scholarly journals Civil Means and Methods of Environmental Harm Prevention (the Case Study of Regional Trial)

2019 ◽  
pp. 18-30
Author(s):  
Tatiana Letuta
Keyword(s):  
Environmental Protection ◽  
Civil Law ◽  
Civil Code ◽  
Environmental Harm ◽  
Civil Protection ◽  
Wide Range ◽  
The Subject ◽  
The Law ◽  
Harm Prevention

The object of the research is civil relations arising in the process of environmental harm prevention. The subject of the research is the standards of civil law and regional trials as well as researches. The author of the article pays special attention to answering the question whether Article 1065 of the Civil Code of the Russian Federation establishes environmental protection means as fully as possible, what means of civil protection can be used by complainants and whether the structure of Article 1065 of the Civil Code is efficient enough. Based on the research objectives, the author of the article has used such research methods as systems analysis allowing to cover a wide range of materials and to discover gaps and inconsistencies of references rules in The Law On Environmental Protectino and Civil Code as well as analysis and generalisation to work with trial materials and to make conclusions. The main conclusinos of the research are the following provisions. There is no direct mechanism for the implementation of provisions of The Law on Environmental Protection through Civil Code rules. Thus, the author offers better ways of implying civil means including protection of estates and property rights. Letuta offers her own variant of civil protection means that can be used to prevent environmental harm in certain cases. The author also gives her own variants of amendments and changes in the civil law that would ensure better implementation of the provisions of Articles 34, 56 and 80 of The Law on Environmental Protection. 

scholarly journals Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 441
Author(s):  
Indah Esti Cahyani ◽  
Aryani Witasari
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Freedom Of Contract ◽  
Related Statement ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.

scholarly journals EFFECTS OF THE LEGAL MAXIM: “NO HARMING AND NO COUNTER-HARMING” ON THE ENFORCEMENT OF ENVIRONMENTAL PROTECTION

2012 ◽  
Vol 19 (2) ◽  
Author(s):  
Muhammad Shettima
Keyword(s):  
Environmental Protection ◽  
Islamic Law ◽  
Legal Protection ◽  
Environmental Issues ◽  
Environmental Harm ◽  
Legal Cases ◽  
The Subject ◽  
The Law

Legal maxims are legal instruments that give a bird’s eye view of the content of the law. Reflective of a consolidated reading of fiqh by great jurists over many centuries, legal maxims are a handy tool for researchers, lawyers, judges and legislators who need it to expand the grasp and understanding of the content and objective of the law. They also reflect settled principles of law to which jurists appeal when confronting new legal cases. This paper explores the Prophetic hadith turned-maxim, to reveal the dynamism of Islamic law towards prevention of environmental excesses and enforcement of legal protection by individuals or organisations. The maxim “No Harming and No Counter-harming” and its auxiliary maxims are appropriate legal instruments for legislations related to environmental protections. The subject has been discussed based on the provisions of Qur’an, Prophetic traditions and their interpretation by scholars as relating to the general provisions of the Maxim. Limiting itself to one universal maxim, the study aims to extend the regulations expounded in the above sources to contemporary environmental issues detailing legal injunctions against environmental harm and the removal of the existing ones.

scholarly journals Granice cywilnoprawnego obowiązku zapobiegania szkodom grożącym wskutek ruchu zakładu górniczego — studium przypadku

2021 ◽  
pp. 1-17
Author(s):  
Ryszard Mikosz
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Critical Assessment ◽  
Plant Operations ◽  
Mining Law ◽  
The Subject ◽  
The Law ◽  
Theoretical Considerations ◽  
Mining Plant

The subject of the considerations contained in the article is the analysis of selected issues related to the legal regulation regarding the civil law obligation to prevent damage that may result from mining plant operations. It is about the regulations contained in the Act of June 9, 2011, Geological and Mining Law, and to a certain extent also in the Act of April 23, 1964, the Civil Code. This analysis includes not only theoretical considerations, but also refers to the practice of applying the law. It contains a discussion and a critical assessment of the Supreme Court’s judgment of February 20, 2018.

Quantitative Content Analysis of the United Nations Seabed Debate: Methodology and a Continental Shelf Case Study

1970 ◽  
Vol 24 (3) ◽  
pp. 479-502 ◽  
Author(s):  
R. L. Friedheim ◽  
J. B. Kadane
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Ad Hoc ◽  
Mineral Resources ◽  
Outer Edge ◽  
General Assembly ◽  
Wide Range ◽  
The Subject ◽  
The United Nations

International arrangements for the uses of the ocean have been the subject of long debate within the United Nations since a speech made by Ambassador Arvid Pardo of Malta before the General Assembly in 1967. Issues in question include the method of delimiting the outer edge of the legal continental shelf; the spectrum of ocean arms control possibilities; proposals to create a declaration of principles governing the exploration for, and the exploitation of, seabed mineral resources with the promise that exploitation take place only if it “benefits mankind as a whole,” especially the developing states; and consideration of schemes to create international machinery to regulate, license, or own the resources of the seabed and subsoil. The discussions and debates began in the First (Political and Security) Committee of the 22nd General Assembly and proceeded through an ad hoc committee to the 23rd and 24th assembly plenary sessions. The creation of a permanent committee on the seabed as a part of the General Assembly's machinery attests to the importance members of the United Nations attribute to ocean problems. Having established the committee, they will be faced soon with the necessity of reaching decisions. The 24th General Assembly, for example, passed a resolution requesting the Secretary-General to ascertain members' attitudes on the convening of a new international conference to deal with a wide range of law of the sea problems.

scholarly journals MODERN LEGISLATION REGULATING STATUS OF LEGAL ENTITY

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 250-255
Author(s):  
K. S. Zhylkichieva ◽  
A. A. Kalybaeva ◽  
G. Zh. Koshokova
Keyword(s):  
Civil Law ◽  
Criminal Code ◽  
Civil Code ◽  
Kyrgyz Republic ◽  
Legal Entity ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Law ◽  
General Regulation ◽  
Legal Entities

The article analyzes using the normative and systematic methods, as well as analysis and synthesis, the content of the statements of Constitution of the Kyrgyz Republic, Civil Code of the Kyrgyz Republic, Criminal Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic «About Normative Legal Acts of the Kyrgyz Republic», the Law of the Kyrgyz Republic «On the Regulations of the Jogorku Kenesh of the Kyrgyz Republic» and the works of the legal scholars. It examined the provisions of laws adopted for general regulation and concludes they are serious problems, because of them there is a "blurring" of the contour of the legislation on legal entities in the article. The publication supports the opinion of the authors of the Concept for Development, according to which the regulation of the status of legal entities in the civil legal field can be characterized by a set of the laws and regula-tions in force in the Kyrgyz Republic, which do not always correspond to each other, as well as to the Civil Code. The low legal and technical level and ineffectiveness in practice are also shown by some adopted laws. It noted the Civil Code of the Kyrgyz Republic, adopted on May 8, 1996, created the new foundation for the regulation of legal entities, which was supplemented by many new laws over the next decades in the article. The authors come to the conclusion the fairly honest assessment can be applied to the established regulation – that with the main vector of development of the Concept of Civil Legislation in Kyrgyzstan, in general, there is an economic, social and well-grounded the logic and generally justifiable modern civil law in relation to legal entities. But at the same time, for many problems, correct solutions have not yet been found and no efficiency ratings have been given.

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 Understanding the Unlawful Acts (Problems and Challenges) A Book Review ‘Perbuatan Melanggar Hukum’, Prof. Dr. R. Wirjono Prodjodikoro, SH., CV Mandar Maju, Bandung, 108 Pages, ISBN 978-979-538-470-0

2020 ◽  
Vol 2 (2) ◽  
Author(s):  
Natanael Andra Jaya Nababan
Keyword(s):  
Primary Education ◽  
Civil Law ◽  
Civil Code ◽  
Commercial Law ◽  
East Indies ◽  
Dutch East Indies ◽  
The Law ◽  
Broad Meaning

Book witen by Prof Dr. R. Wirjono Prodjodikoro, Wirjono was bor in Surakarta, Dutch East Indies, on 15 June 1903. After completing his primary education, he attended the Rechtsschool I in Batavia, graduating in 1922. He then became a judge, later taking time to study at Leiden University in Leiden, Netherlands. This book talks about acts that can violate laws which are viewed from the point of civil law. I The term "unlawrful acts" in general is very broad meaning that is if the word "law" is used in the broadest sense and the matter of legal conduct viewed from all angles. Now the act of violating the law will be discussed smply because there are consequences and solutions that are regulated by the Civil Code in the broadest sense, which includes commercial law. This needs to be stated I here, because Article 102 of the Provisional Constitution distinguishes Civil Law from Commercial Law.

scholarly journals Tinjauan Yuridis Terhadap Tindak Pidana Pengancaman dalam Undang-Undang Informasi dan Transaksi Elektronik

2020 ◽  
Vol 4 (2) ◽  
pp. 51-58
Author(s):  
Sry Wahyuni ◽  
Elwidarifa Marwenny
Keyword(s):  
Law Enforcement ◽  
Social Values ◽  
District Court ◽  
Electronic Information ◽  
Positive Law ◽  
Electronic Transactions ◽  
Research Implication ◽  
The Subject ◽  
The Law

The subject matter of this research is the Juridical Review of the Crime of Threats in the Information and Electronic Transactions Law (Case Study of the Koto Baru District Court). This issue is divided into two sub-discussions, first, how is the application of material crimes against criminal acts of threats in the Law on Information and Electronic Transactions, second, how are judges' legal considerations in imposing crimes against threats of threats in the Law on Electronic Information and transactions. The method used in this research is to use a normative juridical problem approach. about the problem that is the object of the problem.The results showed that efforts to apply sanctions were made to overcome the perpetrators of extortion and threats, namely: firmly enforcing the existing positive laws. For subjective positive law enforcement, it may be necessary to have instruments or law enforcers who have the instinct of justice, namely "Judges" who decide all existing cases. The research implication is: it is hoped that the inculcation of social values ​​and norms in society in using social media and in UUITE is not trapped in behavior that plunges them into criminal acts / crimes, it is also hoped that the Panel of Judges in deciding cases must consider more The facts of the trial, the elements of the offense, and the consideration of the severity of the crime with reference to the defendant's situation and the victim's loss.

scholarly journals Civil right. Special part

2019 ◽  
Author(s):  
Ольга Шаповал ◽  
Olga Shapoval ◽  
Елизавета Романова ◽  
Elizaveta Romanova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Educational Institutions ◽  
Higher Educational Institutions ◽  
Basic Law ◽  
Special Part ◽  
Teachers And Students ◽  
The Law ◽  
Higher Educational

Civil law is one of the basic law disciplines. Traditionally this discipline is divided into General and Special parts. The book is a summary of the course of Special part of civil law, covers all topics of the discipline which is taught at the law faculties of higher educational institutions. The textbook's structure reflects the system of structure of chapters and sections of the civil code of Russian Federation. The textbook is intended for teachers and students of law faculties studying the discipline "Civil law".

scholarly journals Legislative regulation of powers of local government bodies in the field of environmental protection

2021 ◽  
pp. 96-100
Author(s):  
M.M. Slivka ◽  
N.V. Lesko
Keyword(s):  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Protection ◽  
Environmental Impact Assessment ◽  
Local Governments ◽  
Local Level ◽  
Primary Control ◽  
Wide Range ◽  
Legislative Regulation ◽  
The Law

The article is devoted to the study of legislative regulation of the powers of local governments in the field of environmental protection and the development of proposals for their improvement. It is noted that local governments occupy an separate and independent place in the mechanism of public administration, which indicates their special administrative and legal status. It is emphasized that local self-government bodies should be endowed with a sufficient amount of powers that would allow them to protect the interests of the administrative-territorial community in the field of environmental protection as effectively as possible. It is stated that the Constitution as the Basic Law of the state, taking into account the global importance of the issue of environmental protection should clearly and without any ambiguity in interpretation contain an article according to which local governments will be empowered to exercise primary control over environmental protection. natural environment at the local level and bringing perpetrators to justice. It is proposed to supplement Article 15 of the Law of Ukraine «On Environmental Protection», which defines the powers of local councils in the field of environmental protection, paragraph «й» of the following content: "decide to bring to administrative responsibility those guilty of violating legislation in the field of environmental protection environment of individuals and / or legal entities ". It is highlighted that based on the analysis of Part 4 of Art. 42 of the Law of Ukraine «On Local Self-Government in Ukraine», village, town, city mayor have a wide range of powers, but among these powers there are no ones that would give them the right to monitor compliance with environmental legislation in the region and bring perpetrators to justice. It is emphasized that local governments are given broad powers in terms of controling the activities of economic entities and they should be included as a subject of a lawsuit in accordance with Art. 16 of the Law of Ukraine "On Environmental Impact Assessment" in case of violations in the field of environmental impact assessment.

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