scholarly journals NOWE PRAWO WŁASNOŚCI – PRZEKSZTAŁCENIA W STOSUNKACH WŁASNOŚCIOWYCH W POLSCE W LATACH 1944-1950

2016 ◽  
Vol 11 (2) ◽  
pp. 257
Author(s):  
Anna Machnikowska
Keyword(s):  
Characteristic Feature ◽  
Civil Law ◽  
The Political ◽  
Negative Consequences ◽  
Wide Spread ◽  
Individual Character ◽  
Long Time ◽  
Political Idea ◽  
Theory Of Law ◽  
Definition Of

NEW PROPRIETORSHIP – PRIVATIZATION TRANSFORMATIONS IN POLAND IN YEARS 1944-1950 Summary In the first years of the People’s Republic of Poland a partial change in the contents and the function of proprietorship occurred. The modification, in which the majority of the society believed for a long time, meant not only the introduction of new subjects under a given proprietorship, but also a real re-definition of the very notion of ownership. Then, shifts in restrictions imposed on proprietorship occurred. Before they were placed besides law, among other things in administrative regulations; as a result of the new solutions they have directly been included in proprietorship. This led to proportion changes between the rights and duties of owners and non-owners. Civil law tradition was abandoned, although it did not treat proprietorship as absolute law, but it did not impose any concreto limits. Civil law tradition accepted the assumption that the possible unlimited freedom of the proprietor connected with law’s flexibility is the characteristic feature of proprietorship. It proved that restrictions did not constitute the essence of ownership and they had a different role in it. Hence, it was underlined that the possible narrowing of the owner’s rights should have short-termed and individual character, established according to the law. Yet, the new transformations of proprietorship accepted a different assumption. The characteristic feature was that they were not distinctly visible and recognizable in the first years. They were not expressed in the theory of law while the thesis was developed in the sphere of politics and propaganda that its aim was to make proprietorship more wide spread and to enhance its social function. The political idea of proprietorship management appeared after many attempts taken up at the turn of the 40s and 50s. The referred theory of law was rather a false justification than the real, essential foundation of taken up activities at that time, as the new authorities did not manage to elaborate a coherent concept of socialist proprietorship fulfilling civil law criteria, even with the help of the Soviet achievements. Due to this reason slogans were mainly used, which were to signify the conformity of practice with the declaration of nationalization. In fact, they concentrated on the current property administration, property either taken over or controlled by the state. It was generally believed by the ruling body that proprietorship could be freely transformed without any negative consequences.

scholarly journals Civil Law Regime of Genes as Objects of Civil Rights

Lex Russica ◽  
2019 ◽  
pp. 100-109 ◽  
Author(s):  
A. N. Levushkin
Keyword(s):  
Civil Rights ◽  
Patent Protection ◽  
Civil Law ◽  
Legal Regulation ◽  
Private Life ◽  
Genomic Technologies ◽  
Long Time ◽  
Genomic Studies ◽  
Definition Of ◽  
Genetic Structures

At the present stage of the formation of the rule of law and developed civil society in the Russian Federation, the possibility of using and protecting genes, genomes and genomic technologies, mainly related to the sphere of private life, becomes particularly relevant. The world has already formed a scientific direction — gene editing. The practice of implementation of such developments is aimed at the implementation of genetic «improvement» of a person, his life and health. Society has existed for a long time in the era of genetic engineering. Currently, quite a large number of scientific studies are being conducted and many practical experiments are being implemented, both medical and socio-legal, aimed at involving genes and genetic structures in the framework of the legal field, in civil circulation.A particularly large number of questions and practical problems arise in determining the possibility of including genes and genomes as objects of legal relations and their definition as objects of civil rights.Debatable is the question of the turnover of genes, genomes, genetic structures and the possibility of making various civil transactions with them, the entry of subjects (participants) of genomic technologies in the binding and proprietary relationships with genes. The possibility of inclusion of genes and genomes in the objects of intellectual property rights and ensure their patent protection, the establishment of legal protective procedures is proved.There is an objective need to qualify and determine the legal nature of genes and genomes as objects of civil rights and the establishment of a special civil regime of genes, genomes and genetic structures. This special civil law regime of genes has a civil law nature. The author’s definition of a special civil-law regime of genes as objects of civil rights is proposed, the features and content of this regime are determined. The possibility of regulatory and legal regulation of genomic studies and the implementation of their results in medical practice is proved.

scholarly journals Оn the problems of understanding the category «sanction» in the theory of law and branch jurisprudence

2021 ◽  
Vol 66 ◽  
pp. 288-293
Author(s):  
T.V. Mikhailina ◽  
Yu. Gotsulyak ◽  
А. Gel
Keyword(s):  
Legal Liability ◽  
Legal Norm ◽  
Legal Responsibility ◽  
Scientific Article ◽  
Negative Consequences ◽  
Structural Element ◽  
Theoretical Approaches ◽  
Theory Of Law ◽  
Definition Of ◽  
Restrictive Measures

The scientific article is devoted to the analysis and rethinking of the category «sanction» in the theory of law and branch jurisprudence.As a result of the conducted research, the general theoretical definition of the category «sanction» as part of a legal norm that provides for negative consequences of non-compliance or improper implementation of the rule enshrined in the disposition of the rule of law, is supported.It is noted that, despite the existence of certain terminological differences, in general, the sciences of criminal law and the theory of law are moving in the same direction regarding the definition of sanctions and their classification, which cannot be said about other branches of law. In the science of civil law, modern definitions take us not only beyond the legal norm, but also beyond the law as a whole, focusing on the ability of sanctions to be contained in the contract between the parties, and therefore associating the sanction not with part of the legal norm, but with legal responsibility as such. And sanctions in economic law fully relate to the type and degree of responsibility.It is concluded that theoretical approaches to the definition of sanctions in administrative law can be clearly divided into two groups, the first of which «fits» into the general understanding of sanctions. When referring to the latest doctrinal sources (the second group), there is a significant variability in them and attempts to move away from the established definition. Moreover, the understanding of the sanction goes far beyond both the legal norm and legal liability, extending it, among other things, to preventive measures.Thus, it is necessary to distinguish the category of «sanction» as specifically restrictive measures, as measures of legal liability and as a structural element of a legal norm. Moreover, if the term «sanction» may well be applied to restrictive measures, which is due to the etymology of this concept, then the identification of sanctions as an element of a legal norm and measures of legal liability should be completely excluded. The use of such categories as synonymous at both the doctrinal and practical levels leads to legal uncertainty and confusion of concepts.

scholarly journals A Man, Who Never Stopped Dreaming of Humane India: Swami Agnivesh

2020 ◽  
Vol 8 (2) ◽  
pp. 74-83
Author(s):  
Venkat Rao Pulla ◽  
Bharath Bhushan Mamidi
Keyword(s):  
Social Activism ◽  
Scale Up ◽  
The Political ◽  
Contemporary History ◽  
Negative Consequences ◽  
Social Activists ◽  
History Of ◽  
The Common ◽  
The Government ◽  
Definition Of

We share two observations based on what we have seen in India. First, that the hegemonic politics in India ushered in institutional and structural inequalities in their wake and second, that the political leadership continued to be aspirational irrespective of ideologies desiring to scale up in the hierarchy of global economic and political power. These two observations pertain to the contemporary history of five decades of development in India. As a result of the above two observations, we make a further two observations that for the Aām Aādmi (the common man), the political parties that sit in the government and their respective ideologies do not matter. And for the state and the political elites, the negative consequences such as marginalisation, exclusion and desperation of the common folks that emanate from the models chosen for development do not matter.   It is in such contexts, social activists argue for a legitimate space for the vying intersects of poverty, caste, class, occupations, habitats amidst such motivated globalisation. They also continue to raise difficult conversations around patriarchy, religious hierarchy, bonded labour, and the girl child.  One such social activist that was concerned about all the above issues was Swami Agnivesh.  He was not antigovernment, anti-democracy, anti-institutional, anti-hierarchy, anti-religious. He sought to restore a new and deeper meaning of freedom (democracy), a new meaning of hierarchy, social care, and even a new definition of spirituality that is social. He was a man who never stopped dreaming of humanising India. In this article, we reminisce about our association with Swami Agnivesh and attempt to espouse his thought based on our hearing, reading, and reflection.    Briefly, we present his life, achievements, and social activism, and more importantly, we attempt to interpret his conception of social spirituality and the ‘power of love’.

scholarly journals Gaps and Analogies in the Legal Definition of the Lease Facility in Russia

2020 ◽  
Vol 13 (2) ◽  
pp. 26
Author(s):  
Viktor A. Mikryukov
Keyword(s):  
Economic Activity ◽  
Civil Law ◽  
Legal Regulation ◽  
Wide Spread ◽  
Regulatory Structure ◽  
Legal Regime ◽  
Legal Definition ◽  
Material Goods ◽  
Definition Of ◽  
Object Of Study

The study is relevant, as multi-variant rental relationships are wide-spread, requiring a seamless legal definition of the key elements of the lease design. The aim is to identify and, by analogy, comprehensively develop the legal regime of problematic and atypical leases, thus strengthening the doctrinal basis for filling legal gaps in the practice of applying civil law by analogy. Combined with special technical-legal and comparative-legal methodological tools, the article applied general logical methods of analysis, synthesis, induction, deduction, comparison and generalization. This research is peculiar in that the method of analogy acted simultaneously as a means, and as an object of study. Specific gaps in the legal definition of the list and properties of present and future things and their parts as admissible lease facilities were identified; a practical idea to improve the regulatory structure of the lease arrangement was formulated. The work helps to achieve greater contractual freedom and variability of economic activity, promotes the involvement of a greater number of material goods in the property turnover, at the same time helping to unlock the potential of the analogy method in the legal regulation of economic activity.

scholarly journals Ruralizing Dewey: The American friend, internal colonization, and the Action School in post-revolutionary Mexico (1921-1940)

2011 ◽  
Vol 10 ◽  
pp. 43-64
Author(s):  
Rosa Bruno-Jofré ◽  
Carlos Martinez Valle
Keyword(s):  
Rural Education ◽  
Indigenous Population ◽  
The Political ◽  
Columbia University ◽  
Negative Consequences ◽  
Civilizing Mission ◽  
Teachers College ◽  
Economic Context ◽  
Progressive Educator ◽  
Long Time

The article examines how and to what extent the ideas of John Dewey were adopted and adapted by the political and educational elite of post-revolutionary Mexico and the consequences of that adoption. It provides the political, cultural, and socio-economic context of reception as well as the various points of entry of Dewey`s ideas including the relation between the Secretary of Education, the Universidad Nacional de México and Columbia University (in particular Teachers College) and the influence of the Protestant missionaries. The article discusses the issues and ideas that characterized the political and educational debates of the time and mediated the traveling and reception of international pedagogical ideas. It pays particular attention to the building of Mexicanidad (nation building) through the incorporation or the integration (depending on the dominant current thought) of the rural and indigenous population in a contradictory and eclectic modernizing project. It does not neglect the negative consequences of the translation of some progressive ideas. The introduction of Dewey`s ideas are discussed within the context of the various political and educational tendencies inside the Secretary. The last part of the paper is devoted to Rafael Ramírez, a progressive educator, a central protagonist, who served in the Secretary for a long time in spite of political changes and who devoted his life to rural education and its civilizing mission. He wrote about education and we can trace his reading of Dewey.

scholarly journals Emergence of the category of “accessority” and historical peculiarities of its reception in Russian civil law

2021 ◽  
pp. 1-15
Author(s):  
Igor' Olegovich Nadtochii ◽  
Roman Petrovich Trukhan
Keyword(s):  
Civil Law ◽  
Roman Law ◽  
Soviet Period ◽  
Legal Doctrine ◽  
Legal Relationship ◽  
Long Time ◽  
The Subject ◽  
Russian Law ◽  
Civil Science ◽  
Definition Of

The subject of the article is the examination of evolution of the institution of accessory obligations and its gradual “infiltration” into Russian law. The author reviews the genesis of the category of “accessority” in Roman law, within the framework of which its initial formula “the validity of the accessory legal relationship is predetermined by the validity of the basic legal relationship" gained widespread. Description is given to the peculiarities of evolution of accessority in Russian law. In civil law of pre-revolutionary Russia, accessority was being neglected for a long time. In the Soviet period, the identification of the terms “security obligation” and “accessory obligation” established in civil science. Currently, in Russian law, the concept of “accessority” is identified with the security obligation. The conclusion is made on versatility of the category of “accessority”. In the course of the development of law, the concept of accessory obligations undergone significant changes – from perception of accessority as a certain obligation that ensures the repayment of debt and the transfer of “belonging” to the sold goods towards its identification with security obligations as a whole. With time, the opinion that accessority is attributed to different types of obligations with own features and specifics, has established in the legal doctrine. The relevance of the selected topic is defined by a range of problematic questions, which have not been previously covered in Russian civil science. Thus, the legislation of the Russian Federation does not contain a legal definition of the concept of accessory obligations. The civil law doctrine also does not have a unanimity of opinion on the matter. The authors assume that the established situation, namely in the context of the civil legislation that has been fundamentally reformed in 2012 – 2015, does not contribute to unified understanding of the essence of accessory obligations and optimization of their doctrinal interpretation.

scholarly journals REGULATIONS WITH RESPECT TO CIVIL TURNOVER IN THE ACT ON THE RESTITUTION OF POLISH HERITAGE ASSETS AND THEIR APPLICATION TO MUSEUMS’ OPERATION

Muzealnictwo ◽  
2021 ◽  
Vol 62 ◽  
pp. 198-207
Author(s):  
Adam Barbasiewicz
Keyword(s):  
Civil Law ◽  
Legal Regulations ◽  
Museum Collections ◽  
Negative Consequences ◽  
Central Concept ◽  
Ownership Transfer ◽  
National Heritage ◽  
Private Museums ◽  
Definition Of ◽  
Public Collection

It is the legal regulations related to civil turnover specified in the Act of 25 May 2017 on the Restitution of Polish Heritage Assets (consolidated text, Journal of Laws 2019, Item 1591) in the context of the activity of museums and other institutions running a museum activity that is the topic of the paper. They speak of legal activities including ownership transfer or charge on Poland’s heritage assets pertaining to public collections, or the ban on acquiring assets from a person unauthorized to dispose of them or manage them by prescription, as well as of the non-limitation of claims for their release. The Author analyses the central concept of the quoted Act: that of the <u>national heritage assets of the Polish Republic</u> pertaining to public collections, while discussing in detail both criteria that are related to it: subject- and ownership-related ones. He points to the fact that the definition of public collections it contains is extremely broad, covering not only public collections in the colloquial meaning of the term, but also the collections of the majority of private museums, as well as non-museum collections of private entities and persons, as long as they have applied public financing. In the further part of the paper, the civil-law regulations specified in the Act are discussed, with special emphasis on the requested form of the legal actions including the transfer of ownership or burden (in writing with a certified date) suggesting that this can apply also to deposit or lending contracts. He also discusses the praxis and judicature with respect to the in writing with a certified date pointing to the possible lack of the awareness of the contract parties that the object of the contract pertains to a public collection in compliance with the provisions of the Act, and that the special contract format should be kept. In this context the Author presents some practical solutions allowing to avoid certain negative consequences. In the conclusion it is emphasized that the regulation contains certain concepts which might inspire essential interpretative doubts having impact on the application of the discussed regulations.

Göçmen edebiyatında din ve kimlik yansımaları -Fakir Baykurt’un Yarım Ekmek Romanında Din ve Gelenek-

2015 ◽  
Vol 2 (1) ◽  
pp. 117-145
Author(s):  
İsmail Güllü
Keyword(s):  
The Political ◽  
The Novel ◽  
Cultural Shock ◽  
Turkish Literature ◽  
Socialist Realist ◽  
Long Time ◽  
Societal Structure ◽  
Immigrant Religion ◽  
Turks In Germany ◽  
The City

Yarım aşırı aşan bir geçmişe sahip Almanya’ya göç olgusu beraberinde önemli bir edebi birikimi (Migrantenliteratur) de getirmiştir. Farklı adlandırmalar ile anılan bu edebi birikim, kendi içinde de farklı renkleri de barındıran bir özelliğe sahiptir. Edebi yazını besleyen en önemli kaynaklardan biri toplumdur. Yazarın içinde yaşadığı toplumsal yapı ve problemler üstü kapalı veya açık bir şekilde onun yazılarına yansımaktadır. Bu bağlamda araştırma, 50’li yaşlarında Almanya’ya giden ve ömrünün sonuna kadar orada yaşayan, birçok edebi ve düşünsel çalışması ile Türk edebiyatında önemli bir isim olan Fakir Baykurt’un “Koca Ren” ve Yüksek Fırınlar” adlı romanları ile birlikte Duisburg Üçlemesi’nin son kitabı olan “Yarım Ekmek” romanında ele aldığı konu ve roman kahramanları üzerinden din ve gelenek olgusu sosyolojik bir yaklaşımla ele alınmaktadır. Toplumcu-gerçekçi çizgide yer alan yazarın, uzun yıllar yaşadığı Türkiye’deki siyasi ve ideolojik geçmişi bu romanda kullandığı dil ve kurguladığı kahramanlarda kendini göstermektedir. Romanda Almanya’nın Duisburg şehrinde yaşayan Türklerin yeni kültürel ortamda yaşadıkları çatışma, kültürel şok, arada kalmışlık, iki kültürlülük temaları ön plandadır. Yazar romanda sadece Almanya’daki Türkleri ele almamakta, aynı zamanda Türkiye ile hatta başka ülkeler ile de ilişkilendirmeler yaparak bireysel ve toplumsal konuları ele almaktadır. Araştırmada, romanda yer alan dini ve geleneksel unsurlar sosyolojik olarak analiz edilmiştir. Genel anlamda bir göç romanı olma özelliği yanında Yarım Ekmek romanında dini, siyasi ve ideolojik birçok yorum ve tartışma söz konusudur. Romandaki bu veriler, inanç, ritüel, siyaset ve toplumsal boyutlarda kategorize edilerek ele alınmıştır.  ENGLISH ABSTRACTReligion and identity reflections in literature of immigrant: Religion and Tradition in Fakir Baykurt’s novel Yarım EkmekThe immigration fact which has nearly half century in Germany have brought a significant literal accumulation (Migrantenliteratur) in its wake. This literal accumulation, which is named as several denominations, has a feature including different colours in itself. One of the most important source snourishing literature is society. Societal structure and problems that the writer lives inside, directly or indirectly reflect on his/her compositions. In this context, the matter of religion and tradition by way of the issue and fictious characters in the novel of Fakir Baykurt who went to Germany in her 50’s and lived in there till his death and who is a considerable name in Turkish literature with his several literal and intellectual workings; “Yarım Ekmek” which is the third novel of Duisburg Trilogy with “Koca Ren” and “Yüksek Fırınlar” are discussed sociologically in the study. The political and ideological past of the socialist realist lined writer in Turkey where he spent his life for a long time, manifest itself on the speech and fictious characters of novel. In the novel, themes of new Turks’ conflict, cultural shock, being in the middle, bi culturalism in their new cultural nature in Duisburg which is the city they live in. The writer not only deals with Turks in Germany but also personal and social subjects via comparing them to Turkey and even other countries. In the study, religious and traditional elements analyzed sociologically. Besides the speciality of being a migration novel in general, there are a lot of religious, political and ideological interpretations and discussions in the novel. These datum in the novel are examinated in the context of belief, ritual, politics and social categorisation. 

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.

Challenges of the parliamentary system in Iraq after 2003

2019 ◽  
Vol 3 (10) ◽  
pp. 101
Author(s):  
Emad Wakaa Ajil
Keyword(s):  
Political System ◽  
Separation Of Powers ◽  
Political Process ◽  
The United States ◽  
Arab Countries ◽  
The Political ◽  
Parliamentary System ◽  
Political Transformations ◽  
The Us ◽  
Long Time

Iraq is one of the most Arab countries where the system of government has undergone major political transformations and violent events since the emergence of the modern Iraqi state in 1921 and up to the present. It began with the monarchy and the transformation of the regime into the republican system in 1958. In the republican system, Continued until 2003, and after the US occupation of Iraq in 2003, the regime changed from presidential to parliamentary system, and the parliamentary experience is a modern experience for Iraq, as he lived for a long time without parliamentary experience, what existed before 2003, can not be a parliamentary experience , The experience righteousness The study of the parliamentary system in particular and the political process in general has not been easy, because it is a complex and complex process that concerns the political system and its internal and external environment, both of which are influential in the political system and thus on the political process as a whole, After the US occupation of Iraq, the United States intervened to establish a permanent constitution for the country. Despite all the circumstances accompanying the drafting of the constitution, it is the first constitution to be drafted by an elected Constituent Assembly. The Iraqi Constitution adopted the parliamentary system of government and approved the principle of flexible separation of powers in order to achieve cooperation and balance between the authorities.

Sign in / Sign up

Export Citation Format

Share Document