scholarly journals Zdolność do wyrażenia zgody na zabieg przez pacjenta a zdolność do czynności prawnych

2018 ◽  
Vol 22 ◽  
pp. 121-136
Author(s):  
Katarzyna Klimas
Keyword(s):  
Medical Treatment ◽  
Civil Law ◽  
Civil Code ◽  
Patient Rights ◽  
Legal Capacity ◽  
The Status ◽  
Detailed Assessment

THE ABILITY OF A PATIENT TO CONSERT TO MEDICAL TREATMENT AND THE ABILITY TO CIVIL ACTIONSThis article is devoted to the analysis of the relation between the institution of the ability to civil actions established by the provisions of the Civil Code and the patient’s consent provided by the Patient Rights and Patient Rights Act, as well as the Act on Doctor and Dentist Professions. The work aim is to make a detailed assessment of the status of a patient equipped with full legal capacity, deprived of this ability and having restricted legal capacity, to present discrepancies between the norms regulating the subjective conditions for effective legal actions under civil law and the provisions that determine the rules for granting consent for medical treatment.

Lo status del concepito nell’ordinamento giuridico polacco

2008 ◽  
Vol 57 (5) ◽  
Author(s):  
Joanna Haberko ◽  
Marina Casini
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Fundamental Rights ◽  
Human Being ◽  
Legal Capacity ◽  
New Born ◽  
Physical Integrity ◽  
Reform Project ◽  
The Status ◽  
Code Reform

Il contributo si addentra nell’ordinamento giuridico polacco per capire qual è lo statuto dell’essere umano non ancora nato. Ne esce un affresco interessante in cui all’esame del diritto costituzionale segue l’analisi del diritto penale e del diritto civile. Il quadro è complessivamente uniforme nel riconoscere il concepito come essere umano titolare dei diritti personalissimi e fondamentali alla vita, alla salute e all’integrità fisica, tuttavia non mancano contraddizioni e lacune che l’interpretazione dottrinale tenta di superare senza, però, riuscirci completamente. Al prospettato progetto di riforma del Codice civile avviato negli ultimi mesi è, appunto, affidato il compito di colmare le lacune e di superare le contraddizioni. L’aspetto più significativo riguarda la modifica del Codice civile per riconoscere la capacità giuridica del concepito per quanto riguarda i beni personali (vita, salute, integrità fisica), restando subordinata alla nascita la capacità giuridica per i diritti patrimoniali. Infine, l’articolo si sofferma brevemente sulla Petizione europea per la vita e la dignità dell’uomo a cui il Movimento per la vita polacco ha dato, e sta offrendo, un rilevante contributo. ---------- The contribution probes the Polish legal system to understand which is the status of the human being not yet born. An interesting fresco goes out in which the analysis of the criminal and civil law follows the analysis of the constitutional law. The picture is on the whole uniform in recognizing new born as a human being owner of the personal and fundamental rights to life, health and physical integrity, nevertheless there are contradictions and gaps, that the doctrinal interpretation is trying to overcome without, however, succeeding completely. The task of filling gaps and overcoming contradictions is just so committed to the Civil code reform project which began over the last few months. The most meaningful aspect concerns the change of the Civil code to recognize the legal capacity of new born with regards to the personal goods (life, health, physical integrity), legal capacity staying subordinate to the birth with regards to the patrimonial rights. Finally, the article dwells in short upon the European Petition for life and human dignity to which the Polish Movement for life has provided, and it is offering, a remarkable contribution.

Protection of Persons with Mental Health Disorders in Romania

2020 ◽  
Vol 66 (2) ◽  
pp. 277-287
Author(s):  
Maria-Lavinia Tec
Keyword(s):  
Mental Health ◽  
Mental Disorders ◽  
Medical Treatment ◽  
Civil Law ◽  
Mental Health Disorders ◽  
Civil Code ◽  
Legal Capacity ◽  
Health Law ◽  
Mental Health Law ◽  
Health Disorders

In Romania, the protection of persons with mental health disorders concerns various legal institutions central to civil law. The protective instruments in place vary between general instruments of civil law (Civil Code of 2009 and special measures in specific legislation, in particular the Mental Health Law of 2002. The Mental Health Law provides for medical measures, in particular voluntary and compulsory hospitalisation in a psychiatric hospital or compulsory ambulatory medical treatment. The Law also provides for procedural safeguards in case of compulsory measures. When it comes to legal capacity, the Civil Code provides for certain protective regimes that can be established for adults with mental disorders. A person that is unable to take care of its interests may be put by court under “judicial interdiction” meaning that legal capacity is reduced to small transactions with immediate performance, and a special guardian is to be appointed. Another instrument, the assistence of elderly people, has been introduced by a special law.

scholarly journals Gradient Legal Personhood for AI Systems—Painting Continental Legal Shapes Made to Fit Analytical Molds

2022 ◽  
Vol 8 ◽  
Author(s):  
Diana Mădălina Mocanu
Keyword(s):  
Paradigm Shift ◽  
Legal Status ◽  
Civil Law ◽  
Bundle Theory ◽  
Gradient Theory ◽  
Legal Capacity ◽  
Legal Personhood ◽  
The Status ◽  
Theory Framework ◽  
Theory Paradigm

What I propose in the present article are some theoretical adjustments for a more coherent answer to the legal “status question” of artificial intelligence (AI) systems. I arrive at those by using the new “bundle theory” of legal personhood, together with its accompanying conceptual and methodological apparatus as a lens through which to look at a recent such answer inspired from German civil law and named Teilrechtsfähigkeit or partial legal capacity. I argue that partial legal capacity is a possible solution to the status question only if we understand legal personhood according to this new theory. Conversely, I argue that if indeed Teilrechtsfähigkeit lends itself to being applied to AI systems, then such flexibility further confirms the bundle theory paradigm shift. I then go on to further analyze and exploit the particularities of Teilrechtsfähigkeit to inform a reflection on the appropriate conceptual shape of legal personhood and suggest a slightly different answer from the bundle theory framework in what I term a “gradient theory” of legal personhood.

scholarly journals MODERN LEGISLATION REGULATING STATUS OF LEGAL ENTITY

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 250-255
Author(s):  
K. S. Zhylkichieva ◽  
A. A. Kalybaeva ◽  
G. Zh. Koshokova
Keyword(s):  
Civil Law ◽  
Criminal Code ◽  
Civil Code ◽  
Kyrgyz Republic ◽  
Legal Entity ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Law ◽  
General Regulation ◽  
Legal Entities

The article analyzes using the normative and systematic methods, as well as analysis and synthesis, the content of the statements of Constitution of the Kyrgyz Republic, Civil Code of the Kyrgyz Republic, Criminal Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic «About Normative Legal Acts of the Kyrgyz Republic», the Law of the Kyrgyz Republic «On the Regulations of the Jogorku Kenesh of the Kyrgyz Republic» and the works of the legal scholars. It examined the provisions of laws adopted for general regulation and concludes they are serious problems, because of them there is a "blurring" of the contour of the legislation on legal entities in the article. The publication supports the opinion of the authors of the Concept for Development, according to which the regulation of the status of legal entities in the civil legal field can be characterized by a set of the laws and regula-tions in force in the Kyrgyz Republic, which do not always correspond to each other, as well as to the Civil Code. The low legal and technical level and ineffectiveness in practice are also shown by some adopted laws. It noted the Civil Code of the Kyrgyz Republic, adopted on May 8, 1996, created the new foundation for the regulation of legal entities, which was supplemented by many new laws over the next decades in the article. The authors come to the conclusion the fairly honest assessment can be applied to the established regulation – that with the main vector of development of the Concept of Civil Legislation in Kyrgyzstan, in general, there is an economic, social and well-grounded the logic and generally justifiable modern civil law in relation to legal entities. But at the same time, for many problems, correct solutions have not yet been found and no efficiency ratings have been given.

Juridical Persons as Economic Operators

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Владимир Андреев ◽  
Vladimir Andryeyev
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Corporate Law ◽  
Entrepreneurial Activity ◽  
Legal Capacity ◽  
Economic Activities ◽  
Non Profit ◽  
Non Profit Organizations

The article reviews the issues of carrying out economic activities by juridical persons, their participation in civil-law transactions. The article touches upon the issues of carrying out business activities by non-profit organizations. The article investigates the problem of legal capacity of juridical persons, competencies of their bodies and the nature of juridical persons. The author considers the issues of performance of juridical persons’ civil obligations by their employees. The author concludes that the civil legislation regulates three groups of relations (activities): property and personal nonproperty relations, entrepreneurial activity and corporate relations. These separate legislative bodies represent accordingly the civil, entrepreneurial and corporate law. Thus, the Civil Code and the civil legislation embody three separate branches of law.

scholarly journals Legal Capacity of an Individual and an Individual Entrepreneur: A Comparative Law Aspect

2021 ◽  
Vol 3 ◽  
pp. 34-38
Author(s):  
Alexandra A. Kalgina ◽  
Keyword(s):  
Civil Law ◽  
Criminal Code ◽  
Practical Significance ◽  
Legal Capacity ◽  
Legal Personality ◽  
The Status ◽  
Consistent Extension ◽  
Administrative Code ◽  
State Registration ◽  
Entrepreneurial Activities

Purpose. The article is devoted to the consideration of theoretical and practical issues that reflect the legislative requirements and the practice of applying the norms of civil law imposed on the characteristics of the status of an individual entrepreneur in comparison with the status of an individual. Methodology: dialectical method of scientific cognition, system approach, methods of deterministic factor analysis. Conclusions. The author draws attention to a number of theoretical and legal controversial provisions outlined by civil legislation and the practice of its application. The comparative legal study analyzes the characteristics of civil legal personality; and the distinction between the statuses of an individual and an individual entrepreneur in civil relations. The article emphasizes the openness of a number of issues that require legislative solutions and the correct position of the judiciary. In particular, in the theory of civil law, the discussion does not stop about whether all the components of the legal capacity and legal capacity of a citizen as an individual apply to an individual entrepreneur? Substantiates the position that the actions of persons engaged in entrepreneurial activities without forming a legal entity in violation of the requirements of state registration, shall be subject to the legal assessment of the criminal code and administrative code. The author considers it reasonable to disclose the legal personality of an individual entrepreneur as a consistent extension of the general legal personality of a citizen. When forming judicial practice, we consider it correct to clearly adhere to the position that arbitration courts consider only those cases involving individual entrepreneurs in which the disputed legal relations are caused by the implementation of entrepreneurial activities. Scientific and practical significance. Analytical information and conclusions may be of interest to teachers and researchers, business entrepreneurs, legal practitioners accompanying business transactions, as well as to law students.

Zdolność sądowa podmiotów ogólnego prawa cywilnego materialnego

2018 ◽  
Vol 75 ◽  
pp. 131-166
Author(s):  
Robert Obrębski
Keyword(s):  
Civil Law ◽  
Legal Capacity ◽  
Valid Trial ◽  
Legal Relationship ◽  
Civil Proceedings ◽  
The Status ◽  
Judicial Proceedings ◽  
The Subject ◽  
Substantive Law ◽  
Subjective Rights

Judicial capacity consists in the transposing of substantive law subjectivity to proceedings under civil law in a form allowing valid proceedings closing with a judgment, said proceedings involving the participation of a specific entity. A party without capacity for the status of specific subjective rights or legal relationship cannot expect to participate in a valid trial closing with a judgment. Three categories of entities with general legal capacity – private individuals (natural persons), legal persons, and organisational units as stipulated by provisions of Article 64 §11 of the Civil Proceedings Code – have been equipped with judicial capacity, as they can be party to legal relations constituting the subject of action. The participation of such entities in proceedings under civil law – while potentially concerning any case – shall only apply to cases under civil law wherein entities as duly indicated act to protect their legal circumstances associated with events potentially occurring prior to the commencement of judicial proceedings. They should only appear as parties in civil cases involving their activities on their own behalf and to their own benefit.

Die Vormundschaft nach estnischem Recht

2020 ◽  
Vol 66 (2) ◽  
pp. 247-259
Author(s):  
Triin Uusen-Nacke ◽  
Thomas Hoffmann
Keyword(s):  
Decision Making ◽  
Civil Code ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Mentally Disordered ◽  
Personality Rights ◽  
The Status ◽  
The Law ◽  
Substituted Judgement ◽  
And Control

The constitution of the Estonian Republic determines the basic elements of the status of people providing for general right to freedom and personality rights. The Civil Code regulates the concepts of full and limited legal capacity of natural persons. The capacity to contract presumes the natural ability to understand and control one’s own actions. Estonian law provides for limitations of the legal capacity, up to full incapacitation, for mentally disordered adults. A guardian must be appointed for such persons to represent them insofar as legal capacity is limited. The law provides for certain safeguards in order to protect such persons from excessive limitation; however, Estonian law still follows the “substituted judgement approach” rather than the “supported decision-making approach” solicitated in the UN Convention on the Rights of Persons with Disabilities. In practice, the flexibility granted by legislation is not always used - e.g. authorities and courts often use full instead of partial incapacitation.

scholarly journals Legal and Historical Prerequisites for the Transfer (Inheritance) of the Deceased Person Property to Public Legal Entities

2020 ◽  
pp. 125-137
Author(s):  
Maryna BORYSLAVSKA
Keyword(s):  
Public Law ◽  
Civil Code ◽  
The State ◽  
Private Law ◽  
Legal Capacity ◽  
Public And Private ◽  
Legal Personality ◽  
The Status ◽  
Legal Capability ◽  
Legal Entities

The article studies the peculiarities of participation in civil relations of such public legal entities as the state and the territorial community. It is established that according to part 2 of Article 2 of the Civil Code of Ukraine, along with legal persons of public law, they are assigned to subjects of public law. Full determination of the status of public entities in private law remains problematic. This is due to the dual status of these entities: as participants in public and private relations. It is stated that despite the fact that the State and territorial communities are primarily subjects of public law, they take part in civil relations, taking into account the signs of these relations defined in the Civil Code of Ukraine. The classification of public legal entities as special entities leads to their participation in civil relations through state authorities and other entities that are legal persons; representation of their interests by physical persons is not excluded. It is confirmed that the civil legal capability and legal capacity of public legal entities is reduced to the legal capacity of bodies acting in their interests. The acquisition of legal personality by public legal entities is carried out mainly in accordance with the norms of constitutional and administrative law. It is determined that the civil legal capacity of public legal entities is limited in scope. On the basis of the analysis of acts of legislation on inheritance of the Soviet and modern period, it is established that the current legislation provides for the maximum removal of public legal entities from the field of private law. This is manifested in hereditary relationships. Public law entities may acquire ownership of the property of the deceased if: 1) a will is drawn up in their favor; 2) if the property was not inherited by the heirs and by decision of the court is recognized as fictitious and becomes the property of the territorial community. It is confirmed that under Ukrainian law the transfer of fictitious property to communal property is not recognized as inheritance. Separately, it should be noted that before the entry into force of the Civil Code of Ukraine of 2003, fictitious property in Ukraine was inherited by the state, now by territorial communities.

scholarly journals On the (finaly promulgated) new Hungarian Civil Code from 2013

2014 ◽  
pp. 337-346
Author(s):  
Attila Dudás
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Unsuccessful Attempt ◽  
Distinctive Features ◽  
The Status ◽  
History Of ◽  
The Subject ◽  
Legal Entities

After 15 years of codification of civil law, with one ?unsuccessful attempt? represented by the Civil Code from 2009, Hungary finally received a new Code in February, 2013. By its coming into force on March 15th, 2014, the Civil Code from 1959 finally ceased to exist which, regardless the fact that it has been amended more than 100 times, permanently bore the marks of the era in which it was conceived. The new Civil Code may be regarded as the first complete code in the history of codification of civil law in Hungary, since it comprises all classical branches of civil law. The completeness of the new Code is additionally reinforced by the fact that it is based on the principle of monism in the wider sense, meaning that besides unified rules on all contracts, commercial and non-commercial, it contains rules on the status of all legal entities as well. In contrast to the ?first? new Civil Code from 2009, the ?second? new Civil Code from 2013 represents an incomparably higher degree of compromise. Therefore, it has all the predispositions to be long-lasting and stable, which are the most important distinctive features of a solid civil law codification. In this paper the subject of analysis are the process of codification of civil law from 2009 until 2013 and the most important novelties of the new Civil Code.

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