scholarly journals Ex-Officio Rights of the Judges in Signating the Holder of Currency: Hadhanah in Directions of Divorce at the Religious Court as an Efforts of Legal Protection and Administration of Legal Certainity for Children

2019 ◽  
Vol 7 (2) ◽  
pp. 252-260
Author(s):  
Muhammad Fadhly Ase
Keyword(s):  
Child Custody ◽  
Legal Protection ◽  
Best Interests ◽  
Best Interest ◽  
Psychological Condition ◽  
Legal Relationship ◽  
The Status ◽  
The Right ◽  
Husband And Wife

Child custody (hadhanah) is a problem that often occurs in divorce. This is because divorce often still leaves problems. Divorce only breaks the legal relationship between husband and wife and changes the status of each to a former husband and ex-wife but does not reduce conflicts between them. The conflict between the parents which then leads to a struggle for custody of the child clearly greatly affects the psychological condition of the child. It is the duty of a judge to provide the best interests as a form of protection for the child. The results of this study indicate: the right of ex officio judges is used or applied in the context of certainty, justice and legal benefits for both parties and especially for the child himself, hadhanah or post-divorce care for the child places the child's position as a party that must be protected and is a joint obligation of both parents. in the best interest of the child.

scholarly journals O Respeito pela Autonomia da Criança na Regulação das Responsabilidades Parentais

2013 ◽  
Vol 26 (6) ◽  
pp. 637
Author(s):  
Bárbara Santa Rosa ◽  
Francisco Corte-Real ◽  
Duarte Nuno Vieira
Keyword(s):  
Child Abuse ◽  
Child Custody ◽  
Best Interests ◽  
Public Hearing ◽  
Symbiotic Relationship ◽  
Best Interest ◽  
Stressful Experience ◽  
The Right ◽  
Open Concept ◽  
Proper Consideration

Child custody decisions are among the most difficult is one of the most difficult for judges to make. The possibility of child abuse allegations or parents’ deviant/psychopathologic behaviours within this context, make the decision further complicated. Based on jurisprudence the listening of children opinion is a way to protect their best interest. In fact children have the right to express an opinion in all matters affecting their life. It should be given proper consideration to children opinion according with his/her age and maturity. Nonetheless custody disputes are emotionally draining issues. Asking the child to express an opinion during a public hearing, most likely in the presence of both parents, its not recommended because this is a potential stressful experience. Child interviews should take place in a proper environment and be set to their age. Medicine and Psychology have an important role in assessing children cognitive, emotional and volitional abilities, which is essential to properly account their opinions according to autonomy degree. This essay analyses the contribution of medico-legal and/or psychological exams to respect the autonomy of the child in cases of regulation of parental responsibilities. The conclusion is the need to establish a symbiotic relationship between the medical and legal perspectives of the (open) concept of child’s best interests.

scholarly journals Marriage Function as Protection Rights Against Wife and Children Right in Polygamous Marriage

Jurnal Akta ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 277
Author(s):  
Muhammad Madih ◽  
Munsharif Abdul Chalim
Keyword(s):  
Data Analysis ◽  
Legal Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
Legal Remedies ◽  
Polygamous Marriage ◽  
Marriage Contract ◽  
The Right ◽  
Husband And Wife ◽  
Laws And Regulations

Marriage is a bond between man and woman which is also the religion of Islam is a way of worship, that in the community there is monogamy: one husband and one wife, but there are also polygamous marriage is one man with more than one wife with their applicable laws and regulations for implementation. The purpose of this study was to: 1) To determine the function of the marriage covenant can provide legal protection of the rights wife and children in polygamous marriages. 2) To determine the right of wife and children in polygamous marriages. 3) To know the legal remedies can be done to determine the rights of wives and children in polygamous marriages. Based on the results of data analysis concluded that: 1) The function of the marriage contract may provide legal protection of the rights of the wife and children in polygamous marriages as a certainty or limitation of rights received by his wife and children during the marriage took place and as a measure for husbands to act fairly in polygamous marriages , 2) The position of the right wife and children in polygamous marriages, namely the right wife by the husband proportionate balanced well after their second marriage and so are the rights of children still get their right in accordance with the provisions of the Act. 3) Remedies that can be done to determine the right istir and children in polygamous marriages with authentic mating agreements made governing the boundary between the rights and obligations of husband and wife in a polygamous marriage.Keywords: Marriage; Polygamy; Marriages Agreement; Wife and Children's Rights.

scholarly journals Family Life for Children in State Care

2020 ◽  
Vol 28 (4) ◽  
pp. 715-747
Author(s):  
Clarie Breen ◽  
Jenny Krutzinna ◽  
Katre Luhamaa ◽  
Marit Skivenes
Keyword(s):  
Family Life ◽  
Foster Parents ◽  
Limited Extent ◽  
Best Interest ◽  
Family Unit ◽  
Theoretical Literature ◽  
Biological Parents ◽  
The Family ◽  
The Status ◽  
The Right

Abstract This paper examines what set of familial circumstances allow for the justifiable interference with the right to respect for family life under Article 8, echr. We analyse all the Courts’ judgments on adoptions from care to find out what the Court means by a “family unit” and the “child´s best interest”. Our analysis show that the status and respect of the child’s de facto family life is changing. This resonates with a view that children do not only have formal rights, but that they are recognised as individuals within the family unit that states and courts must address directly. Family is both biological parents and child relationships, as well between children and foster parents, and to a more limited extent between siblings themselves. The Court’s understanding of family is in line with the theoretical literature, wherein the concept of family reflects the bonds created by personal, caring relationships and activities.

scholarly journals Authorities and Officials of the Prosecutor’s Office as Subjects of Protection and Subjects of Violation of the Constitutional Right of Citizens to Petition

Lex Russica ◽  
2021 ◽  
pp. 33-43
Author(s):  
I. V. Timoshenko
Keyword(s):  
Russian Federation ◽  
Legal Protection ◽  
Public Power ◽  
The Status ◽  
Effective Instrument ◽  
The Russian Federation ◽  
Constitutional Right ◽  
Objective Side ◽  
Administrative Code ◽  
The Right

The paper analyzes the status of bodies and officials of the prosecutor’s office as subjects of protection and subjects of violation of the constitutional right of citizens of Russia to petition as bodies exercising public power, whereas the very norm-principle of the basic Russian law on the right of citizens to petition is considered both as a constitutional right and as a constitutional safeguard. The author identifies the main practical problems, legal gaps and conflicts of law when citizens implement their constitutional right to petition and their reasons. The author proposes options for their elimination at the law-making and law-enforcement levels. It is noted that article 5.59 of the Code of the Russian Federation on Administrative Offences from 2011 providing administrative liability for violation of established procedure of consideration of citizens’ petitions, despite being a very effective instrument for the legal protection of the right under consideration, needs to be adjusted because its discretionary part contains only general language and does not reveal the objective side of this administrative offence. At the same time, prosecutor’s offices have long developed a certain practice concerning the application of Art. 5.59 of the Administrative Code of the Russian Federation as a means of public and legal protection of the violated right of citizens to petition. However, what should be done if the right of citizens to petition is violated by the prosecutors themselves with their special status as subjects of the offense, whereas it is the exclusive competence of prosecutors by operation of law to initiate cases under Art. 5.59 of the Administrative Code of the Russian Federation? The paper is devoted to the search for the answer to this question.

scholarly journals El derecho del menor extranjero a ser escuchado y su interés superior en los procedimientos de repatriación | The Right of foreign child to be heard and the best interests of the child in the return process

2018 ◽  
pp. 1
Author(s):  
Elena Arce Jiménez
Keyword(s):  
Legal System ◽  
Migrant Children ◽  
Best Interests ◽  
Best Interest ◽  
Effective Implementation ◽  
Rights Of The Child ◽  
The Right ◽  
Return Process ◽  
Children Rights

Resumen: Las dificultades para ser escuchado del menor extranjero en cualquier procedimiento que le afecte ponen de relieve las deficiencias generales existentes en nuestro ordenamiento jurídico para hacer efectivos los derechos de los que son titulares las personas menores de edad, sean extranjeras o no. Se analiza en primer lugar el artículo 12 de la Convención de los Derechos del niño, las condiciones imprescindibles para para hacer efectivo el derecho a ser escuchado y la conexión que existe entre ese derecho y la consideración primordial de su interés superior. A continuación se hace un repaso de la regulación española de los procedimientos de repatriación de menores extranjeros no acompañados a la luz del interés superior del menor y su derecho a ser escuchado. Abstract: The current challenges that migrant children face to have their right to be heard fulfilled and respected, put in evidence the general deficiencies of our legal system ensuring  the effective enjoyment of children rights, irrespective if the children in question are migrant or not. At the outset, article12 of the Convention on the Rights of the Child and its content is analysed, including the essential requirements for an effective implementation and enjoyment of the right to be heard and its linkages with the best interest of the child as the primary consideration. An analysis of the Spanish regulations under the return procedures for unaccompanied foreignchildren is also provided in light of the respect of the best interests of the child and their right to be heard.

scholarly journals PEMBLOKIRAN BUKU TANAH YANG DILAKUKAN OLEH PIHAK PEMBELI BERDASARKAN AKTA PERJANJIAN PENGIKATAN JUAL BELI

NOTARIUS ◽  
2018 ◽  
Vol 11 (1) ◽  
pp. 43
Author(s):  
Filzah Azizah Ibrahim
Keyword(s):  
Legal Protection ◽  
The Other ◽  
Legal Basis ◽  
Legal Relationship ◽  
The Status ◽  
Injured Party ◽  
Binding Agreement

Abstract               Blocking of a book of certified land begins with a legal relationship between two or more parties involving the certificate as the object of the dispute. Losses experienced by one party in the process of buying and selling led to the application of blocking the book of land certificate to the office. The significance of this writing is to know and analyze the status of the Deed of Sale and Purchase Agreement in the process of blocking the land book by the buyer in the land office and the form of legal protection provided by the land office to the injured party due to buyer blocking based on the Deed of Sale and Purchase Agreement. The result of this research is the position of the sale and purchase binding agreement in the process of blocking the land book conducted by the buyer in the land office only as evidence of actual delivery and juridical delivery between the seller and buyer on the object of sale and purchase, not as an administrative requirement blocking at the land office. The Land Affairs Office provides legal protection by implementing the provisions of Article 125 and Article 126 of the Regulation of the Minister of Agrarian Affairs / Head of the National Land Agency Number 3 of 1997 by limiting the party who wishes to file a blocking request to the land office is a party with a strong legal basis to file the request for blocking in an effort defend that right so that it will not harm the other party. AbstrakPemblokiran buku tanah sertipikat diawali oleh suatu hubungan hukum antara dua pihak atau lebih yang melibatkan sertipikat sebagai obyek sengketa.Kerugian yang dialami oleh salah satu pihak dalam proses jual beli memunculkan adanya permohonan pemblokiran buku tanah sertipikat ke kantor. Arti penting dari penulisan ini adalah untuk mengetahui dan menganalisis kedudukan Akta Perjanjian Pengikatan Jual Beli dalam proses pemblokiran buku tanah yang dilakukan pembeli pada kantor pertanahan dan  bentuk perlindungan hukum yang diberikan kantor pertanahan kepada pihak yang dirugikan karena pemblokiran oleh pembeli berdasarkan Akta Perjanjian Pengikatan Jual Beli. Hasil dari penelitian ini adalah kedudukan akta perjanjian pengikatan jual beli dalam proses pemblokiran buku tanah yang dilakukan oleh pihak pembeli pada kantor pertanahan hanya sebagai alat bukti telah terjadinya penyerahan secara nyata dan penyerahan yuridis antara penjual dan pembeli atas objek jual beli, bukan sebagai persyaratan administratif permohonan pemblokiran pada kantor pertanahan. Kantor pertanahan memberikan perlindungan hukum dengan melaksanakan ketentuan Pasal 125 dan Pasal 126 Peraturan Menteri Agraria/Kepala Badan Pertanahan Nasional Nomor 3 Tahun 1997 dengan membatasi pihak yang ingin mengajukan permohonan blokir ke kantor pertanahan adalah pihak yang memiliki dasar hukum yang kuat untuk mengajukan permohonan blokir dalam upaya mempertahankan haknya tersebut sehingga tidak akan merugikan pihak lain.

LEGAL RELATIONSHIP ON PROTECTION OF THE RIGHTS OF PARTICIPANTS IN BUSINESS COMPANIES

2015 ◽  
Vol 10 (5) ◽  
pp. 157-162
Author(s):  
Мельник ◽  
Evgeniya Melnik ◽  
Мальбина ◽  
Anastasiya Malbina
Keyword(s):  
Direct Action ◽  
Civil Law ◽  
Legal Protection ◽  
Corporate Law ◽  
Corporate Rights ◽  
Legal Relationship ◽  
Corporate Organization ◽  
The Right

The current civil law considers the principle of restoration of violated rights and legal protection. This principle has a direct action against corporate rights. The right to participate in a corporate organization is an absolute right in nature on the basis of which legal relationship is formed as non-traditional legal relations. Violation of corporate law is the basis of protective legal relationship that always exists in relation to the regulatory one. The nature of the legal relationship makes possible the use of those remedies which arise from the nature of the legal relationship, so in violation of the right of participation (membership) corporate remedies may be used.

scholarly journals THE RIGHT EDUCATION IN THE BEST INTERESTS OF THE CHILD

2022 ◽  
pp. 114-117
Author(s):  
V. Dorina
Keyword(s):  
Social Status ◽  
Gender Inequality ◽  
Ethnic Origin ◽  
Best Interests ◽  
Educational Services ◽  
Best Interest ◽  
Right To Education ◽  
Rights Of The Child ◽  
The Right

The article is devoted to ensuring the best interest of the child and his right to education. Attention is paid to the problems associated with the implementation of this right by various groups of children, depending on their social status and ethnic origin. The author draws attention to the implementation of the law under study in the context of the COVID-19 pandemic, which has exacerbated the problems of gender inequality, the quality of educational services, as well as access to them. The need for certain actions on the part of the state is indicated, in particular, making changes to the curricula to bring them in line with the recommendations of the UN Committee on the Rights of the Child in order to realize the right to education of the child from the standpoint of ensuring the best interest.

scholarly journals Legal Protection Against Banks As A New Creditural Candidate In Take Over Credit Process

2018 ◽  
Vol 2 (2) ◽  
pp. 126-140
Author(s):  
Himawan Sutanto ◽  
Hanif Nur Widhiyanti ◽  
Istislam Istislam
Keyword(s):  
At Risk ◽  
Research Method ◽  
Legal Protection ◽  
Legal Issues ◽  
Binding Process ◽  
Research Journal ◽  
Legal Relationship ◽  
The Status

This research journal discusses legal issues relating legal protection of the bank as a prospective new creditor in the process of taking over credit. Where there is no certainty of legal relationship between new creditor candidate with debtor. The Bank as a prospective new creditor can not ensure the release of roya letter on the same day as the binding, so there is no certainty of guarantee status. Bank as a potential creditor becomes a vulnerable party at risk of loss. This study aims to determine and analyze the presence or absence of legal relationship between the bank as a new creditor candidate with the debtor and to know the form of legal protection against the bank as a new creditor candidate in the process of taking over credit that is not in accordance with applicable rules. The research method used by the author is the approach of legislation (statute approach) and case approach (case approach).The absence of a strong legal relationship between the bank as a prospective new creditor with the debtor in the outstanding redemption process, where there is no guarantee of the issuance of the roya letter on the same day during the binding process, in the absence of kepsatian regarding the status of the guarantee, the bank becomes a risky party suffered losses so that the need for a form of legal protection in a preventive and repressive.   

Ethical Models in the Double Relationship Physician-Patient when Establishing Child Custody in Parental Divorce and Separation with Intense Conflictuality: Different Concepts for Physician and for Psychologist?

2021 ◽  
Vol 66 (Special Issue) ◽  
pp. 57-58
Author(s):  
George Cristian Curca ◽  
◽  
Iuliana Diac ◽  
Iuliana Dobrescu ◽  
Lucia-Emanuela Andrei ◽  
...  
Keyword(s):  
Forensic Psychiatry ◽  
Child Custody ◽  
Best Interests ◽  
Patient Relationship ◽  
Physician Patient Relationship ◽  
Best Interest ◽  
Parental Alienation ◽  
Emotional Relationships ◽  
Set Up ◽  
Physician Patient

"Introduction. Child custody judicial course usually are intense conflictual raising a lot of pressure both on adult parents as on children. Always require a forensic psychiatry set-up at the court request and a professional team, legal doctors, psychiatrists, psychologists of adult and children from the legal medicine institution and from the hospital. Children are carefully looked upon separately by psychologists in a special setu-up diregarding intruding and manipulation. Objective of this presentation is to identify ethical aspects of the relationship physician-patient (the adult parent and separate the child) and psychologist-patient (i.e. similar) in custody litigation. Material and methods. We have casuistry with a high diversity of parental alienation in child custody cases. Discussions: Does physicians (psychiatrist or legal doctor) and psychologists uses different ethical models and concepts to approache the adult parent or the child? Forensic psichiatry examinations are completed with psychiatry examination and psychology examination as much as documents examinations which are presented in the dossier. Social inquiry is very important. Conclusions: similar to physician-patient relationship in pediatry, psychologist-minor patient relationship is based on the same moral values and ethical principles: beneficence, nonmaleficence, justice, loialty, trust, mostly in a paternalistic model to sustain always the best interest of the child/children. Lack of autonomy of the minor child creates correlativity obligations to protect his rights and to sustain the best interests of the child as a primary consideration. Beneficence in forensic psychiatry may take into consideration maintaining also beneficial emotional relationships with both parents after the separation. "

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