scholarly journals Uwagi na temat wykonywania władzy rodzicielskiej

2019 ◽  
pp. 113-129
Author(s):  
Edyta Kogut
Keyword(s):  
Family Law ◽  
Comparative Method ◽  
Parental Authority ◽  
Parental Responsibility ◽  
Significant Issue ◽  
Legal Representation ◽  
The Subject ◽  
Difficult Subject

The subject connected with the legal representation of a child by a parent in Poland and with the limitation of parental responsibility has become a significant issue in the area of family law. This field has long remained beyond the scope of both research and reflection. The article raises the issue of rights and obligations towards a child arising from being a parent. It also shows how the institution of limitation and deprivation of parental responsibility works. The aim of this paper is not only to analyze such a difficult subject, that is the imitation of parental authority, but the effects it has on a child as well. A comparative method and descriptive technique have been used in this study. 

Family Law

2018 ◽  
Keyword(s):  
Family Life ◽  
Child Support ◽  
Family Law ◽  
Public Law ◽  
Marital Relationships ◽  
Critical Examination ◽  
Parental Responsibility ◽  
The Family ◽  
The Subject ◽  
Domestic Violence And Abuse

Family Law offers a contextual and critical examination of the subject. Topics include: family life and the law; marriage, civil partnership, and cohabitation; seeking a divorce; and property division on divorce. It also examines property division on the breakdown of non-marital relationships; child support; domestic violence and abuse; and legal parenthood and parental responsibility. It moves on to look at private child law, the medical treatment of children, public law protection, adoption; and human rights, children's rights, and the family. Finally, it considers international family law and family law in practice.

دية القتل الخطأ في الحوادث المرورية في الفقه الإسلامي: دراسة مقارنة Blood Money for Unintended Manslaughter in Traffic Accidents in Islamic Jurisprudence: A Comparative Study

2015 ◽  
Vol 12 (1) ◽  
pp. 1-29
Author(s):  
عارف علي عارف القره داغي ◽  
فايزة بنت إسماعيل ◽  
ئاوات محمد آغا بابا
Keyword(s):  
Comparative Study ◽  
Mutual Fund ◽  
Traffic Accidents ◽  
Comparative Method ◽  
Inductive Approach ◽  
Legal Provisions ◽  
Islamic Jurisprudence ◽  
The Subject ◽  
Blood Money ◽  
Major Factors

الملخّصيتعلق هذا البحث بموضوع دية القتل الخطأ في الحوادث المرورية في الفقه الإسلامي في العصر الحاضر لكثرة وقوعها وحاجة الناس إلى بيان أحكامها من حيث كيفية تقديرها. وتحرير الخلاف في دية المرأة، ومسألة دية الجنين في حال تعرضه للموت في بطن أمه نتيجة الحادث المروري، أو في حالة تعرضه للإجهاض والموت، وتناول أيضًا دية شخصين إذا ماتا نتيجة اصطدام سيارتين؛ فكيف تقدَّر الدِّية؟ وعالج البحث مسألة العاقلة في الوقت الحاضر التي تساعد الطرفين (الجاني والمجني عليه وذلك بجمع الدية وإعطائها للمجني عليه). وذلك من خلال استخدام المنهج الاستقرائي والمنهج المقارن: حيث يتم من خلاله جمع النصوص المتعلقة بالموضوع، وآراء العلماء المتقدمين، والمعاصرين، والمقارنة بينهما لمعرفة نقاط الاتفاق والاختلاف، لتجلية معالم الموضوع، وتسهيل مناقشتها بصورة دقيقة، ثم بيان الرأي الراجح. وقد توصلت الدراسة إلى أنَّ دية القتل في الحوادث المرورية في العصر الحاضر تساوي بالدينار الذهبي، الذي يساوي 4.250 جرامًا من الذهب، أو بما يساويها من النقد. وأنَّ الراجح هو تساوي دية الرجل مع دية المرأة. وفي حالة عدم وجود العاقلة لابأس من إنشاء شركة تعاونية لمساعدة من وقع منه الحادث.الكلمات المفتاحية: الدِّية، حوادث المرور، دية المرأة، دية الجنين، العاقلة. Abstract         This research addresses the subject of blood money for unintended manslaughter in traffic accidents according to Islamic jurisprudence in the present era due to the frequency of their occurrence and the need for people to understand the legal provisions concerning determining the amount. In this regard, we seek to clarify the disagreements regarding the blood money for women and foetuses that die in the mother’s womb as a result of traffic accidents or abortion. We also address the issue of blood money for two people who die as a result of collision between two cars. We also examine the issue of ʿĀqilah (those who pay the blood money) who helped the two parties (the offender and the victim by collecting blood money and giving it to the victim). To clarify these issues, we use the inductive approach and comparative method wherein we collect the various texts on the subject, and the views of classical and contemporary scholars to engage in a comparison between them in order to identify the points of agreement and disagreement between views. From here, we also hope to identify the major factors pertaining to such issues in order to facilitate a precise and concrete discussion to arrive at the most correct opinion. The study found that blood money for manslaughter in traffic accidents in the present era is equal to a gold dinar, which is equal to 4.250 grams of gold, or its cash equivalent. We advocate that the correct view is that the amount of blood money paid to a man is equal to that of a woman, and that in the absence of an ʿĀqilah it is possible to form a cooperative or mutual fund to render assistance to the victim.Keywords: blood money, traffic accidents, women, foetus, ʿĀqilah.

AUTONOMY OF FAMILY RELATIONS AND CIVIL PROCEDURE

2021 ◽  
Vol 11 (1) ◽  
pp. 277-293
Author(s):  
P.A. YAKUSHEV
Keyword(s):  
Russian Federation ◽  
Family Law ◽  
Family Relations ◽  
Legal Proceedings ◽  
Family Courts ◽  
Procedural Code ◽  
Separate System ◽  
The Subject ◽  
The Russian Federation ◽  
Settlement Of Disputes

The article examines the ontology of the autonomy of family relations and its impact on the independence of family law as a branch of law. It is proved that the independence of family law as a branch of law, due by the nature of family relations and their autonomy, determines the need to regulate family relations by an independent codified normative legal act containing material norms of law. Thus, it is concluded that the branch autonomy does not determine the existence of a separate system of courts for the settlement of disputes connected with application of norms of law and an independent justice. Since all family disputes can be considered by courts of General jurisdiction within the existing types of legal proceedings (claim proceedings, special proceedings, writ proceedings), the creation of specialized family courts in the Russian Federation is impractical. However, for the proper consideration and resolution of family disputes, based on the specifics of their subject composition, the subject of dispute, the nature of relationships, degree of procedural activity of the court, it is necessary to supplement Civil procedural code of the Russian Federation separate chapters containing the rules governing the procedural peculiarities of consideration of some categories of family disputes.

scholarly journals Implementation of word-formative potential of the lexemes in social and economic activities

2020 ◽  
pp. 60-65
Author(s):  
Maryna Navalna ◽  
Olha Spys
Keyword(s):  
Foreign Language ◽  
Comparative Method ◽  
Word Formation ◽  
Economic Sector ◽  
Economic Activities ◽  
Descriptive Research ◽  
The Subject ◽  
Lexical Items ◽  
Observation Method ◽  
Political Vocabulary

The subject of the research is word-formative and semantic processes in the vocabulary of socio-economic sector. The aim of the study. To analyze the socio-political vocabulary and to determine the word-formative and semantic potential of these linguistic items. Research methods. The material of the research is a body of lexical items, selected from the language of all-Ukrainian and regional mass media. The descriptive research method and observation method were used as main in this scientific research. At different stages of the research the method of functional analysis was used to determine the stylistic load of lexical items. The comparative analysis of individual lexical positions, which are in different styles of Ukrainian literary language, was done by using a comparative method. Results of work. The article analyzes the word-formative potential of socio-political vocabulary, it distinguishes derivative and non-derivative verbs and presents formations. Application of the results. The results of the research can be used in teaching activities in the course “Scientific and Technical Terminology”, “Business Ukrainian” and others. Conclusions. Ukrainian and foreign-language verbs of the socio-economic sector have formed a great word-formative potential in the internal verbal word-formation, above all, the prefixal and postfixal. Ukrainian verbs are combined with most of the prefixes of the Ukrainian language, foreign-languages verbs – primarily with genetically homogeneous word-formative formats and some Ukrainian ones, in particular.

scholarly journals The location of the adverbial modifier in the modern Erzya and Finnish languages

2018 ◽  
Vol 10 (3) ◽  
pp. 64-69
Author(s):  
Evgeniya N. Muhina ◽  
Tatiyana N. Potapova
Keyword(s):  
Comparative Method ◽  
Research Topic ◽  
Parts Of Speech ◽  
Complex Sentences ◽  
Time Period ◽  
Minor Part ◽  
The Subject ◽  
Adverbial Modifiers ◽  
A Minor

The syntactic system in the Erzya and Finnish languages in comparative terms still remains insufficiently studied, in particular, regarding the syntactic location of such a minor part of a sentence as adverbial modifier. The relevance of the research topic is conditioned by the fact that in the Erzya and Finnish languages the location of adverbial modifiers depends not only on the purpose of the sentence and the part they refer to, but also on the parts of speech. The purpose of the work is to characterize and compare the location of adverbial modifier in the languages. The subject is the location of the adverbial modifier in the modern Erzya and Finnish languages. The material of the study was the adverbial modifiers in the Finno-Ugric languages in simple and complex sentences. In the course of the study, a comparative method was used. The research showed the following facts: from several adverbial modifier of time, the first place in the sentence is given to the adverbial modifier indicating a longer time period and the second one is to the adverbial modifier defining the former. If several adverbial modifiers are combined in one sentence, the adverbial modifier of time goes first, then there is an adverbial modifier of place. In the studied languages, adverbial modifiers of manner, place, time, purpose can be found at the beginning of the sentence, and at the end.

scholarly journals KILKA UWAG O BADANIACH NAD ROMANIZACJĄ STATUTÓW LITEWSKICH

2017 ◽  
Vol 2 (2) ◽  
pp. 71
Author(s):  
Sławomir Godek
Keyword(s):  
Family Law ◽  
Roman Law ◽  
Property Law ◽  
The Third ◽  
Procedural Law ◽  
Fertile Ground ◽  
The Subject ◽  
Law Of Succession ◽  
Made In

SOME REMARKS ON THE STUDY OF THE ROMANIZATION OF LITHUANIAN STATUTESSummary The article is dedicated to the issues connected with the reception of Roman Law in the Lithuanian statutes of 1529, 1566, and 1588. After an analysis of the existing scholarly accomplishments in the field, one cannot but conclude that the study of the influence of the Roman Law on Lithuanian codifications has hardly been started yet. Despite the fairly long tradition of research in this field, so far only selected elements of the first and second statutes have been analyzed in order to identify Roman constituents. The research carried out in 1930s by Raphael Taubenschlag, Franciszek Bossowski, and Karol Koranyi demonstrated which Roman Law noticeably influenced the statutory regulations pertaining to family law, law of property, law of succession, criminal and procedural law. Their observations partly confirmed the findings previously made in the nineteenth century by Aleksander Mickiewicz, Franciszek Morze, and Ignacy Daniłowicz. At the same time, nothing is still known about the scope of Romanization in the third Lithuanian statute or about the transformations which Roman elements underwent in each of the statutes. Without further study of the subject, one cannot assess the role of Roman law in the Commonwealth (Rzeczpospolita).It seems that the most fertile ground for identification of Roman elements in the third Lithuanian statute is tutorship and succession law, especially testamentary succession. Some interesting and original observations could be made on the basis of a more thorough comparative analysis of the pertinent Roman and Lithuanian regulations.

Bromley's Family Law

2021 ◽  
Author(s):  
Nigel Lowe ◽  
Gillian Douglas ◽  
Emma Hitchings ◽  
Rachel Taylor
Keyword(s):  
Family Law ◽  
Hague Convention ◽  
Case Law ◽  
Critical Discussion ◽  
Genital Mutilation ◽  
Protection Orders ◽  
European Court ◽  
Key Issues ◽  
The Subject ◽  
Female Genital

Bromley’s Family Law has an enduring reputation as the definitive text on the subject. Its hallmark qualities of clarity, authority, comprehensiveness and readability have been relied upon by generations of readers. The text presents a broad treatment of the key issues relating to adult and child law. Each chapter provides an up-to-date critical discussion of the current legislative and case law position (including European Court of Human Rights’ decisions), proposals for reform and issues of current concern. Particular attention is also paid to the increasingly significant international dimension of family law, with a new chapter on this area covering the 1996 Hague Convention on the Protection of Children and reflecting the UK’s departure from the EU. This edition has been updated to provide up-to-date coverage on heterosexual civil partnerships, religious marriage (non)-recognition, the 2020 Domestic Abuse Bill, forced marriage protection orders, female genital mutilation protection orders, stalking protection orders, the Divorce, Dissolution and Separation Act 2020, online divorce, transgender parenthood, surrogacy, parental orders, child arrangement orders, radicalisation, and voluminous case law across all topics.

THE SUBJECT OF OF “VOGUE” AND “HARPER’S BAZAAR” MAGAZINES

2021 ◽  
Author(s):  
Natalya Mykhayliv
Keyword(s):  
Mass Communication ◽  
Comparative Method ◽  
Theoretical Level ◽  
New Classification ◽  
Verbal Expression ◽  
The Subject ◽  
Universal Themes

In the article according to the theory of the subject, patterns of the existence and genesis of the subject of “Vogue” and “Harper’s Bazaar” (USA) magazines was analysed, perspective of the emergence of new subjects was established, classification of the current subjects into universal and synthetic was suggested and some regularities of authorial creation of new subjects was examined. The main objective of the study is to identify patterns of existence of actual and formation of new topics in the Means of Mass Communication on the example of “Vogue” and “Harper’s Bazaar” magazines. In studying of the empiric basis of the research the method of observation is applied; in finding common themes for both publications – a comparative method was used. The method of analysis was used in the decomposition of topics into separate topics; in isolation from the features of the topic, uncharacteristic of a journalistic work – abstraction was applied. The elucidation that the subject appears as a formal verbal expression of a set of homogeneous topics was done by applying the method of formalization. The main results of the research are: obtaining the new classification of topics of “Vogue” and “Harper’s Bazaar” magazines; identification of a significant manifestation of universal themes on the pages of publications; establishment of the basic subjective (deontological) bases of formation of new subjects. A theoretical level of their knowledge will enrich science, equip practice, promote individual and world harmony.

De-ageing Family Law: Re-engineering the Children-Adults/Parents Machine

Legalities ◽  
2021 ◽  
Vol 1 (2) ◽  
pp. 187-209
Author(s):  
Man-chung Chiu
Keyword(s):  
Hong Kong ◽  
Child Custody ◽  
Family Law ◽  
Best Interests ◽  
Parental Rights ◽  
Power Relationship ◽  
Parental Responsibility ◽  
Children’S Views

Since 2005, the Hong Kong Government has proposed to replace the concept of ‘parental rights’ with ‘parental responsibility’ in the legal machine controlling and regulating child custody in divorce cases. However, it has again reduced ‘children’ to a powerless position, arguing that it can positively protect the ‘best interests’ of children. In this article, the author suggests that only by de-ageing law can the unequal power relationship between children and adults be challenged, and hence, can – and will – children’s views and subjectivity be respected and constituted in family law proceedings.

Recht für die Kindheitspädagogik

2021 ◽  
Author(s):  
Christopher A. Schmidt ◽  
Annette Rabe
Keyword(s):  
Early Childhood ◽  
Constitutional Law ◽  
Family Law ◽  
Social Benefits ◽  
Labour Law ◽  
Childhood Education ◽  
Liability Law ◽  
Child And Youth Welfare ◽  
The Subject ◽  
Selection Of

Childhood education (early childhood education and upbringing) is gaining in importance nationwide. Nevertheless, until now there has been no textbook that presents the areas of law which relate to this field in a compact form. This work is intended to rectify this shortcoming. It covers constitutional law, contract and liability law, family law, child and youth welfare law, important social benefits for children and their families, and labour law. The selection of topics the book examines is based on the needs of study and practice. Its extensive index facilitates searching for individual topics, while practical tips and examples illustrate the subject matter. The authors are judges, lawyers and mediators who teach in Esslingen and Ludwigsburg.

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