Part VII Rights—Substance and Content, Ch.50 Personal Laws

2016 ◽  
Author(s):  
Agnes Flavia
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Civil Code ◽  
Fundamental Rights ◽  
Colonial Rule ◽  
Indian Constitution

This chapter examines the legal framework for personal laws in India. It begins with an overview of the legal system introduced for personal laws during colonial rule, along with the evolution of legislation for such laws. It then considers Hindu law reforms following Independence and goes on to discuss the manner in which the courts have tackled the challenges to the constitutionality of personal laws. In particular, it explores two approaches used by the courts to test personal laws on the touchstone of fundamental rights: the non-interventionist approach and the scrutinising approach. The chapter concludes by assessing Article 44 of the Indian Constitution and the debate over the Uniform Civil Code.

scholarly journals A személyiségi jogok szabályozása a hatályos román Polgári törvénykönyvben

2021 ◽  
Vol 4 (2) ◽  
pp. 65-81
Author(s):  
Zsolt Kokoly
Keyword(s):  
Civil Law ◽  
Legal Framework ◽  
Civil Code ◽  
Fundamental Rights ◽  
Personality Rights

The new Romanian Civil Code (adopted in 2009, in effect since 2011) comprises a section dedicated to personality rights, as a novelty element compared to the previous Code. Their incorporation into the form of juridical norm follows both naturally from the historic evolution of some fundamental rights, both from the intention of the Romanian lawmaker to offer a comprehensive legal framework in the field of civil law.

National Report for Spain

2012 ◽  
Keyword(s):  
19Th Century ◽  
21St Century ◽  
Legal System ◽  
Satisfactory Result ◽  
Legal Framework ◽  
Civil Code ◽  
Procedural Law ◽  
National Report ◽  
The 19Th Century ◽  
The Eu

The current insolvency legislation is the result of a long and cumbersome evolution. It was approved on 7 July 2003 (Ley 22/2003, the Insolvency Act 2003 (‘IA’)) and came into force on 1 September 2004, putting an end to one of the most embarrassing situations that the Spanish legal system has ever had to endure: coming into the 21st century with an insolvency legislation dating back to the beginning of the 19th century. The previous insolvency system was composed of as many as five different legal instruments: the Commercial Codes (Codigo de Comercio) of 1885 and 1829 (only partially in force) and the Law on Suspension of Payments of 1922 (Ley de Suspension de Pagos), which regulated some procedural aspects and all material aspects of commercial insolvency; the Civil Code of 1889, which regulated the insolvency of the general—non-commercial—debtor; and the Civil Procedural Law, dating from 1881 (Ley de Enjuiciamiento civil ). It can then be said that the insolvency of a large business in a developed European economy (the fifth largest in the EU) had to be solved with laws that dated from two centuries before. The reform has been a relief and it has greatly modernised Spain’s economic legal legal framework. However, this process was neither easy nor did it produce a fully satisfactory result.

‘Plural Sharīʿah’. A Liberal Interpretation of the Sharīʿah Constitutional Clause of the 2014 Egyptian Constitution

2017 ◽  
Vol 31 (1) ◽  
pp. 74-88
Author(s):  
Giancarlo Anello
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Civil Code ◽  
Arab Countries ◽  
The State ◽  
Constitutional Court ◽  
Islamic Religion

This article addresses the Egyptian Constitution issued in 2014 (dustūr ǧumhūriyyah miṣr al-ʿarabiyyah). Article 2 declares that Islam is the religion of the State and that the Sharīʿah is the main source of legislation. The aim of the author is to interpret this provision considering the role that the Islamic religion plays in the cultural and legal framework of Arab countries, notably in Egypt. Furthermore, this article tries to develop a pluralistic interpretation of the norm, taking into account some foundational aspects of the Egyptian legal system including the Civil Code of 1948, the particular tradition of Arab Constitutionalism, and the former jurisprudence of the Supreme Constitutional Court.

LIABILITY FOR THE DEBTS OF A DISSOLVED COMPANY. IS THE ITALIAN LEGAL SYSTEM LOSING CONTEST WITH OTHER EUROPEAN SYSTEMS?

2018 ◽  
Vol 9 (1) ◽  
pp. 59
Author(s):  
Federica Pasquariello
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Civil Code ◽  
Company Law ◽  
The Other ◽  
Contingent Liabilities ◽  
Protection Strategies ◽  
Legal Entities

Italian legal framework provides two credit protection strategies which can be employed to enforce the liability for debts ( both contingent liabilities and unpaid debit residuals ) of a dissolved company: the first based on Company Law , the other on Bankruptcy Law.According to Company Law, by virtue of art. 2495, Civil code, capital companies which have been removed from the Register after a liquidation process(1), are to be considered extinct. Moreover, according to the Court of Cassation, U.S.,February 22nd, 2010, no. 4060-4061-4062(2) the same conclusion can be drawn for partnerships because of systematic coherence. Therefore, following the cancellation from the Company Registry, the companies no longer exist neither as legal entities nor as subjects of law. Shareholder and liquidator will respond in different ways to any surviving or overdue social debt, according to artt. 2312 and 2495 c.c.

scholarly journals Patient’s Right to Protection of Personal Data in the Legal System of Bosnia and Herzegovina

2017 ◽  
Vol 10 (1) ◽  
pp. 1-17
Author(s):  
Marko Bevanda ◽  
Maja Čolaković
Keyword(s):  
Bosnia And Herzegovina ◽  
Legal System ◽  
Personal Data ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Sensitive Data ◽  
Acquis Communautaire ◽  
Effective Implementation ◽  
Legal Provisions ◽  
Health Related

Health-related personal data belong to a category of sensitive data which, therefore, must be specially protected. The protection of personal health data is one of the patients’ fundamental rights. Doctors protect their patients’ interests only when the information gained about patients, while providing them medical treatment, are kept secret. In this paper, the authors provide an overview of the legal framework for the protection of health-related personal data in the legal system of Bosnia and Herzegovina. In addition to the analysis of the relevant legal provisions and considering the situation in practice, it can be concluded that formal harmonisation of legislation with the acquis communautaire in this field is not followed by effective implementation of regulation in practice.

scholarly journals Odpowiedzialność przedsiębiorcy za niedostarczanie informacji i dokumentów na żądanie Prezesa UOKiK – kilka refl eksji po decyzji w sprawie Engie

2020 ◽  
Vol 9 (3) ◽  
pp. 60-74
Author(s):  
Krzysztof Kanton
Keyword(s):  
Consumer Protection ◽  
Legal System ◽  
Case Law ◽  
Legal Framework ◽  
Fundamental Rights ◽  
Competition Authority ◽  
Risk Of Exposure ◽  
Legislative Changes ◽  
Article 50 ◽  
Basic Standards

The article contains an analysis of the solutions adopted in the Polish legal system governing the procedure for requesting information and documents by the President of the Office of Competition and Consumer Protection (President of UOKiK). In the first part of the article, the author discusses the basic standards that should be met by a request of the UOKiK, with regard to the scope of the request and its purpose, taking into account, in particular, the guidelines which follow from EU case-law. The author considers the scope of the obligation under Article 50 Section 1 of the Act on Competition and Consumer Protection (the Act), criticizing the solution that makes it impossible in practice to challenge the demands of the President of UOKiK without a risk of exposure to severe financial sanctions. The proposals for amendments of applicable regulations are also discussed, the aim of which would be to provide business undertakings with an adequate standard of protection of their fundamental rights in connect in with the procedure for submitting information and documents requested by the President of UOKiK. The second part of the article is devoted to issues concerning financial penalties for a breach of the obligation referred to in Article 50 Section 1 of the Act. The author discusses the current legal framework and indicates the need to introduce certain legislative changes in the future. The analysis also covers the practice of the Polish competition authority to impose penalties for a breach of the obligation under Article 50 Section 1 of the Act

SEARCH FOR AND SEIZURE OF EVIDENCE IN CYBER ENVIRONMENTS: A LAW-ENFORCEMENT DILEMMA IN SOUTH AFRICAN CRIMINAL PROCEDURE

2014 ◽  
Vol 1 (1) ◽  
pp. 48-67
Author(s):  
Vinesh M Basdeo ◽  
Moses Montesh ◽  
Bernard Khotso Lekubu
Keyword(s):  
Law Enforcement ◽  
South African ◽  
Legal System ◽  
Criminal Procedure ◽  
Integrated Approach ◽  
Physical World ◽  
Legal Framework ◽  
Time Zone ◽  
Legal Sanctions ◽  
Domestic Affairs

Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.

Forensic Evidence in Proving Crimes: Exploring the Legal Frameworks of Sharīʿah Bukti Forensik Bagi Membuktikan Jenayah: Menerokai Rangka Kerja Guaman Sharīʿah

2016 ◽  
Vol 13 (1) ◽  
pp. 220-247
Author(s):  
Sayyid Mohammad Yunus Gilani ◽  
K. M. Zakir Hossain Shalim
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Common Law ◽  
Legal Framework ◽  
New Method ◽  
Criminal Investigation ◽  
Forensic Evidence ◽  
Administration Of Justice ◽  
Legal Frameworks

AbstractForensic evidence is an evolving science in the field of criminal investigation and prosecutions. It has been widely used in the administration of justice in the courts and the Western legal system, particularly in common law. To accommodate this new method of evidence in Islamic law, this article firstly, conceptualizes forensic evidence in Islamic law.  Secondly, explores legal frameworks for its adoption in Islamic law. Keywords: Forensic Evidence, legal framework, Criminal Investigation, Sharīʿah.AbstrakBukti forensik adalah sains yang sentiasa berkembang dalam bidang siasatan jenayah dan pendakwaan. Ia telah digunakan secara meluas dalam pentadbiran keadilan di mahkamah dan sistem undang-undang Barat, terutamanya dalam undang-undang common (common law). Untuk menampung kaedah pembuktian baru ini dalam undang-undang Islam, artikel ini, pertamanya, konseptualisasikan bukti forensik dalam undang-undang Islam. Kedua, ia menerokai rangka kerja undang-undang untuk penerimaannya dalam undang-undang Islam.Kata Kunci: Bukti Forensik, Rangka Kerja Guaman, Siasatan Jenayah, Sharīʿah.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

Sign in / Sign up

Export Citation Format

Share Document