scholarly journals THE LEGISLATION OF THE NON- PATRIMONIAL CIVIL RIGHTS ACCORDING TO THE NEW CIVIL CODE - THE RIGHT TO LIFE

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Mircea Chebeleu
Keyword(s):  
Civil Rights ◽  
Civil Code ◽  
Human Being ◽  
Right To Life ◽  
The Right

The right to life is a supreme attribute of the human being, whose compliance is thevery condition for exercising other rights. The right to life has two essential forms, a personalinterest of the human being and the interest of the society, extremely dangerous.

scholarly journals Violations of Private Life

2022 ◽  
Author(s):  
Gabriela Nemţoi ◽  
Keyword(s):  
Case Law ◽  
Civil Code ◽  
Private Life ◽  
Human Being ◽  
Right To Life ◽  
Comparative Development ◽  
It Value ◽  
Legislative Framework ◽  
The Right ◽  
International Conventions

Private life it is essential is a right, along with other rights, shapes the human being, giving it value and identity. In this consensus, the legislator through the Romanian civil code sought to impose a series of deeds aimed at infringing on private life. Thus, the listed facts can be considered as violations of private life only subject to the presented of Civil Code (Romanian Civil Code, 2009). This means that the facts indicated in art. 74 of Civil Code they cannot be qualified under any circumstances as violations of private life, but only if they are not among the violations allowed by the international conventions and pacts ratified by Romania. More specifically, those acts do not attract civil liability (payment of compensation, etc.) if they have infringed the particular life allowed under the Convention and the jurisprudence of the ECHR. The private life must be protected and guaranteed by establishing and identifying actions that are prejudicial. The article is a study that in of regulations standards demonstrate violations of the right to life. Comparative development of ECHR case law pointed out that although there is a solid legislative framework, the right to life can be violated.

When Does a Right to Life Arise?

2019 ◽  
pp. 47-64
Author(s):  
Lynn D. Wardle
Keyword(s):  
Severe Disabilities ◽  
State Regulation ◽  
Biological Science ◽  
Human Being ◽  
Right To Life ◽  
Legal Rules ◽  
Frozen Embryos ◽  
The Right ◽  
Legal Right

The question of when a legal right to life first arises in the course of a human being’s development is pertinent to a variety of contexts, including protection of prenatal life from injury by persons other than the gestational mother, what to do with frozen embryos when the couple who created them divorces, and how to treat children born with severe disabilities, as well as the more familiar context of state regulation, restriction, or prohibition of abortion. This chapter first summarizes social and biological science findings relevant to this question, then details development of legal rules and constitutional doctrine pertaining to abortion regulation before contrasting that with protections for prenatal life in other contexts. It concludes that the most coherent answer to the question when a right to life arises is that the right to life is coextensive with the biological life of the human being, and that a legal right to remain alive arises when a human being comes into existence and continues until it ceases to be a human being—that is, when its life has ended. This might provide justification for greater restrictions on abortion, but that could depend on additional considerations.

Mediation as a Final Settlement in Bankruptcy Disputes

2020 ◽  
Vol 8 (4) ◽  
pp. 1456-1462
Keyword(s):  
Civil Rights ◽  
Civil Code ◽  
Research Approach ◽  
Peace Agreement ◽  
Legal Principles ◽  
Legal Rules ◽  
The Government ◽  
The Right ◽  
Final Settlement ◽  
Made In

This study seeks to examine the concept of final mediation in the settlement of bankruptcy disputes as a form of alternative dispute resolution which has been opted by the disputing parties outside of court. The study used a normative legal research approach by investigating legal rules, legal principles, and legal doctrines to answer the legal problems faced. The results of the study show that the mediation is only a voluntary option as the Supreme Court’s Decree on Bankruptcy does not require any mediation in the settlement. It will be argued that the process of mediation is cheaper, faster, and simpler than the settlement process through the court. The implementation of mediation as a final settlement in bankruptcy disputes is a form of a person's civil rights that must be respected and upheld high as a form of agreement and contract made in accordance with Article 1320 in conjunction with Article 1338 of the Civil Code. The principle is an embodiment of the philosophy of natural law stipulating that rationally human being is given the right to freedom to perform acts. The final mediation for the settlement of bankruptcy disputes should be based on a peace agreement made by both creditors and debtors in good faith with reference to articles 1851, 1858 of the Civil Code and article 1338 in conjunction with article 1320 of the Civil Code. Thus, the study suggests that it is necessary to establish a national private mediation institution by the government or by the competent authorities.

scholarly journals EUTHANASIA IN INDIA – LEGISLATIVE PERSPECTIVE

2021 ◽  
pp. 43-49
Author(s):  
Sailaja PETIKAM
Keyword(s):  
Human Rights ◽  
Good Death ◽  
Right To Die ◽  
Human Being ◽  
Right To Life ◽  
Indian Culture ◽  
International Convention ◽  
Hindu Religion ◽  
Mercy Killing ◽  
The Right

Every human being should enjoy right to life. Article 21 of the Indian Constitution as well as under article 3 of International Convention Universal Declaration of Human Rights, 1948, guaranteed the right to life. Every aspect of right to life has been always subject to consideration of judiciary and depend upon the facts and situations. Right to die is also claimed under this head. Euthanasia is interpreted as 'mercy killing' or 'good death'. It is advocated that there are different situations in which it should be allowed to the person to let him choose his death in place of compelling him living alive. There are different approaches in this regard which either opposes the grant of mercy killing or denies to grant the death as right to die due to some causes. Everyone has the right to live dignified life according to his wish being living into certain limits and it is expected that a human being should struggle also in adverse circumstances around him. He should not lean in front of the situations. The Indian culture gives us such teachings. Hindu religion believes in the eternity of soul. Death is only the way to change a body. The soul never dies, it is eternal. Muslim religion also believes that life should be finished only upon the wish of Allah, it condemns the unnatural ending of life. But in present society in some situations, it is defended that the person should have the right to choose death. Thus, in this context the paper concentrated on the law of euthanasia in India in a legislative perspective and judicial interpretations on euthanasia.

scholarly journals Defining and Achieving Freedom from Hunger: A Rights-Based Approach

2013 ◽  
pp. 54-64
Author(s):  
Saurav Ghimire
Keyword(s):  
Human Rights ◽  
Social Class ◽  
Armed Conflict ◽  
Human Being ◽  
Right To Life ◽  
Human Right ◽  
Short Life ◽  
The World ◽  
The Right ◽  
Wrong Place

If one is born in the right part of the world and in right social class, the problem of being hungry has its solution in the nearest refrigerator. However, if the situation is reverse, one may go hungry throughout one’s short life, as 800million born in the wrong place and in wrong social class are doing as we discuss the concern. Peace cannot exist where the hunger prevails as the former signifies not merely the absence of armed conflict but the establishment of human rights for all people, and no human right is worth anything to a starving person. That is why the freedom from hunger is fundamental to live as human being and is a necessary part of right to life.

scholarly journals Investigating the Custody in Shiite Jurisprudence and Civil Rights in France

2016 ◽  
Vol 9 (7) ◽  
pp. 230
Author(s):  
Mahdi Nazemi ◽  
Abbas Ali Salehi
Keyword(s):  
Civil Rights ◽  
Child Custody ◽  
Civil Law ◽  
Civil Code ◽  
Third Party ◽  
Child Rearing ◽  
Religious Orders ◽  
Spiritual Dimension ◽  
The Right ◽  
Legal Opinion

Custody in Islam is the procedure for child rearing, which effects his physical and material context. What kept custody of the child apart from other issues, is attention to the spiritual dimension of the child and considering the child needs. Child custody and disputes on it leads to be an important issue for parents in countries civil law. In civil rights it becomes as well as the important of religious orders and opinions of jurists, in this regard recommendations are provided on how to improve the supervision and laws of our country's children for a better life. Therefore, in this case, it is needed to examine the legal opinion regarding to the custody of the two legal systems of Iran and France. The first custody must be investigated and have priority to the custody of the father or mother. In Iranian Civil Code the right and duty of parents in custody knows some right and some homework. In French Civil Code custody of parents towards children in all areas of life for the growth, maintenance and education of children is common and conspicuous aspects of its obligatory. The exercise of the custody right is shared between parents and conditions are considered the parent with custody situations where their absence is excused. Parents under certain circumstances can have the right to self-disclaimer or leave to a third party to ask the court about the right.

scholarly journals SPECIFIC FEATURES OF ASSETS AS OBJECT OF CIVIL RIGHTS

2021 ◽  
pp. 164-170
Author(s):  
O. Ye. Kukhariev
Keyword(s):  
Civil Rights ◽  
Limited Range ◽  
Civil Code ◽  
Complex Object ◽  
Local Character ◽  
The Law ◽  
The Right ◽  
Exhaustive List ◽  
Legal Entities ◽  
The Way

The article is focused on identifying specific features of assets as object of civil rights by defining and characterizing its features. Revealing the essence of assets through the composition as a set of rights and obligations that belonged to the ancestor at the time of assets’ opening and were not ceased as a result of the death, most adequately reproduces the specifics of this object. Specific features of assets are determined by a set of features: 1) local character; 2) clearly defined temporal boundaries of existence; 3) a complex object; 4) limited civil circulation, since Book 6 of the Civil Code of Ukraine enshrines a closed list of transactions that may be implemented in respect to assets; 5) the composition of assets is determined at the time of opening assets and covers only those rights and obligations, which were carried by the ancestor during his lifetime; 6) a limited range of subjects for assets as for an object of civil rights; 7) the only procedure for acquiring the inheritance right is succession. Normative regulation of assets is characterized by discretionary nature, since the law defines an open (non-exhaustive) list of rights and obligations that make up its composition. In some cases the composition of assets also includes certain legal entities that have not acquired the form of subjective civil right at the time of assets’ opening. For example, a person started the process of privatizing his / her berth and did not have time to complete the process due to his / her death. In such cases, lawful heirs have the right to complete the process of privatization of berth started by the ancestor and become the owner of the property. Since the ancestor managed to express his / her will to privatize the berth during his lifetime (submitted the relevant documents), but died, the right to privatization was transferred into the stage of realization, being stopped on the way to subjective right, and therefore may become the object of succession. It has been argued that the obligations are additional elements of assets’ composition, since they pass to the lawful heir only together with the ancestor’s rights. In turn, rights are the key element of assets’ composition.

Slave Over Master in Colonial Colombia and Ecuador

1982 ◽  
Vol 38 (3) ◽  
pp. 315-326 ◽  
Author(s):  
David L. Chandler
Keyword(s):  
Catholic Church ◽  
The Body ◽  
Human Being ◽  
Right To Life ◽  
Catholic Theology ◽  
Contractual Arrangement ◽  
The Social ◽  
The Caribbean ◽  
The Right ◽  
Do So

The social milieu in which slavery took place in Latin America, especially colonial Colombia and Ecuador, was markedly different than in Brazil, the Caribbean, or the thirteen colonies. Paternalistic attitudes of church and government, protective legislation, a slow, even stagnant, pace of economic development and other factors created a situation which a knowledgeable and enterprising slave could often turn to his advantage and even manipulate.From the beginning the Catholic Church took the position that slavery was a contractual arrangement whereby the slave placed his time and the result of his labor at the disposal of his master, but that he remained a human being with certain innate rights: the right to life, limb, body and reputation. A master could not keep his slaves from marrying, for example, for to do so deprived him of the rights of the body. For a violation of any of these rights the master must make restitution to the slave, as if he were a free man. Moreover, in Catholic theology the soul of the black man was equally as important as the soul of any human being.

ABORTION, AUTONOMY, AND CONTROL OVER ONE'S BODY

2003 ◽  
Vol 20 (2) ◽  
pp. 286-306 ◽  
Author(s):  
John Martin Fischer
Keyword(s):  
Human Being ◽  
Right To Life ◽  
The Right ◽  
And Control

It is often thought that if a developing human being is considered a “person” from the beginning, then it would follow that abortion (at any time) would be impermissible. For, after all, a person has a stringent right to life, and because life is a prerequisite for enjoying any other goods, it is plausible that the right to life is a “basic” or “fundamental” one, not easily overridden by other considerations. The right to life, it would seem, could not be outweighed by another individual's preferences, even preferences about what should happen in or to her body.

scholarly journals Women's Civil Rights in Lebanon

1970 ◽  
pp. 19-21
Author(s):  
Alia Berti Zein
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Universal Declaration ◽  
Human Being ◽  
Equal Rights ◽  
Men And Women ◽  
The Right

Article 2 of the 1948 Universal Declaration of Human Rights affirms the right of each human being to enjoy all rights and liberties set forth in the Declaration without distinction of any kind as to race, color, sex, language, or religion, while Article 16 confers on men and women equal rights regarding marriage and its dissolution.

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