scholarly journals Three Different Legal Attitudes Towards Non-Marital Cohabitation in Europe

2021 ◽  
Vol 27 ◽  
pp. 255-274
Author(s):  
Ewa Kabza
Keyword(s):  
Comparative Research ◽  
Legal Aspects ◽  
Legal Regime ◽  
Accurate Picture ◽  
Living Together ◽  
Explicit Reference ◽  
Marital Partners ◽  
Legal Attitudes

The rising number of people “just living together”, people who are neither married nor in registered partnerships, clearly demonstrates that non-marital unions can no longer be ignored. To obtain an accurate picture of the situation of non-marital partners it was essential to conduct comparative research of multiple legal orders. This analysis threw a new light (at least from the Polish standpoint) on possible solutions to the problem of the regulation of legal aspects of “living together”. It appears that three different legal attitudes towards non-marital cohabitation may be distinguished in Europe. Firstly, there are legal orders in which by virtue of an explicit reference by the legislator – the regulations on marriage are applied to cohabitation (quasi-marriage cohabitation). Secondly, there also exist countries in which a law was adopted regulating selected aspects of actual cohabitation (implied model of cohabitation). And thirdly, there are legal orders in which any cohabitant-oriented legal regime exists.

scholarly journals RESEARCHES CONCERNING CONFORMITY OF TECHNICAL DOCUMENTATION ON THE DETERMINATION (RENEWAL) OF LAND PLOTS BOUNDARIES OF HOMESTEAD BUILDINGS IN CITIES: ORGANIZATIONAL AND LEGAL ASPECTS

2017 ◽  
Vol 17 ◽  
pp. 290-297
Author(s):  
A I. Ripenko ◽  
A. A. Kolosiuk
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
Public Land ◽  
Technical Documentation ◽  
Legal Regime ◽  
Forensic Examination ◽  
Basic Functions ◽  
Organizational Features ◽  
Working Out ◽  
Land Code

The paper considers the problems of insufficient methodical support of forensic examination within the limits of a speciality 10.20 «Researches of land planning issues» concerning conformity of the technical documentation on the determination (renewal) of land plots boundaries of homestead buildings in the cities. The thought of authors concerning expediency of working out techniques and methodical recommendations taking into account legislative and normative acts being in force in Ukraine for that time, is substantiated, and organizational features of legal regulation of lands under homestead buildings of cities in view of basic functions of such territories for their constant development and creation of appropriate conditions for residing of inhabitants are marked. The attention that the legal regime of using such lands needs complements concerning necessity of their operation according to the rules of territory beautification of a populated locality and other documentation concerning beautification issues, is paid. The idea on expediency of the Land Code of Ukraine amendments, in particular in its provisions concerning the use of inhabited and public land buildings in the limits ofpopulated localities taking into account the rules of territory beautification, is spoken out. The authors focus attention on the requirements to regulate the use of inhabited and public land buildings not only in the land legislation but also in the legislative acts which regulate a question of inhabited and public buildings territory beautification. Thus, for appropriate carrying out forensic examination on speciality 10.20 it’s necessary to develop methodical support both by adopting corresponding acts of land and city building legislation, standards, norms and rules of drawing up a technical documentation on the determination (renewal) of land plots boundaries in nature (on terrain) and by creation of the scientifically grounded techniques and methodical recommendations on the designated subjects.

scholarly journals The Relationships of Bill of Lading, Charterparty and Other Transport Documents

2019 ◽  
pp. 1-8
Author(s):  
Evi Plomaritou ◽  
Yiannis Voudouris
Keyword(s):  
International Trade ◽  
Life Cycle ◽  
Legal Aspects ◽  
Vital Role ◽  
Legal Regime ◽  
Bill Of Lading ◽  
Legal Contract ◽  
The Relationship

The bill of lading plays a vital role in international trade. In addition, the charterparty is a legal contract of employing a vessel between the shipowner and the charterer. In shipping matters, charterparty and bill of lading are highly important documents since they allocate risks, obligations, rights, earnings, costs and profits between the contracted parties, namely the shipowner (or carrier) and the charterer (or shipper). Therefore, this paper constitutes an overview of the commercial and legal aspects ensued from the relationship between the bill of lading, the charterparty and other documents such as booking note, cargo manifest, mate’s receipt, delivery order etc. Furthermore, this paper examines the life cycle of bill of lading and charterparty in the bulk and liner markets and how this will be affected by the digitalisation in shipping. The analysis is based on the shipping practices followed in accordance with the legal regime of bill of lading and charterparty.

scholarly journals Agreements in Construction: The Past, the Present, the Future

JURIST ◽  
2021 ◽  
Vol 4 ◽  
pp. 11-16
Author(s):  
Oleg V. Makarov ◽  
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
Theoretical Development ◽  
Economic Factors ◽  
Legal Regime ◽  
The Past ◽  
The Future ◽  
Contractual Relations ◽  
Socio Economic Factors

Taking into account the historical and legal aspects, the article examines the current problems of improving the system of contractual relations of construction activities. The doctrine’s lack of attention to the study of contractual relations on construction, taking into account the combination of socio-economic factors and trends in the development of civil and legal regulation, has been revealed. The theoretical development of the problems of unification and differentiation of contractual relations on construction taking into account the specifics of construction and installation works was noted. The improvement of the civil-legal regime of contractual construction activities is seen in the adoption of the consolidation act.

scholarly journals Specificity of sexual self-awareness in subjects with sexual identity disorder with personality disorders and transsexualism

2018 ◽  
Vol 7 (1) ◽  
pp. 147-162
Author(s):  
N.V. Dvoryanchikov ◽  
V.N. Makavieva ◽  
Z.D. Novikova
Keyword(s):  
Personality Disorder ◽  
Personality Disorders ◽  
Sexual Identity ◽  
Comparative Research ◽  
Legal Aspects ◽  
Differential Diagnostics ◽  
Self Awareness ◽  
Men And Women ◽  
Medical Institutions ◽  
Empirical Material

The main focus of the research presented in the article is the problem of differential diagnosis of sexual identity disorder in transsexualism and in personality disorders. Thus, study covers two of the most widely spread groups of subjects with sexual identity disorders referring to medical institutions. The article cites the data of the comparative research of two groups of subjects with sexual identity disorder: subjects with personality disorder and subjects with transsexualism. The empirical material and the hypothesis of the presence of imbalance in the expression of gender qualities in subjects with sexual identity disorder is analyzed. The internalization of the masculine and feminine traits on the logical and emotional levels of both – men and women with transsexualism, and also of men and women with personality disorder is described. The results are analyzed with the help of the reliable statistical methods. Connections with gender identity are also analyzed. The analysis is performed with qualitative methods with further interpretation of the results which were achieved in the context of adaptation mechanisms. The data received as a result of the study of these two groups is compared with the normal control’s data. Besides the article supplies the analysis of the presence of the adaptation potential in the subjects with sexual identity disorder in cases of transsexualism and personality disorder and its possible use in differential diagnostics. Some social and legal aspects of sexual identity disorder in transsexualism are also dealt with.

scholarly journals Tax lien as a way to ensure the fulfillment of the constitutional obligation to pay taxes and fees

2020 ◽  
pp. 89-92
Author(s):  
Svitlana Hretsa
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Regime ◽  
Important Place ◽  
The Status ◽  
Protection Of Human Rights ◽  
History Of ◽  
The Right ◽  
Legal Mechanism

The article highlights the legal aspects of using the tax lien as a means to ensure the constitutional obligation to pay taxes andfees. The focus is on the importance of proper implementation of constitutional obligations for the protection of human rights and theperformance of state functions. An important place for tax liability in the system of constitutional obligations has been identified. Themain ways of ensuring the fulfillment of the tax obligation have been revealed and the key role of such a way as tax lien has beenemphasized. The concept of tax lien is defined and the history of formation of this institution in the legislation of Ukraine is revealed.The grounds for the emergence of the right of tax lien, the peculiarities of its documentation (registration) is presented. The status andpowers of the tax manager about the description of the property in the tax lien, checks of its condition, etc. are determined. The articledescribes the legal consequences of non-compliance with the legal requirements of the tax manager, in particular the suspension in courtof expenditure transactions on bank accounts, and in some cases - the use of administrative seizure of property. The author disclosesthe legal regime of property that is in tax lien, the scope of taxpayers’ rights to use it, the content of legislative restrictions on the possibilityof disposing of such property, the procedure for coordinating transactions with mortgage assets. The legal grounds for terminationof the right of tax lien are indicated. The legal mechanism of realization of the right of the tax pledge, the order and sequence ofthe address of collecting on the pledged property is described. The author revealed the shortcomings of the legislation, in particular thelong nature of the recovery in court. Proposals have been made to improve the legal regulation of the tax lien to increase the effectivenessof this instrument to ensure proper implementation of the constitutional obligation to pay taxes. In particular, it is proposed to providethe possibility of extrajudicial recovery of property that is in tax lien when the taxpayer has given written consent.

scholarly journals Rogues, Robbers and Researchers: Robbery of Antiquities and Archaeology under the Present Legal Situation (Frankfurt am Main, Germany, May 5, 2007)

2008 ◽  
Vol 15 (4) ◽  
pp. 407-408 ◽  
Author(s):  
Kurt Siehr
Keyword(s):  
Legal Aspects ◽  
Cultural Property ◽  
Archaeological Sites ◽  
Legal Regime ◽  
Frankfurt Am Main ◽  
Cultural Objects ◽  
Mediterranean Countries ◽  
Legal Situation ◽  
Art Dealers ◽  
Unesco Convention

The Institute for Archaeological Studies of the Johann Wolfgang Goethe-University of Frankfurt am Main, Germany, organized a conference on legal issues concerning archaeology and theft of antiquities. This meeting was stimulated by the German statute (Kulturgüterrückgabegesetz version of May 18, 2007) implementing the UNESCO convention of November 14, 1970, the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. Archaeologists are afraid that the new legal regime might encourage thieves and art dealers to localize their activities in Germany. Michael Müller-Karpe of the Roman-Germanic Central Museum in Mainz, Germany, articulated these fears. Five reports on tomb robbery in Africa (Peter Breunig), Europe (Rüdiger Krause), Mediterranean countries (Hans-Markus von Kaenel, Wulf Raeck), and the Near East (Jan-Waalke Meyer) gave a bleak picture of contemporary dangers to archaeological sites and archaeological objects. Kurt Siehr gave the paper, “Legal Aspects of the Protection of Cultural Property,” stressing that the ratification and implementation of the 1970 UNESCO convention will improve the protection of cultural property in Germany. However, he also emphasized that the implementing statute could have provided stronger measures: Germany should ratify the UNIDROIT Convention of June 24, 1995, on Stolen or Illegally Exported Cultural Objects as already urged by most German archaeologists and museums.

scholarly journals SUI GENERIS DALAM PENGGUNAAN GEO STATIONARY ORBIT BERDASARKAN PRINSIP DAN HUKUM RUANG ANGKASA

2020 ◽  
Vol 3 (2) ◽  
pp. 163-178
Author(s):  
Dwi Putri Sartika Alamsyah ◽  
Slamet Suhartono ◽  
Krisnadi Nasution
Keyword(s):  
Developing Countries ◽  
International Law ◽  
Legal Aspects ◽  
Legal Regime ◽  
Space Law ◽  
Legal Regimes ◽  
The Relationship

AbstractThe purpose of this research is to produce a review related to the exertion of Sui generis Regime in the utilization of Geo Stationary Orbit based on the principles of space law which are examined by comparison of laws and needs between developed and developing countries. This provision was made to provide legal substance related to technical matters and exertion related to the exploration of existing territories in space encompassing the Geo Stationary Orbit slot, and spacecraft  skimming. Developing countries strive to be determined "distinctive legal regime" (Sui Generis Regime) against the Geo Stationary Orbit (GSO) which is a specialty or specificity of existing international legal regimes or has previously been regulated in order not to become a stand-alone law. Research used a normative research using Normative Juridical methods namely by conducting an assessment related to legal aspects or the existence of regulations regarding space surrounding the responsibility of the problem. This is done to obtain data and to be able to analyze the sui generis regime on the exertion of geostationary orbits by Indonesia. The research is more concern related reviews special legal regime on the use of orbital slots which will experience challenges both in juridical and non-juridical terms, with the relationship between international law, this happened because there was no principium load, canon rule, and technical mechanism towards the 1967 space rules amendment. The uncertainty of these rules, especially in the utilization of Geo Stationary Orbit is used as a guideline for the need for the Sui Generis Regime as a regulation for the utilization of GSO which is inseparable from the principiums of space law. This is strengthened to provide benefits in terms of juridical and non-juridical aspects in the use of Geo Stationary Orbit. And aims to use space fairly and toward the interest of every humanity now or future.Keyword: geo stationary orbit; sui generis regime; the principle of spaceAbstrakTujuan [enelitian yaitu untuk menghasilkan ulasan terkait penggunaan Sui generis Regime dalam penggunaan Geo Stationary Orbit berdasarkan prinsip-prinsip hukum ruang angkasa yang dikaji dengan perbandingan hukum dan kebutuhan antara negara maju dengan negara berkembang. Ketentuan ini dibuat untuk memberikan subtansi hukum terkait hal-hal teknis dan penggunaan terkait ekplorasi wilayah yang ada di antariksa melingkupi slot Geo Stationary Orbit, serta peluncuran wahana antariksa. Negara-negara berkembang lebih mengupayakan agar dapat ditetapkannya “suatu rezim hukum khusus” (Sui Generis Regime) terhadap Geo Stationary Orbit (GSO) yang merupakan spesialisasi atau kekhususan dari rezim hukum internasional yang telah ada atau telah mengatur sebelumnya agar tidak menjadi hukum yang berdiri sendiri. Penelitian yang digunakan adalah penelitian normatif dengan menggunakan metode Yuridis Normatif yaitu dengan melakukan pengkajian terkait aspek hukum atau adanya regulasi tentang ruang angkasa melingkupi tanggung jawab permasalahan. Hal ini dilakukan untuk mendapatkan data dan agar dapat melakukan analisa sui generis regime terhadap pemanfaatan orbit geostationer oleh Indonesia. Penelitian lebih membahas ulasan terkait rezim hukum khusus berkaitan pemanfaatan  pada slot orbit akan mengalami tantangan baik dalam segi yuridis maupun non yuridis, dengan keterkaitan antara hukum internasional, hal ini terjadi karena tidak adanya muatan prinsip, aturan norma dan mekanisme teknis pada amandemen aturan luar angkasa 1967. Tidak tegasnya aturan tersebut terutama dalam penggunaan Geo Stationary Orbit dijadikan sebagai pedoman untuk perlunya Sui Generis Regime sebagai aturan penggunaan GSO yang tidak lepas dari prinsip-prinsip hukum ruang angkasa. Hal ini dikuatkan untuk memberikan keuntungan dari segi yuridis dan dari segi non yuridis dalam penggunaan Geo Stationary Orbit. Serta bertujuan untuk pemanfaatan ruang angkasa yang adil dan untuk kepentingan seluruh umat manusia sekarang ataupun masa yang akan datang.Kata kunci: geo stationary orbit; prinsip ruang angkasa; sui generis regime

scholarly journals Medical Applications of Artificial Intelligence (Legal Aspects and Future Prospects)

Laws ◽  
2021 ◽  
Vol 11 (1) ◽  
pp. 3
Author(s):  
Vasiliy Andreevich Laptev ◽  
Inna Vladimirovna Ershova ◽  
Daria Rinatovna Feyzrakhmanova
Keyword(s):  
Artificial Intelligence ◽  
High Efficiency ◽  
Modern Society ◽  
Legal Regulation ◽  
Legal Aspects ◽  
The State ◽  
Future Prospects ◽  
Legal Regime ◽  
Legal Personality ◽  
Gradual Introduction

Background: Cutting-edge digital technologies are being actively introduced into healthcare. The recent successful efforts of artificial intelligence in diagnosing, predicting and studying diseases, as well as in surgical assisting demonstrate its high efficiency. The AI’s ability to promptly take decisions and learn independently has motivated large corporations to focus on its development and gradual introduction into everyday life. Legal aspects of medical activities are of particular importance, yet the legal regulation of AI’s performance in healthcare is still in its infancy. The state is to a considerable extent responsible for the formation of a legal regime that would meet the needs of modern society (digital society). Objective: This study aims to determine the possible modes of AI’s functioning, to identify the participants in medical-legal relations, to define the legal personality of AI and circumscribe the scope of its competencies. Of importance is the issue of determining the grounds for imposing legal liability on persons responsible for the performance of an AI system. Results: The present study identifies the prospects for a legal assessment of AI applications in medicine. The article reviews the sources of legal regulation of AI, including the unique sources of law sanctioned by the state. Particular focus is placed on medical-legal customs and medical practices. Conclusions: The presented analysis has allowed formulating the approaches to the legal regulation of AI in healthcare.

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