scholarly journals LEGAL INHERITANCE IN FRANCE AND IN ALBANIA: COMMON ELEMENTS AND COMPARATIVE ASPECTS OF SUCCESSION TRADITIONS

2014 ◽  
Vol 8 (2) ◽  
Author(s):  
Nertila Sulçe
Keyword(s):  
Property Rights ◽  
Political Change ◽  
Civil Code ◽  
Common Elements ◽  
Natural Death ◽  
The Third ◽  
The Will ◽  
The Republic ◽  
To Receive ◽  
Civil Death

Inheritance begins with the birth of ownership, and continues with property rights. Inheritance is an ancient tradition, which the Romans recognized in the Twelve Tables (303 BC), in their priority of testamentary rights. Such principles have their origin in a primitive community, although, at that time, there were no genuine inheritance rights. Inheritance is the practice of passing on property, titles, debts, rights, and obligations upon the death of an individual, named the deceased (the person who dies), to the heir, who is the person entitled to receive a share of the deceased's property. This is an action of mortis causa, which happens due to the death of the deceased. The study of inheritance creates interest, because it relates to the law from the time of the deceased’s death, despite the advent of any disagreement. Inheritance by law is applied in cases when the person leaving the inheritance has not made a will, or has made a will only for a part of their property, or when the will is declared invalid. The inheritance initiates, when the deceased dies by natural death or civil death. It initiates in the place where the deceased had their last residence. The major economic and political change that occurred in Albania after the fall of the communist dictatorship, was on 1 November 1994, with the enactment of the Civil Code for the Republic of Albania. The third section and articles 316-418 of this code deal with inheritance. The French Civil Code was published on 21 March 1804. In this, the third book covers different modes of acquiring property, and under the title of “Successions” deals with inheritance, from article 718 onwards. The French and Albanian inheritance traditions share similarities and disparities. In this paper, we discuss and compare these two inheritance instruments.

UPOREDNI PRIKAZ HRVATSKOG I SLOVENAČKOG PRAVA GRAĐENjA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan
Keyword(s):  
Property Rights ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Third ◽  
Conceptual Definition ◽  
The Subject ◽  
The Republic ◽  
Construction Law ◽  
Definition Of ◽  
The Right

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.

BIERNA STRONA ZDOLNOŚCI DO CZYNNOŚCI PRAWNYCH

2021 ◽  
pp. 67-80
Author(s):  
Maciej Giaro
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Capacity To Act ◽  
The Will ◽  
To Receive

The paper elaborates the problem of the passive side of capacity to act which consists in the ability to receive (or to be an addressee of) the will declarations. Given the absence of an explicit regulation in the Polish civil code, the passive side of capacity to act has lost its attribute of a doctrinal evidence. However, the capacity to act should not be understood in a popular way limiting this concept to its active side only. Such an understanding generates in fact a grievous gap in the Polish civil law.

scholarly journals National And Foreign Experience In Determining The Conclusion Of Civil Law Contracts

2021 ◽  
Vol 3 (05) ◽  
pp. 22-28
Author(s):  
Abdullayev Nurulla Abdulla O'g'li ◽  
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Civil Code ◽  
Foreign Experience ◽  
Freedom Of Contract ◽  
Specific Event ◽  
The Will ◽  
The Republic ◽  
Legal Fact ◽  
Market Relations

The emergence of rights and obligations between citizens and legal entities is based on a specific event or phenomenon. Such events are called legal facts in civil law. Article 8 of the Civil Code of the Republic of Uzbekistan lists the types of such legal facts, according to which civil rights and duties arise from contracts and other agreements provided by law, as well as from contracts and other agreements that do not contradict the law. The contract and its structure are the basis for the creation of civil rights and obligations as a legal fact. The conclusion of a contract is primarily an expression of the will of the parties. [3] This article describes in detail the concept of contract and its importance in the context of market relations, the types and content of contracts, the conclusion of contracts, freedom of contract.

CONDITIONS FOR THE EXERCISE OF THE RIGHT TO PRIVATE PROPERTY: DE YURE / DE FACTO

2021 ◽  
Vol 6 (5) ◽  
pp. 31-39
Author(s):  
Alisher Borotov ◽  
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Civil Code ◽  
The Republic ◽  
The Right

The article is devoted to the right to private property and the conditions for its implementation, which explains that ownership is not only a right, but also a duty, a responsibility. Therefore, Article 172 of the Civil Code of the Republic of Uzbekistan states that these conditions are specially normalized. And throughout the article, these terms are explained in de jure / de facto perspective.At the end of the article, the new version of the draft Civil Code of the Republic of Uzbekistan provides suggestions for improving Article 198 of the "Conditions for the exercise of property rights".

Guarantees of the rights of heirs in the imposition of non-material obligations on them by will

2021 ◽  
pp. 75-79
Author(s):  
A. Kiryk
Keyword(s):  
Property Rights ◽  
Civil Code ◽  
Property Relations ◽  
Intangible Benefits ◽  
The Will ◽  
Definition Of ◽  
The Right ◽  
The Cost ◽  
Mixed Property

The article examines the issue of assigning non-property obligations to testamentary heirs. Inheritance relations, for the most part, are property relations carried out by heirs through the performance of rights and obligations in respect of material assets left by the testator (apartments, land, cars, etc.). However, the civil legislation of Ukraine provides for a rule on the imposition of non-material obligations on the heirs. Since, according to the Civil Code of Ukraine, the inheritance consists only of property obligations, the testator, being deprived of the opportunity to transfer personal non-property rights and obligations to the heirs, has the right to oblige the heirs to perform non-property actions. It was found that the Laws of the XII Tables contained provisions that in the event of his death, the testator may dispose of non-property rights. n this context, it should be recognized that the views of those authors who believe that a will is not only a disposition of property, but also a disposition of other tangible or intangible benefits in the event of death, are successful. It has been established that the imposition of non-material duties to perform certain actions aimed at achieving a socially useful goal are separate testamentary dispositions. The classification of liabilities aimed at achieving a socially useful goal on property and non-property is substantiated. The definition of the concept of “socially useful activity” is offered. It is determined that posthumous orders of a non-property nature are of a mixed, property-nonproperty nature. It is established that the guarantee of the rights of heirs who are obliged to perform certain actions of a non-material nature is that the cost of these obligations should not exceed the value of the inherited property, and therefore the will will not have legal force if it does not have at least one property order.

scholarly journals Regulations on the ownership of land and buildings in Indonesia

2018 ◽  
Vol 19 (1) ◽  
pp. 136-141
Author(s):  
NURTI WIDAYATI ◽  
IAN NURPATRIA SURYAWAN ◽  
SRI VANDAYULI RIORINI
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Land Ownership ◽  
Civil Code ◽  
Government Agencies ◽  
Task Execution ◽  
Agrarian Law ◽  
The Republic ◽  
The Government ◽  
Ownership Of Land

Before applicable Agrarian Law no. 5/1960, Indonesia apply two legal system in trouble land, namely based on Adat Law (Hukum Adat) and Civil Code (KUH Perdata). After applicable the Agrarian Law, Civil Code books part II still remain in force to the extent of land ownership as a motionless object (benda tak bergerak). Status of land ownership are divided into : property rights/Hak Milik (article 20 Agrarian Law), Hak Guna Usaha (article 28 Agrarian Law), Hak Guna Bangunan (article 35 Agrarian Law) and Hak Pakai (article 41 Agrarian Law). On article 19 Agrarian Law, explained that registration of land held by the Government of the Republic of Indonesia through the national land Agency and the task execution registration is done by the Head Office of the land in these areas, where the land registry implementation conducted by the head of Office assisted by land deed official (Pejabat Pembuat Akta Tanah/PPAT) and other officials who are assigned to perform a particular activity. According to article 21 paragraph (1) Agrarian Law, who can do the registration of property rights over land are citizens of Indonesia, as well as legal entities such as banks, government agencies and religious charities.  

BALBIR MADHOPURI. KORE KĀĠAZ KĪ GAHRĪ LIKHAT / INSCRIPTIONS ON A TENDER MIND (A CHAPTER FROM CHĀNGIĀ RUKH / AGAINST THE NIGHT)

2020 ◽  
pp. 249-264
Author(s):  
A. V. Bochkovskaya ◽  
Keyword(s):  
Everyday Life ◽  
Social Activist ◽  
Good Education ◽  
Social Oppression ◽  
The Third ◽  
Home Village ◽  
To Receive

The commented translation from Hindi of a chapter from the Chāṅgiā rukh (Against the Night) autobiography (2002) by Balbir Madhopuri, a renowned Indian writer, poet, translator, journalist and social activist, brings forward episodes from the life of low-caste inhabitants of a Punjab village in the 1960–1970s. Following the school of hard knocks of his childhood in the chamar quarter of Madhopur, a village in Jalandhar district, Balbir Madhopuri managed to receive a good education and take to literature. In 2014 he was awarded the Translation Prize from India’s Sahitya Academy for contribution to the development and promotion of Punjabi, his mother language. Narrating the story, Balbir Madhopuri shares memories, thoughts and emotions from early days that determined his motivations to struggle against poverty, deprivation and injustice. The chapter Kore kāġaz kī gahrī likhat (Inscriptions on a Tender Mind [Madhopuri, 2010]) tells readers about joys and sorrows, hopes and fears, delights and regrets that were part of his childhood in Madhopur. Scenes from everyday life in the home village, episodes highlighting complex relations between its inhabitants — predominantly Sikhs and Hindus — intertwine with Balbir Madhopuri’s reflections on social oppression and caste inequality that still remain in contemporary India’s society. This commented translation is the third in a series of four chapters from Balbir Madhopuri’s autobiography scheduled for publication in this journal in 2020.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

Contracts for the Benefit of Third Parties Under the Taiwan Civil Code

2018 ◽  
Author(s):  
Sheng-Lin JAN
Keyword(s):  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Legal Relationship ◽  
The Third Party ◽  
Privity Of Contract

This chapter discusses the position of third party beneficiaries in Taiwan law where the principle of privity of contract is well established. Article 269 of the Taiwan Civil Code confers a right on the third party to sue for performance as long as the parties have at least impliedly agreed. This should be distinguished from a ‘spurious contract’ for the benefit of third parties where there is no agreement to permit the third party to claim. Both the aggrieved party and the third party beneficiary can sue on the contract, but only for its own loss. The debtor can only set off on a counterclaim arising from its legal relationship with the third party. Where the third party coerces the debtor into the contract, the contract can be avoided, but where the third party induces the debtor to contract with the creditor by misrepresentation, the debtor can only avoid the contract if the creditor knows or ought to have known of the misrepresentation.

scholarly journals Challenging the State: Devolutionary Tenure Transitions for Saving and Expanding Forests

Human Ecology ◽  
2021 ◽  
Author(s):  
Liz Alden Wily
Keyword(s):  
Rural Communities ◽  
Property Rights ◽  
Protected Areas ◽  
Forest Cover ◽  
Biological Diversity ◽  
Convention On Biological Diversity ◽  
Property Relations ◽  
The Will ◽  
Customary Land

AbstractI address a contentious element in forest property relations to illustrate the role of ownership in protecting and expanding of forest cover by examining the extent to which rural communities may legally own forests. The premise is that whilst state-owned protected areas have contributed enormously to forest survival, this has been insufficiently successful to justify the mass dispossession of customary land-owning communities this has entailed. Further, I argue that state co-option of community lands is unwarranted. Rural communities on all continents ably demonstrate the will and capacity to conserve forests – provided their customary ownership is legally recognized. I explore the property rights reforms now enabling this. The replication potential of community protected forestlands is great enough to deserve flagship status in global commitments to expand forest including in the upcoming new Convention on Biological Diversity (CBD).

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