scholarly journals Prawo sędziowskie na Węgrzech

2018 ◽  
Vol 2 (2) ◽  
pp. 6-21
Author(s):  
Antal Visegrády
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Positive Impact ◽  
Civil Law ◽  
Labor Law ◽  
Fundamental Principle ◽  
Judicial Activism ◽  
Law System ◽  
Civil Law System

Currently, there is a big discussion about judicial activism in continental legal systems. This phenomenon is rather negatively described, as the breaking the fundamental principle of separation of powers.In this paper, it will be demonstrated that, although Hungary belongs to civil law system, where judges are not allowed to be a lawmakers, actually they do make law. In Hungarian law, there is a great number of cases when judges evidently make law. What is more, their activism has a very positive impact on the whole legal system; judges make law more just and uniform, and at the same time enhance its certainty.In the following parts of the paper, it will be described the lawmaking role of judges, particular inlegal fields such as: civil law, criminal law, labor law etc.

ON THE QUESTION OF THE STRUCTURE OF INHERITANCE LAW

2021 ◽  
Vol 14 (2) ◽  
pp. 59-67
Author(s):  
EKATERINA KHODYREVA ◽  
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Central Place ◽  
Legal Regulation ◽  
Inheritance Law ◽  
Law System ◽  
Legal Norms ◽  
The Subject ◽  
The Right ◽  
Civil Law System

In the present article, the author considers various doctrinal judgments on the question of what constitutes inheritance law and what place it occupies in the legal system. The purpose of the research is to determine the structural divisions of the sub-branch of inheritance law and substantiate the view on the recognition of inheritance law as a sub-branch of civil law with the designation of its inherent institutions and subinstitutions. Results. Based on the results of the study, the author came to the conclusion that inheritance law, taking into account the content of the legal norms forming it, can only be recognized as a sub-branch of civil law. There are no sufficient grounds to consider inheritance law as an institution of civil law or as an independent legal branch as a structural unit of the legal system. Due to the subject of legal regulation, inheritance law is separated from other sub-sectors in the civil law system. Taking into account the specifics of the subject and method of legal regulation, the sub-branch "inheritance law" is subject to further differentiation into its constituent institutions and sub-institutes. It is concluded that it is necessary to distinguish five main institutions within the studied sub-sector, the central place among which belongs to the institute of inheritance law. The legal norms of this institution are currently dispersed in separate chapters of section V of the Civil Code of the Russian Federation and cover the specifics of regulating both hereditary and some related legal relations. It is this diversity to be included in the Institute of law of inheritance relations allows to conclude on the need for it subinstitute three: hereditary sub instructions, sub succession and sub the exercise of the right of inheritance.

scholarly journals A Two-Stage Classifier That Identifies Charge and Punishment under Criminal Law of Civil Law System

2014 ◽  
Vol E97.D (4) ◽  
pp. 864-875 ◽  
Author(s):  
Sotarat THAMMABOOSADEE ◽  
Bunthit WATANAPA ◽  
Jonathan H. CHAN ◽  
Udom SILPARCHA
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Two Stage ◽  
Law System ◽  
Civil Law System

The Push for Precedent in Russia's Judicial System

2012 ◽  
Vol 37 (1) ◽  
pp. 1-30 ◽  
Author(s):  
Max Gutbrod ◽  
William Pomeranz
Keyword(s):  
Separation Of Powers ◽  
Civil Law ◽  
Judicial Independence ◽  
Judicial System ◽  
Court Decisions ◽  
Law System ◽  
Practical Standpoint ◽  
Anglo American ◽  
Civil Law System

AbstractRussia is currently undergoing a spirited public debate over the role of precedent in a civil-law system. This article examines this debate from a theoretical and practical standpoint, exploring the nature of Russian court decisions and the extent to which they correspond to the Anglo-American theory of precedent. The article further analyzes how the Russian Higher Arbitrazh Court has carved out a narrow right to issue binding precedent and how this authority could impact Russia's civil-law understanding of such concepts as separation of powers and judicial independence.

scholarly journals Pengaruh Islamic Law System Terhadap Hukum Ekonomi Indonesia

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
Tutik Nurul Janah
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Legal System ◽  
Islamic Law ◽  
Civil Law ◽  
Islamic State ◽  
Law System ◽  
Legal Norms ◽  
Economic Law ◽  
Civil Law System

Islamic Law System is generally applied in Islamic countries. An Islamic state is a country that uses Islamic law as the formal law of the state. Indonesia is a country with a dominant legal system using the Civil Law System. However, despite the dominant use of the Civil Law System, the Islamic Law System is also quite influential in Indonesia, especially in Privat law and economic law. The influence of the Islamic Law System in Indonesian economic law can be seen from the passing of the Law on Sharia Banking and other Legislation relating to Islamic economics. The dynamics of the speed of the needs of economic actors for legislation makes economic law the most dynamic field of law among other fields of legal study. Nevertheless, the legal norms must not be in conflict with human rights and humanity in order to achieve social justice for all Indonesian people.

scholarly journals Inheritance Laws in Indonesia

2017 ◽  
Vol 1 (2) ◽  
pp. 99
Author(s):  
Irawaty Irawaty ◽  
Diyantari Diyantari
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Civil Law ◽  
Inheritance Law ◽  
Law System ◽  
The People ◽  
System 2 ◽  
Religious Nation ◽  
Civil Law System ◽  
Adat Law

Indonesia implements civil law system. There are three sub legal systems which are implemented until today. They are: positive/national law system, Islamic law system, and Adat law system. The majority of Indonesians are Islamic believers. The people claim that they are a religious nation. However, the implementation of the inheritance law in accordance with the Islamic law and the Adat law is sometimes different. One of the ethnic groups which has different regulation in heritance is Minangkabau. Minangkabau inheritance adat law has been a controversy. It is because while they claim that all Minangkabau people are Islam, they implement an inheritance law that is said as violating the Islamic inheritance law. In Islam, inheritance is passed down to children, both daughter(s) and son(s)  with the composition son(s) inherits two parts compared to daugther(s). Many people  mislead that the Minangkabau inheritance law passes down the inheritance to daughter(s) only. This paper discusses: 1) how are inheritance matter regulated in each of the aforementioned sub legal system? 2) how is inheritance matter regulated in Minangkabau ethnic group?    

scholarly journals Attribution of Liability among Multiple Tortfeasors under Negligence Law: Causation in Iran and England

2016 ◽  
Vol 9 (7) ◽  
pp. 219
Author(s):  
Elyas Noee ◽  
Mohammad Noee ◽  
Azadeh Mehrpouyan
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Tort Law ◽  
Legal Systems ◽  
Law System ◽  
Common Law System ◽  
Negligence Law ◽  
Civil Law System

“Causation” possesses a considerable place in tort law of Iran and England particularly in the field of Negligence law. Existing differences in legal systems of Iran (as a Civil Law system) and England (as a Common Law system) make find a common perspective difficult to study causation but possible. This research focuses to compare causation in cases where more than one tortfeasors is involved in inflicting damage by negligence. This study also attempts to recognize differences and similarities between Iran and England in order to resolve ambiguities in Iran legal system through England legal system. The study was conducted in three sections including tortfeasors’ indenpendancy, tortfeasors’ contribution, and tortfeasors’ separate impact. This paper reports respectively: in case of tortfeasor independency, Iran law admits jointly and severally liability while England law offers a variety of approaches in various cases; in case of tortfeasors’ contribution, each tortfeasor is liable according to its effect on causing damage with few exceptions; and in case of tortfeasors’ separate impact, per tortfeasor is liable for inflicted damage which is only from oneself side. The results show England law can be considered to filling legal gap of Iran law regarding present identified differences and similarities.

“A Refractory and Turbulent Spirit”: Origins of Mississippi Law

2019 ◽  
pp. 10-34
Author(s):  
Joseph A. Ranney
Keyword(s):  
United States ◽  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
The United States ◽  
Economic Opportunity ◽  
Law System ◽  
Legal Code ◽  
The Common ◽  
Civil Law System

Mississippi operated under a civil-law system for more than a century as a French and Spanish colony, a system very different from the common-law system that replaced it after the United States acquired Mississippi. Important elements of civil law were preserved in the new territory’s law and in its first legal code, created by governor Winthrop Sargent (1798-99). After statehood (1817) political power shifted away from Natchez planters and merchants to the small planters and farmers who settled the rest of the state. Mississippi’s legal system likewise evolved from one that favored the Natchez aristocracy to one based on popular democracy and the promotion of economic opportunity. The state’s second constitution (1832) vividly expressed these ideals.

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