scholarly journals Violations of Private Life

2022 ◽  
Author(s):  
Gabriela Nemţoi ◽  
Keyword(s):  
Case Law ◽  
Civil Code ◽  
Private Life ◽  
Human Being ◽  
Right To Life ◽  
Comparative Development ◽  
It Value ◽  
Legislative Framework ◽  
The Right ◽  
International Conventions

Private life it is essential is a right, along with other rights, shapes the human being, giving it value and identity. In this consensus, the legislator through the Romanian civil code sought to impose a series of deeds aimed at infringing on private life. Thus, the listed facts can be considered as violations of private life only subject to the presented of Civil Code (Romanian Civil Code, 2009). This means that the facts indicated in art. 74 of Civil Code they cannot be qualified under any circumstances as violations of private life, but only if they are not among the violations allowed by the international conventions and pacts ratified by Romania. More specifically, those acts do not attract civil liability (payment of compensation, etc.) if they have infringed the particular life allowed under the Convention and the jurisprudence of the ECHR. The private life must be protected and guaranteed by establishing and identifying actions that are prejudicial. The article is a study that in of regulations standards demonstrate violations of the right to life. Comparative development of ECHR case law pointed out that although there is a solid legislative framework, the right to life can be violated.

scholarly journals THE LEGISLATION OF THE NON- PATRIMONIAL CIVIL RIGHTS ACCORDING TO THE NEW CIVIL CODE - THE RIGHT TO LIFE

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Mircea Chebeleu
Keyword(s):  
Civil Rights ◽  
Civil Code ◽  
Human Being ◽  
Right To Life ◽  
The Right

The right to life is a supreme attribute of the human being, whose compliance is thevery condition for exercising other rights. The right to life has two essential forms, a personalinterest of the human being and the interest of the society, extremely dangerous.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

When Does a Right to Life Arise?

2019 ◽  
pp. 47-64
Author(s):  
Lynn D. Wardle
Keyword(s):  
Severe Disabilities ◽  
State Regulation ◽  
Biological Science ◽  
Human Being ◽  
Right To Life ◽  
Legal Rules ◽  
Frozen Embryos ◽  
The Right ◽  
Legal Right

The question of when a legal right to life first arises in the course of a human being’s development is pertinent to a variety of contexts, including protection of prenatal life from injury by persons other than the gestational mother, what to do with frozen embryos when the couple who created them divorces, and how to treat children born with severe disabilities, as well as the more familiar context of state regulation, restriction, or prohibition of abortion. This chapter first summarizes social and biological science findings relevant to this question, then details development of legal rules and constitutional doctrine pertaining to abortion regulation before contrasting that with protections for prenatal life in other contexts. It concludes that the most coherent answer to the question when a right to life arises is that the right to life is coextensive with the biological life of the human being, and that a legal right to remain alive arises when a human being comes into existence and continues until it ceases to be a human being—that is, when its life has ended. This might provide justification for greater restrictions on abortion, but that could depend on additional considerations.

Prestaţia compensatorie în Codul civil român

2021 ◽  
Vol 2021 (2021) ◽  
pp. 164-179
Author(s):  
Flavius Antoniu BAIAS ◽  
◽  
Stela STOICESCU ◽  
Keyword(s):  
Case Law ◽  
Social Utility ◽  
Legal Institution ◽  
Legal Regime ◽  
Procedural Law ◽  
The Social ◽  
Legal Nature ◽  
Legislative Framework ◽  
The Right ◽  
Compensatory Payment

This study aims to describe the legal regime of the compensatory payment, with reference to the legislative framework, the sources of inspiration of the regulation, as well as to the current national case-law in this matter, which confirms, by the large number of cases solved after the entry into force of the Civil Code, the social utility of this legal institution. On the basis of the case law examples provided, the authors analyze the legal nature of the compensatory allowance by distinguishing it from similar institutions – the maintenance obligation between ex-spouses or the right to compensation – the conditions to be fulfilled when granting compensatory payment, the criteria used to impose, modify or terminate the obligation, and the substantive and procedural law difficulties of these disputes.

scholarly journals élethez való jog néhány jogelméleti kérdéséről

2013 ◽  
Vol 10 (1) ◽  
pp. 65-73
Author(s):  
Judit Vörös
Keyword(s):  
Case Law ◽  
Point Of View ◽  
In Vitro Fertilisation ◽  
Human Embryos ◽  
Constitutional Court ◽  
Right To Life ◽  
The Subject ◽  
The Right

Nowadays in vitro fertilisation raises relevant controversies at the point of view of jurisprudence as well. The distinct approximations of in vitro embryos, such as to be considered as personae or objects, are also resources of several theoretical and pragmatical questions. It is essential to give a compendious summary about what kind of jurisprudental environment had been contributed to the intrumental comprehension of human embryos too, otherwise it is difficult to understand the scientific quandaries connected to the subject correctly. Merely thereafter the international and the Hungarian regulation of in vitro embryo’s status seems to able to be dissected, in particular the case-law of the Hungarian Constitutional Court related to the right to life and the constitutional funds of the oncurrent re-regulation in our country.

THE RIGHT TO AN INTIMATE, FAMILY AND PRIVATE LIFE IN THE JURISPRUDENCE OF THE EUROPEAN COURT ON HUMAN RIGHTS

2021 ◽  
pp. 142-151
Author(s):  
Iulia Butnaru ◽  
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Private Life ◽  
Psychological Traits ◽  
European Court ◽  
The Family ◽  
Legitimate Interests ◽  
The Right

Privacy often conflict with other rights and legitimate interests, at which is the question of establishing its boundaries. Obviously there are no clear limits beyond which an infringement must be regarded as permissible. Private life is a concept with an extensive interpretation, which includes different spheres of the person’s life, as demonstrated by the jurisprudence of the European Court of Human Rights. What is certain is that each person has their own opinion about the extent of privacy and this impression depends on the psychological traits of the person concerned, but also on the traditions and customs that exist in a society at a certain historical stage. The utility of the case law of the European Court of Human Rights in the protection of private life and the family is that it provides precise criteria to be applied by judges to determine whether the complaint submitted under Article 8 of the Convention European Human Rights is one valid.

scholarly journals The Legal Status of Subjects of Corporate Relationships: Doctrinal and Law Enforcement Aspects

2021 ◽  
Vol 2 ◽  
pp. 3-7
Author(s):  
Oksana V. Cherkasova ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Status ◽  
Case Law ◽  
Civil Code ◽  
Law And Order ◽  
Generic Term ◽  
Foreign Law ◽  
The Russian Federation ◽  
The Right

The article reviews the legal status of subjects of corporate relationships, analyzes doctrinal and law enforcement aspects. The author analyzes the scientists’ standpoints, various models of interaction between the subjects of corporate relationships existing in foreign law and order, case law, arrives at conclusions about the correlation between the categories of the “right of participation”, “right of membership”, “right of management”. It is noted that the membership concept evolves out of participation by performing the function of a generic term. It is suggested to determine the “right of management” of a corporation as just one of the member’s activity areas along with other rights. The author recommends to ensure consistency of the provision of Article 2 of the Civil Code of the Russian Federation and Articles 65.2, 65.3 of the Civil Code of the Russian Federation where the concept of the “right of participation” would act as a basic one and the “right of management” would be its constituent part.

scholarly journals EUTHANASIA IN INDIA – LEGISLATIVE PERSPECTIVE

2021 ◽  
pp. 43-49
Author(s):  
Sailaja PETIKAM
Keyword(s):  
Human Rights ◽  
Good Death ◽  
Right To Die ◽  
Human Being ◽  
Right To Life ◽  
Indian Culture ◽  
International Convention ◽  
Hindu Religion ◽  
Mercy Killing ◽  
The Right

Every human being should enjoy right to life. Article 21 of the Indian Constitution as well as under article 3 of International Convention Universal Declaration of Human Rights, 1948, guaranteed the right to life. Every aspect of right to life has been always subject to consideration of judiciary and depend upon the facts and situations. Right to die is also claimed under this head. Euthanasia is interpreted as 'mercy killing' or 'good death'. It is advocated that there are different situations in which it should be allowed to the person to let him choose his death in place of compelling him living alive. There are different approaches in this regard which either opposes the grant of mercy killing or denies to grant the death as right to die due to some causes. Everyone has the right to live dignified life according to his wish being living into certain limits and it is expected that a human being should struggle also in adverse circumstances around him. He should not lean in front of the situations. The Indian culture gives us such teachings. Hindu religion believes in the eternity of soul. Death is only the way to change a body. The soul never dies, it is eternal. Muslim religion also believes that life should be finished only upon the wish of Allah, it condemns the unnatural ending of life. But in present society in some situations, it is defended that the person should have the right to choose death. Thus, in this context the paper concentrated on the law of euthanasia in India in a legislative perspective and judicial interpretations on euthanasia.

scholarly journals BRIEF CONSIDERATOINS REGARDING THE JURIDICAL PROTECTION OF PRIVATE LIFE IN THE REGULATION OF THE NEW ROMANIAN CIVIL CODE

2014 ◽  
Vol 8 (2) ◽  
pp. 66-71
Author(s):  
Georgeta Valeria Georgeta Valeria
Keyword(s):  
Human Rights ◽  
Freedom Of Speech ◽  
Civil Code ◽  
Private Life ◽  
European Convention ◽  
Personal Privacy ◽  
Legal Regime ◽  
Private Lives ◽  
The Right

This article, entitled Brief Considerations Regarding the Juridical Protection of PrivateLife in the Regulation of the New Romanian civil Code, examines the new legal regime of howthe private life of the person is respected, in connection to the inseparable link between the rightto a private life, lato sensu, and its four intrinsic rights – the right to freedom of speech, the rightof the person to dignity, the right to a private life and image rights.The regulation was imperatively necessary, both to complete the framework of the valuesguaranteed by art. 8 of the European Convention of Human Rights, but also to establish aninterference between the concept of private life and personal privacy, in the context of theexcessive broadcasting of peoples’ private lives.

scholarly journals Tajemnica adwokacka jako element realizacji prawa do sprawiedliwego procesu sądowego oraz prawa do poszanowania korespondencji

2021 ◽  
Vol 33 (2) ◽  
pp. 7-21
Author(s):  
Natalia Banach ◽  
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Private Life ◽  
Fundamental Rights ◽  
Moral Norms ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

The issue of exemption from the attorney-client privilege and the nature of this attorney-client privilege is widely discussed both in the literature on the subject and in the doctrine. In order to analyze this subject, it was necessary to interpret the provisions of the Law on the Bar Ac (26 May 1982), the provisions of the Code of Bar Ethics (23 December 2011) the Constitution of the Republic of Poland (2 April 1997), both guarantees enshrined in the Convention for the Protection of Human Rights and Fundamental Rights of liberty from 1950. The interpretation was made in conjunction with Polish case law common courts and case law of the European Court of Human Rights. This also presents the view of the polish Ombudsman’s Office. Given that the professional secrecy of lawyers is an inseparable element of justice, it would be wrong to omit the generally accepted moral norms of society in relation to the procedural role of a lawyer. The thesis put forward that the professional secrecy of lawyers is part of the implementation of the right to a fair trial and the right to respect for private life. The purpose of the work was to emphasize the essence of lawyers’ secrecy as an inseparable element of defense of the parties to the proceedings and to indicate interpretation differences between Polish courts and the case law of the European Court of Human Rights.

Sign in / Sign up

Export Citation Format

Share Document