scholarly journals Nadużycie prawa podmiotowego w sprawach o ustanowienie rozdzielności majątkowej i ustalenie nierównych udziałów w majątku wspólnym

2020 ◽  
Vol 29 (5) ◽  
pp. 283
Author(s):  
Agnieszka Szczekala
Keyword(s):  
Common Property ◽  
Civil Code ◽  
Moral Justification ◽  
General Clause ◽  
Scope Of Application ◽  
Separate Property ◽  
The Common ◽  
Subjective Rights ◽  
Article 5

<p>The purpose of the study is to determine the scope of application of the construction of abuse of subjective rights in cases involving the establishment of a regime of separate property by the court and the determination of unequal shares in the common property. The prerequisite for both the establishment of the regime of separate property and the determination of unequal shares in the common property are “important reasons”. In order to determine the admissibility of the application of Article 5 of the Polish Civil Code it is therefore necessary to define the meaning of the terms “important reasons” and “rules of social coexistence”. It is assumed herein that general clauses are a kind of reference, in terms of the interpretation of provisions to generically defined norms and non-legal assessments, which have, in principle, an axiological moral justification and, consequently, that only evaluative phrases, as “rules of social coexistence” can be referred to using this term. “Important reasons”, on the other hand, are not an evaluative phrase but an estimative phrase and therefore not a general clause. It was also considered that it could not be ruled the assessment, under Article 5 of the Polish Civil Code, of the request for the regime of separate property to be established by the court or the request for the establishment of unequal shares in the common property, taking into account the extent to which each of the spouses contributed to its creation.</p>

Current Issues of Deciding Cross-border Succession Matters in the Slovak Republic

2019 ◽  
pp. 179-195
Author(s):  
Elena Júdová
Keyword(s):  
Common Property ◽  
Slovak Republic ◽  
Private International Law ◽  
The European Union ◽  
Applicable Law ◽  
Cross Border ◽  
Procedural Law ◽  
The Common ◽  
Property Regimes

The European Regulation no 650/2012 unified the determination of jurisdiction and applicable law in succession matters in the Member States of the European Union. At the same time, it underlined other issues that complicate decision making on cross-border succession in the Slovak Republic. One of the most striking is the resolution of the issue of settling the common property of spouses, which under Slovak procedural law, is exercised by a notary in succession proceedings. The Slovak Republic does not participate at the enhanced cooperation on cross-border matrimonial property regimes, so joining jurisdiction in these cases with succession proceedings is very complicated. The present article deals with this and some other issues which the fragmentation of EU private international law brings.

scholarly journals Opodatkowanie nabycia nieruchomości w drodze działu spadku. Glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 13 października 2015 r. (II FSK 2133/13, LEX nr 1808541)

2021 ◽  
Vol 30 (1) ◽  
pp. 415
Author(s):  
Bartosz Kuś
Keyword(s):  
Detailed Analysis ◽  
Common Property ◽  
Civil Law ◽  
Civil Code ◽  
Property Interest ◽  
The Common ◽  
Administrative Courts ◽  
Court Of First Instance

<p>The commented judgement concerns the taxation of acquisition of immovable property by inheritance division. In the applicant’s opinion dissolution of co-ownership is not an acquisition of assets if it is within the share which the former co-owners had in the common property and was carried out without any repayments or surcharges. If the acquisition of one-half of the property occurred upon the death of the testator, but through the subsequent abolition of co-ownership, the applicant acquired nothing more than what he already owned, the abolition of co-ownership does not constitute an acquisition and has no tax consequences. According to the tax authority, this position is incorrect. The applicant acquired half of the share in the property by way of inheritance and division of inheritance and a half share in the property by way of abolition of co-ownership. The administrative courts have held that the tax authority’s position is incorrect. In administrative cases, it may be necessary to use external systemic interpretation and reference by the administrative authorities to the relevant provisions of civil law. In the Supreme Administrative Court’s opinion, point of the dispute in this case is based on the conclusion what date should have been taken as the date of acquisition of the property (interest in the property). Resolution of this issue required a detailed analysis of the provisions of the Civil Code. Although, not all relevant issues have been considered by the Voivodeship Administrative Court, the decision of the court of first instance is in fact lawful. The gloss is approving and declares that the position taken in the judgement of the Supreme Administrative Court is correct.</p>

scholarly journals ПРОБЛЕМИ ВИЗНАЧЕННЯ ПРАВОВОЇ ПРИРОДИ ДОГОВОРУ ПРО ПОДІЛ СПІЛЬНОГО МАЙНА ПОДРУЖЖЯ

2020 ◽  
pp. 49-57
Author(s):  
О. М. Пономаренко
Keyword(s):  
Common Property ◽  
Civil Law ◽  
Legal Regime ◽  
Legal Nature ◽  
The Common

The article is devoted to the study of the legal nature of the agreement on the division of the common property of spouses. The author comes to the conclusion about his civil law essence. It is concluded that this agreement is a material agreement, is not aimed at creating obligations between the parties, but at changing the legal regime of the common property of the spouses. The opinion is expressed that the determination of the legal nature of the agreement on the division of spouses’ property as a material civil law contract will significantly affect its regulatory regulation and the choice of ways to protect the violated rights of one of the parties.

scholarly journals IMPLEMENTASI PEMBAGIAN HARTA BERSAMA DALAM PERKAWINAN POLIGAMI

2021 ◽  
Vol 10 (1) ◽  
pp. 1
Author(s):  
Zainul Fanani
Keyword(s):  
Common Property ◽  
Islamic Law ◽  
Polygamous Marriage ◽  
Joint Ownership ◽  
The Common ◽  
Shared Property ◽  
Joint Property

Abstrak Pasal 94 ayat (1) kompilasi Hukum Islam menyebutkan harta bersama dari perkawinan seorang suami yang mempunyai istri lebih dari seorang, masing-masing terpisah dan berdiri sendiri, ayat (2) menyebutkan pemilikan harta bersama dari perkawinan seorang suami yang mempunyai isteri lebih dari seorang dihitung pada saat berlangsungnya akad perkawinan yang kedua, ketiga dan keempat. Dengan demikian momentum pelaksanaan perkawinan merupakan hal yang sangat signifikan dalam penentuan harta bersama dalam perkawinan poligami. Hal ini akan menjadi hambatan dalam pembagian harta bersama, khususnya menyangkut masalah pembuktian harta bersama tersebutKata kunci:  harta Bersama, poligami, pembagian Abstract Article 94 paragraph (1) compilation of Islamic law mentions joint property of marriage of more than one spouse, separate and independent, paragraph (2) mentions the joint ownership of marriage of husband of more than one spouse at the time of the second, third and fourth marriages. Thus the momentum of the marriage exercise is a very important factor in the determination of common property in polygamous marriage. This would be a hindrance in the sharing of common property, especially with regard to the issue of proof of the common propertyKeywords: Shared property, polygamy, subdivision

Mammalian Bone Marrow Acetylcholinesterase

1982 ◽  
Vol 40 ◽  
pp. 44-45
Author(s):  
Ezzatollah Keyhani
Keyword(s):  
Central Nervous System ◽  
Bone Marrow ◽  
Nervous System ◽  
Common Property ◽  
Extracellular Medium ◽  
The Central Nervous System ◽  
The Common ◽  
Mammalian Bone

Acetylcholinesterase (EC 3.1.1.7) (ACHE) has been localized at cholinergic junctions both in the central nervous system and at the periphery and it functions in neurotransmission. ACHE was also found in other tissues without involvement in neurotransmission, but exhibiting the common property of transporting water and ions. This communication describes intracellular ACHE in mammalian bone marrow and its secretion into the extracellular medium.

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

Vickers Hot Springs

2017 ◽  
Vol 1 (1) ◽  
pp. 1-6
Author(s):  
Jennifer M. Bernstein
Keyword(s):  
Common Good ◽  
Common Property ◽  
Hot Springs ◽  
Public Access ◽  
Common Property Resource ◽  
Resource Conflict ◽  
Social Ecological ◽  
The Commons ◽  
Local Residents ◽  
The Common

Vickers Hot Springs is located near the rural Southern California town of Ojai, and local residents have long enjoyed soaking in the sulfuric pools. But as knowledge of the springs spread, the area saw increases in fights, traffic, burglaries, and drug use. In response, two residents purchased the land and committed to restore the property while allowing limited public access, subsequently generating a great deal of controversy within the community. Privatizing Vickers Hot Springs follows the archetypical lesson of Garrett Hardin's 1968 essay, “The Tragedy of the Commons.” Hardin stated that the problem for common-pool resources was that a finite amount of services are demanded by a potentially infinite number of users, who have little to gain by sacrificing for the common good. But Hardin's theory does not always apply. Many communities have come together to manage resources, often without government oversight. Thus, the question is not whether or not Hardin's theory is accurate, but rather “under what conditions it is correct and when it makes the wrong predictions.” Case studies provide nuance to the broad brushstrokes of a theory, and whether Hardin's parable is applicable depends on the particularities of the common property resource conflict. Employing the frameworks established by Hardin, Dietz et al., and Ostrom, this paper examines the management of Vickers Hot Springs within its broader social, ecological, and political context, asking whether the particular circumstances of this resource use conflict made privatization the most predictable outcome.

Coincidence and fixed points for hybrid tangential maps

2010 ◽  
Vol 17 (2) ◽  
pp. 273-285
Author(s):  
Tayyab Kamran ◽  
Quanita Kiran
Keyword(s):  
Fixed Point ◽  
Fixed Points ◽  
Common Property ◽  
Fixed Point Theorems ◽  
Acta Math ◽  
Contractive Condition ◽  
The Common

Abstract In [Int. J. Math. Math. Sci. 2005: 3045–3055] by Liu et al. the common property (E.A) for two pairs of hybrid maps is defined. Recently, O'Regan and Shahzad [Acta Math. Sin. (Engl. Ser.) 23: 1601–1610, 2007] have introduced a very general contractive condition and obtained some fixed point results for hybrid maps. We introduce a new property for pairs of hybrid maps that contains the property (E.A) and obtain some coincidence and fixed point theorems that extend/generalize some results from the above-mentioned papers.

Clay-sealings from the Fayum

1906 ◽  
Vol 26 ◽  
pp. 32-45
Author(s):  
J. G. Milne
Keyword(s):  
Irregular Shape ◽  
The Common

During the excavations of Messrs. Hogarth Grenfell and Hunt for the Egypt Exploration Fund in the winter of 1895–6 on the site of Karanis (Kom Ushim) in the Fayum, a considerable number of clay-sealings were found, mainly in the cellars of the Roman houses. These were recently put in my hands for investigation and offer some interesting material.The sealings have evidently come from various kinds of articles: in many instances the clay is too much broken for any determination of the shape which it had taken to be possible; but among the better preserved pieces are examples from the mouths of bottles, some of which have been squeezed down into the neck like a cork, others placed over a linen covering, sometimes tied down with cord: others are from the flat sides of wooden boxes, often showing the marks of cord: others again from parcels of irregular shape, in some cases seemingly wrapped in papyrus. The common points of all are that they consist of lumps of Nile-mud, and that they have been impressed, while the clay was damp, with signets, which were presumably those of the merchants who forwarded the goods upon which the sealings were placed.

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