scholarly journals THE APPLICATION OF THE DEVELOPMENT OF CUSTOMARY INHERITANCE LAW ACCORDING TO THE JURISPRUDENCE OF THE SUPREME COURT

2017 ◽  
Vol 29 (1) ◽  
pp. 108
Author(s):  
Ellyne Dwi Poespasari ◽  
Sri Hajati ◽  
S Soelistyowati
Keyword(s):  
Supreme Court ◽  
Indigenous Peoples ◽  
Inheritance Law ◽  
Traditional Leader ◽  
Kinship System ◽  
The Supreme Court ◽  
The Family ◽  
Lack Of Knowledge

AbstractCustomary inheritance law is influenced by the three kinship system. The Indonesian indigenous peoples, if there is a dispute about inheritance customs, completed the family council, if the hearts of deliberation families not bring results, then the Settlement shown to the Indigenous Institute, but when hearts division of inheritance still feel less satisfied BY Decision Traditional Leader Then Settlement of inheritance can be resolved in the court. Application of norms The jurisprudence of the Supreme Court Third hearts kinship system can be implemented yet, due to lack of knowledge of indigenous peoples against jurisprudence. Jurisprudence singer known only hearts Verdict The heritage dispute resolved by the Court InstituteIntisariHukum waris adat masih dipengaruhi tiga sistem kekerabatan Pada masyarakat adat jika terjadi sengketa waris adat, diselesaikan musyawarah keluarga, apabila dalam musyawarah  keluarga tidak  membawa hasil,  maka penyelesaian kepada lembaga adat, namun apabila dalam pembagian harta waris masih merasa kurang puas dengan putusan ketua  adat    maka  penyelesaian waris dapat diselesaikan di pengadilan. Penerapan norma Yurisprudensi Mahkamah Agung  dalam ketiga sistem kekerabatan belum  dapat  dilaksanakan,  disebabkan   kurangnya  pengetahuan  masyarakat    adat  terhadap  yurisprudensi.  Yurisprudensi  ini  hanya  dikenal  dalam  putusan  sengketa  warisan yang  diselesaikan  oleh  lembaga  pengadilan.  

scholarly journals Czy przebaczenie niweczy skutki uprzedniego wydziedziczenia?

2017 ◽  
Vol 21 ◽  
pp. 143-153
Author(s):  
Anna Moskal
Keyword(s):  
Supreme Court ◽  
Civil Law ◽  
Civil Code ◽  
Inheritance Law ◽  
Dominant Position ◽  
Legal Nature ◽  
The Supreme Court ◽  
Lower Courts ◽  
The Subject ◽  
Made In

Does forgiveness nullify the effects of previous disinheritance? The legal nature of forgiveness is the subject of passionate debates among the representatives of civil law doctrine. According to the dominant position in the literature, forgiveness is an act of affection or its manifested expression of forgiveness of the perpetrator of experienced injustice and related to this grudge. This institution has been applied three times in the Civil Code — once with the donation agreement, twice in regulations of inheritance law. Article 1010 § 1 provides that a testator cannot disinherit eligible for legal portion if he forgave him. The wording of the above article indicates that accomplishment of disinheritance in case if testator eligible for legal portion has previously forgiven. The legislator did not, however, determine the effects of forgiveness in relation to previous disinheritance. In the act of 1971, the Supreme Court accepted that such forgiveness would automatically nullify the effects of disinheritance, and could be made in any form. In recent years, lower courts have begun to question the Supreme Court's position, and judges increasingly refer to the critical statements of numerous doctrines. As it was rightly stated, admitting the possibility of invoking the forgiveness made after disinheritance poses a serious threat to the realization of the testator’s will, who, by forgiving, does not necessarily want to revoke the effects of his previous disinheritance. The postulate of de lege ferenda is, according to the author of the article, giving of freedom of judging the effects of forgiveness to the courts and each examination of the forgiving testator’s will on the possible abatement of the consequences of previous disinheritance.]]>

scholarly journals Nils Eberhard Svedelius, 1873-1960

1961 ◽  
Vol 7 ◽  
pp. 294-312
Keyword(s):  
Supreme Court ◽  
16Th Century ◽  
Small Scale ◽  
Government Officials ◽  
Supreme Court Justice ◽  
Army Officers ◽  
The Supreme Court ◽  
The Family ◽  
Old Swedish ◽  
High Government

Nils Svedelius came of old Swedish stock. His first known ancestor was one Nils Andersson, a farmer in the parish of Leksand in Dalecarlia, who lived in the middle of the 16th century. In the early 17th century one of his grandsons entered holy orders and became vicar of Rattvik parish. In those days, small-scale farming was an important side activity for country parsons. During his tenure, a good piece of land belonging to the parsonage and known as Sveden was brought under the plough, and from this place his grandchildren took the family name Svedelius. From them all the bearers of the name are descended, among them many prominent citizens, high government officials, army officers, merchants and teachers, the most widely known being the historian Vilhelm Erik Svedelius (1816-1889), still something of a legendary figure in the academic annals of Uppsala. But as far as is known to the present writer, none of them ever took any special interest in natural history. Only one of them, the man whose life and work are the object of this article, became a man of science. Nils Eberhard Svedelius was born in Stockholm on 5 August 1873, the second son of Supreme Court Justice Carl Svedelius, L.L.D., and of his wife Ebba Katarina, who came of the old noble family Skytte af Satra. Nils’s elder brother studied law and, like his father, became a Justice of the Supreme Court of Sweden.

Recent Developments in Canadian Aboriginal Law: Overview of Case Law and of Certain Principles of Aboriginal Law

2008 ◽  
Vol 10 (3) ◽  
pp. 319-350
Author(s):  
Patricia Ochman
Keyword(s):  
Supreme Court ◽  
Indigenous Peoples ◽  
Case Law ◽  
Supreme Court Of Canada ◽  
Treaty Rights ◽  
Aboriginal Rights ◽  
The Supreme Court ◽  
Key Concepts ◽  
Recent Developments ◽  
Aboriginal Law

AbstractThe author reviews the most recent judgments rendered by the Supreme Court of Canada and certain provincial courts, in order to provide an update in the sphere of Aboriginal law practice in Canada, destined mainly for foreign lawyers and academics. Throughout the review of those recent judgments, the author provides an overview of certain key principles and concepts of Canadian Aboriginal law. Besides providing an overview of recent judgments in the sphere of Aboriginal law, the author seeks to illustrate how meaningful the protection and recognition of Aboriginal rights and treaty rights are in practice, through the overview of key concepts and principles of Canadian Aboriginal law and how they were recently interpreted by Canadian courts. The author briefly addresses Canada's vote against the adoption of the U.N. Declaration on the Rights of Indigenous Peoples.

scholarly journals INDIVIDUAL LEGAL ACTS OF THE SUPREME COURT OF THE RUSSIAN FEDERATION ON FAMILY DISPUTES CONCERNING PROPERTY

Lex Russica ◽  
2020 ◽  
pp. 19-27
Author(s):  
O. N. Nizamieva
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Family Law ◽  
Legal Regulation ◽  
Legal Norms ◽  
Property Relations ◽  
The Supreme Court ◽  
The Family ◽  
Lower Courts ◽  
The Russian Federation

The article has analyzed the jurisprudence of the Supreme Court of the Russian Federation on family disputes that involve property issues, revealed features of implementation of functions of the highest court in this field. First, it is stated that the Supreme Court of the Russian Federation reviews decisions of lower courts mainly in cases where the application of family law rules is contradictory and unsettled. It is necessary to fill in a gap in family law, to resolve conflicts between certain legal norms, to choose between several possible interpretations of the law. Second, the judicial panels of the Supreme Court of the Russian Federation, making a determination on a particular case, clarify the meaning of legal norms, and sometimes under the guise of interpretation in fact correct ill-considered or outdated norms of family law. Third, the High Court reviews cases where there is a typical and widespread error in the application of a very clear and defined rule. Fourth, in individual legal acts it is possible to observe the concretization or change of the previously designated legal stances while maintaining the legislative rules in the same form. Using certain examples of cases considered by the Supreme Court of the Russian Federation on family disputes concerning property, the paper has demonstrated the mechanism of possible transformation of abstract, non-personified and doctrinally oriented provisions contained in the definitions of judicial boards of the Supreme Court to general legal regulators. The author has determined certain problems of legal regulation of property relations in the family that have not been settled by the Supreme Court of the Russian Federation.

scholarly journals Jurisdiction Analysis of The Distribution of Integrity Children Out of Marriage as Substitute Heritages (Study of The Supreme Court Decision Number: 784 K/Pdt/2014)

2021 ◽  
Vol 9 (01) ◽  
pp. 25
Author(s):  
Gagah Hotma Parulian Siregar ◽  
Widhi Handoko
Keyword(s):  
Supreme Court ◽  
Secondary Data ◽  
Supreme Court Decision ◽  
Study Data ◽  
Civil Code ◽  
Court Decision ◽  
Inheritance Law ◽  
Main Research ◽  
The Supreme Court ◽  
Research Problems

 Many problems regarding inheritance law occur due to distribution that is not in accordance with applicable regulations. In the Supreme Court Decision Number 784 K/Pdt/2014, the main research problems are: (1) How is the distribution of the inheritance of children out of wedlock as replacement heirs based on the Civil Code study of the Supreme Court's decision number: 784 K/Pdt/2014 . (2) Is the content of the Supreme Court's order Number: 784/Pdt/2014 concerning the distribution of the inheritance of children out of wedlock as replacement heirs appropriate or not according to the Civil Code. This type of research is normative juridical. The data used are secondary data, library study data collection and qualitative data analysis and deductive method conclusions. The conclusion of this decision study states that (1) the heirs to the inheritance of the Supreme Court decision study number: 784 K/Pdt/2014 are Dewina Tjandra, Trisnani Tjandra, Patty Tjandra, Sarina Tjandra, Arifin Tjandra, Ony Tjandra, and Fitri Tjandra . (2) The Supreme Court's decision Number 784 K/Pdt/2014 regarding the distribution of the inheritance of children out of wedlock as substitute heirs is not in accordance with Article 842 of the Civil Code.   

scholarly journals Interpretation of Negative Prerequisites for Dissolving Marriage by Divorce – Comments in the Light of Directives of the Supreme Court

2013 ◽  
Vol 32 (1) ◽  
pp. 75-87
Author(s):  
Małgorzata Anna Dziemianowicz
Keyword(s):  
Supreme Court ◽  
Judicial Decisions ◽  
Binding Force ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Family ◽  
Minor Children ◽  
Unchanged Form ◽  
Made In ◽  
Special Protection

Abstract The issues discussed in the following article focus on the interpretation of negative prerequisites for dissolving marriage by divorce. In Poland, special protection of the family stems both from the Constitution and the Family and Guardianship Code of 1964. The obstacles which seem to counteract the independent breaking of the marriage knot are the regulated positive and negative divorce prerequisites. In the area of divorce prerequisites in question, the Family and Guardianship Code functions in the unchanged form. As provided by the Family and Guardianship Code one of the negative divorce prerequisites was the welfare of minor children who could suffer as a result of granting a divorce. It is interesting for the contemporary judicial practice and the interpretation of law made in court judgments whether and in what scope it is possible to use the contemporary achievements of the Supreme Court as regards the guidelines. It seems that in the situation where the directives lost their binding force, it is not purposeful to refer to them as a source of law interpretation. The practice of judicial decisions seems to oppose this idea. Moreover, the guidelines of the Supreme Court passed at the time when they were a commonly binding interpretation of the law will undoubtedly be useful for creating the judicial law now and in the future.

I See Red: Truth-Telling about Colonial Courthouses and Indigenous Dispossession Through Art

2020 ◽  
pp. 174387212093724
Author(s):  
Ben Wardle ◽  
Lee Harrop
Keyword(s):  
Supreme Court ◽  
Indigenous Peoples ◽  
Western Australia ◽  
Legal System ◽  
Public Art ◽  
Truth Telling ◽  
The Supreme Court ◽  
Indigenous Sovereignty ◽  
The City

This paper examines how art can be used in the process of truth telling about the role colonial courthouses played in the violent dispossession, exploitation and oppression of Indigenous peoples. The paper focuses on the Old Court House in Perth, Australia, as this was the site of a commission winning public art work selected by the City of Perth that was decommissioned after permission to install the work was denied by the sitting judges of the Supreme Court of Western Australia. It is argued that art can be a means to draw attention to the methods used by the colonial legal system to usurp Indigenous sovereignty, that art on courthouses can be used to signify ongoing resistance to colonisation, and that this should be embraced by the legal community rather than be censored by the judiciary.

scholarly journals THE SHIFT OF KARO ADAT INHERITANCE LAW ON DAUGHTER AND WIDOW’S PORTION

2017 ◽  
Vol 16 (3) ◽  
Author(s):  
. Rosnidar ◽  
. Afrita ◽  
. Zulkifli
Keyword(s):  
Supreme Court ◽  
Analytical Method ◽  
Inheritance Law ◽  
The Supreme Court ◽  
The Status ◽  
Equal Right

Supreme Court Verdict No. 179 K/Sip/ 1961 states that son and daughter have equal portion of inheritance. Then, the Supreme Court Verdict No. 100 K/Sip/1967 stated that  a widow is the recipient of her deceased husband’s legacy. The research formulates the following questions; What is the status of a daughter and widow in relation to the inheritance of her parent/ husband legacy in Karo communities after the Supreme Court Verdict No. 179 K/Sip/ 1961 and Supreme Court Verdict No. 100 K/Sip/ 1967 that have been implemented? How does the inheritance law develop recently? These questions will be addressed empirically by a descriptive analytical method. The shift of adat inheritance law occurs post Supreme Court Verdict No. 179 K/Sip/ 1961 which puts the equal right for both son and daughter. Besides, the post Supreme Court Verdict No. 100 K/Sip/ 1967 states the widow is the recipient of her deceased husband’s legacy.Keywords  : Karo adat inheritance law, daughter/widow, Supreme Court Verdict

scholarly journals HUKUM KEWARISAN DALAM KOMPILASI HUKUM ISLAM (KHI) DI INDONESIA

ALQALAM ◽  
2009 ◽  
Vol 26 (1) ◽  
pp. 129
Author(s):  
Yusuf Somawinata
Keyword(s):  
Supreme Court ◽  
Islamic Law ◽  
Inheritance Law ◽  
Joint Project ◽  
The Past ◽  
Inheritance System ◽  
The Supreme Court ◽  
The Absolute ◽  
Definition Of ◽  
Marital Law

The Islamic laws of inheritance has improved and eliminated the imbalances of the inheritance system conducted by many people both in the past and at present. Islamic laws of inheritance does not contain arbitrariness to the heirs, but gives the absolute justice.The efforts to endorse Islamic laws on the positive laws in Indonesia have been done continuously by the Islamic leaders and prominent figures. These are proven by the emergence of Religious Judicature Competency in article 49 UU No.7 of 1989, and the completing of the joint project between the Supreme Court of RI and the Ministry of Religious Affairs of Indonesia on Islamic Law Compilation containing the material of marital law, inheritance law, and law of religious foundation in 19 91.Since the Presidential Instruction of RI No. 1 of 1991 and the decision of the Ministry of Religious affairs of RI No. 154 of 1991 were issued, Islamic law Compilation in Indonesia had obtained power and juridical form to be practiced by religious court, other administration institutions as well as by community that needs it in solving the problems regulated in this compilation.Inheritance law as regulated in Islamic Law Compilation is basically an inheritance law taken from the opinion of jumhur fuqaha. However, there are some exceptions, I such as in the cases of wasiat wajibah, naqisah (radd), and definition of off spring (walad).

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