scholarly journals INVALIDITY OF TRANSACTIONS IN INHERITANCE LAW

2021 ◽  
Vol 1 ◽  
pp. 8-11
Author(s):  
Valeria A. Goncharova ◽  
Keyword(s):  
Civil Law ◽  
Inheritance Law ◽  
Optimal Mechanism ◽  
Special Procedure ◽  
It Acceptance ◽  
The Will ◽  
The Dead ◽  
Forensic Psychiatric ◽  
The One

The article analyzes the features of invalidating bargains in the inheritance law of Russia (will, inheritance contract, acceptance of inheritance and rejection). It is concluded that the features of the hereditary legal relations themselves, as causally caused not by the expression of the will of the subjects of civil law, but by the death (declaration of the dead) of the potential testator, predetermine a special procedure for establishing defects in these bargains and the consequences of their invalidity, which differ from traditional restitution and compensation for losses. The legislative approach, consisting in the possibility of recognizing a will as the main bargain in inheritance law, invalid only after the death of the testator, on the one hand, is justified. At the same time, in practice, it necessitates the conduct of posthumous forensic psychiatric examinations in order to establish the true will of the testator and its compliance with the content of the will, which are very ambiguous in terms of the formulated conclusions. The regulation of an inheritance contract as a basis for inheritance, in turn, provides for an optimal mechanism for invalidating it. Acceptance of inheritance and rejection of it, committed by contacting a notary, can also be qualified as transactions, the consequence of the invalidity of which is a change in the dynamics of hereditary legal relations.

scholarly journals Peculiarities of Protection of Rights and Interests of Heirs: Theoretical Aspects

2020 ◽  
Vol 10 ◽  
pp. 355-362
Author(s):  
Yuri O. Zaika ◽  
◽  
Oleksandr Ye. Kukhariev ◽  
Volodymyr L. Skrypnyk ◽  
Aliesia A. Mytnyk
Keyword(s):  
Civil Rights ◽  
Scientific Community ◽  
Civil Law ◽  
Inheritance Law ◽  
Legal Literature ◽  
Legal Nature ◽  
The Will ◽  
Methodological Approaches ◽  
Definition Of ◽  
The Right

The relevance of this study is due to the necessity to ensure the proper exercise of subjective civil rights in the field of inheritance law. Protection in inheritance is related to the general right to protection. Due to the peculiarities of inheritance law as a sub-branch of civil law, it has its own specifics, which is manifested primarily in the definition of special ways to protect violated unrecognized or challenged rights. In addition, the protection of the rights of heirs takes place only within the inheritance relationship, which is characterized by a long nature. The purpose of the article is to identify the features of protection of subjective civil rights of heirs in the field of inheritance. This necessitates the use of special methodological approaches that will identify the characteristics of protection of the rights of heirs, as well as research methods such as dogmatic, formal-logical, systematic, comparative law. The article analyses the recognition of the right of ownership of inherited property in court and proves that this exceptional method of protection is used if there are obstacles to the notarization of inheritance rights. The most typical and widespread special ways to protect the rights of heirs are considered: removal from the right to inherit, invalidation of the will, change of the order of obtaining the right to inherit, reduction of the size of the obligatory share in the inheritance. The outlined issues were not widely covered in the legal literature, as the attention of scholars was mainly in the perspective of clarifying the legal nature of protection and defence, the ratio of forms and methods of protection of subjective civil rights, analysis of general methods of protection of subjective civil rights. That is why this work is an important contribution to outlining the issue of inheritance law and attracting due attention of the scientific community.

scholarly journals TO THE QUESTION OF THE NEED TO INTRODUCE A SYSTEMATIC APPROACH TO THE CONSIDERATION OF CASES ON AMENDMENT OR TERMINATION OF CIVIL LAW CONTRACTS

2020 ◽  
Vol 6 (72) (2) ◽  
pp. 102-109
Author(s):  
N. A. Ablyatipova ◽  
E. A. Ashurova
Keyword(s):  
Systematic Approach ◽  
Civil Law ◽  
External Environment ◽  
The Other ◽  
The Third ◽  
Financial Costs ◽  
The Will ◽  
Business Entities ◽  
The Stability ◽  
The One

For the Russian reality, the stability and stability of the execution of transactions and obligations in the context of frequent and unpredictable changes in the external environment is becoming an increasingly important component of economic and legal relations. Modern civil legislation, on the one hand, guarantees the stability of existing legal relations, on the other, allows for the modification and termination of contracts both at the mutual desire of the parties, and in connection with the will of the other party, if it is granted such a right. The third option is a way to change or terminate the contract in court. However, at present, there are many subjective and objective circumstances that are not provided for by the parties when concluding the contract, which make it difficult or even impossible to continue performing obligations under it while maintaining the conditions that were originally laid down in it. Not always resolving of such situations envisaged by the legislator, but because there are situations when the parties relations are further complicated by the inability to quickly and effectively solve the current conflict, especially if parties are business entities and any delay can lead to significant financial costs not only of the parties of legal relations, but also third parties whose rights are directly or indirectly affected.

FEATURES OF THE DEVELOPMENT OF LEGAL REGULATION OF CIRCULATION AND PROTECTION OF PERSONAL DATA

2020 ◽  
Vol 20 (5) ◽  
pp. 73-89
Author(s):  
K.V. NAM
Keyword(s):  
Civil Law ◽  
Personal Data ◽  
Legal Regulation ◽  
Human Right ◽  
Freedom Of Contract ◽  
Modern Development ◽  
The Will ◽  
The One ◽  
Traditional Approaches ◽  
Law Regulation

The civil law, economic turnover of personal data has become in recent years the basis for the development of digital technologies that penetrate into every home and concern each of us. It is known that the modern development of technology, technologies, on the one hand, and the increased attention of society to the need to protect the rights of objectively weaker participants in the turnover, on the other hand, change the traditional approaches of civil law regulation, more and more introduce elements of public law regulation into it. The autonomy of the will of the parties and freedom of contract have long been not the only legal instruments that determine the regulation of certain legal relations. The modern circulation of personal data requires a combination of creating conditions for the further development of technologies while ensuring the protection of the human right to privacy and poses a difficult task for the law to find appropriate legal approaches. This article analyzes the features of the development of legal regulation of circulation and protection of personal data, designed to solve this problem.

Kroniek van een aangekondigd ontslag. Twee opmerkelijke brieven van Alfons Van de Perre betreffende zijn afscheid als volksvertegenwoordiger in 1919

2007 ◽  
Vol 66 (1) ◽  
pp. 45-63
Author(s):  
Luc Vandeweyer
Keyword(s):  
Political Party ◽  
First World War ◽  
Source Material ◽  
The Other ◽  
World War ◽  
The First World War ◽  
The Will ◽  
The One ◽  
First World ◽  
Member Of Parliament

In deze bronnenpublicatie ontleedt Luc Vandeweyer de parlementaire loopbaan van de geneesheer-politicus Alfons Van de Perre: hoe hij in 1912 feitelijk  tegen wil en dank  volksvertegenwoordiger werd, zich anderzijds blijkbaar naar behoren kweet van zijn taak en tijdens de eerste verkiezingen na de Eerste Wereldoorlog (1919) zijn mandaat hernieuwd zag maar meteen daarop ontslag nam. Volgens de bekende historiografische lezing was de abdicatie van de progressieve politicus een daad van zelfverloochening die enerzijds werd ingegeven door gezondheidsmotieven en  anderzijds was geïnspireerd door de wil om de eenheid binnen de katholieke partij te herstellen. De auteur komt op basis van nieuw en onontgonnen bronnenmateriaal tot de vaststelling dat Van de Perres spontane beslissing tot ontslag in de eerste plaats een strategische keuze was: in het parlement, waar hij zich overigens niet erg in zijn schik voelde, kon hij minder invloed uitoefenen op de Vlaamse beweging dan via de talrijke engagementen waarvoor hij voortaan de handen vrij had. Eén ervan was die van bestuurder én publicist bij het dagblad De Standaard.________Chronicle of the announcement of a resignation. Two remaekable letters by Alfons Van de Perre concerning his resignation as a Member of Parliament in 1919In this source publication Luc Vandeweyer analyses the parliamentary career of the physician-politician Alfons Van de Perre and he describes how Van de Perre became a Member of Parliament in 1912 actually against the grain, yet how he apparently did a good job carrying out his duties. During the first elections after the First World War (1919) Van de Perre found that his mandate was renewed, but he handed in his resignation immediately afterwards. According to the familiar historiographical interpretation the abdication of the progressive politician was an act of self-denial, which was prompted on the one hand by health reasons and on the other hand inspired by the will to restore unity within the Catholic political party. On the basis of new and so far unexplored source material the author concludes that the spontaneous decision by Van de Perres to hand in his resignation was above all a strategic choice: in the Parliament, which he did not much enjoy anyway, he could exert less influence on the Flemish movement than via his numerous commitments, which he was now free to take on. One of these was the post of director as well as political commentator of the newspaper De Standaard.

scholarly journals Faith and Rhetoric in Giles of Rome

Vivarium ◽  
2019 ◽  
Vol 57 (1-2) ◽  
pp. 1-21
Author(s):  
Nicolas Faucher
Keyword(s):  
Thirteenth Century ◽  
Psychological Process ◽  
Natural Control ◽  
Philip The Chancellor ◽  
The Will ◽  
Affective Bias ◽  
The One ◽  
Rhetorical Discourse ◽  
D 23

AbstractGiles of Rome’s view of faith in the reportatio of his questions on book III of the Sentences (q. 38, d. 23) is founded on a likening of faith to rhetoric. The firm intellectual assent that characterizes them both is caused by the will, motivated by emotion, or affective bias. This paper argues that this is made possible by Giles’ move away from Aquinas’ position on the assent produced by rhetorical discourse, which Aquinas thought to be of little certainty, while Giles affirms that, based on the will’s natural control over the intellect, it can be as certain as faithful assent, and that the psychological process that produces it can serve as a model for that which produces faithful assent. The new function Giles gives to rhetoric underlines the evolution of thirteenth-century views on faith, as shown through a comparison of Giles’ view with two other doctrines of faith that use examples similar to the one Giles employs: those of Philip the Chancellor and Peter John Olivi. For the former, faith founded on affective bias is a typical example of non-virtuous faith, while for the latter, just as for Giles, it is the very model of virtuous faith.

scholarly journals In loving memory of ‘us’: facing grief during the time of COVID-19 through redirecting perception of life’s realities

2021 ◽  
Author(s):  
Dalmacito A Cordero
Keyword(s):  
Family Members ◽  
Complicated Process ◽  
The Dead ◽  
The One

Abstract Recent correspondence highlighted the complicated process of grief in the time of COVID-19 where some family members and the dying person too are undergoing distress. New rituals can lighten the process of coping with grief or death, one may find it difficult to hurdle such situation and move on without first redirecting one’s perception on the different realities of life. There are things that we can control but at the same time, things that are beyond our reach. With these realities, acceptance plays a key role to handle the situation. Acceptance is a person’s assent to life’s realities. Creativity in accepting grief or death is finding ways to lighten the heavy emotion of the ‘ones left and the one leaving’ through a preservation of memory. This is done through safeguarding and reliving the memories of the dead with various programs and advocacies.

Lxxix: Conrad's Revision of “the Lighthouse” in Nostromo

PMLA ◽  
1937 ◽  
Vol 52 (4) ◽  
pp. 1183-1190
Author(s):  
George W. Whiting
Keyword(s):  
Dead Wood ◽  
The Other ◽  
Final Version ◽  
Fresh Material ◽  
The Dead ◽  
To Come ◽  
The One ◽  
Consummate Skill

To the student of writing and literature few inquiries are more interesting and valuable than that into an author's practices in revising his own work. To observe the various stages in the evolution of the final version, to note carefully an artist at his work of pruning the dead wood, adding fresh material, smoothing away harsh phrases, selecting just words, and letting light into obscure places—to do this is to come somewhat nearer to an understanding of what in spite of all analysis will remain essentially a mystery. Especially fascinating and instructive is the study of Conrad's revision, for here one sees a supreme artist at work. In his vigorous hewing and rebuilding there is conclusive proof of the artist's untiring industry and consummate skill. Conrad's revision of Nostromo is of particular interest, for this novel occupies a critical place in the evolution of Conrad's prose. Mr. Richard Curie has justly characterized the change that came over Conrad's prose—a change perceptible in the “Amy Foster” of Typhoon and fully marked in from Under Western Eyes onward. This evolution has smoothed away the cadence, has concentrated the manner, has toned down the style of Conrad's former exuberance. At first glance the later and the earlier Conrad appear two totally different men. The unruly splendor of the one has given way to the subtle and elastic suavity of the other … His earlier prose is sometimes uncertain, sometimes exaggerated, but his later prose has the uniform temper of absolute mastery.

The Mystery of Jesus' Teaching about “The Son of Man”

2012 ◽  
Vol 42 (2) ◽  
pp. 70-80
Author(s):  
Edward A. Beckstrom
Keyword(s):  
Dead Sea Scrolls ◽  
Dead Sea ◽  
High Priest ◽  
The Third ◽  
Son Of Man ◽  
Third Person ◽  
The Will ◽  
The Dead ◽  
The Third Person ◽  
Will Of God

For centuries a mystery has surrounded the meaning of Jesus' term “The Son of Man” in his ministry, and today it is often called “The Son of Man Problem.” Studying “Son of Man” in all of its biblical references, and apocryphal usages, together with insights from the Dead Sea Scrolls, I propose a solution that the idiom means “Priest” or “High Priest,” but most especially “Heavenly High Priest” and is framed in the third person by Jesus because it is expressed as his destiny given by God—it is the Will of God. “The Son of Man” is distinct from Jesus own will, but is the destiny he follows. It is also the use of this term that caused Caiaphas to cry “blasphemy” at Jesus' Sanhedrin trial, who then sent him to Pilate for crucifixion, yet asserting that Jesus proclaimed himself “King of the Jews.” Caiaphas, knew, I believe, that “Son of Man” was synonymous with “High Priest.”

THE ROLE OF THE OBITUARY PAGES IN FACSBOOK, IS IT FOR IMMORTALIZATION OR FOR CRYING OVER THE RUINS

2021 ◽  
Vol 3 (4) ◽  
pp. 119-126
Author(s):  
Hadeel EJMAIL
Keyword(s):  
Content Analysis ◽  
Social Interaction ◽  
Qualitative Approach ◽  
The Other ◽  
Dead Person ◽  
Screen Capture ◽  
The Dead ◽  
The One ◽  
Facebook Pages

Death is one of the most difficult topics a person can talk about. The human being is busy with how to continue his life and improve its conditions. This study aims is to explore the writing of Facebook pages of the dead. The research used the qualitative approach through a content analysis, where (50) publications were found on fifteen pages of a dead person with an intentional sample, and the results of the research showed that writing people in the pages of the dead included two directions, the first direction is a desire to immortalize the dead and a kind of preserving their roots Alive. As for the other direction, it was weeping over their ruins and showing the end of a person's death and his end life. Sometimes in the same post include both directions together, meaning "the use of the deceased’s account by his family by changing the profile picture of the dead, and at the same time inviting the deceased’s friends through his page to the memorial event. People write on the pages of the dead in order to weep over their ruins on the one hand, and to immortalize their memories on the other side. Facebook as a social platform and the interaction of people with the pages of the dead shows the great social interaction that takes place in this space, and research in this field is not consistent with one and only claim, as some posts are either temporary or permanent; Therefore, I have used screen capture technology to collect and retain information. The pages of the dead included referring to them, writing memorials and longing, etc. Facebook has become a social platform that allows those who lose a dear person to share their grief through it, and enables them to deal with death and relieve their pain

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