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.

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 The Promotion and Protection Human Rights under Vietnam’s Civil Law

2017 ◽  
Vol 10 (3) ◽  
pp. 182
Author(s):  
Duong Quynh Hoa
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Legal Regulations ◽  
International Human Rights ◽  
The Past ◽  
Research Findings ◽  
International Human ◽  
Social Domains

This article analyzes and assesses Vietnam’s civil law for the promotion and protection human rights, the successes and limitations of their implementation in practice. The research findings show that over the past years, the Civil Code has laid a firm ground for remarkable successes in the promotion and protection human rights, especially, not only of Vietnamese but also foreigners living and working in Vietnam. The code is deemed compliant with international human rights conventions, laws and practices. In the Civil Code, however, there remain some certain limitations. For example a number of provisions of the current Civil Code fail to meet the human rights legislation or do not really create favourable conditions for the promotion and protection human rights in the economic and social domains. Our objective aims to outline the theoretical bases and analyze, assess regulations on human rights provided for in the Civil Code of Vietnam at present, thence proposing some solutions for improving legal regulations and contributing to ensure human rights in the legal system of Vietnam in general and in the Civil Code in particular.

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.

Legal Nature of the Will of Spouses under the Legislation of Ukraine

2019 ◽  
Vol 9 (5) ◽  
pp. 1637
Author(s):  
Myroslava DYAKOVYCH
Keyword(s):  
Civil Code ◽  
Legal Regulations ◽  
Legal Analysis ◽  
Practice Analysis ◽  
Judicial Practice ◽  
Foreign Countries ◽  
Legal Nature ◽  
The Will

The article represents peculiarities of legal regulations of the will of spouses under the legislation of Ukraine. The author has made a comparative and legal analysis of the institute of joint will of spouses under the legislation of foreign countries, in particular, Germany, USA. As a result of judicial practice analysis, typical mistakes, which occur in the judicial practice, notarial practice in the realization of the joint will of spouses, are pointed out. In the conclusion, the need for legal editing of article 1243 of the Civil Code of Ukraine is substantiated.

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 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 Commercial name in the draft of the Civil Code

2012 ◽  
Vol 60 (2) ◽  
pp. 271-278 ◽  
Author(s):  
Jarmila Pokorná ◽  
Eva Večerková
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Legal Regulations ◽  
Legal Form ◽  
Natural Person ◽  
Injured Person ◽  
Commercial Code ◽  
Draft Bill ◽  
General Regulation

Name of the firm is by the Commercial Code name of the entrepreneur registered in commercial register. The effective legal regulation distinguishs between the name of natural person (its first name and surname) and the name of company (its name and obligatory addition declaring its legal form). The name is not allowed to be deceptive and mistakable. It can be transfered only together with an enterprise. If the name is unwarrantedly interferented the injured person can require an unwarranted user to forbear his behaviour and to eliminate the defective state. He can also demand delivery of an unwarranted enrichment, adequate satisfaction and damages.Reform of civil law transposes the regulation of name of the firm to Civil Code, but maintains some principles of existing legal regulations: the name is a designation for entrepreneurs registered in commercial register, it is not allowed to be deceptive and mistakable. However the draft bill of the Civil Code brings change in some elements of the regulation: natural person does not need to use obligatory name and surname, right to use the name by its transition on a new user is regulated in more detail and more detailed is also the regulation of using the names of natural persons in names of companies.By way of contrast possibility of transfer of the name is not explicitly solved. It may be used the general regulation about transfer of the thing. Existing interpretative problems become this way deeper.

scholarly journals SOME TRENDS IN DEVELOPMENT OF THE RUSSIAN CIVIL LAW PROCESS: IMPACT OF THE DOCTRINE AND FOREIGN PRACTICES

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Сергей Синицын ◽  
Sergey Sinitsyn
Keyword(s):  
Law Enforcement ◽  
Large Scale ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Legal Regulations ◽  
Dynamic Development ◽  
The Law ◽  
Market Relations ◽  
Law Making

Codification of civil legislation is not a one-time random phenomenon in law; it is preceded by a long and meticulous work which in modern Russia pursues the aims of creating legislation sources’ system levels that ensure stable, large-scale and comprehensive legal regulation of market relations required by the turnover. Work on modernization and renewal of the Civil Code forms an integral part of codification, it shows dynamic development of the system of civil legislation. Objectives of the civil legislation codification in ХХ—ХХI involve elimination of contradictions in legislation, regulatory consolidation of new law doctrines, well-established in law enforcement practice, their structuring in the sources of civil legislation system, rationalization of legal regulations. Status of legislation and its evaluation predetermine the tendencies of its development in future, allow forecasting, designating possible risks and priorities of the law-making process.

scholarly journals Testing the Origins of the Family Patrimony in Everyday Law

2005 ◽  
Vol 36 (4) ◽  
pp. 795-841 ◽  
Author(s):  
Nicholas Kasirer
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Civil Code ◽  
Legal Order ◽  
Property Law ◽  
Sociological Study ◽  
Married Life ◽  
The Family ◽  
Civil Code Of Quebec ◽  
A Share

This essay seeks to reevaluate the origins of the family patrimony by challenging the idea that the provisions introduced into the Civil Code of Québec in 1989 amounted to new law. The family patrimony is not simply a statutory trust borrowed maladroitly from Ontario, nor does it reflect a moral postulate that, prior to 1989, had no legal status. It may be argued, in advance of sociological study, that the family patrimony should be understood as reflecting customary norms that were already present in the Quebec legal order at the time of its enactment. Where wealth is accumulated by the spouses during the period that marriage is lived as a joint economic endeavour, rules of everyday law may require the sharing of certain property without regard to which of them has formal title thereto. These customary norms, obscured doctrinally by a modern disinclination among jurists to look beyond state-made law and its adjuncts in the regulation of married life, are potent sources of family property law. Once the manner in which everyday law complements the formal law of matrimonial property is made plain, it becomes apparent that the claim to a share of the family patrimony is not, in fact, a break with tradition in Quebec's Civil law of family property.

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.

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