scholarly journals Interpretation of Wills - Does Endumeni Case Apply?

2021 ◽  
Vol 24 ◽  
pp. 1-30
Author(s):  
Fareed Moosa
Keyword(s):  
Pension Fund ◽  
Contextual Factors ◽  
The Other ◽  
Modern Trend ◽  
Written Text ◽  
Other Hand ◽  
The Will ◽  
The Law ◽  
Interpretive Process ◽  
Last Will And Testament

This article argues that the general approach to documentary interpretation articulated in Natal Joint Municipal Pension Fund v Endumeni Municipality 2012 4 SA 593 (SCA) (Endumeni) applies also to the interpretation of wills, subject to adaptation for context. It is argued that interpretation of wills and the application of an interpretation to a particular factual setting are coequal tasks. Each case must be decided on its own facts. The cardinal rule is the ascertainment of a testator's intention and giving effect thereto, provided that this will not bring about a violation of the law. It is argued that a court must put itself in the armchair of the testator and, after determining where the probabilities lie, it must infer or presume what the testator had in mind at the time that the will was created. Although intention is subjective, the interpretive process to determine a testator's intention is objective in form. It is argued that a court must, in every instance, understand the purpose for which it seeks to determine a testator's intention. This is so that it can undertake the correct enquiry. If the aim is to determine the meaning of a testamentary provision, then a testator's intention must be ascertained as memorialised in the written text of the will read as a whole, taking into account also the purpose of the text and its context. If, on the other hand, the aim is to determine whether a document is a testator's intended last will and testament, as is the case when section 2(3) of the Wills Act 7 of 1953 is invoked, then a testator's intention must be ascertained with reference to the document's purpose, taking also into account all legally relevant and admissible internal and external contextual factors. It is argued that all this is, as confirmed in Endumeni, consistent with the modern trend favouring an objective, purposive, contextual cum teleological mode of documentary interpretation.

scholarly journals AGREEMENT OF THE WILLS FROM THE CONTRACTUAL PARTIES AS ONE OF THE CONDITIONS TO MAKE A DEAL

2018 ◽  
Vol 28 (6) ◽  
pp. 1953-1957
Author(s):  
Aleksandra Patoska
Keyword(s):  
Administrative Law ◽  
The Other ◽  
Written Text ◽  
Theoretical Structure ◽  
Frequent Use ◽  
The Will ◽  
The Law ◽  
Theory Of Law ◽  
The One ◽  
The Right

Every agreement of the wills among two or more persons who make mutual law relation or changes or calls of the existing law relation is named as a contrast in the theory of law. According its characteristics, the law relations may be different - obligatorious, familliarious, hereditorious, administrativ, merchanditorious etc., because of what the contracts as instruments of law regulations of that relationships are published in different law branches, like: familly law, heretige law, administrative law, merchandise law etc. Regarding its theoretical structure and frequent use and meaning in the law practice, the obligatory contracts are separated - those which may make obligatory relationships.The obligatory relationships are law connection among two or more parties from which one of them has the right to ask for, and the other is obligated to give the asked or to do, or not to do, or to bear it. The essence of the obligatory relation is in the right of the creditor to ak from the debtor to fulfille his obligation, which means - basicly - they are in creditor - debtor's relationships. Therefore, the obligatory contracts are double law acts according to which, in the agreement of the wills between two parties, the one part obeys to give something, to do or not to do something, or to bear something in the benefit of the other part, the part which takes that obligation as its right.The agreement of the wills of the contractual parties is one of the four common conditions of the genezes of a contract. It is realized by equality of the different whishes and different aims which the parties like to reach by making an agreement. There are the questions which I am trying to answer in my written text: about law relevant will, the atributes which the will should possesse, the ways of giving the will and, at the end, coordinating the wills of the two parts which goes to make the contact. The coordinating of the wills should be done on a legalized or usual way, frequently or usually by giving an offer from the first part and reaching the offer from the other one. That is the most usual mode of implementation the reunification of the wills between the contractual parts.

scholarly journals The Will for Heirs: A Juristic Analytical Study

2019 ◽  
Author(s):  
International Journal of Fiqh and Usul al-Fiqh Studies
Keyword(s):  
Analytical Methods ◽  
Analytical Study ◽  
Islamic Law ◽  
The Other ◽  
Majority Opinion ◽  
Other Hand ◽  
Islamic Jurisprudence ◽  
The Will ◽  
The Law ◽  
The Needy

This research aims to study the topic of “The Will for Heirs: A Juristic Analytical Study.” It deals with the definitions of will or testament and heirs from the perspective of Islamic jurisprudence. It discusses the views of jurists regarding the ruling of will for heirs by discussing proofs of jurists on this issue in the light of Islamic law of inheritance. This research discovers that the Muslim jurists differed on the law of will for heirs according to three schools of thought: according to Shī’ah Imāmiyyah and some supporters of Zaydiyyah, the will for heirs is permissible in one-third whether approved by the other heirs or not. This view differs from the majority of jurists who invalidate the will for heirs except by the permission of the other heirs because their permission is like a forfeiture of their right. Others, such as Ẓāhiriyyah, opposed the implementation of will for heirs. They argued that the will, will cause dissatisfaction in other heirs or inheritors. On the other hand, the will for heirs is useful and beneficial for some of the needy heirs. The researchers rely on the inductive and analytical methods. One of the important findings of this research is that, relying on the majority opinion of jurists, the law of will for heirs is valid only with the permission of the rest of the heirs after the death of the testator; this is the best opinion based on the strength of the evidence and their keenness on the unity of the heirs of the deceased.

scholarly journals God se antwoord op geweld en land in Deuteronomium

2015 ◽  
Vol 49 (1) ◽  
Author(s):  
J.L. Helberg ◽  
Chris Van der Walt
Keyword(s):  
The Other ◽  
Preferential Treatment ◽  
Promised Land ◽  
The Earth ◽  
Other Hand ◽  
The Will ◽  
The Law ◽  
Human Responsibility ◽  
The One ◽  
Will Of God

Deuteronomium getuig van God se besondere liefde soos Hy dit in verband met die Beloofde Land aan Israel betoon het. Sy bevoorregting van Israel asook sy betrokkenheid by geweld roep egter baie vrae en bespreking op. Twee aspekte wat nie in die besprekings daarvan werklik aandag kry nie, word in hierdie artikel ondersoek: enersyds die verantwoordelikheid en/of skuld van die menslike partye en andersyds dié van God. Die bevindinge is: (1) Nie die nasies of Israel kan God verwyt nie, want die nasies tree self gewelddadig en eksploiterend teenoor mekaar op. Mense bewoon die aarde ten koste van ander mense en ook ten koste van die aardeself. Hulle tree hardnekkig en opstandig op teen die Wet en die wil van God wat die beste vir hulle bedoel. Tog is God in beheer van alles wat gebeur, Hy is onbegryplik en sonder blaam, selfs wanneer Hy in en deur die sondige werklikheid optree. (2) Deuteronomium praat van God se krasse geweld én oorweldigende liefde en verkondig dat Hy die verantwoordelikheid en skuld van die sondige, opstandige mensdom op Hom neem. Hierop gee die Dienaarliedere van Jesaja nog duideliker lig. God moet veral teen hierdie positiewe getuienis waardeer word. Dit is Hy wat aan die werk is en daarom moet die situasie vanuit die oogpunt soos Hy Homself bekend maak, beoordeel word.God, violence, and land in Deuteronomy. Deuteronomy attests of God’s exceptional love as proven to Israel in connection with the Promised Land. However, his preferential treatment of Israel and his involvement in violence invokes many questions and much debate. This article investigates two aspects, which do not really receive attention in the debate: on the one hand, human responsibility and guilt, and on the other hand that of God. The findings are: (1) Neither the nations nor Israel can reproach God, for they themselves act violently and exploitingly. They inhabit the earth at the expense of others and of the earth itself. They act obstinately toward the Law and the will of God, who has the best in mind for them. Even so,God is without blame, incomprehensibly in control of all that happens, even when he acts in and through the use of the sinful reality. (2) Deuteronomy testifies about God’s severe violence ánd overpowering love. It is implicitly stated that God takes the responsibility and blame of sinful and rebellious humanity upon himself. The servant songs of Isaiah shed even more light on this issue. God must especially be appreciated by these positive testimonies and with complete trust in his unfathomable power and grace.

Law’s Contradictions

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
The Other ◽  
Political Actors ◽  
Political Conflicts ◽  
Other Hand ◽  
The Law ◽  
The One

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.

Problems of Western Europe

1949 ◽  
Vol 11 (2) ◽  
pp. 153-169
Author(s):  
Bernard Wall
Keyword(s):  
Great Britain ◽  
United Nations ◽  
Economic Crisis ◽  
Western Europe ◽  
The Other ◽  
Common People ◽  
Western Nation ◽  
Other Hand ◽  
The Will ◽  
East And West

The following pages are based on the last six months of 1948 which the writer spent in England, France and Italy. During this period Marshall aid had begun to bear certain fruit. On the other hand the international situation, already bad at the opening of the period, had deteriorated cumulatively as time passed. The Berlin deadlock, a symbol of the will of East and West, continued as before; and not even the beginning of a solution was reached at the United Nations assembly in Paris in die autumn. All over Europe people were preoccupied widi the economic crisis; but also by the direat of a new war. A military committee composed of Great Britain, France and Benelux was formed in the autumn under the chairmanship of Marshal Montgomery. There remained problems about this committee's effectiveness as well as about the extent to which other proposals for Western union were practicable at present. While in each country in Western Europe common people and politicians are talking more about union than ever before, in practice separatist tendencies in each shrunken western nation are still at work and travel to, or independent contact with, neighboring countries is a far more difficult business today than it was in 1939.

STUDI KRITIS JUAL BELI DEKORASI UANG MASKAWIN

Al-MAJAALIS ◽  
2018 ◽  
Vol 6 (1) ◽  
pp. 1-36
Author(s):  
Muhammad Arifin Badri
Keyword(s):  
The Other ◽  
Other Hand ◽  
Business Opportunities ◽  
The Law ◽  
The One ◽  
High Level

This study aims to examine the laws of dowry money decoration that are common in the community. The innovation and soul of art that is channeled through décor of dowry money is proven to produce beautiful and unique works, so as to attract the attention and interest of the wider community. However, because to produce beautiful and unique works, a high level of creativity is needed, so not everyone can do it. On the one hand, this phenomenon opens up quite good business opportunities, but on the other hand, it should be watched out, because in some conditions it contains the practice of buying and selling currencies with nominal differences. Through this study, I would like to uncover the law of buying and selling practices decorating dowry money and decorating services. As I also intend to present an applicative solution for the community so that they can still channel their artistic talents without violating Shari’ah law.

Dismissal with Monetary Consideration under Art. 232, para. 2 of the Labour Code

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Hristo Banov ◽  
Keyword(s):  
Employment Relationship ◽  
The Other ◽  
Employment Contract ◽  
Other Hand ◽  
Unilateral Termination ◽  
The Law ◽  
The One ◽  
Rules Set ◽  
Final Calculation

The article reviews the main differences between the monetary obligation of the employer under Art. 232, para. 2 of the Labour Code and other payments that the same party owes by law in the employment relationship. Thus, the hypotheses are differentiated, on the one hand, of the unilateral termination of the employment contract by the employer against monetary payment on the grounds of Art. 232, para. 2 of the Labour Code, and, on the other hand, the emergence of an obligation to pay certain compensations – in the true sense of the term – under Art. 213, Art. 214, Art. 219, para. 2 and Art. 225 of the Labour Code. Thereby, the thesis regarding the impossibility of incurring of an obligation on the employer to simultaneously execute the various mentioned monetary considerations, is reasoned. In addition, the rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employer’s monetary payment, which this study focuses on.

scholarly journals ETHICAL PRINCIPLES OF SOCIETY AS REGULATORY FACTORS OF CIVIL LAW OF UKRAINE: THE ISSUE OF VALIDITY

2019 ◽  
pp. 16-20
Author(s):  
V. Кroitor
Keyword(s):  
Civil Law ◽  
The Other ◽  
Ethical Principles ◽  
Regulatory Requirements ◽  
Regulatory Factors ◽  
Other Hand ◽  
Moral Rules ◽  
The Law ◽  
The One

The article studies the issue of scientific and practical validity of applying ethical principles of society as regulatory factors of civil law of Ukraine. Taking into account the lack of validity of ethical principles of society as regulatory factors, the author attempts to make a correlation between the content of such principles of civil law as fairness, integrity and reasonableness, on the one hand, and ethical principles of the society, on the other hand. The author of the paper proves that it is inappropriate to apply the provisions of morality as regulatory factors for the regulation of civil relations. The conclusion on the objection to the civil regularity of ethical principles of society is based on several theses. Firstly, moral rules are not formalized, which creates a threat of arbitrary interpretation of their content. Secondly, ethical principles do not have a definite source of origin. Thirdly, the fundamental ethical rules have already been taken into account in the content of the principles of fairness, integrity and reason, which in turn create competition between the two types of regulatory factors. Unreasonable duplication of regulatory requirements reduces the functionality of the law, complicates the perception of its requirements. The competition between the principles of law and the ethical principles of society must be eliminated by refusing to give the latter the function of regulatory factors. The author of the paper does not deny the possibility of taking into account the ethical principles of society while regulating the relations that have been neglected by the "official law".

scholarly journals Tilbake til det neumiske: Fortolkning og dialektikk hos Adorno og Harnoncourt

2020 ◽  
pp. 215-242
Author(s):  
Emil Bernhardt
Keyword(s):  
The Other ◽  
Written Text ◽  
Other Hand ◽  
Musical Interpretation ◽  
Dialectical Relationship ◽  
The One ◽  
Shed Light

My aim in this article is to develop a possible understanding of Adorno’s thoughts on musical interpretation as they appear in a collection of fragments posthumously published in 2001 under the title of Zu einer Theorie der musikalischen Reproduktion [Towards a Theory of Musical Reproduction]. I do this by using an actual sounding example, with emphasis on the dialectical relationship between the written text and the sounding realization. On the one hand, I use a passage by Beethoven (Symphony No. 1, First Movement) that is characterized by some philological uncertainties regarding articulation, explained in slightly different ways in three so-called Urtext-editions of the score. On the other hand, I use a recorded interpretation of the Vienna Philharmonic Orchestra conducted by Austrian Nikolaus Harnoncourt. I will argue that, in this performance, Harnoncourt’s articulation of the actual passage provides a useful illustration of the tension between text and sound. Moreover, as the interpretation is also musically intriguing, it seems to function as a thought-provoking example of the dialectical relationship which for Adorno characterizes a successful musical interpretation. Thus, the article aims to shed light on both Adorno’s somewhat intricate speculations and Harnoncourt’s personal practice of interpretation.

scholarly journals ABUSE OF THE RIGHT TO INITIATE BANKRUPTCY PROCEEDINGS

2020 ◽  
pp. 259-264
Author(s):  
В. В. Дутка
Keyword(s):  
The Other ◽  
Legal Entity ◽  
Legal Norms ◽  
Other Hand ◽  
Bankruptcy Procedure ◽  
Good For ◽  
The Law ◽  
The Right ◽  
Ordinary Citizens ◽  
Legal Entities

The relevance of the article is that society’s attitude to the bankruptcy procedure is ambiguous: ordinary citizens who have never been involved in bankruptcy proceedings often perceive it as a certain negative phenomenon that should be avoided and avoided. On the other hand, for many debtors, bankruptcy becomes the “lifeline” with which they can repay their claims to creditors and start financial life “from scratch”. At the same time, it should be noted that many debtors and creditors use the bankruptcy procedure not for the purposes provided by the legislator in the relevant legal norms, but to satisfy only their own interests, to the detriment of the interests of other parties to the case. In this regard, the study of the abuse of the right to initiate bankruptcy proceedings becomes relevant. The article is devoted to the study of abuse of the right to initiate bankruptcy proceedings. The purpose of the article is to study the abuse of the right to initiate bankruptcy proceedings and highlight the author’s vision of this issue. According to the results of the study, the author concludes that the application to the debtor of bankruptcy procedures can be both good for the debtor and to the detriment of the interests of his creditors. Entities that could potentially abuse the right to initiate bankruptcy proceedings are: creditors of the debtor – a legal entity, as well as debtors – legal entities, individuals and individuals – entrepreneurs. The fact of exemption of debtors from the court fee for filing an application to initiate bankruptcy proceedings is not only an unjustified luxury for our state, but also only contributes to the abuse of the right to initiate bankruptcy proceedings by unscrupulous debtors. In order to reduce the number of cases of abuse of the right to initiate bankruptcy proceedings, the author justifies the need to complicate the conditions for opening bankruptcy proceedings, for example, by returning the conditions provided by the Law of Ukraine “On Restoration of Debtor’s Solvency or Recognition of Debtor’s Bankruptcy”.

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