scholarly journals OCHRONA CZŁONKÓW RODZINY SPADKODAWCY NA TLE HISTORYCZNOPRAWNYM ORAZ PRAWNOPORÓWNAWCZYM

2017 ◽  
Vol 8 (2) ◽  
pp. 149
Author(s):  
Witold Borysiak
Keyword(s):  
Mental Disorder ◽  
Legal System ◽  
Family Members ◽  
The Other ◽  
Roman Law ◽  
General Clause ◽  
The Status ◽  
Statutory Protection ◽  
Set Up ◽  
Do So

Protection of the Deceased’s Family Members in the Historical and Comparative PerspectiveSummaryAll of the contemporary legal systems provide special regulations which protect the deceased’s family members from order’s occurring in his will. Freedom of the testacy is one of the most important rules in the law of successions. Nevertheless it should have limits – the most common example of that situation exists when deceased’s orders omits entirely the members of his closest family.The origins of that protection could be found in the Roman Law. This legal system creates two types of protection – “counter-will formal succession” (previous in the Roman Law evolution) and “counter-will material succession”.According to the first one, testator has a duty to disinherit all of his sons (sui heredes) in the clear and precise words (exhereditatio nominatim). He should also disinherit all of the other members of his family (such as daughters or grandchildren); however he has possibility to do so in a general clause. His will would be overthrown if he has not disinherited members of his family. In that case entitled persons acquired the status of the heirs. This system gave no property rights to descendants of the deceased - they had only right to be an heir or to be disinherit (which was described in the rule that sui heredes should be set up as heirs or should be disinherit - sui heredes aut instituendi sunt aut exheredandi).According to the second type of protection if deceased did not gave part of his property (so called pars legitima) to the entitled persons they have a legal claim (querela inofficiosi testamenti) to declare his will void. On the ground of that regulation existed fiction that testator, who disinherit the members of his closed family, acting in the mental disorder (cum colore insaniae) and violates his father duties (action contra officium pietatis). Roman Law protects the entitled person also against all of the donationes (those performing during the live of testator and mortis causa donations) in which deceased try to evade statutory protection of his family members.

scholarly journals SPECIFICS OF THE LEGISLATIVE SYSTEM IN THE REIGN OF THE EMPEROR HADRIAN

2021 ◽  
Vol 31 (1) ◽  
pp. 138-143
Author(s):  
G.D. Gabarashvili
Keyword(s):  
Legal System ◽  
The Other ◽  
Roman Law ◽  
Legislative Power ◽  
Patriarchal Family ◽  
The Status ◽  
Legislative Policy ◽  
The One ◽  
Further Development ◽  
Regulation Of Law

The reign of Hadrian (117-138 A.D.) is characterized by important changes in the legal system. This article examines the activities of Hadrian and his lawyers concerning the systematization of the edicts of the praetors and preparation of Edictum perpetuum, a key source for the further development of not only Roman, but also world law. In particular, extracts from the works of Salvius Julianus, Hadrian's leading lawyer, were included in Justinian's Digests. Hadrian's attempts to centralize legislative power in the hands of the Princeps are noted, on the one hand, and the weakening of the influence of lawyers, magistrates, and the Senate on the regulation of law, on the other. The changes in Roman law made by Hadrian, the improvement of the status of freedmen and slaves, and the destruction of the ancient Patriarchal family are indicated. The article analyzes the constitutions of the Princeps, their features and differences from the lawmaking of magistrates, and attempts to summarize the significance of the legislative policy of the Emperor Hadrian.

The status of punctuation marks in Cognitive Grammar

2018 ◽  
Vol 5 (2) ◽  
pp. 189-207 ◽  
Author(s):  
Zeki Hamawand
Keyword(s):  
The Other ◽  
Cognitive Grammar ◽  
Linguistic Expression ◽  
Punctuation Mark ◽  
The Status ◽  
Do So

Abstract This paper seeks to provide a new analysis of punctuation marks in English. To do so, it substantiates two claims of Cognitive Grammar. One claim is that the meaning of a linguistic expression is best understood in terms of the domain to which it belongs. In light of this claim, the paper argues that punctuation marks form sets in which they highlight similarities in general but differences in specifics. The other claim is that the use of a linguistic expression is governed by the particular construal imposed on its content. In view of this claim, the paper argues that the use of a punctuation mark stems from the particular construal the speaker chooses to describe a situation. The occurrence of two or more punctuation marks gives rise to semantic contrast, in which each mark represents a different construal, and so a different meaning. The aim of the analysis is to emphasise the roles which punctuation marks play in the interpretation of sentences, namely in conveying meaning.

A Delicate Balance: Religious Autonomy Rights and lgbti Rights in Australia

2015 ◽  
Vol 10 (1) ◽  
pp. 45-62 ◽  
Author(s):  
Charlotte Baines
Keyword(s):  
Legal System ◽  
Religious Freedom ◽  
Status Quo ◽  
The Other ◽  
Faith Communities ◽  
Human Right ◽  
The Status ◽  
Research Gap ◽  
The One ◽  
The Right

This article addresses a research gap by analysing the way the Australian legal system is balancing the right to religious autonomy of organisations and the right of lgbti individuals not to be discriminated against, and considers what ought to be the case. I argue that the Australian legal system recognises the value of religious freedom on the one hand, and on the other hand, does not place a high priority on protecting it as an existing human right. My findings reveal that the Australian legal system is not always defining the religion and society relationship in ways that reflect the lived reality of religion in society. The issue is compounded by the wording of religious exemptions under anti-discrimination law which is contested within faith communities. As a consequence, religious freedom can be unfairly restricted. I conclude with recommendations to improve the status quo.

scholarly journals PRAWO RZYMSKIE JAKO ŹRÓDŁO PRAWA W AFRYCE POŁUDNIOWEJ

2017 ◽  
Vol 3 (1) ◽  
pp. 139
Author(s):  
Rafał Mańko
Keyword(s):  
South African ◽  
Legal System ◽  
Case Law ◽  
The Other ◽  
Customary Law ◽  
Roman Law ◽  
The South ◽  
Cape Of Good Hope ◽  
Ius Commune ◽  
The Republic

ROMAN LAW AS A SOURCE OF LAW IN SOUTHERN AFRICASummary Roman law is usually regarded as an object o f historic study and not as a practical discipline of the legal science. However, the situation is different in six South African states - the Republic of South Africa, Zimbabwe, Lesotho, Swaziland, Botswana and Namibia - which have preserved the uncodified ius commune europaeum brought by the Dutch to the Cape of Good Hope in the 17th century.The hierarchy of the fontes iuris oriundi in the South African legal system seems to be the following: the Constitution, statutes, customary law, case-law, Roman-Dutch law and Roman law. The position occupied by Roman law is in fact only subsidiary, however it is a source of law and is referred to from time to time in the case-law. On the other hand it permeates the whole legal system which is based on fundamental notions derived from Roman law, which have been preserved and developed in the treatises of the Roman-Dutch jurists and the case-law of the courts.The frequency o f citations of Roman law in the South African case-law has been an object of two major studies. One, conducted by Van Der Merve concerned the period 1970-1979, the other, by Du Plessis - took into account the cases of 1990-1991. The studies revealed that Roman sources are cited in 4,7-4,8% of the case-law. According to another study by Zimmermann, only in half o f those cases the Roman sources were relevant for deciding the case.Nevertheless, it is submitted that these figures should be treated as significant, especially when compared with the position occupied by Roman sources in the modern case law in other civilian jurisdictions. 

Domain-wide or variable-dependent vulnerability of the semantics—syntax interface in L2 acquisition? Evidence from wh-words used as existential polarity words in L2 Chinese grammars

2010 ◽  
Vol 26 (2) ◽  
pp. 219-260 ◽  
Author(s):  
Boping Yuan
Keyword(s):  
The Other ◽  
Target Language ◽  
L2 Acquisition ◽  
Positive Evidence ◽  
L2 Chinese ◽  
L2 Learners ◽  
The Status ◽  
The One ◽  
Do So

Most studies in the second language (L2) literature that deal with interface issues do so in holistic terms. On the one hand, researchers have suggested that interface relations between the syntax and other domains are particularly difficult for adult L2 learners. On the other, it has been argued that such relations can be established in a native-like way, even when no clear positive evidence is readily available in the input. In both cases researchers have treated the issue in a domain-wide fashion. However, the domain-wide approach is not supported by the study reported in this aricle, which examines the role of the semantics—syntax interface in the representation of wh-words as existential polarity words (EPWs) in the L2 Chinese grammars of English and Japanese speakers. The results suggest that the semantics—syntax interface can be established between the EPWs and some of their potential licensers in L2 Chinese grammars, but not others. This indicates that L2 learners’ success or failure in acquiring the interface is not domain-wide. A variable-dependent account is proposed for the results, arguing that success or failure in establishing interface relations in L2 grammars is likely to depend on a number of variables, including the categorial nature of individual elements involved in the interface relationship, the status of these elements in the target language speaker’s grammar, the input that learners are exposed to, and cross-linguistic influence.

scholarly journals The Ratification and Status of the International Treaties in the Legal System of the Islamic Republic of Iran

2017 ◽  
Vol 10 (5) ◽  
pp. 85
Author(s):  
Seyed Ahmad Tabatabaei ◽  
Siamak Karamzadeh
Keyword(s):  
Legal System ◽  
Civil Code ◽  
The Other ◽  
International Treaties ◽  
Islamic Republic ◽  
Islamic Revolution ◽  
Objective Interpretation ◽  
The Status ◽  
Islamic Republic Of Iran ◽  
The Guardian

After the Islamic revolution in Iran in 1979, fundamental changes occurred in Iran’s political and legal system. Pursuant the referendum on creating the Islamic Republic in March 1979, the new constitution came into force in the same year and many of the ordinary laws of the country were also reformed. The purpose of this study is to consider the method of ratification of international treaties and the status of these instruments in the legal system of Iran. Firstly, the stages of the ratification of treaties in Iran's legal system have been explained. Secondly, the position of treaties among the other laws is discussed. This study concludes that, the international treaties, like ordinary laws, primarily should be passed by the Islamic Consultative Assembly; and after the approval of the Guardian Council, they should be signed by the President. Under the Constitution of Iran all international treaties should all be ratified by the Islamic Consultative Assembly (parliament) and the Guardian Council; however, based on the interpretations of the Guardian Council and the executive procedures, some treaties have been excluded from the ratification of the Islamic Consultative Assembly. International treaties may enjoy a higher position than that of the ordinary law through an objective interpretation, although they have been recognized as ordinary laws by the Article 9 of the Civil Code of Iran.

scholarly journals ‘SI VIVARIIS INCLUSAE FERAE’… STATUS PRAWNY DZIKICH ZWIERZĄT ŻYJĄCYCH W ‘VIVARIA’ I PARKACH MYŚLIWSKICH W PRAWIE RZYMSKIM

2016 ◽  
Vol 13 (4) ◽  
pp. 5
Author(s):  
Zuzanna Benincasa
Keyword(s):  
Fundamental Principle ◽  
The Other ◽  
Roman Law ◽  
Wild Animals ◽  
For Profit ◽  
Legal Questions ◽  
The Status ◽  
In The Wild ◽  
Ius Gentium ◽  
Exclusive Right

‘SI VIVARIIS INCLUSAE FERAE’: THE STATUS IN ROMAN LAW OF WILD ANIMALS KEPT IN ‘VIVARIA’ AND GAME PARKSSummary The paper discusses the legal questions concerning the keeping and rearing of wild animals in game reserves and game parks (vivaria) by Roman landowners. According to the fundamental principle of ius gentium a wild animal was no-one’s property (res nullius) and could be captured by anyone, who then became its owner, regardless of whether the animal was captured on their own or another person’s property. Property owners who established enclosed game reserves near their villas for wild animals such as boars, deer, birds and fish held the exclusive right to hunt the animals on their reserve and enjoy the profit from them, as the animals confined on their property were considered theirs by law. Originally vivaria were small and catered mainly for the needs of the family. As Roman society became more and more affluent vivaria were transformed into large reserves where landowners kept and bred various species of domestic and exotic animals, not only for profit from selling them in the market but also for their own pleasure and to manifest their social status (delectationis causa). Since hunting became a noble sport among upper-class Romans, even huge forest areas were enclosed (therotrophium). According to the literary evidence, by the late Republic profit from vivaria had become a considerable source of revenue for landowners, so Roman jurisprudence had to take the phenomenon into consideration in discussions of various issues related to land management. Roman jurists focused first of all on who owned animals kept in game reserves and game parks: as Paul observed in D. 41,2,3,14 only animals which had been captured and enclosed in a vivarium by the landowner were considered his property, while animals living in the wild (in silvis circumseptis) were still no-one’s property. The other question raised by Roman jurists concerned the usufruct of a vivarium i.e. the way in which the usufructuary could farm the profit and benefits accruing from a game reserve (num exercere eas fructuarius possit, occidere non possit). This problem was resolved by applying an analogical principle to the usufruct of vivaria as for the usufruct of a herd of domestic animals (grex). This solution resolved disputes over who owned a single animal enclosed in a vivarium, and also gave the usufructuary a discretional right to enjoy of a vivarium, while at the same time not putting its owner at risk. The other issue discussed by Roman jurists in the context of game reserves and game parks was whether wild animals and the profit accruing from hunting them should be deemed a fructus fundi.

A new measurement of the decay rate of the negative positronium ion:status and preliminary results

2005 ◽  
Vol 83 (4) ◽  
pp. 413-423 ◽  
Author(s):  
F Fleischer ◽  
K Degreif ◽  
G Gwinner ◽  
M Lestinsky ◽  
V Liechtenstein ◽  
...  
Keyword(s):  
Experimental Data ◽  
Decay Rate ◽  
Lifetime Measurement ◽  
The Other ◽  
Body System ◽  
Positron Source ◽  
Preliminary Results ◽  
The Status ◽  
Set Up ◽  
Three Body

A great number of theoretical papers have been published dealing with the negative positronium ion Ps–. On the other hand, experimental data on this purely leptonic three-body system (e+e–e–) is very limited. Apart from a first observation, a lifetime measurement with an accuracy of 4% has been published. We have built a set-up to produce Ps– making use of moderated positrons from a 22Na source, and we are presently running an experiment to improve on its decay rate. This paper discusses the status of the project as well as the possibilities of extending these investigations to other properties of Ps–, the latter becoming possible using the NEPOMUC positron source at the FRM II reactor in Munich.PACS No.: 36.10.Dr

The Fair Sax: Women, Brass-Playing and the Instrument Trade in 1860s Paris

1999 ◽  
Vol 124 (2) ◽  
pp. 221-254 ◽  
Author(s):  
Katharine Ellis
Keyword(s):  
Popular Romance ◽  
Brass Instruments ◽  
Brass Band ◽  
The Press ◽  
Napoleon Iii ◽  
The Status ◽  
Paris Conservatoire ◽  
Band Competition ◽  
Set Up ◽  
Do So

On 29 August 1865, an audience of critics and the general public gathered at the Salle Herz in Paris to witness and pass judgment on the results of an experiment set up three years earlier by the instrument manufacturer Alphonse Sax Jr, who aimed to demonstrate not only that women were capable of playing brass instruments, but that it was in their interests — on moral, health and potentially even career grounds — to do so. Although this concert of brass-band music, with supplementary items for harp and voice, marked the band's third public appearance (they had performed at the Palais d'Industrie in December 1864 and at a brass-band competition in Orbec earlier in August 1865), it was their first appearance at a major concert venue and represented their début in front of the massed Parisian press. When they walked on stage, members of the audience sniggered at the sight of a group of young women carrying brass instruments covering the entire range from the portable cornet to the heavyweights of the bass section. Plainly dressed, with only moderately full skirts, they proceeded to play an arrangement of Partant pour la Syrie, a popular romance set as a quick march, which was then thought to be by Eugénie de Beauharnais, and which under the reign of her son Napoléon III had gained the status of a national hymn. The march had been arranged by the group's conductor, Laure Micheli, who directed the ensemble in two other pieces. To wide acclaim, Émilie Lacroix then played a set of variations for cornet à pistons, arranged by J.-B. Dias, on the tune Le carnaval de Venise. The remaining members of the sextet are shadowy figures: Mlle Dias on second cornet (presumably the sister or daughter of the arranger Dias), Mlle Suzanne Legrand and Mme Neckra in the alto section, and Mlle Marie Legrand (presumably the sister of Suzanne) and Mme Worms playing bass instruments. The supporting artists were all women: the singers Mlle Marcus (also referred to in the press as Mlle Marens or Mlle Marius) and Mme Neulat de Chambon, and the harpist Mlle Waldteufel (a joint first-prize winner at the Paris Conservatoire and former pupil of Antoine Prumier); Suzanne Legrand doubled as accompanist for the singers.

Governing Body of the Church in Wales

2012 ◽  
Vol 15 (1) ◽  
pp. 90-93
Author(s):  
Philip Morris
Keyword(s):  
Presidential Address ◽  
The Other ◽  
Sex Partners ◽  
Same Sex ◽  
Domestic Life ◽  
Governing Body ◽  
Civil Marriage ◽  
The Status ◽  
The Church ◽  
Do So

As always, the 2012 meetings of the Governing Body addressed issues of relevance both to wider society in Wales and to the domestic life of the Church. The Archbishop's Presidential Address to the April meeting focused on the likelihood of the extension of civil marriage to same-sex partners and the issues raised by Equal Civil Marriage: a consultation. If the legislation to allow same-sex civil marriage were passed, said the Archbishop, ‘I cannot see how we, as a Church, will be able to ignore the legality of the status of such partnerships and we ought not to want to do so’. In September, on the other hand, he concentrated on what he described as ‘musings on the underlying philosophy of The Church in Wales Review Report’ and, in particular, on what the Report had to say about the Gospel and the Church as an institution.

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