Navigating dual legal systems: Islamic inheritance law in Australia's secular legal framework

2021 ◽  
Author(s):  
◽  
Brooke Thompson
Keyword(s):  
Legal Framework ◽  
Legal Systems ◽  
Inheritance Law

A Comparative Study of International Maritime Conventions: Italian and Greek Perspectives

2017 ◽  
Vol 4 (2) ◽  
pp. 176-203
Author(s):  
Christina Zournatzi
Keyword(s):  
Comparative Study ◽  
Civil Law ◽  
Legal Framework ◽  
Legal Systems ◽  
Member States ◽  
Expert Analysis

This paper brings together a comparative study alongside expert analysis of the most important International Maritime Conventions of interest to two European Member States with extensive and significant maritime traditions, Italy and Greece. Initially the general legal framework of these two States with civil law systems is pointed out, followed by an analysis of the most influential and eminent maritime Conventions that have been implemented in the States’ legal systems. The Conventions on salvage, arrest of ships, maritime liens and mortgages and limitation of liability are considered and scrutinised. The methods and the legislative actions that the States adopted for the International rules to become part of their national legislative systems are examined thoroughly.

scholarly journals THE ROLE OF JUDICIAL PRACTICE IN THE LEGAL SYSTEM: RUSSIAN EXPERIENCE IN THE WORLD CONTEXT

2017 ◽  
pp. 40-49 ◽  
Author(s):  
Виктор Момотов ◽  
Viktor Momotov
Keyword(s):  
Legal System ◽  
Negative Attitude ◽  
Case Law ◽  
Legal Framework ◽  
Legal Systems ◽  
Legal Norms ◽  
Judicial Practice ◽  
The Usa ◽  
Anglo American

In Russian legal science there is a wide-spread belief according to which legal precedents are not sources of Russian law, because Russian legal system forms a part of continental legal system. Various researchers believe that judicial practice does not contain legal norms and consequently case law is not a component of Russian legal framework. The present paper contains the theoretical and historical legal research of the place and role of case law in Anglo-American and continental legal systems. It’s shown that for long historical periods legal precedents were recognized as sources of law not only in Great Britain and the USA, but also in major European legal systems, while at the present time differentiation of legal systems with respect to their attitude towards case law is becoming outdated. Furthermore, based on the research of various legal scholars’ traditions (principally of the positivistic and the sociological traditions) this article demonstrates that negative attitude towards case law is largely determined by the formalistic and obsolete understanding of the term ”source of law”, coming from the misinterpretation of positivism. The paper also presents the current development trends of case law as a source of law. In particular the article outlines the proactive interpretations of new statutory provisions issued by the Plenum of the Supreme Court of the Russian Federation, the global uniqueness of such interpretations and the influence of scientific–technological progress and public needs on the highest court’s interpretations. The mutual interference of case law and statutory law is shown.

scholarly journals TESTAMENTARY DISPOSITIONS IN THE CONTEXT OF GLOBAL PANDEMIC

2021 ◽  
Author(s):  
Marko Stilinović
Keyword(s):  
Comparative Analysis ◽  
Comparative Method ◽  
Legal Framework ◽  
Traditional Methods ◽  
Inheritance Law ◽  
New Normal ◽  
New Methods ◽  
Global Pandemic ◽  
Rapid Spread ◽  
Technological Developments

The outbreak and the rapid spread of global COVID-19 pandemic have put significant strains on the institutions. The need to adapt to “new normal” and contain the rapid spread of disease, while maintaining a functional society, resulted with introduction of numerous new legal mechanisms and adaptation of the existing ones. However, it seems that one area of law remains on the fringes: the regulation of wills. Even before the start of the pandemic many authors often pointed to the fact that the current legal framework does not follow modern technological developments, but no significant attempts were made to overhaul the inheritance law. Also, once the pandemic started in its full, there were no references to introduction of extraordinary mechanisms or new legal solutions to overcome the potential difficulties in forming wills. Comparative analysis yielded no better results: although some countries (such as Austria) recently completely overhauled their regulation of inheritance law, it seems that no attempts were made to introduce new types of wills or new methods of drafting wills into their regulations. Furthermore, following the spread of the pandemic, increasing number of potential testators find themselves unable to use traditional methods of drafting wills as they, or the authorized persons tasked with assistance and creation of wills, remain isolated from one another due to various reasons (lock-downs, isolation in case of experiencing symptoms, etc.). Having in mind these circumstances, it is necessary to ascertain whether there is a genuine need to introduce new types of wills into existing legal framework, or to adapt the current legal framework by facilitating the communication between citizens and the institutions. Also, it is necessary to analyze whether the interpretation of the existing legal framework enables the introduction of certain facilitating mechanisms. In order to reach these goals and clarify the possibilities within the current legal framework, interpretative and comparative method are used.

scholarly journals Gender Disparities in Tanzania: Legal Framework Vis-a Vis Practice

2020 ◽  
Vol 5 (7) ◽  
pp. 679-690
Author(s):  
Sr.Ester JohnKilatu ◽  
Daniel Kulwa
Keyword(s):  
Gender Gap ◽  
Legal Framework ◽  
Gender Disparities ◽  
Legal Regime ◽  
Inheritance Law ◽  
Legal Reforms ◽  
Writing Practices ◽  
Marriage Laws ◽  
Health Rights ◽  
International Conventions

Gender disparities exist since antiquity. There has been inequality based solely on gender in various aspects of life usually in favour of men. Such inequalities are evident in employment, earning, education, leadership, land ownership, language use, religion, health rights and decision making. Tanzania like any other countries has incorporated gender in various legal instruments, policies, institutions and various strategies that have been employed to replicate gender gap in the country. It has been noted that life has been stratified by system of oppression and privileges. Throughout history women have been confined to uninvisible, unpaid and undervalued work. 1Accordingly, we cannot eliminate gender disparities unless the community is convinced and ready to embrace new practices. Furthermore, it has been observed that Tanzania has undergone major legal reforms to mitigate gender disparities. The Land legal regime provide for women safeguard, though such right cannot be realized as patriarchal practices places women to a disadvantaged position, besides, inheritance and marriage laws are still weak and discriminate against women thus, diversely affect their land rights. It is recommended that ‘will’ writing practices and willingness of the court to honor and enforce the law may mitigate the problem since reform on inheritance law has been proved ineffective. Therefore, this article discusses the patterns of disparities in the legal framework concerning women vis-a vis its practices blatantly inconsistent with the principles of equality and non-discrimination and the spirit of the constitution and international conventions which Tanzania signed without reservation.

scholarly journals ADAT AND SHARIAH IN THE INHERITANCE LAW OF THE PEOPLES OF DAGESTAN

2020 ◽  
Vol 15 (4) ◽  
pp. 586-601
Author(s):  
Ramazan S. Abdulmajidov ◽  
Larisa K. Tuptsokova
Keyword(s):  
Real Estate ◽  
Mutual Influence ◽  
Legal Culture ◽  
Legal Systems ◽  
North Caucasus ◽  
Inheritance Law ◽  
The North ◽  
Heated Debate ◽  
A Priority ◽  
The Law

The article is devoted to the study of the interaction and mutual influence of the Adat and Sharia in the inheritance law of the peoples of Dagestan. Researchers of the legal culture of the peoples of the North Caucasus often made mistakes when considering this sphere of legal relations, in connection with which attention is drawn to the most characteristic of them. The inheritance law of the peoples of Dagestan was based on a certain symbiosis of two legal systems - adat and Sharia. In this regard, the article reveals the order of inheritance under Muslim law, analyzes the norms of inheritance law contained in the Dagestan collections of adat. Widely considered issues that caused the most heated debate, for example, depriving women of the share of real estate and the use of “Nazra” in the division of inheritance. An analysis of the norms of the adat, fixed in the Dagestan legal monuments, regulating inheritance relations, allows us to conclude that, despite the long confrontation between the adat and the Sharia in this area, the establishment of the latter was of a priority nature. Nevertheless, the socio-economic realities also predetermined the use of the norms of the law of adat, which is still the case today.

Legal Framework for Industrial Hubs

2020 ◽  
pp. 966-984
Author(s):  
Won Kidane ◽  
Belachew M. Fikre
Keyword(s):  
Economic Policy ◽  
Best Practices ◽  
Parallel Systems ◽  
Legal Framework ◽  
Legal Systems ◽  
General Applicability ◽  
Origin And Evolution ◽  
Wide Range ◽  
The Law ◽  
Legal Frameworks

Industrial hubs, as instruments of economic policy, are unapologetic creations of the law. They take different forms but are essentially realized through a regime of waivers and exceptions to the rules of general applicability. The legal framework, quintessentially domestic in nature, is an embodiment of the Latin maxim lex specialis derogat legi generali. The lex specialis is ipso facto a function of each domestic system. Any exposition of the institutional and legal framework of industrial hubs is thus necessarily an appraisal of a series of parallel systems of law in varied jurisdictions representing a wide range of legal systems. The fundamental commonalities of the features of this regime of waivers and exceptions do, however, permit a systematic and unified appraisal. This chapter identifies the conceptual origin and evolution of the institutional and legal frameworks of industrial hubs, evaluates their function in a comparative context, and assesses the extent of harmonization across jurisdictions and the possible emergence of some useful transnational best practices.

The Impact of the GDPR on Extra-EU Legal Systems

2020 ◽  
pp. 224-237
Author(s):  
Maria Casoria ◽  
Eman Mahmood AlSarraf
Keyword(s):  
United Arab Emirates ◽  
Data Protection ◽  
Arabian Gulf ◽  
Personal Data ◽  
Legal Framework ◽  
Legal Systems ◽  
General Data Protection Regulation ◽  
Personal Data Protection ◽  
Data Protection Law ◽  
Regional Organisation

The chapter discusses the influence of the General Data Protection Regulation (GDPR) on legal systems extra-EU and particularly the Kingdom of Bahrain, country member to a regional organisation located in the Arabian Gulf denominated Gulf Cooperation Council (GCC), which is exclusive to six states (i.e., Saudi Arabia, United Arab Emirates, Oman, Qatar, and Kuwait in addition to Bahrain). Amongst these countries, Bahrain is the only one that has recently enacted its own separate Personal Data Protection Law (PDPL) mostly resembling the GDPR due to the ever-increasing commercial relationship with business undertakings in Europe. Moreover, the adoption of the data protection law counts as a huge leap forward taken by the kingdom in reforming its legal framework, since it is the state's striving strategy to grow into a midpoint for data centre, just on time for the launch of data centres opening in Bahrain that are endorsed by Amazon Web Services.

EVIDENCE AND PROOF IN CIVIL PROCEDURE LAW OF UKRAINE: COMPLIANCE WITH INTERNATIONAL STANDARDS

2018 ◽  
Author(s):  
Anton Busakevych ◽  
◽  
Oleksandr Pryvydentsev ◽  
Keyword(s):  
Human Rights ◽  
National Level ◽  
Legal Framework ◽  
Civil Procedure ◽  
International Standards ◽  
Legal Systems ◽  
Global Trends ◽  
European Court ◽  
Civil Proceedings ◽  
Evidence And Proof

The article is devoted to the consideration of the legal nature of the institution of proof in civil proceedings and the compliance of national norms with international standards. The legislative definition of the concept of evidence, enshrined in the Civil Procedure Code of Ukraine, is analyzed and some features of evidence in foreign countries are considered. The authors note that in order to conduct an effective comparative analysis of the evidentiary procedure in Ukraine and abroad, it is advisable to study the case law of the European Court of Human Rights, as one of the main institutions whose jurisdiction extends to all member states of the Council of Europe and improve national legislation and bring it into line with international standards. It should be noted here that in all legal families the institution of proof is the cornerstone of justice. The development of legal systems was due to the systematic reform of procedural legislation, the creation of new models aimed at meeting the requirements of the time. The European Court of Human Rights, using the traditions and features of common and continental law, has repeatedly stated that the future position of the court in resolving this conflict between the parties and making a reasoned decision depends on the quality and completeness of the evidence presented. The recommendations contained in the court decisions reflect the progressive trends of both legal systems and are aimed at strengthening guarantees of justice at the national level. According to the authors, the foundations have already been laid for the formation of a new perception of the institution of evidence in Ukraine, as its reform took place taking into account European standards of civil proceedings and under the influence of global trends in this area. However, this process is currently incomplete and needs to be intensified with the need to develop clear criteria for assessing evidence at the level of national law, which would apply the court to the case, as is the case in the Anglo-Saxon legal system. The authors draw attention to the fact that today in Ukraine it is appropriate to introduce a "standard of proof" in civil proceedings, i.e. the use of a balance of probability to assess the circumstances of the case. The article also analyzes the gaps in the legislation on the issue raised in the topic of the work, in particular, offers proposals for improving the legal framework of Ukraine to improve the procedure of proof in civil proceedings.

scholarly journals Revocation of will and judicial proceedings for declaring a will ineffective under the Law on Inheritance of Serbia with reference to other contemporary European legal systems

2021 ◽  
Vol 55 (1) ◽  
pp. 143-160
Author(s):  
Jelena Vidić-Trninić
Keyword(s):  
Legal Regulation ◽  
Court Decision ◽  
Legal Systems ◽  
Inheritance Law ◽  
Judicial Proceedings ◽  
The Will ◽  
The Law ◽  
The Right ◽  
Domestic Regulation ◽  
Made In

In Serbian law, a valid will can be revoked based on the will of the testator, more precisely through the revocation of the will or based on a court decision. This paper analyzes the solutions of the Law on Inheritance of Serbia, dedicated to the mentioned ways of revoking a last will, and at the same time examines the legal regulation of that issue in other legal systems in Europe. The author finds that in the realization of the right to revoke a will, the legislation of Serbia undoubtedly affirms the freedom of will, and that in that respect, it is in principle harmonized with the legal solutions observed on European legal soil. In the aspect of the purpose for which it is prescribed, a special advantage of domestic regulation is the possibility of declaring a will ineffective through a court decision. The author further considers that certain solutions that can be found in comparative law, such as the possibility to invalidate testamentary dispositions made in favour of former spouse, could be accepted in Serbian inheritance law as well. Finally, according to the author, some existing legal solutions dedicated to the revocation of wills, need to be specified and completed de lege ferenda, in order to achieve legal certainty.

scholarly journals GRAĐANSKOPRAVNO UREĐENJE DJELATNOSTI LOBIRANJA

2021 ◽  
Vol 37 (2) ◽  
pp. 35-60
Author(s):  
Davorin Pichler
Keyword(s):  
Legal Framework ◽  
Legal Regulation ◽  
Academic Community ◽  
Comparative Approach ◽  
Legislative Process ◽  
Grey Zone ◽  
Legal Systems ◽  
Informal Activity ◽  
The Republic ◽  
Basic Features

The Republic of Croatia does not have a legal framework for regulating lobbying activities. With the adoption of regulations governing lobbying, this informal activity is translated from the “grey zone” into an activity under the “watchful eye” of the competent authorities. Although there is a large amount of professional and scientific literature on the concept and activity of lobbying, it can be noticed that the academic community is much less concerned with the legal institute of lobbying contract, its classification, characteristics and content. The lobbying contract in the wider context of the Croatian science of civil law and legal practice, comprises the features of certain legal transactions, primarily a contract for services / or a mandate contract. The object of performing a lobbying contract is the execution of a lobbying activity, as a rule for a consideration, and in that sense, it represents a specific form of a contract for services. The mandate contract features found in the formation of the lobbying contract will also be emphasized. The paper aims at presenting the basic features of the lobbying contract and emphasizing certain outstanding issues that may arise in any legal regulation of this legal act in the Republic of Croatia. The comparative approach in the paper points to legal solutions applied by legal systems with a long lobbying tradition as a legitimate part of the legislative process. It also points out the plausible solutions that have emerged from the legal systems of predominantly former communist and transition countries, and which are all the more adequate to possible Croatian lobbying contract regulation.

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