BIERNA STRONA ZDOLNOŚCI DO CZYNNOŚCI PRAWNYCH

2021 ◽  
pp. 67-80
Author(s):  
Maciej Giaro
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Capacity To Act ◽  
The Will ◽  
To Receive

The paper elaborates the problem of the passive side of capacity to act which consists in the ability to receive (or to be an addressee of) the will declarations. Given the absence of an explicit regulation in the Polish civil code, the passive side of capacity to act has lost its attribute of a doctrinal evidence. However, the capacity to act should not be understood in a popular way limiting this concept to its active side only. Such an understanding generates in fact a grievous gap in the Polish civil law.

scholarly journals National And Foreign Experience In Determining The Conclusion Of Civil Law Contracts

2021 ◽  
Vol 3 (05) ◽  
pp. 22-28
Author(s):  
Abdullayev Nurulla Abdulla O'g'li ◽  
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Civil Code ◽  
Foreign Experience ◽  
Freedom Of Contract ◽  
Specific Event ◽  
The Will ◽  
The Republic ◽  
Legal Fact ◽  
Market Relations

The emergence of rights and obligations between citizens and legal entities is based on a specific event or phenomenon. Such events are called legal facts in civil law. Article 8 of the Civil Code of the Republic of Uzbekistan lists the types of such legal facts, according to which civil rights and duties arise from contracts and other agreements provided by law, as well as from contracts and other agreements that do not contradict the law. The contract and its structure are the basis for the creation of civil rights and obligations as a legal fact. The conclusion of a contract is primarily an expression of the will of the parties. [3] This article describes in detail the concept of contract and its importance in the context of market relations, the types and content of contracts, the conclusion of contracts, freedom of contract.

scholarly journals Batasan Kedewasaan dan Kecakapan Hukum Pewasiat Menurut Kompilasi Hukum Islam dan Kitab Undang-Undang Hukum Perdata

2018 ◽  
Vol 5 (1) ◽  
pp. 1-12
Author(s):  
Sanawiah Sanawiah ◽  
Muhammad Zainul
Keyword(s):  
Research Methods ◽  
Islamic Law ◽  
Civil Law ◽  
Civil Code ◽  
Legal Research ◽  
The Will ◽  
Similarities And Differences ◽  
Legal Proof

Limitations of adulthood and lawfulness of the pewasiat both in terms of the position of limits and the ability of the pewasiat, the requirements of the pewasiat and the various limits of the age of the pewasiat according to different views and opinions among the Imam of the School in the determination of its law. The purpose of this study is to to assess the Limitations of adulthood and legal proficiency of pewasiat by Compilation of Islamic Law and Civil Code contained in the Compilation of Islamic Law Article 194 paragraph 1 and Book Civil Law Article 897. In Compilation of Islamic Law Article 194 paragraph 1 concerning the will specifies that the person who intends to reach the age of 21 full and sensible this is a requirement for mlekukan wills must reach the age that has been determined. The Civil Code states that in Article 897 it states that the person who intentions must reach the age of 18 full years, this is a condition of determination to perform the testament. Normative legal research methods analyze, related legislation presented through descriptive and deductive methods which are then analyzed to see the location of similarities and differences between the Compilation of Islamic Law and the Civil Code. The result of this research is the equation of Law Compilation of Compilation of Islamic Law and Civil Code which states the condition of the person having the will should be sensible, while in the determination of maturity 21 years based on article 330 Civil Code. As for the legal proof of Article 426 Civil Code aged 18 years.

scholarly journals Normatywne podstawy wprowadzenia do polskiego porządku prawnego koncepcji prawa podmiotowego do życia w czystym środowisku

2019 ◽  
pp. 121-139
Author(s):  
Michał Hejbudzki
Keyword(s):  
Protected Areas ◽  
Civil Law ◽  
Civil Code ◽  
Legal Order ◽  
Legal Regulations ◽  
Clean Environment ◽  
Legal Foundation ◽  
The Will

The research objective of the article focuses on the question whether theregulations currently in force in the Polish legal order provide suffcientgrounds to create the entitlements which constitute the content of the subjective right to live in a clean environment or, on the contrary, the existinglegal norms are of a blanket nature and contain only the proclamation of the will of the legislator as to the scope and manner of introducing such a subjective right on the basis of separate provisions in the future.According to the author, the issue of deriving the legal foundation for thesubjective right to live in a clean environment on the basis of the currentlybinding legal regulations cannot be assessed unambiguously. The existenceof such a right is conditioned by the assumption that a clean environmentpossesses the values of a personal right within the meaning of Article 23 ofthe Civil Code, hence this is the source of creation and scope of this subjective right.The author advocates the concept of subjective right to live in a cleanenvironment which gradually, but consistently and increasingly, paves itsway in the doctrine of law and jurisprudence. The concept provides a solution that is not without merit. Referring to a certain axiological sensitivity itprovides for the civil law protection to previously insuffciently protected areas. Furthermore, it extends the freedom of the courts providing them withflexibility in assessing individual cases submitted to arbitration.

scholarly journals HEREDITARY FUND - NEW CATEGORY IN THE CIVIL LEGISLATION OF THE RUSSIAN FEDERATION

2017 ◽  
Vol 21 (6) ◽  
pp. 195-200
Author(s):  
Y. A. Tarasov ◽  
G. S. Ignatenko ◽  
N. A. Gulyaev ◽  
D. V. Tertichnikov
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Property Management ◽  
Fund Management ◽  
Legal Entity ◽  
The Will ◽  
The Russian Federation ◽  
The Moment

New category in the Russian civil law (hereditary fund) is described in the article. Hereditary fund represents Russian analog of widespread institute of trust in Europe. Norms regulating activity of hereditary funds will be active from 09.01.2018. Hereditary fund is created by the Civil Code of the Russian Federation to will citizen. On the basis of his property the fund which is carrying out activities for property management receives inheritance. It can be termless or during a certain term. Only one person can create hereditary fund. Hereditary fund is created after the death of the citizen according to his will. To create hereditary fund it is necessary to have the will of the citizen which contains decision on hereditary fund creation. It is also necessary to have fund charter and fund management. The application for hereditary fund creation is submitted by the notary within 3 days from the moment of hereditary opening. As legal entity hereditary fund has isolated property which is formed by provided law. The property from fund is transferred to persons who are named in the decision on hereditary fund establishment or separate categories from an uncertain circle of people defined according to fund charter. The structure of hereditary fund bodies or an order of their formation is also defined by the testator. Despite introduction of a new design to the Russian civil law there are reasonable doubts whether hereditary funds will become popular in Russia or not. It is connected with a number of gaps which are in adopted law.

scholarly journals LEGAL INHERITANCE IN FRANCE AND IN ALBANIA: COMMON ELEMENTS AND COMPARATIVE ASPECTS OF SUCCESSION TRADITIONS

2014 ◽  
Vol 8 (2) ◽  
Author(s):  
Nertila Sulçe
Keyword(s):  
Property Rights ◽  
Political Change ◽  
Civil Code ◽  
Common Elements ◽  
Natural Death ◽  
The Third ◽  
The Will ◽  
The Republic ◽  
To Receive ◽  
Civil Death

Inheritance begins with the birth of ownership, and continues with property rights. Inheritance is an ancient tradition, which the Romans recognized in the Twelve Tables (303 BC), in their priority of testamentary rights. Such principles have their origin in a primitive community, although, at that time, there were no genuine inheritance rights. Inheritance is the practice of passing on property, titles, debts, rights, and obligations upon the death of an individual, named the deceased (the person who dies), to the heir, who is the person entitled to receive a share of the deceased's property. This is an action of mortis causa, which happens due to the death of the deceased. The study of inheritance creates interest, because it relates to the law from the time of the deceased’s death, despite the advent of any disagreement. Inheritance by law is applied in cases when the person leaving the inheritance has not made a will, or has made a will only for a part of their property, or when the will is declared invalid. The inheritance initiates, when the deceased dies by natural death or civil death. It initiates in the place where the deceased had their last residence. The major economic and political change that occurred in Albania after the fall of the communist dictatorship, was on 1 November 1994, with the enactment of the Civil Code for the Republic of Albania. The third section and articles 316-418 of this code deal with inheritance. The French Civil Code was published on 21 March 1804. In this, the third book covers different modes of acquiring property, and under the title of “Successions” deals with inheritance, from article 718 onwards. The French and Albanian inheritance traditions share similarities and disparities. In this paper, we discuss and compare these two inheritance instruments.

scholarly journals Posiadanie w prawie karnym i cywilnym – czy dzierżyciel i prekarzysta może być pokrzywdzonym przestępstwem kradzieży?

2019 ◽  
Vol 16 (2) ◽  
pp. 229-242
Author(s):  
Tomasz Tyburcy
Keyword(s):  
Civil Law ◽  
Case Law ◽  
Civil Code ◽  
Good Faith ◽  
Subjective Element ◽  
The Will ◽  
Definition Of ◽  
Actual Control ◽  
Actual Relationship

The structure of ownership in civil law consists of two elements. The first is the element of physical wielding (corpus possesionis), and the second is a psychological (subjective) element; constituted by a presumption in favour of possession – one is always presumed to possess in his own interest (animus rem sibi habendi). Legal possession is the detention (control) or enjoyment of property or right that we hold or exercise by ourselves. Having control over property for someone else is defined in civil law as holding (Art. 338 of the Civil Code), which concerns the realization of a certain task. Possession as a factual status is protected by Art. 278 § 1 K. K. and should be interpreted more broadly than within the civil law definition. It constitutes an actual control over a movable property, which can also be exercised by a holder acting on his own behalf (commissionaire), who is not the possessor within the definition of the civil law. In contrast, it appears that a holder not acting on his own behalf (employee) is not protected by Art. 278 § 1 K. K. It seems erroneous that the protection of unlawful possession in Art. 278 § 1 K. K. depends on the good faith of the holder. Another questionable issue is granting protection for the permissive occupant in Art. 278 § 1 K. K. There is very little attention devoted to this problem both in the case-law as well as literature. It seems that permissive occupant does not attain the control over property, because his actual relationship to it is not an expression of the will of detentor, and therefore he cannot be a victim of theft.

scholarly journals THE TESTAMENT UNDER ROMANIAN CIVIL LAW PROVISIONS

2017 ◽  
Vol 10 (2) ◽  
pp. 53-60
Author(s):  
Miruna Mihaela Tudoraşcu
Keyword(s):  
Civil Law ◽  
Scientific Paper ◽  
Civil Code ◽  
Legal Form ◽  
Different Types ◽  
The Will

The normative dispositions that we will refer to in this paper, are found in The Romanian Civil Code, in the 4th Book, called “About Inheritances and Liberalities”, 3rd Title, called “Liberalities”, 3rd Chapter “The Testament”, articles 1034-1099. It is a very important civil institution, usually used, when a person wants to prefer somebody to collect the inheritance, a part of the inheritance, or a specific good from his estate. By article 1034 from RCC[1] “the Testament is the unilateral, personal and revocable legal act, through which a person, named testator, will decide, using a legal form, about his estate and other wills, for the time he will not be alive anymore”. In the doctrine we find different opinions in connection with the content of the will (testament), in connection with the juridical nature of it, or in connection with the form vices or with the fundamental vices impact over the validity of the testament. The discussions are very extensive, so this is one of the reasons that we took in consideration for realizing this scientific paper. We will present also different types of testaments that we have provisioned in Rom

Kajian Yuridis Pengesampingan Pasal 1266 dan Pasal 1267 Kitab Undang -Undang Hukum Perdata sebagai Syarat Batal dalam Perjanjian Kredit Perbankan

2017 ◽  
pp. 65-89
Author(s):  
Rocky Marciano Ambar ◽  
Budi Santoso ◽  
Hanif Nur Widhiyanti
Keyword(s):  
Research Method ◽  
Code Of Ethics ◽  
Civil Law ◽  
Banking System ◽  
Civil Code ◽  
Bank Credit ◽  
Dominant Position ◽  
Legal Implications ◽  
Credit Agreement ◽  
The Right

Banks in credit agreements use more standard agreements, standard contracts in 2 (two) things, (1) There is an unbalanced position between banks and debtors, banks that have a more dominant position and debtors. (2) There is an understanding of the principle of freedom of contracting and without limits. The Bank has the freedom to seek the form and content of the agreement. Code of Ethics in agreement. The provisions of the Civil Code provide types of compensation for parties. Based on the background, then for problems the problem is written (1). Does the inclusion of Article 1266 and Article 1267 of the Civil Code on the banking system have collected the principles of balance and justice. (2) What are the legal implications of the exclusion clause. The research method is normative juridical research. The result of this research is the neglect of civil law and the principle of compensation is the principle of balance. The basic principle according to Rawls is that it is unfair or more people. in the sense of "freedom of results", in other words. is the nature of the debtor in a bank credit agreement. For the legal implications of the clause that excludes Article 1266 and Article 1267 of the Civil Code concerning the right of the debtor to the debtor. Legal efforts in finding and resolving problems that cannot be made by a decision due to the imbalance of the parties in the agreement. For people who make changes, no party will be harmed.

SUBORDINATION AGREEMENT IN THE SYSTEM OF PRIVATE LAW

2021 ◽  
Vol 21 (3) ◽  
pp. 7-107
Author(s):  
M.D. TYAZHBIN
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Law Reform ◽  
Private Law ◽  
Legal Nature ◽  
The Russian Federation

The article is dedicated to the category of subordination agreements. Based on the concept of conflict of rights in personam, the author makes an attempt to integrate this category into the system of private law, to determine the legal nature of subordination, and from these positions to assess the effectiveness of Art. 309.1 of the Civil Code of the Russian Federation, implemented in the course of the civil law reform.

Sign in / Sign up

Export Citation Format

Share Document