scholarly journals ACTUAL ACCEPTANCE OF INHERITANCE AS ONE OF ACCEPTANCE MEANS

2021 ◽  
Vol 2 ◽  
pp. 33-36
Author(s):  
Larisa E. Chitaeva ◽  
Keyword(s):  
Legal Analysis ◽  
The Difference

The article discusses topical issues related to the actions of the heirs that arise in the process of their actual acceptance of inheritance, its registration, analyzes the actions that indicate its fulfillment, expression of will. The legal analysis of the actual acceptance of the inheritance as one of the ways of its acceptance is carried out. The difference between the actual acceptance of the inheritance and the restoration of the missed term for the acceptance of the inheritance is considered.

scholarly journals Comparative Legal Analysis of the Systems of Executive Power in Russia and Japan

2020 ◽  
Vol 15 (9) ◽  
pp. 195-205
Author(s):  
A. A. Vayno
Keyword(s):  
Power Systems ◽  
Legal Aspects ◽  
Executive Power ◽  
Primary Role ◽  
Legal Analysis ◽  
Head Of State ◽  
Significant Difference ◽  
Legal Nature ◽  
Statics And Dynamics ◽  
The Difference

The paper is devoted to the comparative legal aspects of the study of executive power systems in Russia and Japan. These states, despite the significant difference in both the political and legal historical path and modern forms of government and state structure, have a number of common constitutional and legal features. Both countries have chosen a legal strategy aimed at the full-fledged building of a democratic rule of law. Comparison of executive-power systems reveals both serious similarities and significant differences in the statics and dynamics of their daily functioning. If in Russia ministers perform rather an administrative and managerial function and are actually deprived of many of their own political prerogatives, in Japan the top officials of ministries are, as a rule, public politicians. The difference also lies in the procedure for appointing heads of executive departments — in Russia in this process, the primary role is assigned to the personal will of the elected head of state, in Japan — to the collective will of the elite, self-organizing and legitimized through parliamentary elections. At the same time, a number of common features correspond to the governments of these countries, both in terms of their legal nature and in terms of their functions. These circumstances indicate the need to intensify comparative legal research in this direction in order to clarify questions about the further expediency of the mutual reception of norms and institutions related to the corresponding public law orders.

scholarly journals Restriction of the property rights

2021 ◽  
Vol 7 (Extra-A) ◽  
pp. 293-303
Author(s):  
Yury Alexandrovic Svirin ◽  
Vladimir Aleksandrovich Gureev ◽  
Alexandr Anatolievich Mokhov ◽  
Eduard Eduardovich Artyukhov ◽  
Igor Mikhaylovich Divin
Keyword(s):  
Theoretical Analysis ◽  
Historical Perspective ◽  
Theory Of Knowledge ◽  
Modern World ◽  
Legal Analysis ◽  
Scientific Methods ◽  
Special Scientific ◽  
General Scientific ◽  
The Difference ◽  
The Right

The authors examine the emergence of the institution of restrictions on the right to property from a historical perspective and also justify the need to introduce a mechanism of restrictions on the right in the modern world. The disclosure of the topic was carried out from the standpoint of general scientific, the method of theoretical analysis, and special scientific methods (comparative jurisprudence, technical and legal analysis, concretization, interpretation). The methodological basis of the study was the method of the theory of knowledge. The necessity of developing a mechanism for limiting the absolute right of ownership was justified, the difference between the restriction and encumbrance of the right of ownership was proved, and the place of the easement in the system of restriction on the right was investigated.  

3 LEGAL EDUCATION AND THE INTRODUCTION OF SKILLS OF ARGUMENT At the academic stage of education the standard framework around which teaching takes place is that of legal analysis. Legal education is orientated towards the case method: how cases in courts are described and analysed. The student’s skill in understanding cases, how they have been argued and how the law has been applied, is tested by asking the student to solve a hypothetical problem. The student is given the hypothetical facts. Often students are asked to present advice for one fictional party to a case. The student goes to the library (virtual or real) and searches in books and journals, and the law reports to find similar, analogous cases, noting how these have been decided and why Then that student infers how the hypothetical case he or she has to argue will be decided, basing their inferences on the way applicable legal rules were applied in real cases. The legal analysis that students are trained to do, of course, involves basic analysis of the facts of the case. Which are the material facts? How can the facts as given be organised to make it clear that earlier cases apply? In the standard university problem question (see Chapter 8), the facts do not need to be ascertained, they are given as a neat logically ordered story. In real life, these stories are messier, the relevant facts more difficult to extract, and the doubts and solutions are not so clear. At the vocational stage of legal training, the student is taught to engage in factual analysis and this provides the framework for the course. The student is also taught how to structure, organise and analyse a large amount of what we could call ‘raw data’. They are taught to draw out the probable story from clients, the inferences in the data and see how available evidence can support the argument on the case to be proved. Evidence is correlated to the relevant facts, the facts in issue (eg, that Anna stole a book). The legal principles are assumed. Indeed this aspect of legal education reverses the process noted above in university education of drawing out legal analysis. The legal principles are for the present at least, not in issue, but a given. Theft is against the law. The test of development for the student is to see how skilled they are in deciding whether the factual data that has been made available can be put into a structure that makes it possible to construct a viable argument. An argument that proves Anna is guilty of theft, for example, because enough evidence exists to prove the elements of the unlawful act according to the relevant standard of proof. In reality the good lawyer needs to be able to engage in competent legal analysis and factual analysis. Whilst the difference between the two is important the rigid demarcation between the two for the purpose of the academic/vocational divide is unnecessary and at the early stages of acquiring a legal education highly problematic. This demarcation is beginning to break down as the value of legal skills at the academic stage of training is being recognised in UK law schools. Teaching legal analysis alongside factual analysis, and then subjecting the outcomes of both processes to critical analysis, gives a more holistic approach to the theoretical and the practical study of law. In addition, legal education does not only address factual analysis and legal analysis; it critically addresses macro issues relating to the law as an institution, interrogating the development of substantive law, personnel, methods of reform, underpinning ideologies and prevailing attitudes towards legal philosophy.

2012 ◽  
pp. 212-212
Keyword(s):  
Legal Education ◽  
Real Life ◽  
Holistic Approach ◽  
University Education ◽  
Legal Analysis ◽  
Legal Principles ◽  
The Law ◽  
The Difference ◽  
Substantive Law ◽  
Law Reports

scholarly journals THEORETICAL-LEGAL ANALYSIS OF THE MECHANISM OF NATIONAL LEGAL PROTECTION OF LABOR SAFETY

Social Law ◽  
2019 ◽  
Author(s):  
R. Herneha
Keyword(s):  
Public Relations ◽  
Legal Protection ◽  
Legal Liability ◽  
Legal Regulation ◽  
Labor Protection ◽  
Legal Analysis ◽  
Legal Rules ◽  
Labor Safety ◽  
The Difference ◽  
Legal Security

The article analyzes the specifics and significance of the mechanism of national legal support for labor protection. Its importance is outlined and the role in the legal regulation of labor protection is characterized. On the basis of theoretical analysis, a list of elements of the national mechanism of legal protection of labor protection is derived. The author concludes that the mechanism of legal security depends not only on the state and the law, but also on the behavior of the legal entities themselves. It is this feature that determines the difference between the mechanism of legal regulation and the mechanism of legal support. It is established that the international and national mechanisms of legal protection of labor differ in the level of detail, where the national mechanism of legal security is a coherent and well-established system, which extends its operation to a clearly defined territory and regulates through the use of legal means and methods, the establishment of legal rules and application legal liability for their violation or non-observance, public relations between the subjects of labor protection in order to ensure the employee's rights to life, health I and safe working conditions and regulate the behavior of the employer to provide guarantees of these rights. In addition, there is a distinction between sanction and legal liability, where the first is understood as the means of coercive influence applied in the event of non-compliance or improper performance of an obligation. That is, the sanction is already a consequence of recognizing the need to apply legal liability, so it would be more appropriate to use this particular formulation. At the same time, the author is of the opinion that legal liability cannot be called a mandatory element of legal security, since it occurs only in exceptional moments of violation of rights or non-compliance with prohibitions. The lawfulness of acts of direct realization of rights and obligations, in turn, excludes the possibility of its application.

• Outlining methods of legal reasoning (such as the use of inductive, deductive and abductive reasoning and reasoning by analogy) and describe how these inform strategies for argument construction. • Discussing in detail the relationship between propositions building an argument and proofs supporting propositions. (This is particularly accomplished by considering in detail a modified Wigmore Chart Method. A fact analysis process that is instructive at the level of argument construction.) Argument concerns not only laying out facts and rules, it also involves aspects of persuasion, and determination of where the weight lies in opposing arguments. Assessors in the court, judges or jurors, decide whether an argument is strong or weak, proved or unproved. In the final analysis, how does the court, or how does anyone, decide the criteria for the evaluation of an argument? Evaluation cannot be solely guided by rules. Ultimately, argument construction is also a personal thing. Different people will take different routes to evidence, and relate the evidence differently to the issues. Much depends upon an individual’s ability to both imagine and reason; to imagine doubts, as well as links in proof. Nothing exists in the realm of methods to tell anyone what a strong link may be. We may be excellent at the processes of transmitting, storing and retrieving facts and information but we do not have similarly developed skills of obtaining defensible conclusions from these facts and this information. 7.2 LEARNING OUTCOMES By the end of this chapter, readers should: • be able to define an argument and distinguish between the general meanings of argument and legal argument; • understand the relationship between the diagnosis of problems and the construction of rules to solve problems; • understand the difference between fact analysis and legal analysis and the connections between these activities; • be able to basically define and then differentiate between inductive, deductive and abductive reasoning; • be aware of the need to develop critical thinking; • understand the way in which an argument relies on factual analysis, legal reasoning, persuasion and critical thinking; • be able to note the connections between language and argument; • be able to construct a modified Wigmore Chart and apply it. To be able to construct a competent argument in relation to a legal problem to be solved according to rules of legal reasoning acceptable within the English legal system; • be able to construct a competent critical argument relating to theoretical aspects of the study of law.

2012 ◽  
pp. 211-211
Keyword(s):  
Critical Thinking ◽  
Legal Reasoning ◽  
Final Analysis ◽  
Abductive Reasoning ◽  
Legal Analysis ◽  
Argument Evaluation ◽  
Analysis Process ◽  
The Difference ◽  
The Relationship

scholarly journals The Difference Opinions Analysis on Conventional Bank Interest Law According to Ushul Fiqh

2019 ◽  
Vol 17 (1) ◽  
pp. 1
Author(s):  
Chamim Tohari
Keyword(s):  
Islamic Law ◽  
Legal Analysis ◽  
Conceptual Approach ◽  
Library Research ◽  
Crucial Problem ◽  
Legal Thinking ◽  
The Difference ◽  
Conventional Bank ◽  
Muslim Scholars

This research discussed conventional bank interest law according to the opinion of the Muslim scholars, which then will continue the discussion with the legal analysis based on the ushul fiqh theory to determine the strength of the conventional bank interest law. The most crucial problem examined in this research is how is prevailing bank interest law viewed from the perspective of usual fiqh? This research is library research. The approach used in this study is a conceptual approach considering the purpose to be achieved in this study is to produce one concept of Islamic legal thinking about bank interest law which is not bounded by existing views or opinions, but actually refers to the rules of Islamic law which is agreed upon by the majority of the muslim scholars. The results of this study are: The scholars have a different opinion on bank interest law. Those who forbid argued that bank interest has in common with usury, so it must be banned. As for those who justify bank interest explained that bank interest is not the same as usury, so its law is halal. As for those who consider it as a shubhat thing, because in their view the bank's interest besides having similarities with usury, also has a number of differences, so its law is shubhat. The bank interest law when viewed from the perspective of ushul fiqh, then both those that forbid, which justify, or those that consider syubhat, all of which do not originate from the qath'î, but zhannî propositions because they come from the results of ijtihad using the qiyâs method. Because of the absence of the qath 'argument, the author argues that the new direction to determine the halal-haram law of banking transactions with the interest system should be assessed from the large or small level of benefit (maslahah) and harm (mudharat) arising from the sale.

Seventeen-year Medical Professional Liability Experience in a Level III University Hospital

2020 ◽  
Vol 21 ◽  
Author(s):  
Matteo Bolcato ◽  
Giacomo Fassina ◽  
Matteo Sanavio ◽  
Aprile Anna
Keyword(s):  
Medical Professional ◽  
University Hospital ◽  
Medical Liability ◽  
Public Healthcare ◽  
Legal Analysis ◽  
Professional Liability ◽  
Time Period ◽  
The Difference ◽  
Set Up ◽  
Types Of Error

Introduction: In recent decades, the number of medical professional liability disputes have grown exponentially, becoming a well-studied aspect of public healthcare. Legal medicine is an essential tool in managing this phenomenon. Methods: This article reports the results of the analysis of disputes for medical professional liability in a Level III University Hospital in Italy. The study covers the time period from 01.01.2003 to 31.12.2019. Discussion: The difference in the rate of compensation between the various medical fields or types of error depends on specific medico-legal characteristics. The aim of advanced healthcare systems is to prevent medical liability disputes by analyzing this phenomenon and improving clinical risk management programs. In particular, according to our study, events related to organizational deficiencies are the most preventable. In addition, through the use of a dedicated reporting procedure, medico-legal analysis of malpractice cases may be the key to risk reduction. Conclusion: Every major hospital should set up a medico-legal watchdog responsible for collecting and analyzing information on professional medical liability disputes in order to prevent and manage such events.

Appeal of Actions and Decisions of Public Authorities to a Higher Instance

2021 ◽  
Author(s):  
Bochkareva E. A. ◽  
◽  
Solovyova S. V.
Keyword(s):  
Comprehensive Analysis ◽  
Judicial Reform ◽  
Legal Analysis ◽  
Systematic Method ◽  
Public Authorities ◽  
State Administration ◽  
The Subject ◽  
The Difference ◽  
Judicial Procedure ◽  
Appeal Procedure

. The judicial procedure for appealing of actions and decisions of public authorities is the most common way to protect violated rights. However, the implementation of this right does not always end with the adoption of a decision in favor of the subject of appeal, and they appeal to a higher court. In this case, the appeal procedure has its own peculiarities associated not only with the difference in procedural rules, but also with the difference in the court to which the examined complaint is sent. Therefore, consideration of the mechanism for the implementation of one of the main administrative rights of citizens, organizations, enterprises and institutions is relevant. In addition, the relevance of this research is due to the ongoing judicial reform, in accordance with which the system of appeal and cassation courts was created, thereby changing the procedure for appealing to a higher instance. The purpose of this study is a comprehensive analysis of the mechanism for appealing actions and decisions of agency of State administration. The objective of this study is to review the procedural rules that provide the basis and procedure for appealing actions and decisions of public authorities. In this study, we used a comparative legal and systematic method, a method of technical and legal analysis.

scholarly journals THE ESSENCE AND METHODS OF COERCION IN THE CATEGORIES OF PHYSICS (CRIMINAL-LEGAL ISSUES)

2018 ◽  
Vol 2 (2) ◽  
pp. 10-13
Author(s):  
Mikhail Semenovich Greenberg
Keyword(s):  
Theoretical Analysis ◽  
Criminal Law ◽  
Legal Status ◽  
Legal Issues ◽  
Legal Analysis ◽  
The Status ◽  
Scope Of Application ◽  
The Subject ◽  
The Difference ◽  
The Impact

The Subject. The article is devoted to impact of coercion to the difference of legal statuses between law-obedient individuals and abusers.The purpose of the article is to identify the difference between the impact of coercion on law-obedient citizens and abusers.Methodology. The author uses theoretical analysis as well as legal methods including formal legal analysis and the method of social modeling.Results, scope of application. It is proved that a certain difference (in the categories of phys-ics) should exist between the legal status of law-obedient individuals and abusers there is a certain difference. Where there is no such difference, there is no place for coercion.Conclusions. The author comes to the conclusion that the essence of any punishment is the deprivation of certain benefits, which means the difference between the status of a person who did not conflict with the criminal law and those who entered into such a conflict. The magnitude of the difference depends on the severity of the crime.

scholarly journals Settlement of the conflict in the Southeast of Ukraine: contradictions in terminological approaches

2021 ◽  
pp. 23-34
Author(s):  
Sergei Valer'evich Krivov ◽  
Tat'yana Vladimirovna Baranova ◽  
Larisa Vsevolodovna Grekhneva ◽  
Sergey Valer'evich Starkin
Keyword(s):  
Successful Implementation ◽  
Legal Analysis ◽  
Post Cold War ◽  
Peace Negotiations ◽  
The Status ◽  
The Difference ◽  
The Moment ◽  
Definition Of ◽  
Peace Treaties

The successful implementation of the Minsk Protocol has been impugned from the moment of its signing due to ambiguous interpretations of its nature and intentions. The main issues pertain to understanding of the conflict in the Southeast of Ukraine as an intergovernmental, internationalized or domestic political one, the legitimacy and status of the parties to agreement, as well as the role of the international community in settlement of the conflict. The indicated contradictions are also reflected in the difference of approaches towards definition of the conceptual apparatus, as well as its interpretation. The problem at hand goes beyond the scope of political science or legal analysis, and requires comprehensive examination based on the variety of theoretical and methodological approaches. The author agrees with the characterization of conflict in the Southeast of Ukraine as a formalized political unsettled situation. From the political and legal perspectives, the agreements on halting the war demonstrate typical examples of challenges and problems that emerge during negotiations and implementation of the internationalized peace treaties of the post-Cold War period. The refusal of one of the parties, usually the country which territorial integrity is disputed by the non-state party, to meet the other party in the course of peace negotiations is a typical complication of the negotiation processes. Direct negotiations, i.e. meetings where the parties to negotiation make eye contact, can be interpreted as the acts of implicit recognition of non-state parties, their representatives, as well as respective claims. Such different perspective on the mandate, accountability, responsibility, and the status of “direct” and “third” parties in course of negotiation and implementation of peace treaties are typical contradictions. Throughout the entire period of elaboration, signing, and implementation of the agreements, the clash of interests virtually shifted towards the interpretation of terminology.

Sign in / Sign up

Export Citation Format

Share Document