scholarly journals Facility under Construction and Investment in Property Maintenance and Improvement as part of the Joint Property of Spouses: Issues of Object Identification and Choice of Protection Method

Lex Russica ◽  
2020 ◽  
pp. 156-163
Author(s):  
E. A. Usacheva
Keyword(s):  
Civil Rights ◽  
Current System ◽  
Legal Protection ◽  
Object Identification ◽  
The Other ◽  
Real Property ◽  
Protection Method ◽  
Under Construction ◽  
The Right ◽  
Joint Property

The purpose of the paper is to classify the buildings built in marriage and investments made in one of the spouses’ property from the viewpoint of the current system of civil rights objects, to determine the appropriate ways to protect the interests of the spouses arising in connection with these objects. The analysis of the norms of civil and family legislation made it possible to identify the problem of legal insecurity of a spouse’s interest in common joint property when reimbursing expenses incurred in connection with his investments into the other spouse’s property maintenance or improvement. The same is true for the acquisition of ownership rights to a building erected during the marriage on a plot of land owned by the other spouse in the absence of primary registration of the right to it. It is established that a direct application of civil law object classification in determining the composition of marital property subject to division, leading to interdependent loss of efficiency of norms of civil and family law (repaying the action of each other), and deprivation of the indicated interests of a spouse legal protection. It is proved that the protection of the interest in compensation for expenses incurred to improve or maintain the personal property of one of the spouses can only be provided by adding a special norm to the Family Code of the Russian Federation that fixes the legality of this interest and determines the method of its protection. The spouse’s interest in acquiring ownership of a building erected during marriage on a plot of land owned by the other spouse, if the primary ownership of the building is not registered, can only be protected by adapting the principles of real property classification to the regime of common joint property of the spouses by expanding the scope of the exception to the principle of incorporation or by introducing an exception to the principle of superficies solo cedit.

PROTECTION OF INTELLECTUAL PROPERTY RIGHTS IN UKRAINE: MODERN REALITIES AND PROSPECTS

2017 ◽  
Author(s):  
Yuliia Tovstohan ◽  
◽  
Serhii Ivanov ◽  
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Current System ◽  
General Procedure ◽  
Legal Protection ◽  
General Concept ◽  
Scientific Article ◽  
Definition Of

The scientific article examines the modern mechanism of protection of intellectual property rights in Ukraine. Attention is paid to the historically first using of the concept of intellectual property rights in international law and the shortcomings of this definition. The legal definition of this concept contained in the Civil Code of Ukraine is analyzed. It is concluded that the legislative enshrinement of intellectual property rights is evidence of its recognition by the state, and such a right applies to special objects, the list of which is enshrined at both national and international levels. The question of the relationship between the concepts of "protection" and "defense" of civil rights is covered. The main groups of approaches of scientists to the solution of this problem are indicated. An approach that defines "protection" as a general concept for "defense" is supported, where "protection" is a broader concept that covers the term "defense". Emphasis is placed on the fact that although these legal categories are related, they cannot be identified. The main features that distinguish these concepts are listed, and the features of "defense" as an independent concept are highlighted. There are given examples of definition of the concept of protection of intellectual property rights given by scientists. Based on these definitions, the main features of this term are summarized. The issue of forms of protection (jurisdictional and non-jurisdictional) has been studied. The general and special order within the jurisdictional form is distinguished. It is noted about the peculiarities of self-defense as a non-jurisdictional form. The focus is on the judicial (general) procedure for protection of intellectual property rights as the main one. Possible ways of protection (civil, administrative, criminal, and criminal) are analyzed. The problems and shortcomings of the current system of legal protection and protection of intellectual property rights in Ukraine are analyzed. Both reports from international partners and research by Ukrainian scientists were used. The authors outline ways to solve existing problems. The conclusions of the study are formulated and the possibility of further scientific research in this area is indicated.

scholarly journals NON-JURISDICTIONAL FORMS OF PATENT RIGHTS PROTECTION IN THE RUSSIAN FEDERATION

2019 ◽  
Vol 8 (6) ◽  
Author(s):  
Ruslan B. Sitdikov ◽  
Ravil M. Sadykov
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legal Protection ◽  
Negative Consequences ◽  
Patent Holder ◽  
Self Defense ◽  
Patent Rights ◽  
The Russian Federation ◽  
State Registration ◽  
The Right

This article discusses the features of the implementation of non-jurisdictional forms of protection of civil rights (self-defense, claims, mediation) in relation to patent infringements in the Russian Federation. It is noted that the self-defense of patent rights by classical means in non-contractual legal relations is limited due to the peculiarities of the legal nature of the objects of patent rights, namely because of their intangible nature, the general availability of information about them, the presence of state registration, but it is possible to use special means of self-defense: software and hardware, introduction trade secrets, optimization of patenting and legal protection strategies as know-how. It is concluded that it is necessary to specify the provisions of Articles 1252 of the Civil Code of the Russian Federation and Articles 14.1. - 14.3. Federal Law on the Protection of Competition regarding the assessment of good faith / unfairness of the distribution by the patent holder of warnings about the alleged violation of his rights and apply the approach according to which: the patent holder has the right to protect his exclusive right, and also in case of threat of negative consequences from third parties, to disseminate information about the alleged , in his opinion, a violation of his rights, including against the alleged offender, as well as other persons, including buyers / p purchasers of goods, works, services of the patent holder or the alleged infringer, which in itself is not an act of unfair competition.

On Certain Questions of Circulation of Exclusive Rights and Material Carrier of Objects of Intellectual Property

10.12737/5495 ◽  
2014 ◽  
Vol 2 (9) ◽  
pp. 5-10
Author(s):  
Марина Рожкова ◽  
Marina Rozhkova
Keyword(s):  
Intellectual Property ◽  
Civil Rights ◽  
Property Rights ◽  
Legal Protection ◽  
Legal Authority ◽  
Intellectual Activity ◽  
Named Objects ◽  
Exclusive Property ◽  
The Right ◽  
Exclusive Right

The article draws attention to the main sign of intellectual property, which set them apart from other objects of civil rights, their intangible nature. Given this characteristic, it is emphasized that in civil circulation are introduced themselves the objects of intellectual property and exclusive rights to them and physical media that embodies these objects. In addition, the rules of entering into civil turnover for the named objects of civil rights — exclusive rights and material carriers is different. Physical media are differentiated depending on what is the purpose for their creation. If the purpose of fastening of the object of intellectual activity on the material carrier is to obtain the legal protection of this object, it is a primary material embodiment; if the goal is the introduction of a quantity of material carriers — talking about secondary material embodiment. Exclusive (property) rights can be the object of civil transactions in situations where the right holder provides the legal authority: either alienates belonging to him of the exclusive right to fully or allows another person to one of the rights that make up the exclusive right, the right use of the object of intellectual property rights on conditions of the license.

scholarly journals Perlindungan Hukum Bagi Kreditor Terhadap Hapusnya Hak Atas Tanah yang Dibebani Hak Tanggungan

Acta Comitas ◽  
2019 ◽  
Vol 4 (2) ◽  
pp. 251
Author(s):  
I Dewa Gede Arie Kusumaningrat
Keyword(s):  
Dispute Resolution ◽  
Legal Protection ◽  
Land Rights ◽  
The Other ◽  
Conceptual Approach ◽  
Other Hand ◽  
Credit Agreement ◽  
The Right

Credit distribution by banks is one effort that can be utilized by everyone to meet needs that are very diverse and always increasing. Credit distribution by banks is generally carried out in the presence of collateral to increase creditor trust. Credit distribution is a product that is profitable for the bank, but on the other hand there is a risk in lending due to the need for time from the lending phase to the repayment stage. Credit implementation does not always run smoothly, one of which is when the credit debtor becomes bogged down, plus the collateral of the debtor cannot be executed by the bank because the guarantee has been removed by a certain matter. The problem is how the legal protection for creditors against the abolition of land rights burdened with liability and how the debtor's responsibility due to the abolition of rights to land burdened with mortgage rights. Normative juridical research used in compiling this study is accompanied by the use of a legal approach (Statue approach), and a conceptual approach. There are two types of protection for creditors, namely preventive legal protection (prevention) and repressive legal protection (dispute resolution). The debtor is still obliged to pay off the debt even though the collateral with the right of liability has been removed. The credit agreement is a protection for creditors in the event of a dispute during the process of lending, then efforts can be made by the bank if there is a problem, namely by conducting a credit restructuring. Penyaluran kredit oleh bank merupakan salah satu upaya yang dapat dimanfaatkan oleh setiap orang guna memenuhi kebutuhan yang sangat beraneka ragam dan selalu meningkat. Penyaluran kredit oleh bank pada umumnya dilakukan dengan keberadaan jaminan guna meningkatkan kepercayaan kreditor. Penyaluran kredit merupakan produk yang menguntungkan bagi bank, namun disisi lain terdapat resiko dalam penyaluran kredit tersebut yang dikarenakan diperlukannya waktu sejak tahap pemberian kredit sampai pada tahap pelunasan kredit. Pelaksaan kredit tidak selalu berjalan dengan lancar, salah satunya ketika debitor kreditnya menjadi macet, ditambah lagi jaminan debitor tidak bisa dieksekusi oleh bank karena jaminan telah hapus oleh suatu hal tertentu. Adapun yang menjadi masalah yakni bagaimana perlindungan hukum bagi kreditor terhadap hapusnya hak atas tanah yang dibebani hak tanggungan dan bagaimana tanggung jawab debitor akibat hapusnya hak atas tanah yang dibebani hak tanggungan. Penelitian normatif digunakan dalam menyusun penelitian ini disertai penggunaan pendekatan perundang-undangan (Statue approach), dan pendekatan konseptual (conceptual approach). Terdapat dua jenis perlindungan bagi kreditor yaitu perlindungan hukum preventif (pencegahan) serta perlindungan hukum represif (penyelesaian sengketa). Debitor tetap berkewajiban melunasi utangnya meskipun jaminan dengan hak tanggungan telah hapus. Perjanjian kredit menjadi perlindungan bagi kreditor dalam hal terjadinya sengketa selama proses penyaluran kredit, kemudian upaya yang dapat dilakukan bank apabila terjadi permasalahan yakni dengan melakukan restrukturisasi kredit.

scholarly journals Befogadók vagy jogvédők?

Educatio ◽  
2021 ◽  
Vol 29 (3) ◽  
pp. 339-349
Author(s):  
Katalin Forray R. ◽  
Tamás Kozma
Keyword(s):  
European Union ◽  
Social Policy ◽  
Civil Rights ◽  
Civil Rights Movement ◽  
Legal Protection ◽  
The Other ◽  
The Political ◽  
Political Arena ◽  
Similarities And Differences ◽  
The 1960S

Összefoglaló. A befogadás (inklúzió) eredetileg a szegénypolitika (szociálpolitika) szakkifejezése volt. Onnan terjedt át a társadalompolitikába és a pedagógiába (gyógypedagógia). A Lisszaboni Egyezmény (2000) óta az Európai Unió hivatalos állásfoglalásaiban visszatérően szerepel mint törekvés a „társadalmi kohézió” erősítésére. A jogvédelem eredete visszanyúlik az 1960-as évtized amerikai polgárjogi mozgalmára. Két eset ismertetésével a szerzők bemutatják a kétféle mozgalom hasonlóságait és különbségeit; összekapcsolva őket a roma/cigány oktatáspolitika dilemmáival. A roma/cigány szegénység még mindig szükségessé teszi a befogadás politikáját. Ugyanakkor a szegénységből kiemelkedő roma/cigány középosztály köreiben erősödik a politizálás szándéka és a jogvédelem igénye. Summary. “Inclusion” has initially been a social policy term. Its use spread from there to policies of welfare, healthcare and education (special education). Inclusion has repeatedly mentioned since the Treaty of Lisbon (2007) in European Union resolutions as an effort to strengthen “social cohesion”. “Legal protection”, on the other hand, goes back to the American civil rights movement of the 1960s. By describing two Hungarian cases, the authors present the similarities and differences between the two policies; linking them to the dilemmas of Roma education policy. Inclusion as a social policy is still necessary because of existing Roma poverties. At the same time, the intention to politicize and the need for legal protection is growing among the new Roma middle class, which emerges out of poverty and steps into the political arena.

scholarly journals Prinsip Hukum Pelayanan Perizinan Terpadu Satu Pintu (PTSP) di Indonesia

2020 ◽  
Vol 2 (2) ◽  
pp. 107
Author(s):  
Pung Karnantohadi*
Keyword(s):  
Civil Rights ◽  
Public Services ◽  
Legal Protection ◽  
Special Treatment ◽  
The Public ◽  
One Stop ◽  
The Republic ◽  
The One ◽  
The Right ◽  
Integrated Service

This research entitled “Law Principle of One-Stop Integrated Service”. The preambule of the 1945 Constitution of the Republic of Indonesia mandated that the objective of the establishment of the Republic of Indonesia was to advance public welfare and educate the life of the nation. The mandate implies that the state is obliged to fulfill the needs of every citizen through a system of government that supports the creation of excellent public services in order to meet the basic needs and civil rights of every citizen of public goods, public services, and administrative services.The philosophical foundation of the obligation of every person to have permission to carry out their activities is contained in the provisions of Article 28J paragraph (1) of the 1945 Constitution of the Republic of Indonesia (Amendment), which aims to respect the human rights of other people in an orderly society, nation and state. In accordance with the provisions of Article 28 Paragraph (2) of the 1945Constitution of the Republic of Indonesia (Amendment), permission is a limitation of one's right to provide facilities to the community in the One Stop Integrated Service (PTSP) in the provisions of Article 28 H paragraph (2) The Republic of Indonesia in 1945 (Amendment), which reads "everyone has the right to receive facilities and special treatment to obtain the same opportunities and benefits in order to achieve equality and justice. The One Stop Integrated Licensing Service is a licensing service model that integrates the authority of the licensing agency, so that legal figures in the One Stop Integrated Licensing Service are legislation that regulates the mapermits,  among  others in  the  form of  regulations regions and  regional  head regulations. Based on the principle of bevogheid zonder verantwoordlijkheid, each permit issuer can be held accountable for the permit issued or rejected, so that the public or applicant can submit legal protection efforts through the judicial institution (State Administrative Court). Legal remedies carried out by permit applicants or the public are also a form of legal protection for permit issuers in measuring the validity of issuing decisions.

The Status of Outside Marriage Children (The Study of Constitutional Court Regulation No. 46/PUU-VIII/2010 on February 27th, 2012 Based on the Fuqaha' Perspective)

2021 ◽  
Vol 2 (3) ◽  
pp. 574-584
Author(s):  
Hamam Hamam
Keyword(s):  
Civil Rights ◽  
Legal Protection ◽  
Secondary Data ◽  
Constitutional Court ◽  
Biological Father ◽  
Her Family ◽  
Library Research ◽  
Legal Implications ◽  
The Status ◽  
The Right

Fornication is a kind of jarimah (felony) resulting in confusion of the biological father. However, nowadays, there is clarity on the status of the children out of marriage. The Constitutional Court issued a decision of regulation No. 46/PUU-VIII/2010 on February 27th, 2012 about the out wedlock children who have a civil relationship and the blood rapport with their biological father as long as it can be proven biologically. This regulation drives some criticisms from various parties; the pro-side of the Court Regulation will claim it in the term of the doer of the adultery, while the contra-side of the Court Regulation will review it in the term of legalized the adultery. Furthermore, the aims of this study are: First, to know the opinion of jurists' law (fuqaha‟) about the status of the out of wedlock children; Second, to find the legal implications of the out of wedlock children after the application of the Constitutional Court regulation No. 46/PUU-VIII/2010 on February 27th, 2012 based on the Fuqaha' perspective?. Moreover, this study uses the library research. The data are collected through the documentary of the primary and secondary data sources. The collected data are, then, analyzed qualitatively by using the content analysis. The results of this study are: Firstly, This according by the Shafi'i jurists' of four and the ad-Dzahiri the out of wedlock children (bastard) are not related to their biological father, but they are related to their biological mother and her family. Secondly, This according by some groups of Hanafi and Shaykh of Islam Ibn Taymiyah corroborated by ibn Qayyim al-Jauziyyah the wedlock children (bastard) are related to the men as their biological father and their father's family. Thirdly, the Constitutional Court (MK) regulations do not have any legal implications associated on the civil relationships of the out wedlock children (natural children) with their biological father. Moreover, the attitude of the biological father is classified as a jarimah (felony), and it is entitled to a penalty of the ta'zir; it is an obligation to provide the children, which the amount is considered to the fit and proper in accordance income of his; while the other civil rights includes the right of lineage, inheritance, and the rights of guardians. The ta'zir punishments in the provision of livelihood can be executed after the filing of a lawsuit and obtain an order from the Religion Court. The provision of the living is solely to satisfy the justice and legal protection for the interests of children's rights.

Legal Consequences of the Marriage Agreement Made by Notaries, Then Not Registered

Authentica ◽  
2020 ◽  
Vol 2 (2) ◽  
pp. 95-120
Author(s):  
Meisha Poetri Perdana
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
Third Party ◽  
Primary Data ◽  
The Third ◽  
Marital Property ◽  
The Right ◽  
Legal Consequences ◽  
Joint Property ◽  
Husband And Wife

The marriage agreement is based on Law Number 1 of 1974 Concerning Marriage, a marriage agreement is a means of protecting the assets of a husband and wife, this agreement the parties can determine their respective inheritance. Is there a separation of assets in the marriage from the beginning or is there a shared asset, but the method of division is divided if a divorce occurs. The inheritance of each husband and wife and property obtained as a gift or inheritance, respectively, is under the control of each other as long as the parties do not specify otherwise. The method used in this research is the normative juridical approach. The data used in this paper are secondary data and primary data as a complement to secondary data. The results of research and discussion, namely the marriage agreement that is not recorded or registered, is invalid according to the provisions of Article 29 paragraph (1) of Law Number 1 of 1974. The legal consequences of marital property if the marriage agreement is not registered is that the property becomes joint property and assets default. Legal protection for a disadvantaged third party is by means of preventive legal protection in which a third party has the right to assume that the marriage agreement does not exist, whereas the refractive legal protection that is the third party has the right to file a lawsuit in court. Suggestions that the notary provides guidance to register the marriage agreement deed to the Population and Civil Registry Office in order to obtain validity and publicity. And the marriage agreement must be registered so as not to harm a third party. Keywords: Registration of Marriage Agreement, Marriage Property, Legal Protection of Third Party

2 Commentary on the Principle: Conditions of Application and Limitation

2020 ◽  
Author(s):  
El Far Ahmed
Keyword(s):  
Legal Protection ◽  
The Other ◽  
Specific Performance ◽  
The Right ◽  
Principal Elements ◽  
Legal Right

This chapter addresses the particulars of the principle of abuse of rights, articulating its conditions of application and shedding light on any concerns that may arise from its application. An examination of the principle’s application reveals that there is consensus among the different laws on the principal elements of abuse of rights. Precisely, the application of abuse of rights assumes the existence of an acknowledged legal right; and that such right ceases legal protection given that it has been abused by the right holder. Moreover, the act in question must have caused harm to the other party. The damage or loss sustained may be material or moral damages. Once a court is satisfied that an abuse is established, it will either award damages to the aggrieved party or grant specific performance.

scholarly journals PERLINDUNGAN HUKUM TERHADAP PERKAWINAN PENGANUT SEDULUR SIKEP DI KABUPATEN KUDUS

2016 ◽  
Vol 1 (1) ◽  
pp. 81
Author(s):  
Ceprudin Ceprudin
Keyword(s):  
Civil Rights ◽  
Legal Protection ◽  
Equal Treatment ◽  
The Right ◽  
Improvement Of Legislation

<p><strong>Abstrak</strong><br />Perkawinan adalah hak setiap individu. Dalam peraturan perundang-undangan, perkawinan<br />termasuk peristiwa kependudukan yang harus dicatatkan dalam Administrasi<br />Kependudukan (Adminduk) karena mempunyai akibat hukum tertentu. Meskipun<br />pencatatan perkawinan sudah diatur dalam peraturan perundang-undangan, namun masih<br />ada perkawinan yang belum terlindungi secara hukum. Perkawinan adat penganut Sedulur<br />Sikep di Kabupaten Kudus menunjukkan adanya perkawinan yang belum bisa dicatatkan<br />dalam administrasi kependudukan. Berdasar analisis penelitian ditemukan bahwa tidak<br />bisa dicatatkannya perkawinan penganut Sedulur Sikep di Kabupaten Kudus membuat<br />mereka tidak mendapatkan hak-hak sipil. Karena itu harus ada perbaikan peraturan<br />perundang-undangan yang mengatur tentang pencatatan perkawinan, sehingga perkawinan<br />penganut Sedulur Sikep mendapatkan perlakuan yang sama seperti perkawinan pada<br />umumnya.<br /><br /><strong>Abstract</strong><br />Marriage is basically the right of every individual. In the organic legislation, marriage is<br />regarded as demographic occurrence that must be recorded in the demographic<br />administration. Registration of marriage is important since it precedes certain legal<br />consequences. Although the registration of marriage is already stipulated in the legislation,<br />there is in fact certain marriages that are not properly covered by legal protection. Marriage<br />performed among the traditional community of Sedulur Sikep in Kudus regency is an<br />example of a marriage that can not be registered in the demographic administration. The<br />analysis of this study revealed that the unfeasibility of registration marriage among members of Sedulur Sikep community in Kudus may end up in denial of their civil rights. Therefore, there must be improvement of legislation governing the registration of marriages so that marriage among Sedulur Sikep community may enjoy equal treatment as any other marriage.</p>

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