scholarly journals Instytucja osobowości prawnej w okresie PRL jako narzędzie ograniczania autonomii jednostek przez państwo autorytarne

2021 ◽  
Vol 43 (4) ◽  
pp. 147-156
Author(s):  
Marcin Podleś
Keyword(s):  
Civil Law ◽  
Legal Person ◽  
Formal Concept ◽  
Legal Environment ◽  
State Control ◽  
Legal Personality ◽  
Economic Unit ◽  
Authoritarian State ◽  
Positive Law ◽  
Functional Criterion

The purpose of this paper was to analyze how the regulation of legal personality by positive law affected the rights and freedoms of individuals in the period of the Polish People’s Republic. The possession of legal personality leads to the empowerment of an organization and facilitates it by pooling resources to achieve a certain goal. Having legal personality also gives an entity a certain autonomy vis-à-vis other entities, including its members and the state. The analysis has shown that in the period of the Polish People’s Republic, positive law was deliberately used to limit the possibility of creating entities with their own legal personality. The formal concept of a legal person was used instrumentally as a tool to impede the possibility of building an organization outside state control. It also led to a structurally incorrect and practically questionable recognition of the judicial capacity of entities that did not have legal personality. In addition, using the concept of an economic unit in the area of economy, a functional criterion was adopted to determine the participants of economic turnover, which also broke with the traditionally adopted in this respect approach based on legal personality. This led some of the representatives of civil law doctrine at that time to consider the institution of legal personality as useless, which testified to the fact that the legal environment and the applied mechanisms typical of an authoritarian state suppressed any autonomy and independence of interest underlying a separate legal personality.

PELUANG HUKUM PIDANA ISLAM DALAM PEMBENTUKAN HUKUM PIDANA NASIONAL DI INDONESIA

2018 ◽  
Vol 1 (4) ◽  
Author(s):  
Fitri Wahyuni
Keyword(s):  
Criminal Law ◽  
Legal System ◽  
Islamic Law ◽  
Civil Law ◽  
Legal Environment ◽  
Positive Law ◽  
National Legal System ◽  
The Future ◽  
Civil Laws ◽  
Islamic Civilization

Islamic law is prescribed by Allah SWT with the aim of realizing and realizing and protecting the benefit of humanity, both for the benefit of individuals, society or both. But Islamic criminal law is not understood correctly and deeply by society, even by the Islamic community itself. in the meantime, the position of Islamic law in the field of civilization has been broadly established in positive law, whether it is an element of influence, or as a modification of religious norms, which are formulated in civil laws and regulations, or which are covered by a substantial legal environment. Law No. 7 of 1989 concerning religious justice. Whereas Islamic criminal law has not yet gotten a place like the positive law of Islamic civilization. Whereas Islamic criminal law has the same opportunities as civil law in the national legal system based on three factors, namely philosophy, sociology and juridical. In addition to the three factors above, there are opportunities described in this study so that Islamic criminal law has the opportunity to establish national criminal law in the future  

scholarly journals Compensating a Legal Person for Moral Damage in Jordanian Law

2022 ◽  
Vol 15 (2) ◽  
pp. 1
Author(s):  
Mohammad Mahjoob Almaharmeh
Keyword(s):  
Civil Law ◽  
Civil Liability ◽  
Legal Person ◽  
Multiple Forms ◽  
Legal Personality ◽  
Natural Person ◽  
Legal Nature ◽  
Legal Texts ◽  
Moral Damage ◽  
Multiple Meanings

The issue of compensating the legal person for the moral damage it causes to it has raised a great argument of controversy in Jordan, especially in light of the refusal to recognize the rights attached to the natural person of the legal person. This research came to identify the legal nature of the legal personality and the moral damage and the position of the Jordanian law on it, and to determine the feasibility, adequacy and appropriateness of the legal texts contained in the Jordanian civil law in knowing the extent to which the legal person may be compensated for moral damage. Using the opinions of jurists and judicial and explanatory decisions, the researcher has found that moral damage has multiple forms, a research that arises from the act and assault carried out by the aggressor. As a result, it is not appropriate to limit moral damage to rigid legal texts based on what is stated in the legislation and decisions of the esteemed Court of Cassation, as the researcher recommends. The Jordanian legislator should include general provisions clarifying the civil liability of the legal person, and the researcher recommends a separate chapter in the civil law to talk about the moral damage and its multiple meanings and aspects and how to rule for compensation and claim it.

A Philosophical Analysis To Uncover The Meaning And Terminology Of Person In Indonesian Criminal Law Context

2017 ◽  
Vol 1 (1) ◽  
pp. 56
Author(s):  
Nani Mulyati ◽  
Topo Santoso ◽  
Elwi Danil
Keyword(s):  
Criminal Law ◽  
Sufficient Conditions ◽  
Criminal Code ◽  
Legal Person ◽  
Philosophical Approach ◽  
Legal Personality ◽  
Legal Subject ◽  
Long Time ◽  
Definition Of ◽  
Broad Meaning

The definition of person and non-person always change through legal history. Long time ago, law did not recognize the personality of slaves. Recently, it accepted non-human legal subject as legitimate person before the law. This article examines sufficient conditions for being person in the eye of law according to its particular purposes, and then, analyses the meaning of legal person in criminal law. In order to do that, scientific methodology that is adopted in this research is doctrinal legal research combined with philosophical approach. Some theories regarding person and legal person were analysed, and then the concept of person was associated with the accepted definition of legal person that is adopted in the latest Indonesian drafted criminal code. From the study that has been done, can be construed that person in criminal law concerned with norm adressat of the rule, as the author of the acts or omissions, and not merely the holder of rights. It has to be someone or something with the ability to think rationally and the ability to be responsible for the choices he/she made. Drafted penal code embraces human and corporation as its norm adressat. Corporation defined with broad meaning of collectives. Consequently, it will include not only entities with legal personality, but also associations without legal personality. Furthermore, it may also hold all kind of collective namely states, states bodies, political parties, state’s corporation, be criminally liable.

scholarly journals Elite associations and the politics of belonging in Cameroon

Africa ◽  
1998 ◽  
Vol 68 (3) ◽  
pp. 320-337 ◽  
Author(s):  
Francis Nyamnjoh ◽  
Michael Rowlands
Keyword(s):  
Political Parties ◽  
Local Level ◽  
State Control ◽  
National Politics ◽  
Authoritarian State ◽  
Prime Movers ◽  
The Creation ◽  
Formal Distinction

The development of elite associations has been a consequence of the growth of multi-partyism and the weakening of authoritarian state control in Cameroon in the 1990s. The attachment of electoral votes and rights of citizenship to belonging to ethnicised regions has encouraged the formal distinction between ‘natives’ and ‘strangers’ in the creation of a politics of belonging. The article argues that this development has also led to the replacement of political parties at the local level by ethnicised elite associations as prime movers in regional and national politics.

scholarly journals ARTIFICIAL INTELLIGENCE: IS IT A THREAT OR AN OPPORTUNITY BASED ON ITS LEGAL PERSONALITY AND CRIMINAL LIABILITY?

2021 ◽  
Vol 6 (20) ◽  
pp. 01-09
Author(s):  
Mark Louis ◽  
Angelina Anne Fernandez ◽  
Nazura Abdul Manap ◽  
Shamini Kandasamy ◽  
Sin Yee Lee
Keyword(s):  
Artificial Intelligence ◽  
Information Technology ◽  
Criminal Liability ◽  
Legal Person ◽  
Human Intelligence ◽  
Legal Research ◽  
Legal Personality ◽  
The World ◽  
Technological World ◽  
The Impact

Information technology is taking the world by storm. The technological world is changing rapidly and drastically. Human activities are taken over by robots and computers. The usage of computers and robots has increased productivity in various sectors. The emergence of artificial intelligence has stirred up many debates on both its importance and limitations. Artificial intelligence is directed to the usage of Information Technology in conducting tasks that normally require human intelligence. The expectation of artificial intelligence is high, nevertheless, artificial intelligence has its shortcomings namely the impact of artificial intelligence on the concept of a legal personality. The problem with artificial Intelligence is the debate on whether does it have a legal personality? And another problem is under what situation does the law treat artificial intelligence as an entity with its own rights and obligations. The objective of this article is to examine the various definitions of legal personality and whether artificial intelligence can become a legal person. The article will also examine the criminal liability of artificial intelligence when a crime has been committed. The methodology adopted is qualitative namely Doctrinal Legal Research by analyzing the relevant legal views from various journals on artificial intelligence. The study found out that artificial intelligence has its limitations in defining its legal personality and also in examining the criminal liability when a crime has been committed by robots.

scholarly journals International Legal Personality of Prophet Muḥammad (pbuh)

2017 ◽  
Vol 25 (2) ◽  
pp. 161-178
Author(s):  
Mohd. Hisham Mohd. Kamal
Keyword(s):  
International Law ◽  
International Community ◽  
Legal Person ◽  
Legal Personality ◽  
Unique Position ◽  
Capacity To Act ◽  
City State ◽  
International Legal Personality ◽  
The City

An international legal person is a subject of international law who enjoys rights, duties or powers in international law and the capacity to act on the international plane. Under modern international law, States are international persons, whereas private individuals are not. This article discusses whether Prophet Muḥammad (pbuh) of the religion of Islam was an international legal person. Evidence shows that his correspondences with other States and nations were in his name “Muḥammad ibn ‘Abdullāh” or “Muḥammad the Messenger of Allah,” and not as the head of the City-State of Medina. Was he recognised as such by the international community at that time? This work finds that Prophet Muḥammad (pbuh) was accepted by the international community during his time as an international legal person. His personality was due to his unique position as a prophet.

scholarly journals Penguatan Kampung Santri untuk Pengembangan Masyarakat Sadar Hukum di Wilayah Mangkang Kota Semarang

2018 ◽  
Vol 17 (2) ◽  
pp. 253
Author(s):  
Rihlatul Khoiriyah ◽  
Ali Imron ◽  
Ahmad Munif ◽  
Lathifah Munawaroh
Keyword(s):  
Family Law ◽  
Civil Law ◽  
Common Point ◽  
The State ◽  
Cultural Approach ◽  
Positive Law ◽  
The People ◽  
The Common ◽  
The Village

<p>This paper intends to see the extent of legal awareness of the community in the village area of the santri against family law derived from national legal products. The results of the study show two main points, first, the understanding of Islamic civil law (marriage and inheritance) of Mangkang region society is dominated to the accepted understanding of classical fiqh. The people of Mangkang region are not anti-starch against the civil law of Islam issued by the state in the form of positive law. Although the Mangkang area people see that both are ijtihadiyah products, but the existence of Indonesian civil law that has an administrative effect on others makes them accept a good denan. Second, a persuasive approach in the form of a cultural approach is more readily accepted by citizens. Mangkang area people feel comfortable when invited to dialogue and discussion related to Islamic civil law of Indonesia. In the end, by reaching the common point and the good that might be obtained, Indonesian civil law can be understood and well accepted.</p><p> </p><p>Tulisan ini bermaksud melihat sejauh mana kesadaran hukum masyarakat di wilayah kampung santri terhadap hukum keluarga yang bersumber dari produk hukum nasional. Hasil dari kajian menunjukkan dua hal pokok, pertama, pemahaman hukum perdata Islam (penikahan dan kewarisan)  masyarakat wilayah Mangkang didominasi kepada pemahaman yang diterima fiqh klasik. Masyarakat wilayah Mangkang tidak anti pati terhadap hukum perdata Islam yang dikeluarkan negara dalam bentuk hukum positif. Meskipun masyarakat wilayah Mangkang melihat bahwa keduanya merupakan produk ijtihadiyah, namun keberadaan hukum perdata Islam Indonesia yang memiliki dampak administratif kepada yang lainnya menjadikan mereka bisa menerima denan baik. Kedua, pendekatan persuasif dalam bentuk pendekatan budaya lebih mudah diterima oleh warga masyarakat. Masyarakat wilayah Mangkang merasa nyaman ketika diajak berdialog dan berdiskusi terkait hukum perdata Islam Indonesia. Pada akhirnya, dengan mencapai titik temu dan kebaikan yang mungkin akan didapat, hukum perdata Islam Indonesia bisa dipahami dan diterima dengan baik..</p>

The Voluntarist Path towards a Permissive Legal Environment for Organized Civil Society

2018 ◽  
pp. 233-251
Author(s):  
Nicole Bolleyer
Keyword(s):  
Civil Society ◽  
Civil Law ◽  
Legal Framework ◽  
Legal Regulation ◽  
Voluntary Sector ◽  
Voluntary Organizations ◽  
Legal Environment ◽  
Social Democratic ◽  
Depth Analysis ◽  
Benefit Allocation

In the last part of the study, ideal-typical representatives of three ‘sufficient paths’ identified by the QCA analysis were chosen for in-depth analysis. After explaining the case selection, this chapter analyses the evolution of the legal framework in Sweden representing the ‘voluntarist’ path towards a permissive environment for voluntary organizations. Despite various initiatives towards the adoption of legal regulation of voluntary organizations, reforms were usually considered not sufficiently beneficial for the organizations targeted, or legislation was considered unsuitable as an instrument to address the problem at hand, tendencies rooted in the informality of historically grown relations between the state and organizations in this social democratic voluntary sector regime. If legislation was adopted, it echoed characteristics of Scandinavian civil law by tending towards broad principles that impose few direct constraints on the organizations targeted, leaving plenty of room for interpretation, while putting an emphasis on benefit allocation.

scholarly journals The Legal Personality of the Commonwealth of Australia

2019 ◽  
Vol 47 (1) ◽  
pp. 3-30
Author(s):  
Sebastian Howard Hartford Davis
Keyword(s):  
Federal Government ◽  
Legal System ◽  
Body Politic ◽  
Legal Person ◽  
Legal Personality ◽  
Domestic Law

The article analyses legal materials concerning the legal personality of the Commonwealth of Australia under domestic law. It argues that the Commonwealth as legal person has an existence, as a unit of the legal system, which is conceptually distinct from the Commonwealth of Australia as a nation, and the Commonwealth as federal government of that nation. Current idioms (eg ‘polity’ and ‘body politic’) have a tendency to confuse these distinctions. The article suggests, as a more appropriate way to denote the Commonwealth as legal person, the term ‘constitutional person’.

Status prawny spółki cywilnej jako beneficjenta pomocy dla rolników (zagadnienia wybrane)

2018 ◽  
Vol 72 ◽  
pp. 165-177
Author(s):  
Izabela Hasińska
Keyword(s):  
Civil Law ◽  
Theory And Practice ◽  
Separate Entity ◽  
Private Partnership ◽  
Legal Personality ◽  
Organizational Unit ◽  
Legal Nature ◽  
Agricultural Producer ◽  
Legal Entities ◽  
Agricultural Subsidy

The paper discusses the issues relating to classifying a private partnership as a separate entity – an agricultural producer. Such a classification affects the existing arrangements both in civil-law theory and practice. It goes beyond the traditional division of legal entities into natural and legal persons and confers upon a private partnership the features of an individualized and specific organizational unit. It also excludes a partner (or partners) of a private partnership from the group of entities eligible to apply for and to be granted an agricultural subsidy, which consequently results in questing statutory rules of cooperation within a private partnership. The paper aims at assessing the laid down criteria and indicating solutions relating to various opinions on legal nature of a private partnership. Additionally, the article points out the regulations which decide about the active capacity of a given entity. The Author concludes that a private partnership is nothing other than a form of cooperation among entrepreneurs-partners. If there is no entity but only the obligation to cooperate, it makes it difficult to give such an obligation a status of an agricultural producer. The legal construct of this relationship includes a clear regulation specifying who and how acquires the rights – the entitled partners and for the benefit of partners. Granting legal personality to a private partnership is against the intention of the legislator.

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