scholarly journals Pravna znanost kao izvor građanskog prava

2020 ◽  
Vol 41 (1) ◽  
pp. 177-191
Author(s):  
Aldo Radolović
Keyword(s):  
Civil Law ◽  
Primary Source ◽  
Professional Career ◽  
The Republic

Civil law science in civil law itself is cited as a secondary, "indirect", almost less important source of civil law. Some recent tendencies, however, say the opposite - that the science of civil law is the primary source of civil law because the judge makes judgments according to the knowledge of law acquired during his studies and in later professional career. That is why talking about the civil law science as a source of this science is also a conversation about the education of lawyers at law faculties and the extension of this process after graduation. In the Republic of Croatia at this time we see significant problems in both directions and even a lag that would be desirable to overcome as soon as possible.

Legislation and the Constitutional Framework

2018 ◽  
Author(s):  
Eva Steiner
Keyword(s):  
Civil Law ◽  
Primary Source ◽  
Legislative Process ◽  
French Law ◽  
Major Overhaul ◽  
Different Types ◽  
The Way

This chapter introduces the main constitutional institutions and mechanism governing France, taking into account the major overhaul of the 1958 Constitution in 2008. It also shows that legislation is the primary source of law in France, that there are different types of legislation, and that legislative sources are organised hierarchically. Moreover, the chapter also considers, within the constitutional framework, the legislative process and examines the way in which bills are drafted. It also seeks to familiarise readers with the layout of a French statute. In addition, this chapter shows that much of French law though not all of it is codified. Codification is a particular legislative technique common to most civil law systems.

The Portuguese Astronomer Melo e Simas (1870–1934): Republican Ideals and Popularization of Science

2014 ◽  
Vol 27 (1) ◽  
pp. 49-77 ◽  
Author(s):  
Ana Simões ◽  
Luís Miguel Carolino
Keyword(s):  
Historical Analysis ◽  
Active Role ◽  
Institutional Setting ◽  
Multiple Forms ◽  
Professional Career ◽  
Popularization Of Science ◽  
The Status ◽  
The Republic ◽  
European Periphery ◽  
Scientific Ethos

ArgumentThis paper analyses a process of co-construction of knowledge and its multiple forms of communication in a country of the European periphery in the early twentieth century. It focuses on Lieutenant Manuel Soares de Melo e Simas, a politically engaged Portuguese astronomer, who moved from amateur to professional during the political transition from the monarchy to the republic. Melo e Simas paralleled his professional career in continuous activity of communicating science to the public in the context of republicanism in a double way, by responding to the agenda of republicanism and by playing an active role in shaping it. He aimed at educating lay audiences in the various ways of astronomy, and he reached out to as many people as possible by exploring a multitude of communication channels, from lectures to articles in newspapers and journals. Voiced often within newly created republican institutions, the praxis and the ideas of Melo e Simas helped to mold the new republican scientific ethos. By going beyond mere emphasis on scientism and positivism, usually taken to be the defining characteristics of the new republican ethos, this paper argues that science and the specificities of its multiple forms of communication were central to the way Melo e Simas shaped the republican ideology. Furthermore, popularization of science was used to legitimize the status of professional scientists at the same time that it helped reinforce their institutional setting, still to be negotiated in the forthcoming decades through a complex process which deserves further historical analysis.

scholarly journals PROTECTION OF A FARM IN THE COURSE OF JUDICIAL ENFORCEMENT PROCEEDINGS BY A BAILIFF" ENFORCEMENT PROCEEDINGS - GENERAL ISSUES

2020 ◽  
pp. 120-128
Author(s):  
Адріан Яворський
Keyword(s):  
Civil Law ◽  
Civil Procedure ◽  
Climatic Conditions ◽  
Agricultural System ◽  
Agricultural Activity ◽  
Family Farm ◽  
Constitutional Protection ◽  
Lower Ranking ◽  
The Republic ◽  
Special Protection

In the Polish civil law, and in the civil procedure behind it, we are dealing with increased protection of farms, in particular farms run by individual farmers. Factors justifying this special protection of an agricultural holding are the variable economic situation on the agricultural market, conducting agricultural activity in specific conditions independent of the farmer (e.g. type of soils, climatic conditions), as well as the most important, constitutional protection of individual agricultural holdings. The basis of the agricultural system of the state is a family farm (Article 22 of the Constitution of the Republic of Poland), the legislator must adjust lower-ranking provisions to this constitutional primacy, hence the above restrictions have been introduced to the code of civil procedure. Key words: court, enforcement bodies, Enforcement of a farm by a bailiff, civil procedure.

scholarly journals Features of Legal Regulation of the Circulation Order of Gift Certificates

2019 ◽  
pp. 72-80
Author(s):  
Avak Vartanian
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Advance Payment ◽  
Foreign Countries ◽  
The Gift ◽  
The Usa ◽  
The Subject ◽  
The Republic ◽  
Gift Certificate

The article analyzes the novels of the legislation of the Republic of Belarus concerning the procedure for using gift certificates when selling goods (performance of works, rendering services). It has been done a comparative analysis of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus, Ukraine and some foreign countries (Canada, the USA). The author raises some problems concerning the use of a gift certificate in civil circulation. It is pointed out that there is uncertainty both in the theory of civil law and at the level of legislative regulation regarding the civil law nature of a gift certificate. It is noted that the analysis of the legislation in force in the Republic of Belarus allows us to define a gift certificate as a document certifying the property right (requirement) of its holder (bearer) to receive goods (works, services), and the amount of money contributed when purchasing a gift certificate, as advance payment (advance payment). At the same time, such an approach of the legislator is criticized due to the fact that there is a clear contradiction to the requirements of Art. 402 of the Civil Code of the Republic of Belarus, from the content of which it follows that the advance payment presupposes the existence of a contract in which the subject has been agreed, which is not typical of most gift certificates, due to the fact that they do not contain an indication of the subject of the contract. Having done the analysis of the civil legislation of Ukraine, the author makes a conclusion that there is application of the rules on a purchase agreement to gift certificates, the subject of which may be property rights in accordance with the Civil Code of Ukraine. The conclusion is made about the imperfection of the legal regulation of the procedure for circulation of gift certificates in the Republic of Belarus and Ukraine, as well as about the complex legal nature of the gift certificate, regarding which legal regulation should be more universal, defining a gift certificate as an independent object of civil legal relationship.

scholarly journals On the question of forms and types of property rights in civil law

2020 ◽  
Vol 80 (4) ◽  
pp. 62-67
Author(s):  
Zh. Talipova ◽  
Keyword(s):  
Property Rights ◽  
Common Property ◽  
Civil Law ◽  
Comprehensive Analysis ◽  
The State ◽  
Property Relations ◽  
Territorial Unit ◽  
The Republic ◽  
Legal Concepts ◽  
The Right

The right of ownership, like property itself, occupies one of the main places in public life. Statutory regulation of property relations in the Republic of Kazakhstan existed throughout the entire period of statehood formation. Today, property relations are regulated by the norms of various branches of law. But civil law regulation occupies one of the most important places in the system of regulatory regulation. This article deals with a comprehensive analysis of the main legal concepts, such as property, owner, subject of property rights, as well as forms and types of property, the grounds for the emergence and termination of property rights and ways to protect and protect the absolute right of the owner. A certain thing may belong to several persons as common property. In this case, the right of ownership is distributed among several owners (co-owners). The totality of legal norms on common property forms the institution of common property law. The purpose of this work is a comprehensive analysis of the main legal concepts, such as property, owner and subject of property rights, as well as forms and types of property, the basis for the emergence and termination of property rights and the definition of ways to protect and protect the absolute right of the owner. The means of achieving this goal is the study of the works of Kazakh legal scholars, the study of the analysis of practical materials. The article uses the following methods: comparative-legal, system-structural, formal-logical, as well as the method of system analysis. The legislation of Kazakhstan provides for two subjects of State property that have the right to act on their own behalf: the Republic of Kazakhstan as a whole (in respect of property constituting republican property) and the administrative – territorial unit (in respect of property constituting municipal property). That is, in civil circulation, data are carriers of state property rights. Depending on the tasks performed, the State exercises the powers of the owner on behalf of one of the specified entities. The Republic of Kazakhstan and the administrative-territorial unit are not legal entities. However, unless otherwise provided by legislative acts, they are subject to the rules governing the participation of legal entities in relations regulated by civil law. The state and administrative-territorial unit, as special subjects, have all the rights of subjects of civil legal relations and are limited in legal personality only by the current legislation.

scholarly journals Legal status of pets and pretium affectionis

2020 ◽  
Vol 59 (89) ◽  
pp. 335-351
Author(s):  
Srđan Radulović
Keyword(s):  
Legal Status ◽  
Legal Theory ◽  
Focal Point ◽  
Civil Law ◽  
Tort Law ◽  
Solid Base ◽  
Property Law ◽  
Judicial Practice ◽  
The Republic ◽  
Criminal Legislation

In domestic legal theory, as well as in judicial practice of the Republic of Serbia, there is a widely accepted standpoint that animals are property items, i.e. living movable assets in property law, and property items which increase the risk of damage in tort law. However, both views have been seriously challenged by the adoption of the Animal Welfare Act, and the subsequent amendments introduced into the Serbian criminal legislation. These norms have ultimately contributed to creating a solid base for reconsidering the legal status of animals and treating them as highly distinctive subjects of law. The current legal status of animals, including pets as a special legal category of animals which is the focal point of this paper, is debatable. Yet, the mere hint that there is a possibility to finally overcome the traditional "animal = object" concept creates an obligation to review all other civil law provisions and principles de lege lata, and especially de lege ferenda. In particular, using both analytical and normative method, the author analyzes the relevant provision of the Civil Obligations Act and the Draft Civil Code of Republic of Serbia, and examines the likelihood of awarding compensation (damages) for pretium affectionis (special affection and attachment) in case of death or injury caused to a pet.

scholarly journals STUDI PEMIKIRAN MESTIKA ZED TENTANG PEMERINTAH DARURAT REPUBLIK INDONESIA

2019 ◽  
Vol 25 (1) ◽  
pp. 93-112
Author(s):  
Erasiah Erasiah
Keyword(s):  
Research Method ◽  
Primary Source ◽  
Historical Research ◽  
Historical Explanation ◽  
Source Criticism ◽  
Secondary Sources ◽  
West Sumatra ◽  
Library Studies ◽  
The Republic

The Emergency Government of the Republic of Indonesia is a legitimate government that is run by car or moves from one place to another during the emergency period of the Republic of Indonesia due to the second Dutch military attack. This research is carried out through library studies whose sources are found in books, both primary and secondary sources. As the primary source is Mestika Zed's work entitled Some Where in the Jungle Emergency Government of the Republic of Indonesia: A Forgotten History Chain, West Sumatra in the History Stage 1945-1995, Indonesia in the Flow of History. While secondary sources are books and articles that talk about the Emergency Government of the Republic of Indonesia. The method used in this study is a historical research method with four steps of work, namely heuristics (collecting resources), source criticism, synthesis, and writing. While the theory used to analyze Mestika Zed's thinking about the Republic of Indonesia Emergency Government is the theory of historical explanation theory of Kuntowijoyo. Kuntowijoyo said that the historical explanation has three important things (historical explanations are hermeneutic and verstehen, historical explanations are explanations of limited elongated time in space, and historical explanations are explanations of single events).

scholarly journals History of codification of private law in the Republic of Moldova

2021 ◽  
pp. 8-28
Author(s):  
Gheorghe Avornic ◽  
◽  
Violeta Cojocaru ◽  
Iulian Moraru ◽  
◽  
...  
Keyword(s):  
Social Relations ◽  
Civil Law ◽  
Public Law ◽  
Private Law ◽  
Historical Aspects ◽  
Republic Of Moldova ◽  
History Of ◽  
Ancient Times ◽  
The Republic ◽  
The One

The division of the entire system of law into public law and private law comes from ancient times, which we have referred to in several previous personal publications. In this article we will analyze the evolution of private law in the Republic of Moldova. Private law constitutes one of the fundamental subdivisions of the science of law as a whole. At the level of the Republic of Moldova, the subdivision in question represents a distinct specific in the context that: (i) it is stratified into numerous branches of law and (ii) it constitutes a symbiosis of several national, supranational and international private legislations that correspond to modern trends of evolution of related social relations. One of the main branches of domestic private law is civil law, namely the rules tangent to the branch of law in question regulate a considerable number of social relations varied in terms of structure and content. This article will briefly address evolutionary-historical aspects of the private law legislation of the Republic of Moldova. In particular, we will analyze the influence of the Model Civil Code of the CIS States, on the one hand, and European legislation, on the other. Historical aspects will be divided into three periods.

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