scholarly journals Despre evoluția fundației testamentare în Dreptul civil român

2021 ◽  
Vol 65 (4) ◽  
pp. 122-137
Author(s):  
Mircea-Dan Bob ◽  
Keyword(s):  
Legal Framework ◽  
Civil Code ◽  
Current Situation ◽  
Legal Basis ◽  
Constant Practice

Leaving wealth for pious and charitable purposes has been a constant practice of the old Romanian law. However, did it also had a legal basis to support or encourage it? How can it be explained that only in 1924 an express regulation of foundations was created, six decades apart from the entry into force of Cuza's Civil Code? What is the current situation? All these questions are meant to identify answers that clarify a primary issue: is there any continuity solution in ensuring an adequate legal framework for encouraging and validating testamentary foundations in Romanian law.

Legal Framework for the E-Taxation in Turkey

2013 ◽  
pp. 165-180 ◽  
Author(s):  
Günes Çetin Gerger
Keyword(s):  
Information Technologies ◽  
Legal Framework ◽  
Current Situation ◽  
Legal Regulations ◽  
Legal Basis ◽  
Payment Systems ◽  
Turkish Republic ◽  
Automation Systems ◽  
Electronic Recording ◽  
Taxation System

This study analyzes the legal framework of e-taxation in the Turkish Republic. Tax service is commonly provided by using ICT in many countries. In e-government applications in Turkey, provision of e-tax service is one of the leading projects. Among the members of OECD, electronic tax return, payment systems and tax automation systems generated in this area have gained an increasing importance. Taxpayers fill the declarations electronically and also pay tax debts without going to the tax offices. E-taxation system is becoming widespread in Turkey. Implementation of the system in Turkey started in 1998 with VEDOP I and continued with 2004 VEDOP II and 2007 VEDOP III Projects. These applications are legislated by the Tax Procedure Law in Turkey. Thus, legal regulations on electronic recording are established on a legal basis. In this study, e-government tax applications in the Turkish Tax Law (e-tax return, e-books, e-signature, e-audit) and legal base of this application is examined. Information is given on how it is implemented by means of information technologies in Turkey. The main purpose of the study is to examine what legal regulations were enacted for registering and taxation in the use of information technologies and to determine the current situation in Turkey.

Development of the Legal Framework for Regulating Relations for the Training and Retraining of Judges in the Soviet Period (1946–1991)

2020 ◽  
Vol 8 ◽  
pp. 39-47
Author(s):  
S. I. Pukhnarevich ◽  
Keyword(s):  
Professional Development ◽  
Soviet Union ◽  
Legal Framework ◽  
Judicial System ◽  
Soviet Period ◽  
Legal Basis ◽  
The Soviet Union

The article shows the formation of the legal basis for the formation, development and functioning of the system of training and retraining of judicial personnel in the country in the period from 1946 until the end of the USSR. The article also explores the forms and approaches to the organization of improving the quality of the staff of the judicial system. It was concluded that the Soviet Union has formed an ideologically oriented, strictly centralized Federal-Republican system of professional development of court employees.

scholarly journals STUDI KOMPARASI OPERASIONAL PRODUK PEGADAIAN SYARIAH DAN GADAI KONVENSIONAL

2018 ◽  
Vol 2 (1) ◽  
pp. 69-79
Author(s):  
Muh. Ishak Agus ◽  
Syahruddin Yasen ◽  
Syahruddin Yasen
Keyword(s):  
Civil Code ◽  
Point Of View ◽  
Legal Basis ◽  
The Right

AbstrakMenurut kitab Undang-undang Hukum Perdata Pasal 1150, gadai adalah hak yang diperoleh seseorang yang mempunyai piutang atas suatu barang bergerak. Barang bergerak tersebut diserahkan kepada orang yang berpiutang oleh seorang yang mempunyai utang atau oleh seorang lain atas nama orang yang mempunyai utang. Dan masyarakat masih menganggap perusahaan syariah dan konvensional sama. Padahal jika dilihat dari segi operasional dan landasan hukumnya jelas berbeda yang dimana pegadaian syariah berpedoman pada Al-Qur’an surah Al-Baqarah ayat 278 tentang larangan riba. Hal ini menunjukkan bahwa produk Ar-Rahn menjadi pilihan terbaik untuk nasabah dalam mengambil keputusan memilih produk gadai syariah atau ar-Rahn. Kata kunci : Nasabah, Produk Pegadaian syariah, Gadai Konvensional  AbstractAccording to the Book of the Civil Code Article 1150, pledge is the right earned by a person who has receivables on a moving good. The moving goods are handed over to the person who is indebted by a person who has a debt or by another person on behalf of the person having the debt. And society still considers sharia and conventional companies alike. Whereas when viewed from the operational point of view and the legal basis is clearly different where the shariah pawn is guided by Al-Qur'an surah Al-Baqarah verse 278 about the prohibition of usury. This shows that the product of Ar-Rahn becomes the best choice for the customer in making decision to choose the product of pawn of shariah or ar-Rahn.Keywords: Customer, Sharia Pawn Products, Conventional Pawn

scholarly journals Restrictions of the right of free movement on the territory of the country during the state of emergency, caused by the Sars-Cov-2 pandemic

2021 ◽  
Vol 16 (2) ◽  
pp. 12-62
Author(s):  
Raina Nikolova
Keyword(s):  
Crisis Management ◽  
Emergency Situation ◽  
Legal Framework ◽  
Central Executive ◽  
The State ◽  
Free Movement ◽  
Legal Basis ◽  
State Of Emergency ◽  
The Right

The article analyzes the Bulgarian administrative legal framework on emergencies (state of emergency, crisis management and overcoming, emergency situation and emergency epidemic situation). It indicates the temporary restrictions of the right of free movement of the citizens provided in the legislation. The article discusses the competence of the central executive authorities, interdepartmental bodies and territorial authorities (regional governors and mayors) to deal with a pandemic. The article discusses also the legal basis and justifications for the introduction of the curfew by some of the regional governors and mayors during the state of emergency, caused by SARS-CoV-2 (COVID-19).

scholarly journals A személyiségi jogok szabályozása a hatályos román Polgári törvénykönyvben

2021 ◽  
Vol 4 (2) ◽  
pp. 65-81
Author(s):  
Zsolt Kokoly
Keyword(s):  
Civil Law ◽  
Legal Framework ◽  
Civil Code ◽  
Fundamental Rights ◽  
Personality Rights

The new Romanian Civil Code (adopted in 2009, in effect since 2011) comprises a section dedicated to personality rights, as a novelty element compared to the previous Code. Their incorporation into the form of juridical norm follows both naturally from the historic evolution of some fundamental rights, both from the intention of the Romanian lawmaker to offer a comprehensive legal framework in the field of civil law.

LEGAL BASIS FOR INFORMING PATIENTS ABOUT THE RULES FOR THE USE OF MEDICINES

2021 ◽  
pp. 107-113
Author(s):  
Okonenko T.I. ◽  
Egorova E.S. ◽  
Khrutsky A.K. ◽  
Antropova G.A.
Keyword(s):  
Legal Framework ◽  
Counseling Services ◽  
Legal Basis ◽  
Face To Face ◽  
Medical Specialists ◽  
Leading Role ◽  
Drug Storage ◽  
Regulatory Instruments ◽  
Prescribed Medicines ◽  
Storage Place

Pharmaceutical specialists play the leading role providing informations and recommendations how to use drugs. In national regulatory instruments have requirements to implement pharmaceutical information and counseling. Besides pharmacists, patients can get advice of medical specialists who prescrib drug therapy. So, a patient is informed on the rational using medicine by 2 specialists. In such a situation, is important to division the areas of responsibility in the explaining the rules of use of drugs. The Purpose of the Study. Analysis of the legal framework in the field of consulting the patient during medicines sales. A readiness pharmaceutical specialist to provide informations prescribed medicines in accordance with the law has been assessed. Material and methods. An assessment of the regulatory framework for pharmaceutical information and counseling services was given. Questionnaire face-to-face survey of 154 pharmaceutical workers of the Novgorod region was carried out and the readiness was analyzed their readiness to provide information and counseling services in case of saling a prescribed drug according to the legislation. Results. Almost 30,0 % of pharmacy workers indicated that it is not always necessary to explain a doses of medicine, as this information is communicated to a patient by a doctor. 13.63% of respondents, releasing a drug prescribed by a doctor, always report information on the conditions of its storage place, the rest is given only in case if a buyer requires or if it is necessary to observe a special temperature for drug storage. At the same time, 22,73% of pharmaceutical chemists always inform patients about possible drug interactions. Conclusion. During the study, problems were identified in the implementation of the labor function to provide information services by pharmacy workers.

COMPARATIVE ANALYSIS OF INTESTATE SUCCESSION IN THE LEGISLATION OF THE MEMBER STATES OF THE EUROPEAN UNION

2021 ◽  
Vol 65 (04) ◽  
pp. 164-169
Author(s):  
Elkhan Ajdar Askarov ◽  
Keyword(s):  
European Union ◽  
Comparative Analysis ◽  
Key Words ◽  
Civil Code ◽  
The European Union ◽  
Legal Basis ◽  
Member States ◽  
Important Place ◽  
Judicial Practice

Intestate succession occupies an important place in the field of Succession law in the civil legislation of the European Union. Intestate succession (devolution of decedent’s property to persons indicated in law) is effective in case of an intestacy or if testament is declared invalid entirely or partly. The article reflects the concept, sequence, legal basis and place in judicial practice of intestate succession. Key words: intestate succession, succession law, civil code, legislation, comparative analysis

Ecological Tourism In Uzbekistan

2021 ◽  
Vol 03 (02) ◽  
pp. 93-100
Author(s):  
Sherakhon Jurakhonovich Khashimov ◽  
Keyword(s):  
Legal Framework ◽  
Development Strategies ◽  
Legal Basis ◽  
Development Trends ◽  
Factors Affecting ◽  
Management And Development ◽  
Tourism Resources ◽  
The Rich ◽  
Ecological Tourism

The article analyzes the theoretical and practical issues of ecological tourism in Uzbekistan, its development strategies and problems, legal basis, development trends and factors affecting it. Issues of management and development of the potential of ecological tourism resources in Uzbekistan, formation of the infrastructure of ecological tourism, strengthening its legal framework were analyzed. Information was also given about the rich ecotouristic facilities of Uzbekistan and the work carried out in the field of their improvement.

National Report for Spain

2012 ◽  
Keyword(s):  
19Th Century ◽  
21St Century ◽  
Legal System ◽  
Satisfactory Result ◽  
Legal Framework ◽  
Civil Code ◽  
Procedural Law ◽  
National Report ◽  
The 19Th Century ◽  
The Eu

The current insolvency legislation is the result of a long and cumbersome evolution. It was approved on 7 July 2003 (Ley 22/2003, the Insolvency Act 2003 (‘IA’)) and came into force on 1 September 2004, putting an end to one of the most embarrassing situations that the Spanish legal system has ever had to endure: coming into the 21st century with an insolvency legislation dating back to the beginning of the 19th century. The previous insolvency system was composed of as many as five different legal instruments: the Commercial Codes (Codigo de Comercio) of 1885 and 1829 (only partially in force) and the Law on Suspension of Payments of 1922 (Ley de Suspension de Pagos), which regulated some procedural aspects and all material aspects of commercial insolvency; the Civil Code of 1889, which regulated the insolvency of the general—non-commercial—debtor; and the Civil Procedural Law, dating from 1881 (Ley de Enjuiciamiento civil ). It can then be said that the insolvency of a large business in a developed European economy (the fifth largest in the EU) had to be solved with laws that dated from two centuries before. The reform has been a relief and it has greatly modernised Spain’s economic legal legal framework. However, this process was neither easy nor did it produce a fully satisfactory result.

The Cyberspace and the Common Heritage of Mankind

2021 ◽  
pp. 191-210
Author(s):  
Antonio Segura Serrano
Keyword(s):  
Legal Framework ◽  
The Internet ◽  
Internet Governance ◽  
Legal Basis ◽  
Common Heritage ◽  
Common Heritage Of Mankind ◽  
Legal Implications ◽  
The Common ◽  
Legal Frameworks ◽  
Multi Stakeholder

This chapter analyses whether and on which legal basis the Internet can be considered as part of the common heritage of mankind and, from this perspective, what legal implications would ensue therefrom in relation to the governance of the Internet. Even if cyberspace is not a perfect commons, Internet governance through the contours of the common heritage of mankind concept is an innovative proposal that may be successfully added to the discussion, since the features of this notion seem to create a better legal framework for Internet governance than the present multi-stakeholder approach. This proposal provides one of the best legal frameworks available in international law to achieve the common management of global critical resources for the benefit of all.

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