scholarly journals MATRIMONIAL PROPERTY REGIMES OF SALARIES, PENSIONS AND SCHOLARSHIPS IN THE PRIVATE INTERNATIONAL LAW

2020 ◽  
Vol 7 (43) ◽  
pp. 80
Author(s):  
Ye. Tkachenko
Keyword(s):  
International Law ◽  
Common Property ◽  
Point Of View ◽  
Private International Law ◽  
Property Relations ◽  
General Scientific ◽  
The Moment ◽  
Law And Legislation ◽  
Property Regimes

As a result of the study and analysis of scientific sources of the private international law and legislation regulating property relations between the spouses, the author implemented the goal of the article, i.e. theoretical comprehension and determination of the legal regime of salaries, pensions and scholarships of spouses in the private international law on the basis of available scientific material and relevant provisions of the regulatory legal acts of some states. While writing the article, the author used a universal dialectical method of cognition which allows taking into account the relationship between and interdependence of legal phenomena; general scientific (systemic, logical, historical, analytical) methods; as well as private scientific (comparative juridical and formal juridical) approaches. Accordingly, the author concluded that salaries, pensions and scholarships become the common property of spouses from the moment they are received by the eligible spouse. This point of view is considered to be the most spread in the private international law.Key words: matrimonial property regime, property relations, property rights, salary, pension, scholarship.

Current Issues of Deciding Cross-border Succession Matters in the Slovak Republic

2019 ◽  
pp. 179-195
Author(s):  
Elena Júdová
Keyword(s):  
Common Property ◽  
Slovak Republic ◽  
Private International Law ◽  
The European Union ◽  
Applicable Law ◽  
Cross Border ◽  
Procedural Law ◽  
The Common ◽  
Property Regimes

The European Regulation no 650/2012 unified the determination of jurisdiction and applicable law in succession matters in the Member States of the European Union. At the same time, it underlined other issues that complicate decision making on cross-border succession in the Slovak Republic. One of the most striking is the resolution of the issue of settling the common property of spouses, which under Slovak procedural law, is exercised by a notary in succession proceedings. The Slovak Republic does not participate at the enhanced cooperation on cross-border matrimonial property regimes, so joining jurisdiction in these cases with succession proceedings is very complicated. The present article deals with this and some other issues which the fragmentation of EU private international law brings.

scholarly journals Property relations between spouses in private international law

2019 ◽  
Vol 5 (3) ◽  
pp. 417-420
Author(s):  
L. Kudryavtseva ◽  
V. Shevchenko
Keyword(s):  
International Law ◽  
Legal System ◽  
Common Property ◽  
Private International Law ◽  
Anglo Saxon ◽  
Bilateral Agreements ◽  
Property Relations ◽  
Muslim Countries ◽  
Domestic Legislation ◽  
Separate Property

This article deals with the issues of regulation of property relations of spouses in private international law. The article deals with the conflict issues of marriage, as well as the contractual regime of property of spouses. The article reveals the content of the Minsk and Chisinau conventions on property relations between spouses. In particular, the conventions say that the property relations between spouses are determined by the legislation of the Contracting party in whose territory they live together. If the husband lives in one Contracting state and the wife in the other and both have the same nationality, the law of the country of which they are nationals governs their property relations. Attention is paid to bilateral agreements on legal assistance to States in the field of property relations between spouses. For example, such an agreement exists between Russia and Estonia, and it helps to resolve various property issues between spouses. The domestic legislation of different States regulates the issue of determining the regime of matrimonial property in different ways. For example, in the States of the Anglo-Saxon legal system and in most Muslim countries there is only a regime of separate property. On the contrary, in the States of the Romano–German legal system, preference is given to the regime of common property of spouses, and it is possible to establish a different regime of property relations by agreement of the spouses. According to this principle and developing family law in Russia.

scholarly journals Lex Succesionis – the Determination of Applicable Law of Inheritance in Private International Law

2021 ◽  
Vol 8 (1) ◽  
pp. 19-28
Author(s):  
Georgeta Cretu ◽  
Dumitrita Florea
Keyword(s):  
International Law ◽  
Civil Code ◽  
Point Of View ◽  
Private International Law ◽  
Limited Capacity ◽  
Applicable Law ◽  
Natural Person ◽  
The Status ◽  
The Guardian

The physical death of man leads, from a legal point of view, to the loss of the status of subject of law, but his patrimony, rights and obligations of patrimonial character, remain. Also, the deceased traditionally enjoys a certain respect, being protected, meaning that there was talk of a right of corpses to protect the privacy of their own image, a right to their integrity, a right to peace of last place and a right to respect for the memory of the deceased. The Civil Code in Articles 78 to 81 expressly provides for the regulation of rules likely to protect the non-patrimonial rights of the deceased person under the name of „Respect due to the person and after his death”. Thus, according to art. 80 paragraph (Lupaşcu, 2012, p. 112) of the Civil Code: „any person may determine his own funeral and may dispose of his body after death. In the case of those who do not have the capacity to exercise or those who have a limited capacity to exercise, the written consent of the parents or, as the case may be, of the guardian is also required”. Without the regulations regarding the respect of the natural person and after his death being irrelevant, the regulations regarding the fate of the deceased person's patrimony are much wider and more complex, making up the matter of successions. In art. 953 C. Civ, the inheritance is defined as the transmission of the patrimony of a deceased natural person to one or more persons in existence. The current Civil Code often uses the notion of inheritance, but the notion of succession has the same meaning, except that it is used less often.

scholarly journals CONTRACTUAL REGISTRATION OF ORGANIZATIONAL AND LEGAL RELATIONS BETWEEN SUBJECTS INVOLVED IN THE CONDUCT OF CLINICAL TRIALS OF MEDICINAL PRODUCTS

2020 ◽  
Vol 73 (12) ◽  
pp. 2840-2847
Author(s):  
Olena I. Antoniuk ◽  
Yuliia M. Pavliuchenko ◽  
Ivan I. Vyshnyvetskyy
Keyword(s):  
Clinical Trial ◽  
Clinical Trials ◽  
Law Enforcement ◽  
International Law ◽  
Medicinal Products ◽  
Legal Research ◽  
International Regulations ◽  
General Scientific ◽  
Law And Legislation

The aim: Determination of features of contractual registration of organizational and legal relations between the subjects involved in carrying out clinical trials of medicinal products; justification of proposals on improvement of law enforcement practice in this field. Materials and methods: This research is based on the analysis of the norms of international law and legislation of particular states, practice of contractual registration of organizational and legal relations between the subjects of clinical trials of medicinal products. The research was carried out using the methods of dialectical and formal logic, general scientific and special legal research methods. Conclusions: Two models of contractual registration of organizational and legal relations between the subjects involved in clinical trials of medicinal products were justified, and law enforcement recommendations for the contractual registration of such relationships, ensuring that the clinical trial is in compliance with international regulations and ethics in this field, were given.

scholarly journals KOLIZYJNOPRAWNA PROBLEMATYKA MAŁŻEŃSKICH STOSUNKÓW MAJĄTKOWYCH W ŚWIETLE PRZEPISÓW NOWEJ USTAWY O P.P.M. Z 2011 R.

2016 ◽  
Vol 15 (1) ◽  
pp. 77
Author(s):  
Łukasz Żarnowiec
Keyword(s):  
International Law ◽  
Third Parties ◽  
Legal Issues ◽  
Private Law ◽  
Private International Law ◽  
Freedom Of Choice ◽  
The Law ◽  
Property Regimes ◽  
Selection Of

Conflict of Legal Issues Regarding Matrimonial Property Regimes under the New Private International Law of 2011SummaryThe conflict-of-law method for the determination of the law applicable to matrimonial property regimes under the Polish InternationalPrivate Law Act of 1965 became obsolete and no longer came up tocurrent standards and needs, and therefore required thorough revision.The most important shortfalls of the previous regulation were theexclusion of freedom of choice of the law applicable to matrimonialproperty relations, the selection of criteria recognised as objectiveconnecting factors, the excessive privilege of lex fori, and the lack ofinstruments protecting third parties entering into legal relations witha married couple.Amendments in the above-mentioned scope were introduced by theInternational Private Law Act of February 4, 2011 (Ustawa z dnia 4 lutego 2011 r. – Prawo prywatne międzynarodowe), that came into forceon May 16, 2011. However, certain provisions of the new Act haveraised doubts. This paper presents them and tries to provide a criticalassessment.

Introduction

2019 ◽  
pp. 1-42
Author(s):  
Adrian Briggs
Keyword(s):  
European Union ◽  
United Kingdom ◽  
International Law ◽  
Legal Framework ◽  
Private International Law ◽  
The European Union ◽  
The United Kingdom ◽  
The Common ◽  
Law And Legislation

This introductory chapter begins with a brief discussion of the effect of the unexecuted decision of the United Kingdom to leave the European Union. If the United Kingdom were to withdraw on the terms approved by Parliament, the resulting legal framework would, in principle, be that put in place by the European Union (Withdrawal) Act 2018. That is to say, on ‘Exit Day’, the European Communities Act 1972 will be repealed. This will, at a stroke, remove the legal basis upon which a substantial body of private international law takes effect in the legal order of the United Kingdom. The chapter then sets out the book’s focus, which is the conflict of laws, followed by discussions of the common law’s conception of private international law and legislation establishing private international law as European law.

United in Diversity – Regional Unification of the Conflict-of-law Rules in Matters of Matrimonial Property Regimes

2019 ◽  
pp. 160-178
Author(s):  
Lucie Zavadilová
Keyword(s):  
Public Policy ◽  
International Law ◽  
Private International Law ◽  
Public Interests ◽  
The Public ◽  
General Part ◽  
Substantive Law ◽  
Fundamental Values ◽  
Property Regimes ◽  
Conflict Of Law

The unification of the conflict-of-law rules in matters of matrimonial property regimes at EU level seeks to mitigate differences in substantive law in particular legal systems. The aim of this contribution is to analyse the doctrine of overriding mandatory provisions and consider the applicability of the public policy exception, which limit the application of the law otherwise applicable determined in compliance with the unified conflict-of-law rules. The question author addresses in this paper is whether these institutes of the general part of private international law provide for sufficient safeguards to protect the fundamental values and public interests of the forum law in matters of matrimonial property regimes.

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