The Typological Legitimacy of Nonpublic Fundraising Foundations

2014 ◽  
Vol 6 (2) ◽  
pp. 213-238
Author(s):  
Zhenghui Li
Keyword(s):  
Legal System ◽  
The Other ◽  
Charitable Organizations ◽  
Organic System ◽  
Legal Entity ◽  
Legal Personality ◽  
Key Word ◽  
The One

As an emergent type of charitable organizations, nonpublic fundraising foundations (非公募基金会) are questioned on its legal entity – on whether nonpublic fundraising foundations qualify as a valid type of charitable organizations. In terms of its origin, nonpublic fundraising foundations emerged in China as a product of the mixture of history, reality and imported elements. Fundraising, a key word in the term, is not a right but a duty. The problem with nonpublic fundraising foundations is the overstress on the concept on the one hand and the ignorance of the institution on the other. The solution lies in setting up a sound and clear institution, so as to form an organic system of charitable organizations. The fact that nonpublic fundraising foundations are hardly supported in the existing theories of legal personality reflects the need to reform relevant aspects in the legal system.

scholarly journals LEGAL PERSONALITY OF PUBLIC LEGAL FORMATION

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 256-261
Author(s):  
D. B. Sergeev
Keyword(s):  
Local Government ◽  
Public Administration ◽  
The Other ◽  
Legal Entity ◽  
Legal Personality ◽  
Legal Relationship ◽  
Other Hand ◽  
Analysis And Synthesis ◽  
The One ◽  
Legal Entities

In article public legal formation is studied as the organizational and legal embodiment of state and in the publication analyzes using the normative and systematic methods, as well as analysis and synthesis, the content of the Russian legislation and the works of legal scholars. The author came to a conclusion that «to be a subject of legal relations» means only to have ability to enter them. Therefore nothing and nobody can treat a sort of such phenomena as a legal entity or subject of legal relationship as ability is one of attributes. When public formation is called legal entity, often on a background the fact it is officials and bodies of public government (public administration and local government) ordered in structure and that the most important function of public formation – right ensuring. According to the author legal personality of public formation and legal personality of its bodies also mutually depend on each other. On the one hand, public formation as phenomenon, ideal in terms of philosophy, cannot carry out any actions as legal entity without actions of people – bodies and officials. On the other hand, state and municipal bodies and officials or act as legal entities – representatives of state or municipality (for example, governor in relations with legal entities which exist out of state), or their legal personality is based on they are recognized as a part of public formation, entering relations with its population or with other bodies and officials of this public formation. At the same time legal personality of public formation is not the sum of legal personality of all public bodies neither particular bodies of public formation, nor all of them combined are legal entities of state or municipal property.

Probleme de interpretare privind constituționalitatea și capacitatea juridică a subdiviziunilor administrativ-teritoriale

2020 ◽  
Vol 2019 ◽  
pp. 126-133
Author(s):  
Vlad-Cristian SOARE ◽  
Keyword(s):  
Legal System ◽  
Administrative Law ◽  
The Other ◽  
Political Regime ◽  
Legal Capacity ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
The Revolution

"The fundamental transformations through the Romanian state passed since the Revolution of December 1989, have also put their mark on the legal system. For this reason, there have been major changes in the content of administrative law. However, the regulation of the territorial-administrative subdivisions survived the change of political regime, due to Law 2/1968. Moreover, regulations on administrative-territorial subdivisions are also found in Law 215/2001 and in the 1991 Constitution, revised in 2003. This has led to problems of interpretation. Thus, on the one hand, we need to identify who has the right to constitute administrative-territorial subdivisions, and on the other hand, it must be seen whether the answer to the first question, leads to a possible interpretation that would be unconstitutional. At the same time, administrative-territorial subdivisions have created problems of interpretation regarding their legal capacity. Through this article, we have proposed to look at the issues mentioned above."

scholarly journals Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspective

2020 ◽  
Vol 66 (4/2019) ◽  
pp. 193-206
Author(s):  
Darko Simović
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Legal System ◽  
Legal Framework ◽  
The Other ◽  
Effective Prevention ◽  
Other Hand ◽  
International Obligations ◽  
The Republic ◽  
The One

The adoption of the Act on Prevention of Domestic Violence was driven by the creation of a more effective legal framework for the protection of victims of domestic violence, and, therefore, also by the alignment of the legal system of the Republic of Serbia with international obligations. The main novelties include multi-sectoral cooperation and primarily preventive nature of the law. However, from its very adoption, it has been pointed to its noticeably repressive character, as well as to provisions with potentially harmful impacts. Hence, this paper represents a contribution to the discussion on the importance and scope of the solutions provided for in the Act on Prevention of Domestic Violence. On the one hand, it points to major novelties intended to contribute to a more effective prevention of domestic violence. On the other hand, it questions the constitutionality and appropriateness of some of the legal solutions, arguing that, in particular respects, the lawmaker had to use a wiser and more subtle approach to conceptualising the provisions of this law.

Of Apples and Mangoes

2018 ◽  
pp. 3-20
Author(s):  
Philipp Dann ◽  
Maxim Bönnemann ◽  
Tanja Herklotz
Keyword(s):  
European Union ◽  
Legal System ◽  
The Other ◽  
Legal Systems ◽  
The European Union ◽  
Legal Research ◽  
The One

Discussing several methods of comparative legal research and emphasizing upon the point that the two or more systems to be compared should not either be so similar that there is nothing for the one to learn from the other, nor should they be so dissimilar that there is no relationship whatsoever between them. Following this principle, this chapter finds that there is enough similarity as well as dissimilarity between the Indian legal system and the legal system of the European Union. Acknowledging that fact, the chapter then proceeds to compare some of the aspects of European and Indian legal systems from which both of them may benefit.

A Delicate Balance: Religious Autonomy Rights and lgbti Rights in Australia

2015 ◽  
Vol 10 (1) ◽  
pp. 45-62 ◽  
Author(s):  
Charlotte Baines
Keyword(s):  
Legal System ◽  
Religious Freedom ◽  
Status Quo ◽  
The Other ◽  
Faith Communities ◽  
Human Right ◽  
The Status ◽  
Research Gap ◽  
The One ◽  
The Right

This article addresses a research gap by analysing the way the Australian legal system is balancing the right to religious autonomy of organisations and the right of lgbti individuals not to be discriminated against, and considers what ought to be the case. I argue that the Australian legal system recognises the value of religious freedom on the one hand, and on the other hand, does not place a high priority on protecting it as an existing human right. My findings reveal that the Australian legal system is not always defining the religion and society relationship in ways that reflect the lived reality of religion in society. The issue is compounded by the wording of religious exemptions under anti-discrimination law which is contested within faith communities. As a consequence, religious freedom can be unfairly restricted. I conclude with recommendations to improve the status quo.

Israeli Law and Jewish Law — Interaction and Independence

1990 ◽  
Vol 24 (3-4) ◽  
pp. 507-524 ◽  
Author(s):  
Brahyahu Lifshitz
Keyword(s):  
Legal System ◽  
Point Of View ◽  
The Other ◽  
Jewish Law ◽  
Positive Law ◽  
Social Nature ◽  
Two Systems ◽  
The One ◽  
The Relationship

Jewish law is an independent legal system embracing most of the subjects to be found in any system of positive law. The hopes and efforts of many people notwithstanding, Israeli law is not identical to Jewish law, nor does it constitute one of its branches. The generally accepted view is that Jewish law is not influenced, nor affected in any way, by the acts of the Israeli legislature or judiciary. There is, however, little doubt that to a certain extent, Israeli law is influenced by Jewish law. It is therefore a legitimate exercise to discuss the nature of the relationship between the two systems from the point of view of Israeli law. We may also comment upon the amount of satisfaction or disappointment which may legitimately be felt, on the one hand, by those in favour of reinforcing the relationship between the two systems and making it stronger and more active and, on the other, by those opposed to such a relationship. It should also be observed that the interrelationship between Israeli and Jewish law is not only to be perceived from the standpoint of pure law. Any discussion of this question involves issues of a political, religious and social nature; a study focussing on the bare legal facts alone would provide a necessarily distorted picture.

The Case for the Integrity of Sinology

1964 ◽  
Vol 23 (4) ◽  
pp. 531-534 ◽  
Author(s):  
Frederick W. Mote
Keyword(s):  
The Other ◽  
The Real ◽  
Chinese Studies ◽  
Key Word ◽  
The One ◽  
The Masses ◽  
The Ideal

Sinology, and the case for the integrity of it: the one key word in that phrase has been as hard to define as the other has been to achieve in practice. If we can scarcely define it, and if there is no hope of achieving it for the masses, why then talk about it at all in the year 1964?I believe we can try to define Sinology, and we can point to some who have achieved it in practice. It might have seemed wisest to ask someone who has at least come close to achieving the Sinological ideal to be its spokesman on this panel. And, in fact, I urged that course upon Mr. Skinner when he first asked me to participate. He ruled that out, not so much perhaps for fear that we'd have to import one, or that such a one could be expected to speak in an unintelligible accent and would read footnotes in seven languages from original sources only—but perhaps, anomalous as it is, from the justifiable fear that the real Sinologist might speak in a way that would confuse his own green and well-worked fields with the entire province, or his own home province with the whole realm. And integrity is what we are here to talk about. For it is that integrality of the whole realm, or world, of Chinese studies that I think should define Sinology. Therefore, let someone who thinks he sees a meaningful and universal ideal, but who does not expect the ideal to be judged by himself, discuss it with the freedom that can come from having nothing personal to defend. Otherwise, it would be indeed presumptuous for me to appear here as the spokesman for Sinology; this dilemma of the spokesman vis-à-vis his subject today clearly is one that does not afflict my colleagues on this panel (for reasons at least partially nattering to them all).

scholarly journals SPECIFICS OF THE LEGISLATIVE SYSTEM IN THE REIGN OF THE EMPEROR HADRIAN

2021 ◽  
Vol 31 (1) ◽  
pp. 138-143
Author(s):  
G.D. Gabarashvili
Keyword(s):  
Legal System ◽  
The Other ◽  
Roman Law ◽  
Legislative Power ◽  
Patriarchal Family ◽  
The Status ◽  
Legislative Policy ◽  
The One ◽  
Further Development ◽  
Regulation Of Law

The reign of Hadrian (117-138 A.D.) is characterized by important changes in the legal system. This article examines the activities of Hadrian and his lawyers concerning the systematization of the edicts of the praetors and preparation of Edictum perpetuum, a key source for the further development of not only Roman, but also world law. In particular, extracts from the works of Salvius Julianus, Hadrian's leading lawyer, were included in Justinian's Digests. Hadrian's attempts to centralize legislative power in the hands of the Princeps are noted, on the one hand, and the weakening of the influence of lawyers, magistrates, and the Senate on the regulation of law, on the other. The changes in Roman law made by Hadrian, the improvement of the status of freedmen and slaves, and the destruction of the ancient Patriarchal family are indicated. The article analyzes the constitutions of the Princeps, their features and differences from the lawmaking of magistrates, and attempts to summarize the significance of the legislative policy of the Emperor Hadrian.

Guida alla lettura della recente legge di riforma della democrazia sindacale in Francia: piena compatibilitŕ fra regolamentazione della contrattazione collettiva e principio del pluralismo sindacale

2009 ◽  
pp. 365-381
Author(s):  
Ilario Alvino
Keyword(s):  
Collective Bargaining ◽  
Key Words ◽  
Legal System ◽  
Trade Union ◽  
Trade Unions ◽  
The Other ◽  
Work Place ◽  
Reform Process ◽  
Freedom Of Association ◽  
The One

- The Author reviews the new French Law n. 2008-789, which introduces new considerable elements concerning the representativity of trade unions, the conditions of a regular collective bargaining, the establishment of specific structures of workers' representatives at the work place. On the one hand, the Author takes into consideration the differences between the Italian legal system and the French one, on the other hand, the reform process that brought into the introduction of new rules.Key words: France; Trade Union; Representativity; Collective bargaining; Freedom of association; Social dialogue.Parole chiave: Francia; sindacato; rappresentativitŕ; contratto collettivo; libertŕ sindacale; dialogo sociale.

Consensual Elements in German Criminal Procedural Law

2014 ◽  
Vol 15 (1) ◽  
pp. 15-42
Author(s):  
Folker Bittmann
Keyword(s):  
Legal System ◽  
Criminal Procedure ◽  
The Other ◽  
The Past ◽  
Procedural Law ◽  
Other Hand ◽  
The Law ◽  
The One

The aim of German criminal procedural law is not to convict the accused at any cost. Even a guilty party can only be convicted if the criminal procedure is held in accordance with the law. If this is not possible, the German legal system accepts the risk of possibly acquitting a guilty party; it finds this more tolerable than the irregular conviction of the culprit. A criminal procedure seeks the truth. Only on the basis of a judicial conviction of the crime and its culprit may a sentence be imposed. This, though, can only be based on the so-calledprocedural truth.On the one hand, the past can never be reconstructed precisely; on the other hand, clarification can only be found through legal means and by following designated paths allowed by procedural law. Therefore, further investigation must cease if it is only possible to proceed by violating procedural law.

Sign in / Sign up

Export Citation Format

Share Document