Legal and Jurisprudential analysis towards the Possibility of Expanding Scope of the Destruction Rule

2021 ◽  
Vol 12 (2) ◽  
pp. 262-276
Author(s):  
Mojtaba Lotfi Khachk ◽  
Abbas Moghaddari Amiri ◽  
Mehdi Fallah Khariqi
Keyword(s):  
Comparative Study ◽  
Islamic Law ◽  
Civil Code ◽  
The State ◽  
Gas Explosions ◽  
The Subject ◽  
Definition Of ◽  
Limited Scope

In the conventional definition of Destruction, it should be acknowledged that Destruction refers to the state in which the destruction of a place or specific place occurs due to an accident, destruction and demolition of houses, homes and vehicles (such as, cars, trains, planes, etc.) due to a disaster, such as earthquake, accident, gas explosions, bombings, missiles, etc., are examples of Destruction and are covered by Article 873 of the Civil Code. The legislator in Article 873 of the Civil Code believes that if the date of death of the persons who inherit from each other is unknown and the priority and posterority of each of them are not known, the said persons will not inherit from each other, unless the death is due to drowning or Destruction, in which case they inherit from each other. Destruction used to have a limited scope in itself, but with the advancement of science and modern means of life and livelihood, it has expanded beyond the scope and examples of Destruction and will include more cases. Therefore, considering the importance of the subject and the need for a comprehensive and transparent study of that research, by referring to general and special jurisprudential texts through a comparative study of Islamic law, this paper aims to analyze the famous view of the jurists regarding the rule of Destruction and its inclusion and examples.

„Zurück zu Schleiermacher! und von Schleiermacher aus vorwärts!“

2012 ◽  
Vol 19 (2) ◽  
Author(s):  
Brent A. R. Hege
Keyword(s):  
Twentieth Century ◽  
World War I ◽  
The State ◽  
World War ◽  
Psychological Method ◽  
Dialectical Theology ◽  
Complex Picture ◽  
History Of ◽  
The Subject ◽  
Definition Of

AbstractAs dialectical theology rose to prominence in the years following World War I, the new theologians sought to distance themselves from liberalism in a number of ways, an important one being a rejection of Schleiermacher’s methods and conclusions. In reading the history of Weimar-era theology as it has been written in the twentieth century one would be forgiven for assuming that Schleiermacher found no defenders during this time, as liberal theology quietly faded into the twilight. However, a closer examination of this period reveals a different story. The last generation of liberal theologians consistently appealed to Schleiermacher for support and inspiration, perhaps none more so than Georg Wobbermin, whom B. A. Gerrish has called a “captain of the liberal rearguard.” Wobbermin sought to construct a religio-psychological method on the basis of Schleiermacher’s definition of religion and on his “Copernican turn” toward the subject and resolutely defended such a method against the new dialectical theology long after liberal theology’s supposed demise. A consideration of Wobbermin’s appeals to Schleiermacher in his defense of the liberal program reveals a more complex picture of the state of theology in the Weimar period and of Schleiermacher’s legacy in German Protestant thought.

Intersectional relations between executive law and civil law of Ukraine

2021 ◽  
pp. 169-175
Author(s):  
N. Sergiienko
Keyword(s):  
Legal Status ◽  
Mutual Influence ◽  
Civil Law ◽  
Scientific Research ◽  
Civil Code ◽  
Scientific Article ◽  
Executive Process ◽  
The Subject ◽  
Definition Of

The scientific article is devoted to analyze the intersectional relations between executive law of Ukraine and civil law of Ukraine. The classification of forms of intersectional relations, offered by M.Yu Chelyshev, was taken as the ground of theoretical and methodological base of scientific research the intersectional relations between executive law of Ukraine and civil law of Ukraine. Even though this scientist-lawyer researched the intersectional relations of civil law, grounding on the subject of his scientific researches, his classification is stated as universal and grounded enough and can be used for different legal researches. In the scientific article the intersectional relations between executive law of and civil law of Ukraine are discovered though direction as follows: 1) intersectional interaction between executive law of Ukraine and civil law of Ukraine (it represents by using in executive law definitions and constructions of civil law. As an example of definitions and constructions of civil law, that are used in executive law, can be stated the definition of agreement); 2) intersectional influence between executive law and civil law (it represents by mutual influence of compositions of executive law and civil law, especially norms and institutions. The bright example of that mutual influence is the legal status of some kinds of property on the context of forfeiture the property – some kinds of property are out of forfeiture in the executive process, despite that property are out of turnover restrictions); 4) intersectional legal and collision regulation (it represents by direct and indirect mutual renvois between civil legislation and executive legislation. As an example can be used the direct renvoi to art. 28 of The Civil Code of Ukraine from subpar. 5 par. 2 sec. III of The Instruction of Compulsory Execution Organization, approved by The Ministry of Justice of Ukraine from 02.04.2012 under № 512/5).

Features of legal regulation of the state debt of the Russian Federation subject in the context of changes in budget legislation

2020 ◽  
pp. 98-104
Author(s):  
Iu. K. Tsaregradskaya
Keyword(s):  
Russian Federation ◽  
Public Debt ◽  
Legal Regulation ◽  
Maximum Amount ◽  
The State ◽  
Debt Management ◽  
The Subject ◽  
The Russian Federation ◽  
Public Debt Management ◽  
Definition Of

The main changes in the budget legislation related to digitalization and public debt managementof the Russian Federation, that are manifested in the functioning of the electronic budget of the state and the consolidation of the legal definition of "public debt management", are considered. The author concludes that currently the legislator pays special attention to the issues of setting the upper limit of public debt, the maximum amount of borrowing by the subjects of the Russian Federation, as well as determining the debt sustainability of regions. Foreign experience of regulating such issues is analyzed on the example of a number of countries-Germany, Spain and Italy. Subjects of the Russian Federation with different debt loads are considered, as well as trends related to its increase or change. Also the possibilities of assigning the region to one of the groups with a certain level of debt stability of the subject are analyzed.

Sociological analysis on the discourse of crisis in art

2016 ◽  
Author(s):  
İnan Keser ◽  
Nimet Keser
Keyword(s):  
20Th Century ◽  
The State ◽  
Sociological Analysis ◽  
Historical Continuity ◽  
Sociology Of Art ◽  
Long Time ◽  
The Subject ◽  
Definition Of ◽  
In The Beginning

For about a hundred and fifty years, it has been continuously expressed that art has been facing a deadly crisis and this crisis roots itself from the reality that there exists no concrete answer to the question of ‘what is art’. However related with the non-existence of consensus on what art is, it’s nothing more than a weak understanding to claim that it is impossible to talk about art. Thus, it can be acknowledged that the continuous repetition of the question of ‘what is art’ and non-existence of consensus on this subject is a clear proof of existence of a sharp struggle in art; and the state of non-consensus and historical continuity of the struggle can be acknowledged as the main source of dynamism of art. For this reason, in this study, it is acknowledged that non-existence of a concrete definition of art is a historical incident; and this controversial state about what art is and calling it the crisis of art itself was made the subject of a sociological analysis. In this analysis, it is concluded that; the actual crisis is not the crisis of art but that of aesthetics’; and that this crisis roots itself from the replacement of aesthetics regime (which dominated art for a very long time) with the non-aesthetic ‘artist regime’ in the beginning of 20th century and the nonfunctioning of aesthetics by this new regime. Keywords: art, sociology of art, aesthetics, art regime, artistic change.

Taking Constitutionalism beyond the State

2008 ◽  
Vol 56 (3) ◽  
pp. 519-543 ◽  
Author(s):  
Neil Walker
Keyword(s):  
Decision Making ◽  
State Level ◽  
The State ◽  
Regulatory Control ◽  
Future Career ◽  
Broad Agreement ◽  
Decision Making Capacity ◽  
The Subject ◽  
Key Features ◽  
Definition Of

In recent years, the idea that constitutional modes of government are exclusive to states has become the subject both of sustained challenge and of strong defence. This is due to the development at new regional and global sites of decision-making capacities of a scale and intensity often associated with the demand for constitutional governance at state level, to the supply at these same new sites of certain regulatory institutions and practices of a type capable of being viewed as meeting the demand for constitutional governance, as well as to a growing debate over whether and in what ways these developments in decision-making capacity and regulatory control should be coded and can be constructively engaged with in explicitly constitutional terms. The aim of the article is threefold. It asks why taking the idea and associated ethos and methods of constitutionalism ‘beyond the state’ might be viewed as a significant and controversial innovation, and so in need of explanation and justification – a question that requires us to engage with the definition of constitutionalism and with the contestation surrounding that definition. Secondly, taking account of the various arguments that lie behind these definitional concerns, it attempts to develop a scheme for understanding certain key features of constitutionalism and of its post-state development that is able to command broad agreement. Thirdly, and joining the concerns of the first two sections, it seeks to identify the key current tensions – or antinomies – surrounding the growth of post-state constitutionalism with a view to indicating what is at stake in the future career of that concept.

scholarly journals Doctrinal approaches to the definition of civil procedural law

2021 ◽  
pp. 82-90
Author(s):  
Olena Shtefan
Keyword(s):  
Public Relations ◽  
International Law ◽  
The State ◽  
Legal Norms ◽  
Civil Process ◽  
Procedural Law ◽  
Civil Proceedings ◽  
The Subject ◽  
The Russian Federation ◽  
Definition Of

Keywords: civil procedural law, civil process, civil proceedings, subject of civil procedurallaw The process of reforming procedural legislation, its harmonization, harmonization with theprinciples and standards of international law, as well as other processes taking place insociety and the state are the factors that affect the need to revise the doctrinal definitions of civil procedural law. One of the most developed issues in the theory of civil procedurallaw is its definition. In turn, the development of science is impossible without reviewingeven established doctrinal approaches and provisions.An analysis of the special literature, mostly educational, led to the conclusion thatscholars use approaches to the definition of the term "civil procedural law", which weredeveloped and included in the theory of civil procedural law in the 50s-60s of the twentiethcentury. Modern definitions of civil procedural law are based on the provisions of theold invalid legislation, or on the provisions of the legislation of other countries (for example,the Russian Federation). Therefore, the purpose of this study was to review the existingdefinitions in the theory of civil procedural law and their harmonization with theprovisions of current legislation of Ukraine.In the process of researching doctrinal approaches to the definition of civil procedurallaw, it was found that researchers invest in the definition of the subject, purpose of thisbranch of law, as well as additional characteristics of civil procedural law (participants,sectoral affiliation, stage, etc.).The lack of a single doctrinal approach to the definition of the subject of civil procedurallaw, which is part of the definition of civil procedural law, prompted to study thesubject of civil procedural law and propose its author's definition.Based on the provisions of current legislation, the article presents the author's definitionof civil procedural law as a branch of law, set and system of legal norms, the subjectof which are public relations arising in civil proceedings on the basis of fair, impartialand timely consideration and resolution of civil cases in order to effectively protect violated,unrecognized or disputed rights, freedoms or interests of individuals, rights and interestsof legal entities, the interests of the state.

scholarly journals HUKUM KELUARGA DI MESIR

2020 ◽  
Vol 1 (2) ◽  
pp. 93-108
Author(s):  
Nurinayah Nurinayah
Keyword(s):  
Middle East ◽  
Islamic Law ◽  
Family Law ◽  
The State ◽  
Law Reform ◽  
Muslim Countries ◽  
Personal Status ◽  
Muslim Majority ◽  
Limited Scope

The application of family law in Muslim-majority countries, especially the Middle East and its surroundings, has different practices, we do not find uniformity in family law practices in these countries. This is influenced by differences in government systems, cultures, situations and conditions of society of each country. Egypt is one of the predominantly Muslim countries which has established Islam as the state religion. Therefore, the principles of Islamic law are the main source of law in the making and formulation of laws, including family law. The practice of Islamic law in Egypt does not fully apply only to areas of family law in a limited scope including the distribution of inheritance and marriage. However, the application of family law in Egypt continues to undergo reforms and reforms. Family law reform took place in Egypt in 1920. This was marked by the promulgation of Law no. 25/1920 regarding family law and care (Law of Maintenance and Personal Status / Qanun al-Ahwal al-Syakhsiyyah wa al-Siyanah). Family law reform in the 1970s was marked by the issuance of laws regarding the authority to the judiciary to force parties (husbands) to pay maintenance fees to wives, widows, children, or parents in 1976. the current era of family law in Egypt continues to experience development. Abstrak Penerapan hukum keluarga di negara-negara yang berpenduduk mayoritas Muslim khususnya kawasan Timur Tengah dan sekitarnya memiliki praktik yang berbeda-beda, kita tidak menemukan keseragaman praktik hukum keluarga di negara-negara tersebut. Hal ini dipengaruhi oleh perbedaan sistem pemerintahan, kultur, situasi dan kondisi masyarakat setiap negara. Mesir merupakan salah satu negara yang berpenduduk mayoritas Muslim yang menetapkan Islam sebagai agama negara. Karena itu, prinsip-prinsip hukum Islam menjadi sumber hukum utama dalam pembuatan dan perumusan undang-undang termasuk hukum keluarga. Praktik hukum Islam di Mesir tidak berlaku secara utuh hanya bidang-bidang hukum keluarga dalam ruang lingkup yang terbatas meliputi pembagian warisan dan perkawinan.  Namun, penerapan hukum keluarga di Mesir terus mengalami reformasi dan pembaruan. Pembaruan hukum keluarga terjadi di Mesir pada tahun 1920. Ini ditandai dengan diundangkannya UU No. 25/1920 mengenai hukum keluarga dan penjagaan (Law of Maintenance and Personal Status/Qanun al-Ahwal al-Syakhsiyyah wa al-Siyanah). Reformasi hukum keluarga pada tahun 1970an ditandai dengan dikeluarkannya aturan undang-undang mengenai kewenangan kepada lembaga peradilan memaksa pihak-pihak (suami) untuk membayar uang pemeliharaan kepada isteri-isteri, janda-janda, anak-anak, ataupun orang tua pada tahun 1976. Hingga era sekarang hukum keluarga di Mesir terus mengalami perkembangan.            

scholarly journals A Comparative Study on the Principles of Online Buying and Selling from the Perspectives of Islamic Law and Indonesian Positive Law

2021 ◽  
Author(s):  
Dwiyana Achmad Hartanto
Keyword(s):  
Comparative Study ◽  
Consumer Protection ◽  
Qualitative Method ◽  
Islamic Law ◽  
Civil Code ◽  
Normative Approach ◽  
Positive Law ◽  
Online Trading ◽  
Analytical Research ◽  
Online Buying

The study aims to analyze the comparative perspectives between Islamic Law and Indonesian Positive Law in the practices of online buying and selling (trading). This study uses a juridical and normative approach with a specification of descriptive-analytical research. The data comes from primary law, secondary law, and tertiary law, and the researcher used a qualitative method to analyse the data. The shift and development of offline-based buying and selling (trading) practices to online practices today has required special regulation in the Indonesian Positive Law. The absence of specific rules regarding the practice of online buying and selling indicates that these activities should be subjected to the existing positive Indonesian laws. The principle of freedom of making contracts in the Civil Code (KUH Perdata) provides freedom to make any trade agreements. For the sake of legal certainty in the execution of online buying and selling, the parties must refer to the provisions of the Civil Code, the Information and Electronic Transaction Law (ITE Law), and the Consumer Protection Law (UUPK Law) that are relevant to the trading practice. In addition to these provisions, Islamic Law within the scope of mu’amalah also provides guidelines for the practice of direct buying and selling, but not online buying and selling; however, Islamic law also provides freedom in mu’amalah. The existence of these provisions makes it interesting to conduct a comparative study on the principles of online trading practices from the perspectives of Islamic law and Indonesian positive law. Islamic Law considers it legal to conduct online buying and selling if the terms and conditions of buying and selling are fulfilled, if it provides benefits and negates harm, and if it does not conflict with Al-Qur’an and Al-Hadith, and if it can be designated as al-‘adatu muhakkamah (a custom which is defined as law). According to the Indonesian positive law, in principle, online trading is legal as long as it fulfills the provisions of trading, that is the fulfillment of the terms, elements, principles, rights, and obligations of the parties regulated in the provisions of the Civil Code, Information and Electronic Transaction’s Law, and Consumer Protection Law, along with providing legal assurance and protection for the parties. Keywords: comparative study, online buying and selling, Islamic law, Indonesian positive law

scholarly journals Odpowiedzialność zakładu ubezpieczeń za szkody wyrządzone przez agenta ubezpieczeniowego

2017 ◽  
Vol 21 ◽  
pp. 13-30
Author(s):  
Amanda Adamska ◽  
Anna Maria Barańska
Keyword(s):  
Supreme Court ◽  
Civil Code ◽  
Insurance Company ◽  
The Supreme Court ◽  
Insurance Agent ◽  
Insurance Intermediation ◽  
The Subject ◽  
Injured Party ◽  
The Difference ◽  
Definition Of

The responsibility of an insurance company for damages caused by an insurance agent The subject of this article is the responsibility of an insurance company for damages caused by an insurance agent in connection with the performance of agency activities. The Act on Insurance Intermediation of 22 May 2003 lays down a liability regime based on the principle of risk. It also contains the definition of an insurance agent and performed agency activities. In the next part of the article there is analysed the jurisprudence of the Supreme Court concerning the interpretation of article 11 1 of the abovementioned Act. It discusses an attempt at defining the difference between activities performed “in connection with” and “at the occasion of” other activities. Finally there is analysed an issue of the contribution of the injured party to the occurrence of the damage in this type of cases article 362 of the Civil Code.

scholarly journals The Principle of Good Faith in the Palestinian Civil Code Draft and Its Role in Maintaining Economic Contractual Equilibrium at the Pre-Contracting Phase

2019 ◽  
Vol 12 (3) ◽  
pp. 113
Author(s):  
Osama Ismail Mohammad Amayreh ◽  
Izura Masdina Mohamed Zakri ◽  
Pardis Moslemzadeh Tehrani ◽  
Yousef Mohammad Shandi
Keyword(s):  
Civil Code ◽  
Good Faith ◽  
Tort Liability ◽  
Legal Basis ◽  
Bad Faith ◽  
Legal Provisions ◽  
The Subject ◽  
Contracting Phase ◽  
The Stability ◽  
Definition Of

The jurisprudential and judicial legal trend tends to apply the principle of good faith at the pre-contracting phase as one of the most substantial principles governing this phase, since it is inconceivable that the parties are to negotiate in bad faith, and then must implement the contract in good faith, in accordance with the traditional legal rule that “fraud spoils everything it touches”. However, the Palestinian legislature has ignored enacting legal provisions obliging the parties to abide by the principle of good faith in the pre-contracting phase causing a legislative deficiency in the legislative remedies of the subject of good faith in the pre-contracting phase. This paper seeks to prove that replacing a provision that requires good faith in negotiations with the provisions of tort liability causes many legal problems. To prove this, the legal provisions should be analysed which would also include determining the definition of the principle of good faith, and the function of that principle in achieving contractual equilibrium and the legal basis for this principle at the stage of negotiation which should also be analysed. Moreover, a comparative analytical approach with the French civil code is used to illustrate the Palestinian legislative deficiencies and the need to legislate a legal article which obligates the negotiating parties to behave in good faith, as this has become an unavoidable reality that should be dealt with to contribute to the stability of civil and commercial transactions. As such, the legal article should also specify the compensation to be claimed.

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