scholarly journals The right to dispose of an item of property acquired in marriage

SEEU Review ◽  
2015 ◽  
Vol 11 (2) ◽  
pp. 81-93
Author(s):  
Emine Zendeli
Keyword(s):  
Republic Of Macedonia ◽  
Normative Framework ◽  
Research Article ◽  
Marital Property ◽  
Joint Ownership ◽  
The Republic ◽  
The Right ◽  
Legal Subjects ◽  
Legal Consequences ◽  
Joint Property

Abstract This research article analyzes the right of disposal of marital property in relation to the undertaking of those legal actions that imply the highest authorizations that legal subjects can have over things. Having in consideration the fact that according to the legislation in the Republic of Macedonia, marital property is joint as are the authorizations of spouses over their joint items, it is important to determine the extent of the disposal, i.e. who disposes of the items of the joint property and to what extent. Referring to the normative framework, which regulates disposal relations of spouses, the article emphasizes the concept and importance of the authorization of disposal of things (alienation or assignment of things from joint ownership), through legal activities (sale, donation, exchange, etc.). In this context, the article tends to draw a divisive line between the administration with the joint item, referring to continuative actions and measures and the disposal of the thing, which is not continuative but, due to legal consequences it causes, has great importance in practice, and as a result, enjoys greater attention in legislators in terms of its limitation compared to the acts of administration with joint items in marriage.

Legal Consequences of the Marriage Agreement Made by Notaries, Then Not Registered

Authentica ◽  
2020 ◽  
Vol 2 (2) ◽  
pp. 95-120
Author(s):  
Meisha Poetri Perdana
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Third Party ◽  
Primary Data ◽  
The Third ◽  
Marital Property ◽  
The Right ◽  
Legal Consequences ◽  
Joint Property ◽  
Husband And Wife

The marriage agreement is based on Law Number 1 of 1974 Concerning Marriage, a marriage agreement is a means of protecting the assets of a husband and wife, this agreement the parties can determine their respective inheritance. Is there a separation of assets in the marriage from the beginning or is there a shared asset, but the method of division is divided if a divorce occurs. The inheritance of each husband and wife and property obtained as a gift or inheritance, respectively, is under the control of each other as long as the parties do not specify otherwise. The method used in this research is the normative juridical approach. The data used in this paper are secondary data and primary data as a complement to secondary data. The results of research and discussion, namely the marriage agreement that is not recorded or registered, is invalid according to the provisions of Article 29 paragraph (1) of Law Number 1 of 1974. The legal consequences of marital property if the marriage agreement is not registered is that the property becomes joint property and assets default. Legal protection for a disadvantaged third party is by means of preventive legal protection in which a third party has the right to assume that the marriage agreement does not exist, whereas the refractive legal protection that is the third party has the right to file a lawsuit in court. Suggestions that the notary provides guidance to register the marriage agreement deed to the Population and Civil Registry Office in order to obtain validity and publicity. And the marriage agreement must be registered so as not to harm a third party. Keywords: Registration of Marriage Agreement, Marriage Property, Legal Protection of Third Party

scholarly journals The normative framework of the protection of personal data in the field of (bio)medicine

Temida ◽  
2012 ◽  
Vol 15 (3) ◽  
pp. 99-114 ◽  
Author(s):  
Natasa Rajic
Keyword(s):  
Human Rights ◽  
Personal Data ◽  
European Convention ◽  
International Treaties ◽  
Normative Framework ◽  
The Status ◽  
The Republic ◽  
The Right ◽  
Treatment Procedures ◽  
Biomedical Treatment

This paper discusses the normative framework of regulating the right to protection of personal data relating to biomedical treatment procedures of patients as human rights. The subjects of analysis are the European Convention, the Convention on Human Rights and Biomedicine and the relevant provisions of the Constitution of the Republic of Serbia. The right to protection of personal data in the field of biomedicine is analyzed comparatively in terms of the content of this right and in terms of basis for limiting this right. The analysis is carried out to find answers to the question if the constitutional framework is consistent in terms of exercising this right, taking into account the constitutional provision on the direct application of human rights guaranteed by international treaties and other provisions that determine the status of international sources of law in our legal system.

scholarly journals Lembaga Jaminan Fidusia: Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019

2020 ◽  
Vol 3 (2) ◽  
pp. 84
Author(s):  
Ari Wirya Dinata
Keyword(s):  
Qualitative Methods ◽  
Power Relations ◽  
Primary Data ◽  
Constitutional Court ◽  
Power Relationship ◽  
Analysis Method ◽  
Breach Of Contract ◽  
The Right ◽  
Legal Subjects ◽  
Legal Consequences

Fiduciary is one of the guarantees where the debtor has the right to control and take advantage of the goods that are used as fiduciary security objects. Article 15 paragraphs (1), (2), and (3) of Law Number 42 Year 1999 concerning Fiduciary Guarantee regulates the execution mechanism for fiduciary security objects when the fiduciary giver (debtor) experiences breach of promise to the fiduciary recipient (creditor). So far, the execution mechanism for fiduciary security objects regulated in the Act creates legal uncertainty and harms the debtor's rights. Because it gives too much power to the creditor. The imbalance of power relations between debtors and creditors towards the handling of the problem of breach of contract actually causes an injustice in existing fiduciary institutions. The Constitutional Court, through decision number 18 / PUU-XVII / 2019, tries to return the fiduciary institution to the spirit of equilibrium relations between debtors, creditors, and fair fiduciary guarantees. After the decision of the Constitutional Court Number 18 / PUU-XVII / 2019. Has there been a harmonious power relationship between two legal subjects in fiduciary guarantees. This paper examines the pre and post fiduciary guarantee institutions of the Constitutional Court and analyzes the legal consequences that occur. This paper uses a type of juridical-normative research using primary data and primary, secondary and tertiary legal material. While the analysis method uses qualitative methods

scholarly journals Violations of the Right to Health due to Limited Access to Protection of Health during the COVID-19 Pandemic in the Republic of Croatia and Possible Legal ImplicationsL

2021 ◽  
Vol 14 (2) ◽  
Author(s):  
Nina Mišić Radanović
Keyword(s):  
Health Care ◽  
Health System ◽  
Medical Research ◽  
Cancer Detection ◽  
Right To Health ◽  
Vulnerable Groups ◽  
The Republic ◽  
The Right ◽  
Harmful Effects ◽  
Legal Consequences

The battle against the COVID-19 pandemic is still the most important problem and a great challenge for the overburdened health system in the Republic of Croatia. This paper examines the research into how violations of humans’ right to health occurred due to the inaccessibility to health protection for uninfected persons during the COVID-19 pandemic. The research implemented showed that a system of anti-epidemic measures which completely suspended or significantly reduced the possibility to access primary and hospital health care, stopped preventive programs of cancer detection. Much medical research has already revealed the possible harmful effects to people's health in the increase in cases of the contraction of and death from cancer and other serious illnesses, particularly in relation to certain vulnerable groups for example, women and oncology patients. The author concludes that the right to access protection of health during the COVID-19 pandemic in the Republic of Croatia was significantly limited and analyzes possible legal consequences which could occur due to the suspension or limitation to the right to access health care as a violation of the right to health.

scholarly journals The Fundamental Human Right to Marry and to Family Life and their Protection in the Legal Framework of the Republic of Macedonia

2017 ◽  
Vol 7 (1) ◽  
Author(s):  
M.Sc. Albana Metaj-Stojanova
Keyword(s):  
Family Life ◽  
Nuclear Family ◽  
Legal Framework ◽  
Human Right ◽  
Family Structures ◽  
Degree Of Protection ◽  
Republic Of Macedonia ◽  
The Family ◽  
The Republic ◽  
The Right

The right to family life is a fundamental human right, recognized by a series of international and European acts, which not only define and ensure its protection, but also emphasize the social importance of the family unit and the institution of marriage. The right to family life has evolved rapidly, since it was first introduced as an international human right by the Universal Declaration of Human Rights (UDHR). The family structure and the concept of family life have changed dramatically over the last few decades, influenced by the everchanging social reality of our time and the decline of the institution of marriage. Aside from the traditional European nuclear family composed of two married persons of opposite sex and their marital children, new forms of family structures have arisen. LGTB families are at the centre of the ongoing debate on re-defining marriage and the concept of family life. The aim of this paper is to analyse the degree of protection accorded to family life and to the right to marry, which has long been recognized as one of the vital personal rights essential to the pursuit of happiness by free men by both, international acts ratified by the Republic of Macedonia and the legal system of the country. The methodology applied is qualitative research and use of the analytical, historical and comparative methods. The paper concludes that in general Republic of Macedonia has a solid legal framework, in compliance with the international law, that protects and promotes the right to family life.

scholarly journals DUE TO LAW OF SELECTING THE RIGHT REPUDIATION CITIZENSHIP STATUS IN CITIZENSHIP LAW REVIEW OF INDONESIA

2019 ◽  
Vol 4 (2) ◽  
pp. 20-32
Author(s):  
Qurrotul Uyun
Keyword(s):  
Research Study ◽  
Conceptual Approach ◽  
Citizenship Status ◽  
Dual Citizenship ◽  
Foreign Countries ◽  
The Status ◽  
The Republic ◽  
The Right ◽  
To Receive ◽  
Legal Consequences

Designation (naturalization) includes giving Indonesian citizenship status of one or a number of people from foreign nationals, or gives the status as a citizen of Indonesia or the number of people who do not have citizenship (stateless) .According to the laws of the Republic of Indonesia citizens who have dual citizenship must choose one of these citizenship so until he has only one nationality. For Indonesian citizens are treated when these approvals to those Indonesian nationals, according to Indonesian citizenship legislation that called "gain" or "select" nationality of the Republic of Indonesia will be replaced with Indonesian nationality, and which are called "retained" Dutch nationality or nationality of foreign countries or "reject" Indonesian nationality. So goes the Indonesian nationality, if it has lost the nationality Indonesia automatically all matters concerned with the rights and obligations of citizens or her country also erased or lost. The problem that will be discussed are: Does the right of repudiation in the process of selecting citizenship status lead to legal consequences for those concerned? Does repudiation rights used in the process of selecting citizenship status in Indonesia? By studying this research, it is expected to find out the point of problems in selecting indonesian citizenship.This research used qualitative. Since this method is a directed and systemic method. In addition, this research study used statute approach and conceptual approach. It is an approach which comes from views and doctrines that are developed in the science of law.The findings of this research are: first, as a result of law that is rejected, rejected state has no right to force someone to reject the offer, this happens because of self-will without intervension from other sides. Since, the status of citizenship related to the existence in getting right and obligation of someone in every action.  The second problem is repudiation right that is used in Indonesia by special naturalization. It means that the state is able to offer or give citizenship status by using it, and in this session, the citizen has right to receive or reject that offer.

scholarly journals Akibat Hukum Perceraian Terhadap Harta Benda Perkawinan

2019 ◽  
Vol 2 (2) ◽  
pp. 151
Author(s):  
Sugih Ayu Pratitis
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Applicable Law ◽  
Personal Property ◽  
Personal Rights ◽  
Marital Property ◽  
Shared Property ◽  
Legal Consequences ◽  
Joint Property ◽  
Husband And Wife

<p>The emergence of the problem of joint property in a marriage is usually when there is a divorce between husband and wife, or when the divorce process is taking place in the Religious Court. The purpose of the study is to examine the position of joint property in marriage according to Islamic law and the provisions of the legislation and the legal consequences of divorce on marital property. The research method used is a type of normative research where research is carried out by first researching the materials that are in accordance with the problem to be studied. The result of this research is that the position of husband and wife property obtained in marriage is shared property except personal property which is under the marriage will be the personal rights of each husband or wife. While due to divorce between husband and wife, the assets obtained during marriage are divided in half for the husband and half for the wife. The method for resolving cases of sharing of shared assets at the Religious Court is if the divorce has been approved by a judge, then a husband and wife can submit a request for sharing of shared assets in accordance with applicable law. And if a divorced husband and wife do not want to carry out the distribution of shared assets, then one of the parties can submit a request for execution in the Religious Court to force those who do not want to carry out the decision in accordance with what was decided by the Religious Court.</p>

scholarly journals Harmonization of European legislation in the field of safety and health at work in the legal system of the Republic of North Macedonia

2021 ◽  
Vol 9 (2) ◽  
pp. 64-74
Author(s):  
Andon Majhoshev ◽  
Kristijan Jovanov
Keyword(s):  
Occupational Safety ◽  
National Level ◽  
Health And Safety ◽  
The European Union ◽  
Preventive Action ◽  
Republic Of Macedonia ◽  
Labor Legislation ◽  
Safety And Health ◽  
The Republic ◽  
The Right

Occupational safety and health is one of the most important international labor standards of ILO. This means that ILO member states should ensure encouraging and maintenance at the highest level of safe working conditions in order to avoid accidents and occupational diseases. Achieving this goal means that employers must make a continuous risk assessment at the workplace, and at the same time decide whether appropriate measures and activities are necessary in order to create the highest level of safety and health at work, i.e. to avoid side effects. In order to achieve this goal, a systematic approach is necessary in preventive action and connection of all entities that are bearers of certain obligations and activities at the national level, but also beyond the international institutions in this area. By application for membership of the Republic of Macedonia in the European Union on 22 of March 2004, the process of harmonization of the domestic with the European labor legislation begins, and thus inevitably harmonization of the domestic legislation for safety and health at work with the European. Thereby, this process takes place pursuant to article 32 of the Constitution of the Republic of Macedonia, according to which the protection of workers is of primary importance, i.e. health and safety at work is a constitutional-legal category and every individual has the right to work, free choice of employment and work protection. In the harmonization process the basic concept is the Framework Directive 389/391/EES for safety and health at work, according to which the national legislation on safety and health at work should be harmonized exactly according to the principles of this directive.

REGIONAL POLICY IN REPUBLIC OF MACEDONIA IN CONTEXT OF EU INTEGRATION POLICIES

2018 ◽  
Vol 28 (1) ◽  
pp. 323-328
Author(s):  
Marija Karaeva ◽  
Savo Ashtalkoski ◽  
Slavcho Chungurski
Keyword(s):  
Regional Policy ◽  
State Of The Art ◽  
Legal Framework ◽  
Short Description ◽  
The European Union ◽  
Republic Of Macedonia ◽  
Eu Integration ◽  
Integration Policies ◽  
The Republic ◽  
The Right

As one of the priorities of the European Union, regional policy provides a platform for the regions to be proactive in realizing the benefits of integration and due to the additional fact that Republic of Macedonia aims towards EU integration, the goal of this paper is to provide an answer of the question, whether regional policy in Republic of Macedonia is on the right track and if there is a need for certain interventions and changes in the existing legal framework. Within the frame of this paper the problems in the field of regional development the Republic of Macedonia which are the basis for the establishment of regional policy, will be discussed. After short description of the state of the art of the regional policy in Republic of Macedonia, special attention in the paper will be given to the sources of financing of the regional policy in RM. At the end the focus will be put possible software solution for improving the coordination between regional policy with other sectorial policies.

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