Law of Persons

2018 ◽  
pp. 28-93
Author(s):  
V.C. Govindaraj
Keyword(s):  
Significant Role ◽  
Satisfactory Result ◽  
Legal Status ◽  
Indian Subcontinent ◽  
Applicable Law ◽  
Court Action ◽  
Conversion To Islam ◽  
Good Conscience ◽  
Personal Law ◽  
Female Spouses

The Indian subcontinent is inhabited by three principal communities, namely the Hindus who are in the majority, followed by Muslims and Christians. The Christians, though numerically in the minority, enjoyed the support of the British rulers for them to claim a separate legal status. Hindu law did not permit divorce, whereas Muslim law allowed divorce only the male spouse and Christian law allowed divorce to both the male and the female spouses. Conversion to Islam by the Hindus and the Christians brought about inter-personal law conflicts. The Regulating Act, 1781, enacted by the British rulers, introduced the rule that in a court action, where the parties professed different religions, the applicable law was the law of the defendant. As this rule failed to produce a satisfactory result where a Hindu wife, who got converted to Islam, could not get divorce that she sought because Hindu law did not permit divorce, Ormond, J. introduced the norm of justice, equity, and good conscience. Recent reforms in the Hindu law, coupled with enactment of the Muslim Marriage Act, 1939, brought about relief to wives who embraced Islam and sought relief. Courts played a significant role by giving a divorced Muslim wife maintenance right for life.

scholarly journals Features of Inheritance of Cryptocurrency Assets

2021 ◽  
Vol 10 (1) ◽  
pp. 103-122
Author(s):  
Oleksandr Omelchuk ◽  
Inna Iliopol ◽  
Snizhanna Alina
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
European Countries ◽  
Electronic Money ◽  
Applicable Law ◽  
Legal Nature ◽  
The World ◽  
Functional Features ◽  
Made In

The article analyzes the legal nature and specific of legal regulation of cryptocurrency in order to reveal the features of inheritance of cryptocurrency assets. The article aims to reveal whether it is possible to inherit cryptocurrency in terms of the existent legislation and if so, what kind of peculiarities of cryptocurrency should be considered. The financial and legal nature of cryptocurrency are described in the article. The main differences between cryptocurrency and traditional electronic money are revealed. The current legislation of Ukraine and some European countries on cryptocurrency legal status is analyzed. It is stated, that in most countries of the world, cryptocurrency is not considered to be money or currency, but rather a kind of property. It is noted, that while solving the issue of inclusion of cryptocurrency assets in the legacy, it is necessary to take into account the functional features of cryptocurrencies in general and the specifics of a particular type of cryptocurrency. Most of the benefits of cryptocurrencies for their owner (such as anonymous character) are obstacles to their inheritance according to the procedures provided by applicable law. The classification of the methods of inheritance of cryptocurrency assets is made in the article. The differences in the inheritance of cryptocurrency and tokens are revealed.

scholarly journals THE CHALLENGES IN ENFORCING POST DIVORCE ORDERS OF NATIVE COURTS IN EAST MALAYSIA

2021 ◽  
Vol 29 ((S1)) ◽  
pp. 17-35
Author(s):  
Hanna Ambaras Khan ◽  
Nora Abdul Hak ◽  
Najibah Mohd Zin ◽  
Roslina Che Soh
Keyword(s):  
Qualitative Research ◽  
Research Method ◽  
Community Leader ◽  
Group Discussions ◽  
Federal Constitution ◽  
Conversion To Islam ◽  
East Malaysia ◽  
The Government ◽  
Personal Law ◽  
The Village

The native court in Malaysia comprises of Mahkamah Anak Negeri Sabah and Mahkamah Bumiputera Sarawak. The existence of this court is recognised by the Malaysian Government and they are mentioned in the Federal Constitution of Malaysia. Although these courts are given power and authority in dealing with the personal law of natives in each state, there are challenges in enforcing post-divorce orders made by these courts. This article is significant since there is a dearth of study on this topic. The main objective of this article is to examine the enforcement of post-divorce orders of native courts within East Malaysia. It will also explore the problems and challenges of divorcees in enforcing divorce orders and provide recommendations to improve the existing system. This article adopts library-based and qualitative research method which consists of group discussions and interviews with the village headman (ketua kampung), headman (penghulu), community leader, native courts’ judges, native court of appeal’s judge, registrar of native court and several divorcees. The result of this research identified four challenges vis-a-vis: the capability to find the husband upon the issuance of the divorce order; second, husband’s default payment of maintenance; lack of manpower in enforcing the order and lastly, husband’s conversion to Islam. Thereafter, this article suggests that the government could provide assistance by empowering court bailiffs or enforcement bodies, increasing funding and to designate a special department for enforcement of divorce orders

Rights of a Wife in the Case of Conversion to Islam under Family Law in Malaysia

2012 ◽  
Vol 26 (2) ◽  
pp. 227-239 ◽  
Author(s):  
Nora Abdul Hak
Keyword(s):  
Legal Status ◽  
Family Law ◽  
Legal Provisions ◽  
Legal Problems ◽  
Conversion To Islam

Abstract This article focuses on the issues of conversion to Islam of one party to a non-Muslim marriage. In Malaysia, some legal problems need to be addressed, particularly concerning the rights of a wife to the ancillary claims after dissolution of the marriage such as maintenance, matrimonial property and custody. These issues have been discussed by the Malaysian courts in their judgments when they preside over cases involving conversion to Islam. Among the issues that have been raised is whether a non-Muslim wife is entitled to maintenance after her husband has converted to Islam and, if she is still entitled, for how long. Other problems concern which party shall be entitled to custody of any children as well as the legal status of the marriage. All these issues need to be discussed further as to whether amendment of the existing relevant law is necessary. This article analyses the legal provisions and the cases that have been decided by the Malaysian courts on conversion to Islam.

Foreign Direct Liability Claims in Sweden: Learning from Arica Victims KB v. Boliden Mineral AB?

2014 ◽  
Vol 83 (4) ◽  
pp. 404-438 ◽  
Author(s):  
Rasmus Kløcker Larsen
Keyword(s):  
Human Rights ◽  
Transnational Corporations ◽  
Environmental Damage ◽  
Access To Justice ◽  
Legal Basis ◽  
Applicable Law ◽  
Court Action ◽  
Environmental Damages ◽  
Liability Claims ◽  
Parent Companies

On 12 September 2013 what may be the first foreign direct liability claim in Sweden was filed in the County Court of Skellefteå, a court action reflective of a growing wave of civil liability suits in European jurisdictions to hold transnational corporations accountable for human rights violations and environmental damages. This article examines the feasibility of foreign direct liability claims in Sweden, focusing on enabling conditions with regards to jurisdiction, collision rules and applicable law, substantial legal basis, procedural and practical circumstances, and the theories by which parent companies can be held liable for negligence in supervising acts of subsidiaries and contractors. It is demonstrated that foreign direct liability claims on environmental damage are indeed possible in Sweden, albeit with considerable constraints, primarily of a procedural and financial character. The conclusion provides some cautious remarks on the merits of the claim against Boliden and the reform options available to a Swedish government committed to improving the access to justice for victims of violations perpetuated by Swedish companies, their subsidiaries and contractors.

Corporate actors: the legal status of mercenaries in armed conflict

2006 ◽  
Vol 88 (863) ◽  
pp. 599-611 ◽  
Author(s):  
Katherine Fallah
Keyword(s):  
International Law ◽  
Significant Role ◽  
Armed Conflict ◽  
Legal Status ◽  
Conventional Approach ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Military Industry ◽  
The Law ◽  
Modern Warfare

AbstractCorporate actors are taking on an increasingly significant role in the prosecution of modern warfare. Traditionally, an analysis of the law applicable to corporate actors in armed conflict commences with inquiry into the law as it applies to mercenaries. As such, the rise of the private military industry invites a reconsideration of the conventional approach to mercenaries under international law. This article critically surveys the conventional law as it applies to mercenaries, and considers the extent to which corporate actors might meet the legal definitions of a “mercenary”. It demonstrates that even mercenaries receive protection under international humanitarian law.

scholarly journals Sufism in Jammu

IJOHMN ◽  
2019 ◽  
Vol 5 (3) ◽  
pp. 81-102
Author(s):  
Dr R. Subramony
Keyword(s):  
Thirteenth Century ◽  
Significant Role ◽  
Indian Subcontinent ◽  
Social Response ◽  
Local Resistance ◽  
Jammu And Kashmir ◽  
Muslim Population ◽  
The People ◽  
Short Period ◽  
Different Parts

Sufism entered the Indian subcontinent in the twelfth century as a new socio-religious force.  Within a short period, it mushroomed to different parts of India. Fro Punjab to Rajputana, from Jammu and Kashmir to Kerala, sufism influenced the life and thought of the people. Though on the eve of its advent, Muslim population in most parts of India was virtually negligible, yet the sufis hardly faced any local resistance to their activities. Sufism reviewed enthusiastic social response. It adjusted itself with the indigenous cultural modes in a smooth manner. As a result, it became a catalyst in shaping and consolidating the Indian regional identities from the thirteenth century onwards. In this context, sufi shrines of the different regions-Ajodhan, Sirhins, Delhi, Ajmer and Gulbarga – played a significant role. For example, Richard Maxwell Eaton has shown that the sufis of Bijapur contributed tremendously to the promotion of vernacular idiom and Dakhani language.

scholarly journals Kovos su piratavimu jūroje teisiniai aspektai

Teisė ◽  
2011 ◽  
Vol 81 ◽  
pp. 44-59
Author(s):  
Laima Bendoraitytė ◽  
Gintarė Pažereckaitė ◽  
Kamilė Michailovskytė
Keyword(s):  
International Law ◽  
Legal Status ◽  
Applicable Law

Straipsnyje analizuojama piratavimo jūroje kaip nusikaltimo pagal tarptautinę teisę samprata, probleminiai jos aspektai, piratų laivų ir piratavimu įtariamų asmenų sulaikymo pagrindų, taikytinos teisės klausimai, aptariamos piratavimu įtariamų asmenų nebaudžiamumo priežastys, įskaitant pabėgėlio teisinio statuso taikymo piratams galimybę.The article examines the concept of piracy in international law, its problematic aspects, considers questions related to the detention of pirate ships and suspected pirates, applicable law, as well as reasons of non-prosecution of suspected pirates, including the possible application of refugee legal status.

TANGGUNG JAWAB ISTRI TERHADAP PERJANJIAN JUAL BELI HAK ATAS TANAH YANG DILAKUKAN OLEH SUAMINYA (Studi Kasus Putusan No. 03 /Pdt.G /2015 /PN.Btl)

2019 ◽  
Vol 7 (1) ◽  
pp. 36
Author(s):  
I Made Yoestika Bayu Pratama , ◽  
M. Hudi Asrori S ,
Keyword(s):  
Property Rights ◽  
Legal Status ◽  
Secondary Data ◽  
Land Rights ◽  
Data Types ◽  
Breach Of Contract ◽  
Applicable Law

<p>Abstract<br />This article is intended to identify and analyze the position of the wife to the covenants committed by <br />the husband and the form of a wife’s responsibility of her husband’s Default. This research is Normative <br />legal by perspective. Secondary data types include primary, secondary and tertiary legal materials. Data <br />collection techniques used are literature studies and documentation studies relevant to the purpose of <br />this research. The analysis uses the syllogistic of deduction, taking into account the interpretation of the <br />law and the principles of  applicable law. The results of this research indicate that (1) the legal status of <br />the wife against the agreement made by her husband, (a) In relation to the Husband is unknown, and <br />the sense of inconvenience of the wife to to the seller; hereby wife affirms that the transaction of sale <br />and purchase of land object is canceled. Based on the foregoing, the wife appealed to the Panel of <br />Judges of the Investigator of this case in casu to examine, hear, and give the verdict. (B) The Husband <br />has broken the promise so that the judge terminates the land purchase agreement. (2) The wife’s form <br />of responsibility to the Default carried out by her husband relates to the fact that: (a) in fact the buyer is <br />not the Husband and the wife but only the Husband; because the Husband breach of contract then the <br />seller and the wife of defendant agree to cancel the transaction of the sale of the land object through the <br />court; (b) Notary / PPAT is involved in the process of transferring legal entitlements, subject to sanctions <br />through a judge’s decision to restore the land’s name back to the seller.<br />Keywords: Responsibility of wife; wife’s position; Agreement on the sale and purchase of land rights: <br />purchase property rights to the land; breach of contract</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui dan menganalisis kedudukan Hukum   istri   terhadap perjanjian-<br />perjanjian  yang  dilakukan  oleh  suaminya,  dan  bentuk  pertanggung  jawaban  seorang  istri  terhadap <br />Wanprestasi yang dilakukan oleh suaminya. Penelitian ini adalah penelitian hukum Normatif bersifat <br />perspektif. Jenis data sekunder meliputi bahan hukum primer, sekunder dan tersier, Teknik pengumpulan <br />data yang digunakan adalah studi kepustakaan dan studi dokumentasi yang relevan dengan tujuan <br />penelitian ini. Analisis menggunakan silogisme deduksi, dengan memperhatikan penafsiran hukum yang <br />dilakukan serta asas-asas hukum yang berlaku pada ilmu hukum. Hasil penelitian ini menunjukan bahwa <br />(1) kedudukan  hukum  istri  terhadap perjanjian yang dilakukan oleh suaminya, (a) Terkait dengan sang <br />suami tidak diketahui keberadaannya, serta rasa ketidaknyaman istri kepada para penjual; dengan ini <br />sang istri menegaskan bahwa transaksi jual beli objek tanah dibatalkan. Berdasarkan segala hal di atas, <br />istri memohon kepada Majelis Hakim Pemeriksa perkara ini in casu untuk sudi memeriksa, mengadili, <br />dan memberi putusan (b) sang suami telah ingkar janji sehingga hakim memutuskan perjanjian jual beli <br />hak atas tanah tersebut batal.demi hukum. (2) Bentuk  pertanggungjawaban istri terhadap Wanprestasi <br />yang dilakukan oleh suaminya, terkait dengan adanya fakta bahwa: (a) pada kenyataannya pihak pembeli <br />bukan si suami dan istri melainkan hanya sang suami; karena sang suami wanprestasi maka penjual dan <br />istri tergugat sepakat untuk membatalkan transaksi jual beli objek tanah itu melalui jalur pengadilan; (b) <br />Notaris/PPAT terlibat dalam proses peralihan hak atas tanah yang cacat hukum, dikenasi sanksi melalui <br />putusan hakim agar memulihkan kembali tanah atas nama penjual. <br />Kata kunci : Tanggung jawab istri; Kedudukan istri; Perjanjian jual beli hak atas tanah; jual beli hak milik <br />atas tanah; Wanprestasi</p>

The Need to Re-examine the Route of Pre-emption Law in the Sudan: A Critical Analysis

2020 ◽  
pp. 1-27
Author(s):  
Hafiz Gaffar Ibrahim Ismail
Keyword(s):  
Critical Analysis ◽  
Islamic Law ◽  
Good Conscience ◽  
Personal Law

Abstract This article examines the concept of pre-emption rights in the Sudan, in particular, the origin, nature and domain of the principle by making four key arguments. Firstly, it argues that, although the doctrine is maintained and applied as a part of Muslim law, it is also applied between Muslims and non-Muslims as equity and good conscience rule rather than as a part of Muslim personal law. Secondly, it presupposes that the doctrine of pre-emption has its roots in Islamic law, although it is not ‘exclusive’ to Islamic systems. Thirdly, it suggests that the tendency to adopt Islamic theory as a sole reason for implementing the doctrine, sometimes led to judicial debates; for example, the question arose to whether this right existed in favour of a lease holder. Finally, Islamic theory leaves the question open as to whether pre-emptive rights exist in the domain of movable property.

Contract System: Main Problems of Law Enforcement and Ways of their Overcoming

2015 ◽  
Vol 3 (7) ◽  
pp. 0-0
Author(s):  
Ольга Беляева ◽  
Olga Byelyayeva
Keyword(s):  
Law Enforcement ◽  
Information Disclosure ◽  
Legal Status ◽  
Public Procurement ◽  
Applicable Law ◽  
Contract Performance ◽  
The Law ◽  
Contractual Obligations ◽  
Performance Results

The author analyzes institutional and practical shortcomings of the Law on contract system, in particular, legal status of pseudo-customers, examination, information disclosure, warranty obligations, the Blacklist of suppliers. The author draws the conclusion on uselessness of tightening the legislation in relation to public procurement. The author considers “conditional application of the law” to be unacceptable: the applicable law is chosen depending on the background of the origin of money. The author suggests cancellation of the institute of examining contract performance results; and establishment of accurate differentiation of contractual and post-contractual obligations. The article notes truncated application of information disclosure norms and bad regulation of the Blacklist of suppliers. The author arrives at the conclusion of uselessness of tightening the legislation in relation to procurements.

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