scholarly journals ANALYSIS OF CIVIL PARTNERSHIP OF NOTARY BASED ON THE LAW OF NOTARY POSITION

2018 ◽  
Vol 2 (2) ◽  
pp. 21
Author(s):  
Fonni Fonni
Keyword(s):  
Profit Sharing ◽  
Civil Code ◽  
The State ◽  
Legal Problem ◽  
Legal Doctrine ◽  
Legal Principles ◽  
Civil Partnership ◽  
The Law ◽  
Code Civil

This study aimed to find out and comprehend (1) the formation of a civil partnership of notary in the implementation of the notary’s position: (2) the application of the principles of civil partnership stipulation in the Civil Code to civil partnership of notary. This research is a normative research that is a process to find out laws, legal principles, and legal doctrine to answer the legal problem. This study employed a statutory, comparison, and conceptual approaches. The results of this study indicate that: (1) the formation of civil partnership is not in line with the implementation of the notary position because the main purpose of the formation of civil partnership is to seek profit, while the obligation of the notary profession is to give priority to the society and the state. (2) the principles of civil partnership stipulation in the Civil Code differ from the principles of stipulation in the formation of notary civil partnerships, in the case of profit sharing. The form of civil partnership (Code Civil) applies profit sharing whereas in civil partnership of notary there is no profit sharing, but each notary receives honorarium in return for his services without any honorarium sharing. Therefore, a revision of the use of a civil partnership of notary term used in the Law of Notary Position is required

scholarly journals Analysis of Civil Partnership of Notary Based on the Law of Notary Position

2018 ◽  
Vol 2 (2) ◽  
Author(s):  
Fonni Tahir
Keyword(s):  
Profit Sharing ◽  
Civil Code ◽  
The State ◽  
Legal Problem ◽  
Legal Doctrine ◽  
Legal Principles ◽  
Civil Partnership ◽  
The Law ◽  
Code Civil

Analysis of Civil Partnership of Notary Based on the Law of Notary Position. The Law of Notary Position provides an opportunity for notaries to establish a Civil Partnership of notaries in the performance of their position. This is contrary to the notary profession, since the purpose of the formation of Civil Partnership is to seek the benefit to be distributed to allies as stipulated in the Civil Code. This study aimed to find out and comprehend (1) the formation of a civil partnership of notary in the implementation of the notary’s position: (2) the application of the principles of civil partnership stipulation in the Civil Code to civil partnership of notary. This research is a normative research that is a process to find out laws, legal principles, and legal doctrine to answer the legal problem. This study employed a statutory, comparison, and conceptual approaches. The results of this study indicate that: (1) the formation of civil partnership is not in line with the implementation of the notary position because the main purpose of the formation of civil partnership is to seek profit, while the obligation of the notary profession is to give priority to the society and the state. (2) the principles of civil partnership stipulation in the Civil Code differ from the principles of stipulation in the formation of notary civil partnerships, in the case of profit sharing. The form of civil partnership (Code Civil) applies profit sharing whereas in civil partnership of notary there is no profit sharing, but each notary receives honorarium in return for his services without any honorarium sharing. Therefore, a revision of the use of a civil partnership of notary term used in the Law of Notary Position is required.Keywords: civil partnership, notary, joint office, maatschap

scholarly journals CONSTITUTIONALIZATION OF THE PRINCIPLES OF LAW AND THEIR IMPORTANCE FOR LEGAL BEHAVIOR

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 21-27
Author(s):  
E.V. Titova ◽  
◽  
A.G. Kuzmin ◽  
Keyword(s):  
Public Relations ◽  
Human Dignity ◽  
Essential Feature ◽  
State Power ◽  
The State ◽  
Legal Principles ◽  
Constitutional Order ◽  
Normative Significance ◽  
Russian Law ◽  
The Law

The article analyzes the objective and natural character of the origin of legal principles; the process of constitutionalization of the principles of Russian law and their implementation into the legitimate behavior of the participants of public relations. The authors substantiate that the content of constitutional principles is represented by three main elements: requirement, ideal, and knowledge. The most essential feature of constitutional principles is their ability for the legal expression of the most socially and politically significant values and ideals (legality, justice, humanism, freedom, equality, respect, trust) for an individual, society, and state. Regulatory features and normative significance of the principles of law are obtained as a result of constitutional formalization, and their embodiment insignificant rules of conduct of the state and the citizen contribute to the establishment of constitutional order. Special attention is paid to the content of some constitutional principles: the principle of respect and protection of human dignity; the principle of maintaining citizens’ trust in the law and the state; the principle of respect for the state power

2. Marriage and Civil Partnership

2021 ◽  
pp. 8-96
Author(s):  
Polly Morgan
Keyword(s):  
Legal Status ◽  
Public Perceptions ◽  
The State ◽  
Civil Partnership ◽  
The Social ◽  
The Law ◽  
Over Time

This chapter starts by considering how people get married, tracing the institution of marriage through history. It looks at the evolving popularity of marriage to the present day. The chapter then addresses the social and legal significance of marriage. It asks: Why does the state encourage people to marry? The chapter also looks at other ways in which relationships can be formalised under the law. Finally, the chapter turns to civil partnerships and looks at the changes in legal status to such partnerships over time. It also considers public perceptions of civil partnerships. Finally the chapter asks: Is there a future for marriage?

scholarly journals Konsep Badan Hukum Perhimpunan Baitul Maal Wat Tamwil (BMT) Sebagai Penguatan Hukum Ekonomi Kerakyatan

2019 ◽  
Vol 19 (2) ◽  
pp. 233
Author(s):  
Erisa Ardika Prasada ◽  
Joni Emirzon ◽  
K.N Sofyan Hasan
Keyword(s):  
Economic Activity ◽  
General Rule ◽  
Civil Code ◽  
Legal Research ◽  
Legal Entity ◽  
Legal Norms ◽  
Legal Principles ◽  
Gradual Process ◽  
The Law ◽  
The Government

Baitul Maal wat Tamwil (BMT) was established and developed with a gradual process of legal legality, namely BMT in which its legal entity was not yet known, BMT that had not had a legal entity, and BMT that had a diverse legal entity. This writing aimed at analyzing the concept of legal strengthening of BMT in Indonesia. This type of legal research was normative legal research on legal principles and legal systematics. Based on the discussion, it was concluded that BMT could be a legal entity because it had fulfilled the requirements requested by legislation, namely the general rule of Article 1653 of the Civil Code which stated that in addition to genuine civil fellowship, the law also recognized assembly of people as legal entity, both held or recognized by the government, or the assembly was accepted as permitted, or had been established for a specific purpose that was not contrary to law or good morality. Juridical considerations for BMT institutions were legal legality for every sharia economic activity and the variety and partial legal norms of BMT.

scholarly journals PROFIT AND LOSS SHARING IN THE PARTNERSHIP AGREEMENT UNDER THE NEW ROMANIAN CIVIL CODE

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Amelia Veronica Singh
Keyword(s):  
Ab Initio ◽  
Profit Sharing ◽  
Civil Code ◽  
The Other ◽  
Other Hand ◽  
The Law ◽  
Partnership Agreement ◽  
The One ◽  
Profit Share

The new Romanian Civil Code regulations have reconfirmed the rule ofproportionality when speaking about profit and loss in a partnership agreement. Basically,the law does not require that the participation of partners in profit and loss be necessarilyproportional to their contribution to the society’s capital and the associates can evendetermine their share of benefits and losses. In case the associates establish by contract onlytheir share of benefits, then their contribution to losses will become proportional to theirprofit share. If the share of profit is not proportionally equal with the contribution, then thecontribution to debts will be proportional with the profit share and not with the contributionbrought to the capital.One must keep in mind as compulsory the condition that each partner shouldparticipate both in profit and loss sharing. On the one hand, a partner cannot reserve all thebenefit for himself only, while on the other hand the partners cannot decide that one orseveral of them are exempted from participating in loss sharing. Also, they cannot set aprovision by which a partner is excluded wither from profit sharing or from participation inloss, as this provision would be void ab initio.

scholarly journals THE JUSTIFICATION OF CONSTITUTIONAL PRINCIPLES

2021 ◽  
pp. 54-58
Author(s):  
A. Matat
Keyword(s):  
Structural Analysis ◽  
Legal System ◽  
Constitutional Law ◽  
Public Law ◽  
Legal Practice ◽  
Legal Doctrine ◽  
Legal Principles ◽  
Fundamental Part ◽  
Science Paper ◽  
The Law

This paper deals with the study of the justification of constitutional principles as a fundamental category of constitutional law. Legal principles are an important conception in the legal doctrine and the legal practice of democratic countries. Ukrainian legal doctrine studies legal principles in the two paradigms, namely fundamental principles and general principles. However, this approach does not result in the understanding of principles in constitutional law. That is why principles in constitutional law are an actual topic. The article aims to examine the fundamental concepts to find the justifications of constitutional principles. Hence, the author pays attention to the content of constitutional law and constitutionalism as principles-based categories. First, constitutional law is a fundamental part of the law in the legal system, and all the parts of the law are dependent on constitutional law. Second, the universal constitutional principles are the same for all legal systems. After all, constitutionalism doctrine consists of the limitation of power, and nowadays, this is expressed through the constitution and different constitution principles. The author uses comparative legal, phenomenological, and system-structural analysis as a valid methodology for this research. Finally, the research investigation contains the following conclusions that enable the author to prove the motivation of the science paper to study the outlined topic. First, constitutional law is the basis of the legal system, which embodies constitutional principles; constitutional law has the same effect on public law and private law. Second, constitutionalism is a source for finding constitutional principles. Third, the system of constitutional principles includes the following characteristics: universality and specificity. The system of constitutional principles is open and depends on the interpretation of constitutions. The paper aims to contribute to the growing research highlighting the current issues of constitutional principles. Keywords: principles, constitutional principles, constitutional law, constitutionalism, the system of constitutional principles.

scholarly journals PENCATATAN PERKAWINAN TINJAUAN BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DAN HUKUM ISLAM

2019 ◽  
Vol 2 (1) ◽  
Author(s):  
Basri Basri
Keyword(s):  
Legal Protection ◽  
Secondary Data ◽  
The State ◽  
Data Sources ◽  
Legal Research ◽  
Legal Principles ◽  
Religious Law ◽  
Secondary Data Sources ◽  
The Law ◽  
Legal Consequences

AbstractThe main problem in this research is, the marriage registration linked to the validity of a marriage according to Law No. 1 of 1974 and the Law of Islam as well as the legal consequences of marriage were not recorded according to Law No. 1 of 1974 and the Law of Islam.This research is penelitianYuridis Normative namely legal research using secondary data sources in the form of literature votes. research that emphasizes the science of law, tried to examine the legal principles that apply in the community and as supporting research carried Normative method.Marriage has been done according to the law of each religion and his belief that (a valid marriage according to religious law) must be registered in order to obtain legal protection. However, registration of marriage it does not specify when the validity of the marriage because of the validity of marriage is at the time held Munurut law of each religion and belief. Registration of marriages serves to record the occurrence of law concerning marriage, as well as the listing on the birth.The legal consequences of marriage were not recorded, although the religion or belief was valid, but the marriage conducted without the knowledge and supervision of employees marriage registrar does not have the force of law is certain. By law, it would be difficult demanding livelihood and legacy of the husband if the husband dies. Additionally wife is not entitled to the property (Gono-gini) in case of separation. The next legal consequences are children from the marriage that can not be listed deemed illegitimate children unless there is recognition of a father or a court decision.Although the validity of marriage is returned to the law of each religion and belief but the registration of marriages should be made legal by the state so that protection can be implemented to the maximum. And registration of marriages should be made at the same time with the implementation of the marriage. Keywords: Registration, Marriage, Validity

scholarly journals Administrative and Legal Principles of Prosecutor’s Office Interaction with Public Administration Entities on the Issues of Performing Assigned Functions

2021 ◽  
Vol 80 (1) ◽  
pp. 55-61
Author(s):  
О. Ю. Прокопенко ◽  
В. І. Кравцов
Keyword(s):  
Law Enforcement ◽  
Public Administration ◽  
Legal Regulation ◽  
The State ◽  
Legal Principles ◽  
Civil Proceedings ◽  
The Status ◽  
The Law ◽  
Executive Agencies ◽  
Enforcement Activity

The problem of legal regulation of interaction between the prosecutor’s office and public administration entities on the issues of performing the assigned functions has been studied. The research is based on studying such legislative acts as the Constitution of Ukraine, Laws of Ukraine “On Central Executive Agencies”, “On the Prosecutor’s Office”, “On the Status of MPs of Ukraine”, “On Temporary Investigative and Special Commissions of the Verkhovna Rada of Ukraine” and other legislative acts and bylaws regulating the interaction of the prosecutor’s office with state authorities. The interaction of the prosecutor’s office with public administration entities has been defined as the procedure of appeal of the prosecutor’s office to the executive authorities, which is regulated by law norms, as well as the procedure of consideration of the appeals of MPs and representatives of the executive authorities in the prosecutor’s office. The authors have established the following main directions of the interaction between the prosecutor’s office and the state authorities: consideration of Mps inquiries by the prosecutor’s office, participation of prosecutors in the work of investigative commissions and temporary special commissions of the Verkhovna Rada of Ukraine, interaction of the prosecutor’s office with the Accounting Chamber of the Verkhovna Rada of Ukraine, prosecutors’ representation of state interests in the court by presenting lawsuits within administrative, commercial or civil proceedings, interaction of the prosecutor’s office with the judicial branch of power in the process of judicial system, coordination of law enforcement activity, informing the representative authorities about the results of the activity of the prosecutor’s office and the rule of law in the state and individual territorial community. Improvement of legal principles of cooperation between prosecutor’s office and public administration entities can take place in such areas as bringing the provisions of the Law of Ukraine “On the Prosecutor’s Office” in line with the Constitution of Ukraine, development of a common form of request to all prosecutor’s office in regard to represent the interests in court, establishment of uniform terms for all authorities to consider their requests by the prosecutor’s office, establishment of a separate norm in the Law of Ukraine “On the Prosecutor’s Office” that would regulate the procedure and conditions of coordination of law enforcement activities of other authorities by the prosecutor’s office.

scholarly journals LEGISLATIVE ACTIVITY OF THE STATE AS A SYSTEM

2021 ◽  
pp. 156-163
Author(s):  
А.Г. Хабибулин ◽  
К.Р. Мурсалимов
Keyword(s):  
Social Relations ◽  
The State ◽  
Forming Process ◽  
Legal Doctrine ◽  
State Determination ◽  
Legislative Activity ◽  
Russian Law ◽  
The Law

Цель: характеристика системы правообразующей деятельности государства, определение элементного состава правообразующей деятельности государства. Методы: деятельностный и системный подходы в целях проведения функциональной характеристики правообразующей деятельности государства и выделения ее системы. Результаты: определена система правообразующей деятельности государства, выявлены основные тенденции современного правообразующего процесса, показана необходимость изменения инструментария правообразующего процесса. Выводы: интенсификация развития общественных отношений обусловливает появление новых юридических инструментов, в качестве которых следует рассматривать правовой прецедент и юридическую доктрину; сложилась потребность в изменении системы источников российского права, а также качественное и количественное расширение системы права. Purpose: characterization of the system of the legal-forming activity of the state, determination of the elemental composition of the legal-forming activity of the state. Methods: activity-based and systematic approaches in order to carry out the functional characteristics of the law-forming activity of the state and highlight its system. Results: the system of the law-forming activity of the state was determined, the main tendencies of the modern law-forming process were revealed, the need to change the tools of the law-forming process was shown. Conclusions: the intensification of the development of social relations leads to the emergence of new legal instruments, which should be considered a legal precedent and legal doctrine; there was a need to change the system of sources of Russian law, as well as a qualitative and quantitative expansion of the system of law.

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