scholarly journals Legal Inheritance in the Republic of Kosovo

2011 ◽  
Vol 1 (1) ◽  
pp. 143 ◽  
Author(s):  
Dr.Sc. Hamdi Podvorica
Keyword(s):  
Legal Framework ◽  
Dark Side ◽  
Huge Number ◽  
Hereditary Property ◽  
Inheritance Law ◽  
Short Period ◽  
The Republic ◽  
The Moment ◽  
The Right ◽  
Legal Procedures

Legal inheritance is one of the most important institutions of inheritance law which regulates the process of legal transition of property of the decedent to one or several heirs. The establish-ment of the legal framework has brought about new reforms to the Inheritance Law. This has enabled the enrichment and functio-ning of the law. A particularly important step was taken towards regulation of legal procedures regarding to how courts, other or-gans and other persons should act regarding inheritance issues. Concretization of the legal authorizations of bodies authorized to enforce the procedure of processing hereditary property has estab-lished the legal basis for realization of the iso jure principle, accor-ding to which, at the moment of death of the person, the heirs gain the right of inheritance and the hereditary property is never left without a titleholder. This is a great advantage that we have noted in undertaking this analysis of the norms in this work, because leaving hereditary property for a longer period of time without a titleholder would render the property vulnerable to des-truction, theft and extermination.The goal of this paper is to avoid focusing only on finding the positive sides of the normative regulation of the legal inheritance process, but also in finding practical deficiencies that are weighing down at the moment on this important process in Kosovo, and in proposing measures for overcoming them.The dark side of the legal inheritance process is linked to the inefficiency of courts and the still fragile legal system in Kosovo. By implementing empirical methods, we have come to the con-clusion that the low number of judges in proportion with the huge number of cases has become a key liability for practical implemen-tation of the principle of initiating the legal procedure ex officio. The failure in enforcing this principle and initiating the procedu-res for processing of hereditary property by courts, even though they are obli-gated by law (article 96 of the Non-contentious Procedure Law), has caused a chaotic state in legal proceeding of hereditary property, because many physical persons have died or have been declared dead, while legal procedures for pro-perty proceeding have not been initiated, or even if they have, cases remain pending for years in courts. To overcome this situation, it is imperative to increase the number of judges in a short period of time.

scholarly journals Company Changing Status and Its Linking to Competitiveness

2015 ◽  
Vol 53 (1) ◽  
pp. 1-17
Author(s):  
Dragana Radenković-Jocić ◽  
Ivan Barun
Keyword(s):  
Mergers And Acquisitions ◽  
Legal Framework ◽  
Decision Makers ◽  
Economic Activities ◽  
Economic Interests ◽  
Eu Legislation ◽  
The Republic ◽  
The Right ◽  
A Company ◽  
The Eu

Abstract The authors present the issues and challenges related to the changes in status of a company and its impact on competitiveness. Status changes of companies, mostly mergers and acquisitions of companies, are one of the ways in which capital owners and management direct economic activities with the aim of maximizing profits. In order to make the right and justified decision, in terms of achieving the economic interests of the company, it is essential to know the laws and regulations in this area. This paper should provide answers on various questions which will be presented to decision makers in every company, considering status changes. Bearing in mind that the question of status changes often associated with an international element, the authors will pay special attention on the EU legislation and current legal framework in the Republic of Serbia.

Glosa do Wyroku Trybunału Konstytucyjnego z dnia 16 maja 2018 r., sygn. akt SK 18/17

2021 ◽  
Vol 4(165) ◽  
pp. 147-158
Author(s):  
Agnieszka Kawałko
Keyword(s):  
Family Relationship ◽  
Time Limit ◽  
Biological Origin ◽  
The Right To Know ◽  
Civil Status ◽  
Constitutional Tribunal ◽  
The Republic ◽  
The Moment ◽  
The Right ◽  
Age Of Majority

The commented ruling of the Constitutional Tribunal concerns the constitutionality of the provision of Article 70(1) of the Family and Guardianship Code, which provided that the time limit for a child to bring an action to deny the paternity of his or her mother’s husband is three years and runs from the moment the child reaches the age of majority, regardless of the child’s know-ledge of his or her biological origin, i.e. regardless of whether the child within that time limit acquired knowledge that he or she did not come from his or her mother’s husband and whether the child could decide to bring an action. The expiry of the three-year period resulted in the expiry of the child’s right to claim the denial of paternity of the mother’s husband and, consequently, precluded the possibility of a positive determination of the paternity of a man other than the mother’s husband. The Constitutional Tribunal found this provision to be inconsistent with Article 30 in conjunction with Article 47 in conjunction with Article 31(3) of the Constitution of the Republic of Poland. The author agrees with the position expressed by the Constitutional Tribunal in the judgment in question, which in this case provides a basis for consideration of the relationship between the right to know one’s biological origin and the value of stabilising the civil status of a child and persons remaining in an established family relationship with him or her.

scholarly journals The Position of Women's Heritage Rights in the Context of Islamic Heritage in Indigenous Mandailing in Sipirok District, Tapanuli Selatan Regency

2020 ◽  
Vol 3 (1) ◽  
pp. 531-539
Author(s):  
Muhammad Yusuf Siregar ◽  
Risdalina Risdalina ◽  
Sriono Sriono
Keyword(s):  
Islamic Law ◽  
Legal Aspects ◽  
Customary Law ◽  
Legal Basis ◽  
Inheritance Law ◽  
The Republic ◽  
The Right ◽  
To Receive ◽  
Inheritance Laws

This study aims to analyze the legal aspects of the Position of Inheritance Rights of Girls in the Context of Islamic Inheritance in Indigenous Mandailing in Sipirok District, South Tapanuli Regency. This research is empirical normative namely research by looking at existing conditions in the field by linking the source of Islamic Law and the legal source of Regulations in force in the Republic of Indonesia. The benefits to be received from the results of this study are to determine the Position of Inheritance of Girls in the Context of Islamic Law and Regulations in Indonesia and the Position of Inheritance of Girls in the Context of Islamic Inheritance in Mandailing Customs in Sipirok District, South Tapanuli Regency, the results of the study stated that In Islamic Inheritance Law strongly recognizes the position of the daughter in receiving inheritance with a strong legal basis in accordance with the al-Qur’an. In Islamic Inheritance Laws, a daughter has a position as Nasabiyah's heir so that she has the right to receive inheritance. In the Mandailing customary inheritance law in Sipirok Mandailing Natal, the position of a daughter is considered as an heir when a male heir is found, but if the girl is a mere woman, the woman is not entitled to inheritance from her parents. The distribution of inheritance in the Mandailing Inheritance law in Sipirok Mandailing Natal uses local customary law, as a basis for the distribution of inheritance which is still being realized in the Community.

scholarly journals Gospel and constitutional imperatives: the right to life

2011 ◽  
Vol 45 (1) ◽  
Author(s):  
S.P. Giles
Keyword(s):  
Daily Living ◽  
Ethical Issues ◽  
Legal Framework ◽  
Theoretical Argument ◽  
Right To Life ◽  
Ethical Perspective ◽  
Divine Origin ◽  
Christian Discipleship ◽  
The Republic ◽  
The Right

Gospel and constitutional imperatives: the right to life In the Republic of South Africa, Christians are called to live out gospel imperatives within the legal framework of the Constitution. Ethical issues about the right to life are considered from the perspectives of selected gospel and constitutional imperatives. Gospel imperatives impose themselves as a consequence of Christian discipleship. These are many and diverse, both explicit and implicit. Christian vocation, discipleship, witness and perseverance, are foundational and integral to the praxis of Christian daily living. These facets of Christian life are illustrated by the selected gospel imperatives, “Follow me” (Matt. 4:19 and synoptic parallels), “Love God, and your neighbour as yourself” (Matt. 22:34-40 and synoptic parallels), and “Take up your cross” (Matt. 10:38 and synoptic parallels). The central theoretical argument of this article is driven from a reformed ethical perspective. Gospel imperatives have priority over constitutional imperatives since gospel imperatives are of divine origin and constitutional imperatives of human origin. Acknowledgement of these priorities informs the Christian ethical perspective on the right to life and on abortion.

scholarly journals The importance of educational interventions for the overcoming of obstacles in the employment of intellectually disabled persons

2021 ◽  
pp. 107-126
Author(s):  
Biljana Milanović-Dobrota ◽  
Aleksandra Đurić-Zdravković ◽  
Mirjana Japundža-Milisavljević ◽  
Sara Vidojković
Keyword(s):  
Educational Interventions ◽  
Legal Framework ◽  
Disabled Persons ◽  
Working Environment ◽  
Intellectually Disabled ◽  
The Disabled ◽  
Private And Public ◽  
Negative Perceptions ◽  
The Republic ◽  
The Right

In spite of the legal framework intended for the promotion and protection of rights of the disabled, such persons are still facing significant difficulties in the labour market. Intellectually disabled persons are in a particularly difficult position, primarily due to the negative perceptions held by citizenry which stem from the lack of knowledge and information about their labour potentials. We conducted research in order to determine the most prevalent obstacles in the employment of intellectually disabled persons, as perceived by employed non-disabled persons. The research comprised a sample of 269 subjects of both sexes, of differing educational levels and employed in the private and public sector in the Republic of Serbia. The analysis of the attained results points to the need for certain kinds of educational interventions, whose programmes would improve the knowledge and awareness of employed persons regarding the right to work of intellectually disabled persons, promote diversity and create an inclusive working environment. The different modes of training, reinterpretation and transformation of previous experience, informing and establishing positive contacts with intellectually disabled persons, conducted by a multidisciplinary team of experts would establish a stable base for the removal of obstacles in the employment process.

scholarly journals Legal Responsibility on Errors of the Artificial Intelligence-based Robots

Lentera Hukum ◽  
2019 ◽  
Vol 6 (2) ◽  
pp. 331
Author(s):  
Viony Kresna Sumantri
Keyword(s):  
Artificial Intelligence ◽  
Legal Framework ◽  
Modern Technology ◽  
Legal Responsibility ◽  
Residence Permit ◽  
New Concepts ◽  
Complicated Process ◽  
Personal Assistants ◽  
The Moment ◽  
The Right

Modern technology is developing rapidly. One branch of industrial technology that is particularly popular at the moment is artificial intelligence (AI) that facilitates society's daily life. On smartphones, artificial intelligence can be found in map applications, personal assistants, shopping websites, and various other applications. Saudi Arabia granted an AI-based robot named Sophia citizenship, and the Shibuya Mirai robot was granted a residence permit by Japan. AI-based technology is used every day and has become a common thing in various parts of the world; however, in Indonesia, legal regulations regarding AI do not yet exist. As a result, a legal vacuum has emerged. When a loss occurs, responsibility can be borne by various parties ranging from consumers, producers, third parties (such as robot trainers or shipping couriers) to the robot itself. Which party will be determined responsible depends upon how a country positions AI. If Indonesia follows in Saudi Arabia's footsteps, then the responsibility will be borne by the AI robot as a citizen. The robot will have the right to sue and be sued, to get the same position before the law, including other rights and obligations, enjoyed by human citizens. Artificial intelligence law-making is a very complicated process and will involve many parties. How Indonesia positions AI is very crucial, particularly in the event of harm or danger caused by AI systems. Various frameworks and concepts can be used, ranging from equating artificial intelligence to living beings, such as humans, pets, or ordinary products to creating entirely new concepts for a legal framework regulating AI-based systems. Keywords: Artificial Intelligence, Responsibility, AI Law.

scholarly journals The Fundamental Human Right to Marry and to Family Life and their Protection in the Legal Framework of the Republic of Macedonia

2017 ◽  
Vol 7 (1) ◽  
Author(s):  
M.Sc. Albana Metaj-Stojanova
Keyword(s):  
Family Life ◽  
Nuclear Family ◽  
Legal Framework ◽  
Human Right ◽  
Family Structures ◽  
Degree Of Protection ◽  
Republic Of Macedonia ◽  
The Family ◽  
The Republic ◽  
The Right

The right to family life is a fundamental human right, recognized by a series of international and European acts, which not only define and ensure its protection, but also emphasize the social importance of the family unit and the institution of marriage. The right to family life has evolved rapidly, since it was first introduced as an international human right by the Universal Declaration of Human Rights (UDHR). The family structure and the concept of family life have changed dramatically over the last few decades, influenced by the everchanging social reality of our time and the decline of the institution of marriage. Aside from the traditional European nuclear family composed of two married persons of opposite sex and their marital children, new forms of family structures have arisen. LGTB families are at the centre of the ongoing debate on re-defining marriage and the concept of family life. The aim of this paper is to analyse the degree of protection accorded to family life and to the right to marry, which has long been recognized as one of the vital personal rights essential to the pursuit of happiness by free men by both, international acts ratified by the Republic of Macedonia and the legal system of the country. The methodology applied is qualitative research and use of the analytical, historical and comparative methods. The paper concludes that in general Republic of Macedonia has a solid legal framework, in compliance with the international law, that protects and promotes the right to family life.

scholarly journals Whether the right of pursuit is constitutional property interest protectible against the state II part

2018 ◽  
pp. 89-105
Author(s):  
Nenad Tešić
Keyword(s):  
Organized Crime ◽  
The State ◽  
Good Faith ◽  
Property Interest ◽  
Freezing Procedure ◽  
Proceeds Of Crime ◽  
The Republic ◽  
The Moment ◽  
The Right ◽  
Subjective Rights

The author, in this paper, is looking for Ariadne’s thread, which would help us to find the way through the legal labyrinth composed of justified reaction of the state in the war against organized crime, from one side and what is considered an appropriate protection of secured creditor’s subjective rights, from the other side. He points out that in resolving a dilemma, does the mortgagee have the right to enforce its debt against the Republic of Serbia (right of pursuit), in case if the extended confiscation of property (proceeds of crime) includes subject-matter of mortgage, the court should take into account does the mortgagee know or should know about criminal origins of encumbered assets. The court should evaluate a good faith of the mortgagee, bearing in mind all the circumstances of the case, especially: 1) The moment of a mortgage establishment, i.e. whether the registration of mortgage is prior in time to the initiation of a property freezing procedure; 2) Overall business and other relations between mortgagee and mortgagor, i.e. are these parties associated in any other way? 3) Objective changes in the economic position of mortgagee and mortgagor, i.e.is the security agreement true or simulated, in particular, whether the value of the secured claim actually enhanced the property of the mortgagor and at what consideration.

On the “Right to Death”

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Nikoleta Puleva ◽  
◽  
◽  
Keyword(s):  
Legal Framework ◽  
Right To Die ◽  
Controversial Issues ◽  
Right To Life ◽  
Human Value ◽  
The Republic ◽  
The Right

The right to life is a fundamental, personal, constitutionally secured right of persons, which has the highest level of protection against the truth of order. Art. 28 of the Constitution of the Republic of Bulgaria, arrange the right to life as an accessory to every person. It is not regulated by the Bulgarian government, which has been produced on its life – the right to die. Its legal framework would contribute to the contribute of controversial issues regarding a person’s attitude to the death of persons in order to protect the basic human value – life.

Legal Framework of Developing Corporate Governance in Healthcare Organizations in Kazakhstan

2019 ◽  
Vol 10 (3) ◽  
pp. 890
Author(s):  
Indira Sovetovna SAKTAGANOVA ◽  
Gulmira Sovetovna SAKTAGANOVA ◽  
Sholpan Sherehanovna ORMANOVA ◽  
Elnara Ashimovna ASHIMOVA ◽  
Nurzhan SAULEN
Keyword(s):  
Corporate Governance ◽  
Supervisory Board ◽  
Legal Framework ◽  
Gradual Transition ◽  
Healthcare Organizations ◽  
Economic Management ◽  
Supervisory Boards ◽  
Private Medicine ◽  
The Republic ◽  
The Right

One of the important tasks set by the Head of State in 100 Concrete Steps to Implement Five Institutional Reforms, the Plan of the Nation, is step 81 – Development of Private Medicine, Implementation of Corporate Governancein Medical Organizations. The development of private medicine and the improvement of independence of state healthcare organizations through a gradual transition to the status of state-owned enterprises on the basis of the right of economic management with the introduction of corporate governance set new requirements to senior managers of healthcare organizations, the nature of their tasks and ways to solve them. In order to implement the project of the Ministry of Health of the Republic of Kazakhstan (RK) ‘Development of Management and Corporate Governancein Healthcare Organizations’, the transition of state medical organizations on the basis of economic management has been analyzed. The methodological and advisory support is provided to medical organizations at the regional level. The regulatory framework in the area of management and corporate governance of healthcare is developed and amended. The activities of the supervisory boards of state-owned enterprises (SE) on the basis of the right of economic management (REM) have been analyzed and estimated. The data on the current secretaries of the supervisory boards and independent members of the supervisory board have been collected. The corporate governance in subordinate organizations has been rated. The rating of corporate governance is becoming an indicator of compliance with the best practices, both in state-owned and private organizations around the world. Such estimation makes it possible to analyze not only the mechanisms of work, but also to understand the dynamics of these processes. Using the in-depth approach, this instrument helps determining the potential and considerablyimproving the efficiency of the supervisory boards and the entity, as a whole.

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