforcement that this law becomes a reality. In upholding the law there are three elements that must always be considered: legal certainty (Rechtssicherheit), usefulness (Zweckmassigkeit) and justice (Gerechtigkeit).In the life of society required a legal system to create a harmonious and orderly society life. In fact the law or legislation that is made does not cover all cases that arise in society, making it difficult for law enforcement to complete the case. In the scope of positive law in Indonesia, the principle "that judges should not refuse a case", contained in article 10 paragraph (1) of Law no. 44 Year 2009 on Judicial Power.Constitutional judges and judges are required to explore, follow, and understand the legal values and sense of justice living in society. This is the basis that it is unavoidable that the rechtsvinding process should still be done by the judge in deciding cases not found clearly and firmly in legislation.The approach used in this study is a normative juridical approach, namely by using the theories and opinions of scholars by conducting an analysis of the provisions applicable in positive law of Indonesia.In line with the increasingly dynamic society, it demands a dynamic legal development as well. This is in line with the civil law system itself that is dynamic and not static. The important task of the judge, therefore, is to adapt the law to concrete events in society. If the law can not be judged appropriately according to the words of the law or the law is unclear, then the judge must interpret the law, so that the judge can make a truly fair law decision in accordance with what Which is the purpose and objective of the law, namely the achievement of legal certainty.

THE LAW OF JUDICIARY POWER SYNERGIZING THE POSITIVISM AND HISTORICISM

2018 ◽  
Vol 2 (1) ◽  
pp. 77
Author(s):  
Christiani Widowati ◽  
Indira Retno Aryatie
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Law System ◽  
The Common ◽  
The Law ◽  
Civil Law System

<p>Judiciary Power. Indonesia applies <em>Civil Law System</em>; that considers legislation as the primary legal source. Preferring legislation as a legal source is one characteristic of positivism. The Civil Law System, however, mentions that judges are obligated to see the values in society if the legislation does not set for that. It implicitly refers to societal law, including common Law. Taking the common law as a legal source is the characteristic of historicism as well; mentioning that the soul of a nation (<em>volkgeist</em>) derives from the values living in society. Basically, these two schools are contradictory to one another in their perspective of law. Positivism sees that state-made law is the only applied law. The law of Judiciary Power synergies between these two schools and takes a common low as a legal source for judges to make a decision.</p>

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