The Land and Petroleum Laws of Mexico

1928 ◽  
Vol 22 (1) ◽  
pp. 50-69
Author(s):  
John P. Bullington
Keyword(s):  
Legal System ◽  
The State ◽  
Roman Law ◽  
Considerable Evidence ◽  
The Earth ◽  
Legal Nature ◽  
The Subject

The legal nature of property in mines has been the subject of much discussion, and varies, not only with the different systems of law, but also in different countries accepting the same legal system. In Roman law, the owner of the soil was theoretically considered to own all beneath the surface to the center of the earth, and all above it to the heavens, though there is considerable evidence that at one period of the Roman law the property in mines was separate from that of the surface. It is fairly certain, too, that the State was deemed to have an interest in mines and entitled to a portion of the profits.

scholarly journals Obce przepisy wymuszające swoje zastosowanie. Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 18 października 2016 r. w sprawie C-135/15 Republika Grecji przeciwko Grigoriosowi Nikiforidisowi

2019 ◽  
Vol 25 ◽  
pp. 91-106
Author(s):  
Arkadiusz Wowerka
Keyword(s):  
Legal System ◽  
The State ◽  
Legal Rules ◽  
Article 9 ◽  
The Subject ◽  
Academic Discussion ◽  
Substantive Law ◽  
Rome I

This commentary examines the judgement of the CJEU of 18 October 2016 in case C-135/15 Republik Griechenland v. Grigorios Nikiforidis. The judgement in question concerns the issue of treatment of foreign overriding mandatory provisions under the Article 9(3) of Regulation No 593/2008. This topic is the subject to a great deal of controversy and academic discussion. The ECJ concluded that the mentioned provision must be interpreted as precluding overriding mandatory provisions other than those of the State of the forum or of the State where the obligations arising out of the contract have to be or have been performed from being applied, as legal rules, by the court of the forum, but as not precluding it from taking such other overriding mandatory provisions into account as matters of fact in so far as this is provided for by the national law that is applicable to the contract pursuant to the Regulation. This interpretation is not affected by the principle of sincere cooperation laid down in Article 4(3) TEU. In this respect the judgement of CJEU brings significant clarification on the question, whether a court of the forum can have regard to foreign overriding mandatory provisions, which do not belong to the legal system of the country of performance of the contract on the level of the applicable substantive law. However, there are still questions arising under Article 9(3) of Rome I Regulation, which need to be clarified.

The State

2011 ◽  
Author(s):  
Christopher W. Morris
Keyword(s):  
Georg Wilhelm Friedrich Hegel ◽  
John Rawls ◽  
Western Europe ◽  
Basic Structure ◽  
The State ◽  
Roman Law ◽  
History Of ◽  
Republican Government ◽  
The Subject ◽  
Early Modern Times

It is often said that the subject matter of political philosophy is the nature and justification of the state. Georg Wilhelm Friedrich Hegel thinks that political science is “nothing other than an attempt to comprehend and portray the state as an inherently rational entity.” John Rawls famously understands “the primary subject of justice [to be] the basic structure of society,” restricting his attentions to a society “conceived for the time being as a closed system isolated from other societies,” and assuming that “the boundaries of these schemes are given by the notion of a self-contained national community.” Contemporary political philosophers often follow suit, disagreeing about what states should do, and simply assuming that they are the proper agents of justice or reform. The history of philosophy and the development of political concepts seem to be central to understanding the state. The influence of Roman law and republican government, and the rediscovery of Aristotle in the twelfth and thirteenth centuries, are obvious important influences. The modern state emerged first in Western Europe in early modern times.

scholarly journals The Reconstruction of Energy Management Law Based on Indonesia Legal System

FIAT JUSTISIA ◽  
2018 ◽  
Vol 12 (1) ◽  
pp. 32
Author(s):  
Sulaiman Sulaiman ◽  
Ade Arif Firmansyah
Keyword(s):  
Water Resources ◽  
Natural Resources ◽  
Energy Management ◽  
Legal System ◽  
Energy Sector ◽  
The State ◽  
Philosophical Orientation ◽  
The People ◽  
Legal Nature

Two things become an important part of studies in Indonesian law related to energy management. The first, related to the management of natural resources. Second, the energy sector is also related to other sectors, that is forestry, water resources, marine and fisheries, agriculture and plantations, as well as land. Ideally, all of the energy management law must reflect the state ideology, as natural resources energy must be managed for the greater prosperity of the people. Energy should not be administered arbitrarily because, in addition to the utilization, the existence of natural resources should not be separated from the philosophical orientation of Indonesian legislation, Pancasila, and The 1945 Constitution. However, the reality of energy legislation indicates of the authority competes between sectors and alignments to society which is not optimal. It is due to the legal nature of the energy sector which is liberal and still-exploitation oriented and pro-capitalist. By using a socio-legal approach, this paper describes the reconstruction of law-oriented to the Indonesian legal system in energy management based on Pancasila and the 1945 Constitution as the foundation and soul of the energy sector law. Keywords: Reconstruction of Law, Energy Management, the Indonesian Legal System.

scholarly journals Własność znalezisk – wybrane zagadnienia związane z cywilnoprawną sytuacją poszukiwacza zabytków

2021 ◽  
Vol 7 (1) ◽  
pp. 83-100
Author(s):  
Katarzyna Zalasińska
Keyword(s):  
Civil Law ◽  
Art Market ◽  
Legal Protection ◽  
The State ◽  
Direct Impact ◽  
Cultural Goods ◽  
Legal Situation ◽  
Legal Nature ◽  
The Subject ◽  
Archaeological Monument

Ownership of finds – selected issues related to the civil law situation of a monument finder The subject of this paper is the analysis of the civil law situation applying to those who acquire a find in Poland (i.e. finders). Legislators have differentiated the civil and legal situation of a finder depending on whether the find is, in particular, a historical monument or an archaeological monument. The regulations governing the ownership of finds have a direct impact on the level of their legal protection. This applies especially to archaeological monuments owned by the State Treasury. The elimination of risks associated with the illegal export and transfer of ownership of archaeological artefacts acquired as a result of an illegal search should result not only from regulations of an administrative and legal nature, which are discussed in the article, but also to ensure the security of the trade in cultural goods by regulating the functioning of the art market in Poland.

scholarly journals The Jewish Verfassung, the Israeli nomos: the constitutional situation of the beginnings of the State of Israel in the context of Carl Schmitt's political and legal philosophy

2021 ◽  
pp. 1-21
Author(s):  
Wojciech Engelking
Keyword(s):  
Legal System ◽  
The State ◽  
Legal Philosophy ◽  
Constitutional Theory ◽  
National Community ◽  
The Earth ◽  
Arab Origin ◽  
The Impact ◽  
State Of Israel ◽  
Basic Matter

Abstract The paper is an attempt to examine how Carl Schmitt's constitutional theory can be useful to analyse the Constitution of the State of Israel designed in the late 1940s – the impact of which Jacob Taubes once certified. The author analyses three projects created then by Leo Kohn through the prism of Schmitt's concept of Verfassung and Verfassungsgesetz. He also reads in the context of Schmitt's philosophy (from Constitutional Theory and The Nomos of the Earth) the constitutional situation of Israel as a country where, first, the Constitution has not been passed and the basic matter of its legal system is regulated by the Basic Laws; second, citizens of Arab origin are excluded from the national community; and third, the borders of the state remain fluid and change due to the constant partition of the land.

The Three Families of Thomas Hobbes

1981 ◽  
Vol 43 (2) ◽  
pp. 242-258 ◽  
Author(s):  
Philip Abbott
Keyword(s):  
Thomas Hobbes ◽  
The State ◽  
State Of Nature ◽  
The Earth ◽  
The Subject

The extreme rational individualism of Thomas Hobbes has been the subject of rebuttal since the publication of Leviathan in 1651. A good portion of the critiques of Hobbes have centered around his famous description of the state of nature as a condition of individualized warfare. Hobbes's contemporaries based their opposition to his individualism on the historical inadequacy of the state of nature. Filmer, for instance, complained about Hobbes's assumptions that men sprang from the earth as “mushrooms … without any obligation to another.”

Limitations on an Owner's Right to Damage his Own Property

1970 ◽  
Vol 5 (1) ◽  
pp. 92-115 ◽  
Author(s):  
Dan Bein
Keyword(s):  
Economic System ◽  
Criminal Law ◽  
Legal System ◽  
The State ◽  
Roman Law ◽  
Western World ◽  
Social Interests ◽  
Special Part

In this article we are concerned with the problem of the attitude of the criminal law towards the destruction of one's own property. In the elucidation of this problem it will be necessary not only to analyse various provisions of the special part of the criminal law, but also certain extra-penal laws, and to consider them against the wider background of the different social interests they are designed to protect.The accepted view of our legal system is that among the liberties a person enjoys is the liberty to destroy or damage his own property.This view is an outcome of both the influence of Roman Law, and of our social and economic system. This liberty is nowadays subject to limitations ensuing from the needs of society, the state or even of individuals, in the same way as use of property is not unrestricted, but has sometimes to submit to the rights of others (sic utere tuo ut alienum non laedas), The extent and form of these limitations depend mainly on the structure of a given society and its ideologies, but the differences between most societies, at least in the western world, are diminishing gradually.

The Zadar Fragment of the Collatio Legum Mosaicarum et Romanarum (or Lex Dei)

2020 ◽  
Vol 137 (1) ◽  
pp. 319-330
Author(s):  
Robert M. Frakes
Keyword(s):  
Middle Ages ◽  
Old Testament ◽  
The State ◽  
Roman Law ◽  
Late Antique ◽  
Manuscript Tradition ◽  
The Subject ◽  
State Archives ◽  
Insight Into ◽  
Shed Light

AbstractA fragment from the anonymous text known as the Collatio Legum Mosaicarum et Romanarum (The Collation of the Laws of Moses and of the Romans) or the Lex Dei (the Law of God) has recently been identified in the State Archives in Zadar, Croatia. The Collatio is a late antique collection of Old Testament strictures and passages from Roman jurists and Roman law which continues to be the subject of scholarly debate. Close examination of this new fragment in the context of the manuscript tradition of the work can give insight into the nature of the lost codex from which it came as well as shed light on the transmission of the Collatio in the Middle Ages.

scholarly journals The legal nature of fiduciary duty in civil law of Ukraine

2021 ◽  
Author(s):  
H. O. Urazova
Keyword(s):  
Civil Law ◽  
Legal Protection ◽  
Fiduciary Duty ◽  
Roman Law ◽  
Joint Activities ◽  
Legal Nature ◽  
The Subject ◽  
Main Thing ◽  
The Right ◽  
Proper Behavior

The variety of fiduciary legal relations in the civil law of Ukraine requires the study of their individual elements, in particular, the fiduciary duty. Therefore the purpose of this article is to clarify the legal nature of the fiduciary duty, in order to avoid legal uncertainty, which leads to difficulties in law enforcement and, as a result, ineffective legal protection of violated rights of a person due to non-fulfillment or improper fulfillment of such an obligation in relation to her.Analyzed such concepts as "fides", "fiducia", duty in civil law. It has been established that the first, respectively, in Roman law had several meanings, but the main thing is the trust of the participants in civil relations to each other. The second have to understood as the proper behavior of the subject of civil relations, the content and model of which are determined by the requirements of the rule of law, the will or persons authorized by the transaction or other legal facts.It was found that the fiduciary duty is the proper behavior of the subject of a trust relationship, due to the conclusion of certain agreements (for example, commissions, property management, joint activities, the provision of lawyer services, etc.), or the occurrence of legal facts (election of a body or person of a legal entity, who (who) has the right to act on her behalf, the establishment of guardianship or trusteeship, the death of an individual, etc.).

scholarly journals ATAQUE DE CACHORRO: ESTADO DE NECESSIDADE OU LEGITIMA DEFESA?

2018 ◽  
Vol 2 (Especial 2) ◽  
pp. 168-174
Author(s):  
Débora Aparecida Mafra Moras ◽  
Danielle Yurie Moura da Silva
Keyword(s):  
Legal System ◽  
Human Action ◽  
The State ◽  
Penal Code ◽  
Scientific Article ◽  
Concrete Case ◽  
Self Defense ◽  
The Subject ◽  
The Right ◽  
Apparent Conflict

t treats the present scientific article of a study about the institutes of state of necessity and selfdefense, foreseen in the Brazilian legal system, in the Brazilian Penal Code, as an exclusionary cause of illegality. And, in this sense, the State that is not able to be present at all times guarantees the victim the right to evade or even defend himself from aggression. However, some situations may characterize an apparent conflict of norms, making it difficult to frame the correct institute in fact. One such case is the dog attack, making the subject a state of necessity and legitimate self- defense essential. The method applied was the legal deductive, based on the interpretation of the legislation, jurisprudence and doctrines. It is conclude that the attack of an irrational animal can be characterized as a state of necessity or self- defense, which will depend on the recognition of human action or not, an analysis that should be carried out in the concrete case

Sign in / Sign up

Export Citation Format

Share Document