Asylum Seekers in France: Examining the Impact of the Law of 29 July 2015 on the Right to Housing

2018 ◽  
Vol 37 (4) ◽  
pp. 458-476
Author(s):  
Thomas Ribémont
Keyword(s):  
The Law ◽  
2020 ◽  
Vol 20 (2) ◽  
pp. 138
Author(s):  
Fakhrurrazi M.Yunus ◽  
Zahratul Aini

Abstrak: Dalam Undang-Undang Nomor 23 Tahun 2006 tentang Administrasi Kependudukan adanya Pasal yang mengatur tentang perkawinan beda agama, dalam Pasal 35 huruf (a) yang menyatakan bahwa perkawinan yang ditetapkan oleh pengadilan. Namun dalam Undang-Undang tersebut tidak diatur secara jelas, sehingga memberi peluang timbulnya dampak negatif. Namun yang diakui di Indonesia jika pasangan suami istri yang berbeda agama harus memeluk agama yang sama di salah satu pasangan dengan maksud mereka harus pindah agama baik memeluk agama istri maupun suami. Dengan adanya berbagai kemudharatan yang timbul, maka hal itu tidak sesuai dengan hukum Islam. Oleh karena itu, penulis ingin mengetahui dampak perkawinan beda agama yang diatur dalam Undang-Undang Nomor 23 Tahun 2006 tentang administrasi  kependudukan dan tinjuan hukum Islam terhadap perkawinan beda agama dalam Undang-Undang Nomor 23 tahun 2006. Dalam penelitian ini, metode penelitian yang digunakan adalah Kualitatif. Berdasarkan dari hasil penelitian, dampak dari perkawinan beda agama yaitu dampak terhadap rumah tangga yang tidak harmonis menimbulkan kegelisahan, dan sulitnya berkomunikasi. Dampak terhadap anak yang membuat hubungan antara keluarga yaitu anak dan orang tua menjadi kacau dan tidak utuh karena mengetahui kedua orang tuanya berbeda keyakinan. Dampak terhadap harta warisan yang mengakibatkan anak yang lahir dari perkawinan beda agama tidak mempunyai hak untuk mendapatkan harta warisan apabila tidak seagama dengan pewaris yang dalam hal ini pewaris beragama Islam. Adapun tinjauan hukum Islam menyatakan bahwa perkawinan beda agama itu tidak sah, karena menurut fatwa MUI Nomor:4/MUNASVII/MUI/8/2005 menetapkan bahwa nikah beda agama hukumnya haram yang diperkuat dengan firmannya dalam surat al-mumtahanah ayat 10 dan al-baqarah ayat 221.Abstract: in Law No. 23 of 2006 on the administration of the population of the article governing the marriage of different religions, in article 35 letter (a) stating that the marriage is established by the court. But the law is not regulated, so it allows causing negative impacts. But it is recognized in Indonesia if different couples of religion must embrace the same religion in one partner with the intention they have to move religion both embrace the religion of the wife and husband. With the various blessings that arise, it is not under Islamic law. Therefore, the author wants to know the impact of the marriage of different religions organized in law Number 23 the year 2006 about the administration of population and the Islamic law to the marriage of different religions in the law Number 23 the year 2006. In this study, the research method used was qualitative. Based on the results of the study, the impact of the marriage of different religions is the impact on the unharmonious households raises anxiety, and difficulty communicating. The impact on the child who makes the relationship between the family is the child and the parent becomes chaotic and not intact because knowing both parents are different beliefs. The impact on the inheritance that resulted in children born from the marriage of different religions does not have the right to obtain inheritance if not as religious as the heir, in this case, Muslim heirs. The review of Islamic law states that the marriage of different religions is not valid, because according to fatwa MUI number: 4/MUNASVII/MUI/8/2005 stipulates that the marriage of different religious religion is haram strengthened by his word in Sura al-Mumtahanah verse 10 and al-Baqarah verses 221.


2021 ◽  
Vol 1 (1) ◽  
pp. 1-10
Author(s):  
Elisabeth Septin Puspoayu ◽  
Bunga Nurani ◽  
Esti Wulan Trityas ◽  
Maulida Indah Sari ◽  
Mayang Chandra Gita Siti ◽  
...  

Amendment to the United Nations Convention on the Law of the Sea of 1982 with Law No. 17 the Year 1985 makes Indonesia have the right to utilize, conservation, and manage fish resources in Indonesia's exclusive economic zone and the high seas. Such rights are exercised under applicable international terms or standards. Therefore, legislation was made related to the sinking of illegal fishing vessels in Indonesian territorial waters through Law No. 45 of 2009 on Fisheries. Indonesia's high wealth of marine resources does not run following all layers' expectations after illegal fishing. However, the juridical consequences of applying the law have several impacts, namely the impact of sinking foreign vessels on relations with foreign countries and negative-positive effects in the marine environment due to the sinking of foreign vessels illegal fishing actors.


2021 ◽  
pp. 13-16
Author(s):  
Olena HALUS ◽  
Oleksandr BRYHINETS ◽  
Iryna RYZHUK

The paper proves that the realization of the right to a dignified life can be effective only in the framework of legal activities, and the presence of special legal means, which are tools to ensure a dignified human existence, also plays an important role. The analysis revealed that each society has its own standards of understanding the right to a sufficient standard of living, the basis in this case should be the only generally accepted norms and standards, especially those enshrined in international legal instruments. Guarantees of constitutional law and housing and the right to an adequate standard of living are interrelated and represented by a system of political, economic, social conditions, legal means and mechanisms aimed at ensuring the proper exercise of these rights. The system of guarantees of the constitutional right to housing and a sufficient standard of living is represented by general and special (legal) guarantees. The purpose of preventing corruption due to conflict of interest is to form a unified approach of persons authorized to perform state or local government functions and persons equated to them, to understand and comply with the rules of prevention and settlement of conflicts of interest introduced by the Law of Ukraine “On Prevention of Corruption”. Preferential provision of housing for citizens is carried out through certain mechanisms: providing citizens with affordable housing, provided by the Law of Ukraine “On Prevention of the Impact of the Global Financial Crisis on the Development of the Construction Industry and Housing Construction”; state, regional and local housing programs for certain categories of the population; providing social housing to socially vulnerable groups of the population of Ukraine.


Author(s):  
Barbara Bogusz ◽  
Roger Sexton

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the difference between restrictive and positive covenants; the rules which govern the running of the burden of covenants; the rules regulating who initially has the right to enforce a covenant; the significance of s56 of the Law of Property Act 1925, and the impact of the Contracts (Rights of Third Parties) Act 1999; the rules regarding assignment of restrictive covenants; the concept ‘building scheme’; and whether a positive or restrictive covenant will pass to successors in title.


Legal Studies ◽  
2020 ◽  
Vol 40 (4) ◽  
pp. 675-693
Author(s):  
Richard Glover

AbstractThis paper examines the law on good character evidence in criminal trials through a discussion of the important but under-analysed case of Hunter, in which a five-judge Court of Appeal sought to clarify the law on good character directions to the jury. However, it is argued here that the judgment conflicts with the leading House of Lords decision in Aziz. The paper considers how the court misinterpreted the law and, in particular, the defeasible nature of the rule in Aziz and the impact of the Criminal Justice Act 2003. As a result, the circumstances in which a good character direction will be provided have diminished significantly. It is argued that this has important implications for the right to a fair trial, as good character directions act as a ‘backstop’ against miscarriages of justice. They also form a vital part of the ‘framework of fairness’ considered necessary, in lieu of reasoned jury verdicts, by the Grand Chamber of the European Court of Human Rights in Taxquet v Belgium. Accordingly, it is contended that Aziz rather than Hunter should be followed so that, where there is evidence of good character, a direction is normally provided as a matter of law.


Ad-gnosis ◽  
2019 ◽  
Vol 8 (8) ◽  
pp. 11-20
Author(s):  
Nelson Cano Holguín ◽  

The Colombian conflict has been one of the longest running disputes in the Western world. Although the signing of the peace treaty in 2016 gave hope back to the territory, this process did not happen overnight, so it was necessary to go through a historical journey to get the results today, where one of its fundamental milestones was the law of victims and the framework for peace. Through a review of the literature, this article seeks to analyze the impact on the Colombian conflict and the dynamics of the actors involved from the perspective of the law of victims. Among the most significant findings is that the Victims’ Law should not be seen as a panacea to solve all the country’s problems. Few recognize that it is a first step in the right direction, and the government’s courage to take it must be stressed. In that sense, the authorities must show good intentions, imagination and political will to allow the military response on the one hand, and generate and implement initiatives and policies with facts on the other hand.


2020 ◽  
Vol 6 (3) ◽  
pp. 109-114
Author(s):  
Ekaterina A. Koroleva

The article deals with the main provisions of Richard Posners book How judges think, which is, according to the authors own assessment, an attempt by an American scientist to understand the motives that guide judges in making judgments. The emphasis Posner puts on psychology leads to the fact that the book gives the right to talk about how judges think, not about judicial behavior: considering traits, temperament, race and gender, as well as personal and professional experience. From all the above Richard Posner concludes that judges are guided by the rationality of actions and decisions. Therefore, special attention in this article is paid to the concept of rationality from the point of view of Posner himself, as well as the assessment of this concept from the point of view of Russian scientists V.L. Tambovtsev and L.V. Smorgunov, since this concept of rational choice reveals the essence of economic analysis of law. Special attention should be paid to the argument that according to Richard Posner, rational choice does not have to be without error in the conditions of lack of information or the complexity of its collection and analysis. The arguments of Henry Beckett, as one of the founders of the economic analysis of law, on rationality in the Commission of an offense are given. Also, the article considers the facts that allow to state that at present the economic analysis of the law has gone far beyond the initial attention to Antimonopoly regulation, taxation, regulation of public utilities, corporate Finance and other usual areas of economic regulation, the range of issues that can be resolved through economic analysis of the law is much wider and more diverse. According to the results of races-judgements and the estimation of economic analysis of law and the category of rationality in the legal field.


2019 ◽  
Vol 61 (1) ◽  
pp. 129-144 ◽  
Author(s):  
Shae McCrystal

This current controversy analyses the legal impediments to taking lawful strike action for workers in Australia, reviewing the components of the regulatory system that combine to restrict access to strike action for Australian workers. The discussion explores the flaws underlying the enactment of the right to strike, the limitations surrounding the definition of industrial action, the prerequisites to lawful strike action including the problems that arise from the pre-strike ballots regime, the grounds on which lawful strike action can be stopped, and the consequences of getting it wrong. The picture presented by the legal regime for strike action is that the impact of the regime is greater than the sum of its parts – making it very difficult to strike even for the most seasoned industrial players. It is possible that strike regulation in Australia has reached a tipping point whereby the costs associated with getting it right may now be so high that simply abandoning the lawful path and engaging in unlawful strike action may be more appealing than complying with the law.


2021 ◽  
Vol 7 ◽  
pp. 71-78
Author(s):  
Tetiana Shmariova

The history of law should be viewed not only within the context of the study on the birth of law being one of the social regulators, its emergence and evolution of its certain institutions, but also as an instrument of thorough understanding of legal forms recepted from Roman Law. Certain forms of these include usucapio – limitation of action introduced to Russian Imperial legislation by Article 301 of the Legislation Code of 1832.Ukraine can view the doctrine developed by legal scholars of those times as well as court practice on these issues as part of its own history as it used to be a part of the Russian Empire, where (except for Chernihiv and Poltava regions) Russian Imperial legislation was fully in force. Russian Imperial legal scholarship has adopted the approach applied by Roman law, including usucapio and praescriptio. However, the issue of usucapio existence in legislation acts of the Moscow State as a separate institute before 1832 has provided grounds for discussions.Similarly, the legal essence of the usucapio institute has also provided grounds for scholarly discussions on philosophic grounds regarding the impact of limiting legislation on the application of the limitation institute whether limitation should be similarly the ground for losing or acquiring rights, or regarding the conditions when the appropriate limitations may be applied.The analysis of past scholarly concepts provides possibilities to develop a full picture. Nevertheless, this picture is not without homogeneity of thoughts. The author takes the approach that the usucapio institute in Russian Imperial legislation has appeared and developed for assuring the stability of civil relations. Regardless of the division of providing evidence, the existence of the actual possession by the actual possessor of the mortgage after the 10-year term, the new possessor has been recognized and registered the property rights within time limitation if the conditions prescribed in the law are actually fulfilled. The interest in theoretical development in the limitation issue and the amount of the court practice provides evidence that it was claimed by the society.The definition of the Zemska time limitation has been changing gradually, and it can generally be viewed as calm, non-discussional, and continuous possession within the term developed by the law, in terms of “property”. The law of those times did not demand a fair possession conditions for acquiring the rights on limitation grounds, however this approach has been criticized by scholars.Generally, the author has selected the panoramic approach of constructing her research by paying attention to discussional issues, as well as the issues being of interest nowadays. Specific focus is made on actual inaction of titular proprietors of mortgage as the condition for loss of the right on limitation grounds and non-act possession. The actuality of stability of civil relations remains the same nowadays as it was in the past.


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