scholarly journals The Division of Jointly Acquired Property of Deceased Spouses in the Event of the Death of One of Them: The Legal Regulation and Law Enforcement Practice

Legal Concept ◽  
2021 ◽  
pp. 105-112
Author(s):  
Yanina Kail ◽  
◽  
Victoria Usanova ◽  
Keyword(s):  
Law Enforcement ◽  
Property Rights ◽  
Legal System ◽  
Family Law ◽  
Current System ◽  
Civil Law ◽  
Legal Regulation ◽  
Scientific Cognition ◽  
Analysis And Synthesis ◽  
Joint Property

Introduction: the study of the division of jointly acquired property of spouses and inheritance of property has always been given special attention by the scientists and practitioners. Quite a lot of works are devoted to this area of legal relations. However, it is not so variable and depends on the intricacies of life that there are constantly many issues that require special research and improvement of the legal regulation. The division of jointly acquired property by the spouses at the dissolution of the marriage is regulated by the norms of family law, as well as civil law in the event of the death of one of the former spouses, who do not fully correspond to each other. In this regard, today citizens often face the problems of protecting their property rights. The purpose of the research: to reveal some aspects of the legal regulation and law enforcement practice of protecting the rights of former spouses in the division of jointly acquired property in the event of the death of one of them, and to offer suggestions to help improve the relevant rules. Methods: the methods of scientific cognition are applied together, among which the main ones are the formal-legal, system methods, analysis and synthesis. Results: it is proved that the current system of the legal regulation of division of joint property of the former spouses in the event of the death of one of them requires the improvement of the legal regulation, as laid down in the legislation, the protection of property rights is quite long and expensive, which leads to the futility of efforts. Conclusions: the law enforcement practice of protecting the property rights of former spouses in the division of jointly acquired property should be recognized as generally conforming to the established norms of law. However, the lack of the clear legal regulation of the criteria and conditions for the division of jointly acquired property in the event of opening of an inheritance after the former spouse before the expiration of the threeyear statute of limitations, leads to the situations where 2 spouses will claim the inheritance – the former and the present. This situation leads to costly conflicts that are resolved in court.

scholarly journals Family and Its Place in the Structure of Civil Relationships

2018 ◽  
Vol 50 ◽  
pp. 01238
Author(s):  
Khurshed Nasirov
Keyword(s):  
Property Rights ◽  
Family Law ◽  
Family Relations ◽  
Civil Law ◽  
Legal Regulation ◽  
Cultural Issues ◽  
Specific Nature ◽  
Social Unit ◽  
Independent Family ◽  
The Family

The author studies the place of the family in the structure of family relations. The correlation between civil law and family law in Soviet, Russian and Tajik legal science is considered. According to the author, the family is a social unit of society with the help of which people seek to solve demographic, economic and cultural issues. It is stated that the family is an alliance of persons created on the marriage, kinship, birth and adoption of children, as well as their upbringing. Accordingly, such alliance leads to the development of certain personal non-property and property rights and obligations based not only on mutual interests and concerns, but primarily on the related ties. In this regard, it seems logical that the specific nature of these rights and obligations requires the use of special tools for legal regulation; the content of legal relations arising on their basis is considered to be independent family relations.

scholarly journals Protection of Property Rights to Property Acquired Family Unions under Legislation of Ukraine and States of the European Union

2021 ◽  
pp. 55-63
Author(s):  
Roman HAVRIK
Keyword(s):  
European Union ◽  
Civil Rights ◽  
Property Rights ◽  
Family Law ◽  
Civil Law ◽  
Legal Regulation ◽  
Property Right ◽  
Scientific Article ◽  
The European Union ◽  
Registered Partnership

In the scientific article, the author explores the peculiarities of legal regulation of protection of property rights to property acquired in marriage by spouses, in actual, religious marriage, other family unions by its members under the civil and family law of Ukraine and some European Union states. In particular, the author determined that in Ukraine and the leading states of the European Union legal regulation of the main methods and forms of protection of property rights is carried out in accordance with the general provisions of civil law with certain features to protect the property of spouses and family unions, illegal behaviour of one of the spouses. In this aspect, there is a dualism in the legal regulation of these issues regarding the protection of property rights of spouses: in legal relations with third parties are subject to general methods of protection, in legal relations between spouses — methods defined by family law. The protection of property rights of de facto spouses, spouses in a church marriage and partners in a registered partnership has a different legal nature in the European Union: some of them do not recognize these family unions and protection of property acquired in these unions is governed by general rules; the other part of the states recognizes features in protection of the property right to the property acquired in the specified family unions, fully or partially equating them on these parameters to protection of the property right to property of spouses. In particular, French civil law lays down a special procedure for the protection of spouses’ property rights and the extension to civil partners (including de facto spouses) of the general provisions of civil law on the protection of their property rights. The German Civil Code does not recognize the legal consequences of actual marital relations, as well as church marriages, and civil partnerships concluded before 2017 (the time of recognition of same-sex marriages) in terms of protection of property rights and obligations equates to a registered marriage. Czech civil law defines the same ways of protecting the property of spouses and civil partners, and the protection of property rights acquired by de facto spouses is regulated on a general basis in accordance with the provisions on joint property and the protection of civil rights. Latvian civil law recognizes the possibility of protecting only the right of ownership of property acquired in a registered marriage, without recognizing other family unions.

scholarly journals COMMERCIAL TRANSACTION: FEATURES OF LEGAL REGULATION

2021 ◽  
Vol 37 (1) ◽  
pp. 75-79
Author(s):  
R.D. Farkhutdinov ◽  
Keyword(s):  
Law Enforcement ◽  
Research Methods ◽  
Civil Law ◽  
Legal Regulation ◽  
Public And Private ◽  
Conceptual Apparatus ◽  
Private Interests ◽  
Legal Limits ◽  
Commercial Transaction ◽  
Individual Features

The article suggests and justifies the concept of "commercial transaction" is currently not fixed in civil legislation as a civil definition, while a number of scientists have repeatedly justified the need and importance of fixing such a concept to solve a number of problems in legal regulation. In addition, it offers ways to solve the problem of the conceptual apparatus of the practice of separate consideration of "commercial transactions" in civil law, which allows solving a number of practical problems of law enforcement. The article uses comparative, formal-legal and functional research methods. The article identifies individual features of a commercial transaction, the legal limits of mutual synthesis of public and private interests, and determines the forms of protection of such interests.

scholarly journals Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 441
Author(s):  
Indah Esti Cahyani ◽  
Aryani Witasari
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Freedom Of Contract ◽  
Related Statement ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.

scholarly journals Protection of Intellectual Property Rights in Ukraine in the Light of European Integration Processes

2020 ◽  
Vol 13 (3) ◽  
pp. 203
Author(s):  
Andrii Neugodnikov ◽  
Tetiana Barsukova ◽  
Roman Kharytonov
Keyword(s):  
Law Enforcement ◽  
Intellectual Property ◽  
Property Rights ◽  
European Integration ◽  
Intellectual Property Rights ◽  
General Public ◽  
Legal Regulation ◽  
Foreign Countries ◽  
Lesser General Public License ◽  
General Public License

The article provides an assessment of the state of legislation of Ukraine on the protection of intellectual property at the present stage. The most important problematic aspects and prospects of improving the legal regulation of intellectual property protection on the way to European integration are described in detail. The experience of foreign countries in ensuring the protection of intellectual property is analyzed. Particular attention is paid to the features of computer program protection, which is especially relevant nowadays. Features of the use of license agreements by the owner of computer programs, namely BSD License, Apache License, GNU General Public License, GNU Lesser General Public License, were analyzed. The conclusion is drawn that a system of continuous analysis of decisions made by European countries in the field of intellectual property law, as well as on issues related to general state policy on the administration of intellectual property, in order to implement developed approaches to legislation and law enforcement practice, could improve the protection of intellectual property rights in Ukraine.

scholarly journals BANKRUPTCY ESTATE OF THE DEBTOR’S SPOUSE: AN INTERSECTORAL ASPECT

2020 ◽  
pp. 26-30
Author(s):  
А.S. Salimov ◽  
S.V. Voronina
Keyword(s):  
Common Property ◽  
Family Law ◽  
Family Relations ◽  
Civil Law ◽  
Legal Regulation ◽  
Bankruptcy Law ◽  
Joint Ownership ◽  
The Common

The bankruptcy estate of the debtor spouse is all property belonging to him both on the basis ofindividual and joint ownership, including unfulfilled property obligations. The composition of the propertyof spouses is determined by the rules of family law, taking into account the legal regulation of certain typesof property, which requires special attention when forming the bankruptcy estate of the debtor spouse. Thebankruptcy estate may include the property of a citizen, making up his share in the total property, which maybe levied in accordance with civil law, family law. Family relations are built on the principle of community,which affects the implementation of bankruptcy law. To foreclose on the share of the debtor spouse, it isnecessary to separate the share of the debtor spouse from the common property, while the bankruptcy lawallows the sale of common property with the subsequent payment of funds to the debtor’s spouse.

Trends and Problems of Legal Regulation of Relationships between State and Business

10.12737/7245 ◽  
2014 ◽  
Vol 3 (1) ◽  
pp. 0-0
Author(s):  
Андрей Габов ◽  
Andrey Gabov
Keyword(s):  
Legal System ◽  
General Result ◽  
Civil Law ◽  
Legal Regulation ◽  
The State ◽  
Evidence Based ◽  
Present Stage ◽  
Eurasian Economic Union ◽  
Economic Union ◽  
State Relations

This article analyzes some important trends and issues in the development of legal regulation of relations between the state and business. The article noted the main negative trends and challenges in the development of legislation at the present stage: the increasing instability of legal regulation; lack of priorities and evidence-based forecast, the consistency of decisions etc. These trends are accompanied by comments and examples from recent changes in the civil law. It is noted that the General result of all these negative trends is the increasing uncertainty of legal regulation, reducing its effectiveness. It is noted that the shortcomings of our legal system in part of state relations and business at the present stage amplified two significant external challenges: the creation of a Eurasian economic Union (EEU) and participation in the WTO; the adoption of a number of States sanctions against Russia in connection with the known events in Ukraine.

scholarly journals Expansion of party replacement designs in the commitment in the civil law of Ukraine

2020 ◽  
pp. 298-305
Author(s):  
Venetskay Marina
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Legal Regulation ◽  
Contract Law ◽  
Civil Code ◽  
Third Party ◽  
European Legislation ◽  
Economic Practice ◽  
Direct Indication ◽  
Additional Costs

The article is devoted to improving the legal regulation of the replacement of a party to an obligation in the civil legislation of Ukraine, taking into account the needs of civilian turnover and economic practice. The reasonability of the additional settlement of issues of reimbursement of contracts for the assignment of claims and compensation for additional costs associated with such a concession, as well as the introduction of the institution of the assignment of contracts into Ukrainian civil law, is argued. The lack of a direct indication of the law on the remuneration of a claim for assignment of a claim has led to the emergence of a number of interpretations of such a transaction as being non-remunerative. Meanwhile, according to the basic provisions of the Civil Code of Contract - the contract is repayable, unless otherwise stipulated by the contract, law or does not follow from the essence of the contract. In addition, the consequence of concluding a deed of assignment claim is the acquisition by the new creditor of property rights that are property, so the free acquisition of property must be considered as a gift, an indication that is absent in the legislation. Unknown to the contract law of Ukraine and the civil institute of contract withdrawal, which is sufficiently widespread in economic practice and is regulated by European legislation. . The meaning of a contract cancellation is to transfer from one person to another the rights and obligations under the contract with a third party, ie it is a simultaneous combination of the cancellation of claims and the transfer of debt. It is necessary to extend the methods (structures) of transfer of debt through the introduction in Ukrainian civil law of the methods known since Roman times, in particular, the expropriation as a separate construction of the replacement of the debtor in the obligation, which occurs on the initiative of the creditor and on the basis of the agreement concluded between such credit and the new debtor in the absence of the need to obtain such consent from the original debtor; and intercession as a construct, when a new debtor is joined to the obligation (which may be divisible) and each of them must fulfill the obligation in its share.

scholarly journals SPECIAL APPROACHES TO ALLOCATION OF TYPES OF SERVITUDES FROM THE ACCOUNTING POSITIONS

2019 ◽  
Vol 4 (5) ◽  
pp. 53
Author(s):  
Iryna Hrytsai ◽  
Oleksandr Yunin ◽  
Antonina Matsola
Keyword(s):  
Property Rights ◽  
Intangible Assets ◽  
Civil Law ◽  
Legal Regulation ◽  
Coherent System ◽  
Corporate Rights ◽  
Legal Method ◽  
Material Component ◽  
Land Relations ◽  
The Individual

Articulation of issues. A number of bases, positions, which previously were recognized as the only correct and irrefutable, served as the foundation of legal regulation of civil relations. But now they do not fully correspond to modern tendencies in the development of civil law science. That is why, today, it should be mentioned about the formation of a new doctrine, which can meet the requirements of the formation and development of the rule-of-law state. In such conditions, it is obvious that the scientific and theoretical study of individual approaches to the allocation of types of servitudes from the standpoint of accounting will contribute to the improvement of civil-law relations, to the formation of a clear and coherent system. At the same time, the variety of scientific views about types of way-leaves constantly encourages the implementation and improvement of scientific research in the field of property rights for someone else’s property. In this context, the issue of the implementation of contractual, inheritance, and land relations for servitudes becomes very important and necessary. Also, another important question is: Are specific legislative approaches to allocation of servitudes on the basis of specific features fixed in legislation or not? Has the legislator stopped only on land and personal servitude? The aim of the article is to study the theoretical and legal possibilities and approaches to the allocation of way-leaves on the basis of specific features from the standpoint of accounting and jurisprudence. Also, another aim is to attract the attention of legal scholars to possible further scientific researches on the introduction of this phenomenon in modern civil legislation of Ukraine. The subject of the study is the individual approaches to the allocation of types of servitudes from the standpoint of accounting. Methodology. The research is based on the analysis of legal acts, which are connected with legal regulation of way-leave relations in Ukraine. On the basis of the comparative legal method of investigation of certain provisions of Ukrainian legislation, the possibilities and limits of the use of types of servitudes in contractual hereditary and land relations are determined. Results of this study have shown that special approaches to the allocation of way-leaves on the basis of specific features in Ukraine are in a real legal vacuum. Such a conclusion is based on the lack of legislative clarification and consolidation of other types of servitudes, which are not connected with the material component. Thus, property rights under the Tax Code of Ukraine are intangible assets, and the provisions of the Civil Code of Ukraine consolidate the material constituent of real rights to someone else’s property. From the standpoint of accounting, we can talk about the presence of intangible servitudes that are associated with the recognition and accounting of intangible assets. If this gap will be solved, then we can talk about the revision of the characteristics of way-leaves, relying on the positions of other branches of law. Practical impact. The idea that certain positions of intangible servitude are contained in national law is rather necessary and expedient. So, we can talk about corporate rights as a person’s rights, the share of which is determined in the statutory fund (property) of a business organization. These rights include the competence to participate in the management of a business entity, obtaining a certain percentage of profits (dividends) of this organization and assets in case of liquidation of it in accordance with the law, as well as other powers provided by law and statutory documents and, for example, the rights to use websites, or aspects of commercial secrecy. Correlation/originality. An analysis of the possible use of other types of way-leaves than those, which are enshrined in civil law in contractual, inheritance, land relations can become the basis for developing the most promising directions for the development of domestic civil law in this area and improving the civil law doctrine.

scholarly journals PROFESINIŲ SĄJUNGŲ MONOPOLIS KAIP TEISINIS JŲ VEIKLOS PAGRINDAS. LENKIJOS ATVEJIS

Teisė ◽  
2013 ◽  
Vol 89 ◽  
pp. 69-83
Author(s):  
Andrzej Marian Świątkowski
Keyword(s):  
Legal System ◽  
Trade Unions ◽  
Civil Law ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Freedom Of Association ◽  
Labour Law

Straipsnyje analizuojamas profesinių sąjungų steigimosi ir statuso teisinio reguliavimo aspektas. Autorius analizuoja Lenkijoje istoriškai susiklosčiusią situaciją, kai profesinėms sąjungoms teisės aktais buvo suteiktas darbuotojų atstovavimo kolektyviniuose darbo santykiuose monopolis. Straipsnyje taip pat keliamas civilinės teisės reguliuojamos įsisteigimo laisvės ir darbo teisės garantuojamos asociacijų laisvės santykio klausimas. The article analyses the legal aspects of the establishment of trade unions and the legal regulation of trade unions status. The article is based on Polish legal system where monopoly of the trade unions representation is historically established. The author also tries to find the answer on the relation between civil-law regulated right to establish and the labour law right to freedom of association.

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