scholarly journals Passive Capacity To Perform Juristic Acts As An Element Of Civil Active Capacity Of Minors

2020 ◽  
pp. 10-22
Author(s):  
R.M. Heints
Keyword(s):  
Additional Requirement ◽  
The Will ◽  
Definition Of ◽  
A Minor ◽  
Legal Consequences ◽  
Biological Nature

The article analyzes the definition of civil active capacity of natural persons, reveals the existing approaches in the doctrine to its definition and understanding of passive capacity to perform juristic act as an element of civil active capacity. The author positively perceives the position of the legislature on the formulation of the concept of civil active capacity through the term «ability», because the process of forming the will of natural persons has a biological nature and, accordingly, the basis for granting of natural persons an active capacity is its natural ability to adequately perceive and evaluate the surrounding reality, own actions, make independent decisions, implement them through own actions and be aware of the responsibility for such actions. Given that the basis of active capacity is the ability to independently perform legally significant lawful acts, the key element of active capacity is passive capacity to perform juristic act. According to the results of the study, the author proposes to classify all juristic act performing by a minor by the criterion of «coordination of their commission with parents (adopter) or trustees» into three groups: 1) juristic act that can be performing without the consent of parents (adopter) or trustees; 2) juristic act that can be performing with the consent of parents (adopter) or trustees; 3) juristic act that can be performing with the consent of parents (adopter) or trustees and with the permission of the guardianship authority. The consent of parents (adopter) or trustees to perform a juristic act by a minor should be considered as an additional requirement established by the legislature to the procedure of its performing by a minor and an additional guarantee to protect the interests of a minor who cannot fully assess the need to perform the juristic act and its legal consequences. According to the current legislation, the consent of the parents (adopter) or trustees to perform a juristic act by a minor may be made orally, for default, or in writing by a notarized form.

scholarly journals Silence and tacit consent in Armenian public law: Legal fiction, presumption or substitution?

2021 ◽  
Vol 12 (3) ◽  
pp. 728-751
Author(s):  
Artur S. Ghambaryan ◽  
Keyword(s):  
Public Law ◽  
Legal Issue ◽  
Presumed Consent ◽  
Positive Law ◽  
Legal Fiction ◽  
Tacit Consent ◽  
The Will ◽  
The Subject ◽  
Definition Of ◽  
Legal Consequences

In the article, the author researches the problematic aspects of silence in law, in particular, the definition of silence is provided, its meaning at various stages of historical development is outlined, the types of silence are described, the legal consequences of silence are discussed, and the place of silence in the sphere of legal conventions (legal presumptions, fictions, substitution). The author provides the following definition of silence: silence is a legitimate or unlawful inaction of the subject of legal relations, from which the conditional content of the subject’s will on a legal issue follows and (or) with which a positive law (transaction) directly connects the occurrence of legal consequences. Since silence can be interpreted as a sign of agreement or disagreement, it can be argued that it creates uncertainty. Given the fact that legal certainty in modern life is a constitutional value, positive law should exclude or mitigate this uncertainty, or the content of the will arising from silence should be predetermined by positive law or transaction. The result arising from the silence falls within the realm of legal conventions and in order to find out whether silence is a legal presumption, legal fiction or substitution, the article compares these categories. The author concludes that the legislator can formulate the same provision regarding silence both with the help of legal fiction (fictitious consent) and with the help of a legal presumption (presumed consent). At the same time, the article provides a justification for the impossibility of considering tacit consent as a legal substitution, in view of the fact that in objective reality there is no conditional silence, which is an essential reason for excluding the basis of legal substitution.

Towards a Minor Poetry: Reading Twentieth-Century French Poetry with Deleuze–Guattari and Bakhtin

Paragraph ◽  
2019 ◽  
Vol 42 (2) ◽  
pp. 135-153
Author(s):  
Daisy Sainsbury
Keyword(s):  
Twentieth Century ◽  
French Language ◽  
Poetic Language ◽  
Minor Literature ◽  
Language System ◽  
Poetic Discourse ◽  
Poetry Reading ◽  
Century Poetry ◽  
Definition Of ◽  
A Minor

Drawing on Deleuze and Guattari's analysis of minor literature, deterritorialization and agrammaticality, this article explores the possibility of a ‘minor poetry’, considering various interpretations of the term, and interrogating the value of the distinction between minor poetry and minor literature. The article considers Bakhtin's work, which offers several parallels to Deleuze and Guattari's in its consideration of the language system and the place of literature within it, but which also addresses questions of genre. It pursues Christian Prigent's hypothesis, in contrast to Bakhtin's account of poetic discourse, that Deleuze and Guattari's notion of deterritorialization might offer a definition of poetic language. Considering the work of two French-language poets, Ghérasim Luca and Olivier Cadiot, the article argues that the term ‘minor poetry’ gains an additional relevance for experimental twentieth-century poetry which grapples with its own generic identity, deterritorializing established conceptions of poetry, and making ‘minor’ the major poetic discourses on which it is contingent.

YOUTH CRIMINAL SUBCULTURE AS A FACTOR IN THE FORMATION OF THE PERSONALITY OF A MINOR CRIMINAL

2020 ◽  
Vol 10 (3) ◽  
pp. 177-180
Author(s):  
VERA SHUNYAEVA ◽  
Keyword(s):  
Research Method ◽  
Negative Impact ◽  
System Research ◽  
Scientific Methods ◽  
General Scientific ◽  
Definition Of ◽  
A Minor ◽  
Method Analysis

The article is devoted to the research of the youth criminal subculture and its impact on the personality of under-aged. In the course of analysis of this negative impact, a definition of the criminal subculture of under-aged was proposed. The main principles of such a criminal subculture as AUE (the acronym, transcribed from Russian: АУЕ or А.У.Е., comes from «Арестантский уклад един» / “Prisoners Unity (Solidarity)” are defined. The reasons contributing to the development of this negative phenomenon and the typical fea- tures of a minor sharing the ideology of the AUE were identified. The methods for counteracting the AUE were proposed. The method- ological basis of the research is formed by general scientific methods: dialectical, system research method, analysis, synthesis, induction, deduction, analogy, etc., as well as such private scientific methods as comparative legal, formal legal, structural and functional, statistical ones. The authors relied on the results of research by Russian and foreign legal scholars, sociologists, psychologists.

Recht und Pflicht – Einschränkungen von Freiheit?

2021 ◽  
Vol 69 (1) ◽  
pp. 98-113
Author(s):  
Klaus Vieweg
Keyword(s):  
Free Will ◽  
The State ◽  
Individual Rights ◽  
Right To Life ◽  
Emergency Situations ◽  
The Will ◽  
Definition Of ◽  
The Right

Abstract Can one speak philosophically of a justified limitation of freedom? Hegel’s logically founded definition of free will and his understanding of right and duty can contribute to a clarification of the concept of freedom. Important is a precise differentiation between freedom and caprice (Willkür) – the latter being a necessary but one-sided element of the free will. In caprice, the will is not yet in the form of reason. Rational rights and duties are not a restriction of freedom. Insofar as individual rights can collide (e. g. in emergency situations), there can be a temporary and proportionate restriction of certain rights in favour of higher rights, such as the right to life. Dictatorships are instances of capricious rule which restrict freedom; the rationally designed state, by contrast, restricts only caprice. What is tobe defined are the duties and the rights of the state and the duties and the rights of the citizens.

The Fractured Body: The Eucharist and Anglican Division

2016 ◽  
Vol 98 (4) ◽  
pp. 639-659
Author(s):  
Eugene R. Schlesinger
Keyword(s):  
North America ◽  
The Will ◽  
Definition Of

This article confronts the ongoing reality of intra-Anglican divisions, both in North America and within the broader Anglican Communion. Beginning with a treatment of Augustine of Hippo's doctrine of the totus Christus, I suggest that the proper criterion for ecclesial communion is the recognition of one another as members of Christ, rather than doctrinal or ethical teachings. I then supplement this criterion with a definition of ecclesial unity drawn from Ephraim Radner. The church's unity is not a unity of consensus, but a unity that embraces even one's enemies. Finally, I propose a reading of the eucharistic fraction rite that synthesizes its twin dimensions of sacrifice and communion. This understanding of the rite opens up the imaginative space for an emergence of the will to reunion.

scholarly journals Analysis of Leading Cities in Central Europe: Control of Regional Economy

2011 ◽  
Vol 16 (16) ◽  
pp. 21-33 ◽  
Author(s):  
György Csomós
Keyword(s):  
Central Europe ◽  
Regional Economy ◽  
Science Studies ◽  
Stock Exchanges ◽  
Minor Role ◽  
Large Cities ◽  
Definition Of ◽  
A Minor ◽  
German Cities ◽  
Visegrad Group

Analysis of Leading Cities in Central Europe: Control of Regional EconomyNowadays, one of the characteristic orientations in social science studies focusing on cities is the ranking of cities, as well as the definition of the world's leading cities (world cities, global cities) on the basis of various criteria. Central European countries are given just a minor role in these researches, particularly in comparison with German cities with their considerable economic performance. This analysis compares the large cities of Austria, Germany and the countries of the Visegrád Group in terms of their role in economic leadership. To this end, the characteristic parameters have been examined: the GDP in purchasing power standards and nominal GDP of the cities, the revenues of large companies found in these cities, as well as the domestic market capitalization of the stock exchanges.

scholarly journals Quantitative Analysis of Queue Length of Falah Roundabout (UAE, Sharjah)

2018 ◽  
Vol 3 (4) ◽  
pp. 6
Author(s):  
Emran Al Otaibi ◽  
Mohammed Refaei ◽  
Nadia Nassif ◽  
Anas Naqawa
Keyword(s):  
Queue Length ◽  
Factors Affecting ◽  
True Value ◽  
Data Regression ◽  
Field Data Collection ◽  
Term Paper ◽  
The Will ◽  
Queue Lengths ◽  
Rule Method ◽  
A Minor

Roundabouts have faced a huge development in terms of designing and operation, the reason behind that is to get the most safe and functional design. The functionality is affected by different factors e.g. line width, diameter of the roundabout etc., when the capacity of the roundabout is fully utilized, queue length starts to form in the different approaches, which indicates of a minor or major issue that should be studied. This paper discusses the different factors affecting the queue length of an approach on the roundabout (Al Falah roundabout), after obtaining the data, regression analysis was done to provide a model that can be used for estimating the volume capacity ratio from queue lengths or vice versa. Two other methods were used to compare the obtained model (HCM 2010 Method and Two Minute Rule Method), in addition to a field data collection of the actual timing needed to pass that queue length, which was assigned as the true value of the models and comparing depending on it. Finally, the discussion of the term paper, will include the different concepts of advanced statistical analysis, the will (as expected) contain different types of distributions and the coloration between the keys of the roundabouts design, and will study the limitation and how it can be improved in future.

scholarly journals Mistake of fact and endangering actions as circumstances which can affect differentiation of criminal responsibility for unfinished crime

2020 ◽  
pp. 286-290
Author(s):  
Natalia Antoniuk
Keyword(s):  
Social Relations ◽  
Criminal Responsibility ◽  
Human Life ◽  
Subjective Evaluation ◽  
Criminal Code ◽  
Special Part ◽  
The Subject ◽  
Severe Punishment ◽  
A Minor ◽  
Legal Consequences

 Most of the aspects of differentiation of criminal responsibility for unfinished crime though being discussional, are duly researched in the criminal scientific studies. However, the sphere of unresearched institutes exists enabling us to speak about its influence on differentiation of criminal responsibility. This institutes are the mistake of fact and so called “delicts of endangering” The purpose of this research is to analyze the differentiated influence on criminal responsibility of crimes committed with the feature of mistake of fact and of delicts of endangering. It is planned to illustrate, basing on certain examples, the importance of these institutes for differentiation of criminal responsibility. By the way, the task of this article is to reveal the shortcomings of criminal law in force and to make propositions on their removing. Up to date, taking into consideration the provisions of part 3, 4 of Article 68 of the Criminal Code of Ukraine, the court can`t impose punishment on person, guilty of committing a crime under effect of mistake of fact, qualified as attempt, higher than 2/3 of the maximal severe punishment (envisaged in article of special part of the Criminal Code). The court, as well, can`t (in most cases) impose life imprisonment even when the damage totally equals the damage caused by finished crime. For instance, planning to kill with mercenary motives a minor, the guilty person kills an adult. This action can’t be qualified as finished crime, as the mistake of victim occurs. Nevertheless, object of human life is objectively damaged. So, the crucial necessity to make equal between each other finished crime and crime, committed under influence of mistake of fact, is evident. Differentiating criminal responsibility in situations when damage is desired by the guilty person, the legislator in fact hasn’t bothered to duly differentiate criminal-legal consequences in case of endangering without the desire of such damage. That`s why it is of great importance to regulate by norms criminal actions which are endangering social relations with social dangerous damages, but don’t have the features of criminal aim, motive and desire of guilty person. This step can provide differentiated approach towards socially dangerous behavior, delimiting the estimation of act and consequence. It can concentrate the attention on subjective evaluation of potential consequences by guilty person, notwithstanding the factors, which often exist besides mental estimation of the subject.

Meghalaya Transfer of Land (Regulation) Act, 1971 : A Critical Analysis

LAW REVIEW ◽  
2018 ◽  
Vol 37 (01) ◽  
Author(s):  
Arun Kumar Singh
Keyword(s):  
Critical Analysis ◽  
The State ◽  
Land Transfer ◽  
The Will ◽  
Land Regulation ◽  
Definition Of

Meghalaya is the state comprises of different tribes mainly Khasi and Garos. Culturally they are different. Land transfer in the State is governed by the Meghalaya Transfer ofLand(Regulation)Act,1971,which has been amended in 2010. The objective of the Act is to protect the interest of tribals. By the amendment word 'will' has been included in the detention of Transfer that created confusion .Although,the court has said that the 'will' should not be included in the definition of transfer but still it is there. In this paper the analysis of the Act of 1971 has been done. How far the SARFAESI Act,2002 is relevant here has been discussed. And also,the role of judiciary has been highlighted

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