scholarly journals Excluding Forced Heirs due to a Lack of Personal Relationship with the Deceased in Spain in a Comparative Perspective

2021 ◽  
Vol 47 (4) ◽  
pp. 7-26
Author(s):  
Rosa M. Garcia-Teruel
Keyword(s):  
Nursing Homes ◽  
Family Support ◽  
Legal Framework ◽  
Personal Relationship ◽  
Comparative Perspective ◽  
Intergenerational Solidarity ◽  
Freedom Of Will ◽  
New Family ◽  
Societal Changes ◽  
The Right

Forced heirship is considered a limit on the freedom of will of the deceased in favour of intergenerational solidarity. It involves that some relatives, usually descendants, have the right to claim a share of the deceased’s assets or estate. Although recognized in most EU jurisdictions, authors discuss about the need to regulate this institution taking into account new family models and societal changes. In fact, this debate has been intensified due to the COVID-19 pandemic, which showed that several elders died alone in nursing homes without family support, and part of their assets shall be reserved to their relatives. This paper analyses the legal framework of forced heirship in Spain and examines to which extent it is possible to exclude this right due to a lack of personal relationship with the beneficiaries in view of comparative models.

Der Spielraum bei der Vermarktung von Waldleistungen ist eingeschränkt (Essay) | The scope for the commercialization of forest services is limited (essay)

2009 ◽  
Vol 160 (8) ◽  
pp. 228-231
Author(s):  
Hansruedi Walther
Keyword(s):  
Private Property ◽  
Legal Framework ◽  
Third Parties ◽  
Wood Products ◽  
Forest Owner ◽  
Free Access ◽  
School Class ◽  
Market Niche ◽  
The Right ◽  
Exclusive Right

A forest owner can only commercialize non-wood products and services within a tightly restricted market niche. On account of free access being permitted to the forest it is impossible to deny to third parties the consumption of many non-wood products and services: everybody has the right to be in the forest for recreation. As a result many non-wood services cannot be commercialized by the forest owner, or not exclusively. What would seem unthinkable elsewhere on private property seems to be taken for granted in the forest: third parties may take products from the forest and even sell them without being the forest owners. For certain nonwood services or products, such as the installation of rope parks or for burial in the forest, the organizer must conclude an agreement with the forest owner or draw up a contract for servitude or benefit. In addition, for these activities a permit from the Forestry Department is necessary. On the other hand, for an itinerant school class or for the production of forest honey neither a binding regulation with the forest owner nor a permit from the Forestry service is necessary, provided that no constructions are erected in the forest. The only exclusive right which remains to the forest owner, besides the sale of his property, is the exploitation of his trees within the legal framework.

Investigating judge as a new figure in the Kyrgyz Republic criminal procedure

2020 ◽  
Vol 2020 (3) ◽  
pp. 140-147
Author(s):  
Sof'ya Shestakova ◽  
Uulzhan Imanalieva
Keyword(s):  
Criminal Procedure ◽  
Comparative Perspective ◽  
Kyrgyz Republic ◽  
Trial Procedure ◽  
Judicial Control ◽  
Legal Model ◽  
Integral Element ◽  
The Right ◽  
Conceptual Foundations ◽  
Former Soviet Republics

The article iis devoted to the research of the institution of investigative judge introduced into the criminal procedure of the Kyrgyz Republic in 2019. The authors analyze the conceptual foundations of this institution, its procedural significance, as well as the legal model under Kyrgyz legislation in its comparative perspective with the legislation of Germany and some former Soviet republics. Two main achievements: the organizational and functional isolation of an investigating judge during the criminal procedure and granting them the power of deposition are seen by the authors as advantages of the Kyrgyz model of the institution of an investigative judge. The former is aimed at guaranteeing the objectivity, impartiality and neutrality of the judge considering the case on the merits, who is discharged judicial control in pre-trial procedure nowadays. The latter is aimed at implementing for the prosecution and defense the right to be equal parties of procedural opportunities to participate in evidence as an integral element of the adversarial principle.

scholarly journals Teleworking: A New Reality Conditioned by the Right to Privacy

Laws ◽  
2021 ◽  
Vol 10 (3) ◽  
pp. 64
Author(s):  
Carlos Arroyo-Abad
Keyword(s):  
New Technologies ◽  
Legal Framework ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Work From Home ◽  
Provision Of Services ◽  
The Right

Faced with protecting the right to privacy and, with it, the inviolability of homes, the development of new technologies and the possibility of developing work from home has opened the door to a series of new conflicts that require us to provide a specific legal framework by which such situations can be addressed. In the Spanish case, we speak of Law 10/2021 from 9 July on remote working. The objective of this study is to assess the scope as well as the problems that this law generates during its application, regarding controlling the provision of services. However, we not only identify the incidental factors, but also provide a necessary reinterpretation of the right to privacy from the perspective of the inviolability of homes, especially when its current articulation may operate to the detriment of employees’ rights, as contradictory as this may seem.

scholarly journals Mealtime Care for People With Dementia: What Do Nursing Home Staff Think?

2020 ◽  
Vol 4 (Supplement_1) ◽  
pp. 182-183
Author(s):  
James Faraday ◽  
Clare Abley ◽  
Catherine Exley ◽  
Joanne Patterson
Keyword(s):  
Nursing Homes ◽  
Ethnographic Study ◽  
Direct Care ◽  
Care Staff ◽  
Direct Care Staff ◽  
Structured Interviews ◽  
Staff Members ◽  
People With Dementia ◽  
Comparison Approach ◽  
The Right

Abstract More and more people with dementia are living in nursing homes (NH). Often, they depend on NH staff for help with eating and drinking. It is important that staff have the skills and support they need to provide good care at mealtimes. This qualitative study explores mealtime care for people with dementia, from the perspective of NH staff. Semi-structured interviews with NH staff (n=16) were carried out in two nursing homes. The homes were chosen to have diverse characteristics: one home had a large number of beds and was part of a small local organization; the other had a small number of beds and was part of a large national organization. Various staff members were interviewed, including direct care staff, senior carers, nurses, managers, and kitchen staff. Interviews were audio-recorded and transcribed verbatim. A constant comparison approach was taken, so that data from early interviews were explored in more depth subsequently. From the analysis, five themes emerged as important in mealtime care for people with dementia living in nursing homes: Setting the right tone; Working well as a team; Knowing the residents; Promoting autonomy and independence; Gently persevering. This work forms part of a larger ethnographic study on the topic, which includes data from residents with dementia, and family carers. Results will inform the development of a staff training intervention to optimize mealtime care for this population.

scholarly journals Company Changing Status and Its Linking to Competitiveness

2015 ◽  
Vol 53 (1) ◽  
pp. 1-17
Author(s):  
Dragana Radenković-Jocić ◽  
Ivan Barun
Keyword(s):  
Mergers And Acquisitions ◽  
Legal Framework ◽  
Decision Makers ◽  
Economic Activities ◽  
Economic Interests ◽  
Eu Legislation ◽  
The Republic ◽  
The Right ◽  
A Company ◽  
The Eu

Abstract The authors present the issues and challenges related to the changes in status of a company and its impact on competitiveness. Status changes of companies, mostly mergers and acquisitions of companies, are one of the ways in which capital owners and management direct economic activities with the aim of maximizing profits. In order to make the right and justified decision, in terms of achieving the economic interests of the company, it is essential to know the laws and regulations in this area. This paper should provide answers on various questions which will be presented to decision makers in every company, considering status changes. Bearing in mind that the question of status changes often associated with an international element, the authors will pay special attention on the EU legislation and current legal framework in the Republic of Serbia.

Professional Retraining in the Staffing System for the Mining Enterprises

2021 ◽  
pp. 79-84
Author(s):  
O.I. Kazanin ◽  
◽  
M.A. Marinin ◽  
A.M. Blinov ◽  
◽  
...  
Keyword(s):  
Professional Education ◽  
Work Experience ◽  
Basic Education ◽  
Integrated Approach ◽  
Legal Framework ◽  
Industrial Safety ◽  
Number Of Factors ◽  
The Right ◽  
Additional Education ◽  
Engineering Personnel

The issues are considered related to providing mining enterprises with the engineering personnel capable of managing mining and blasting operations. At present, not all the mining enterprises have a full staff of specialists and managers who are legally entitled to manage mining and blasting operations. Some employees who previously had such a right, after changes in the legal framework, ceased to meet the new requirements. The analysis is presented concerning the competencies required to perform these production functions, as well as educational programs that allow acquiring these competencies. The importance of professional retraining programs for solving these problems and the imperfection of the modern regulatory framework, which practically excludes the possibility of obtaining the right to manage mining and blasting operations, even after professional retraining for persons with a higher technical education in a non-mining profile, are shown in the article. An integrated approach is proposed for resolving the issues of the admissibility of obtaining the right to manage mining and blasting operations by these persons considering a number of factors: basic education, work experience and positions held at a mining enterprise, completed training in programs of additional education and professional retraining. Such programs should be developed and implemented by the organizations with experience in training mining engineers and having a license from Rosobrnadzor for the right to implement programs not only for additional professional education, but also for higher professional mining education. The need is substantiated in developing professional standards for managers of mining and blasting operations at the enterprises for the extraction of solid minerals. Recommendations were developed for amending the federal rules and regulations in the field of industrial safety in order to ensure the possibility of using professional retraining programs for training and final certification of the managers of mining and blasting operations.

Denmark: experience of market turnover of agricultural land

Ekonomika APK ◽  
2021 ◽  
Vol 317 (3) ◽  
pp. 89-96
Author(s):  
Ihor Yurchenko
Keyword(s):  
Structural Model ◽  
Agricultural Land ◽  
Legal Framework ◽  
Empirical Method ◽  
Practical Significance ◽  
Agricultural Lands ◽  
Logical Scheme ◽  
Logical Method ◽  
Danish Experience ◽  
The Right

The purpose of the article is to reveal the experience of the functioning of the market circulation of agricultural land in Denmark, in order to further implement in Ukrainian practice, the positive and avoid negative aspects of this experience. Research methods. The study used an empirical method (comprehensive assessment of the modern model of market turnover of agricultural land in Denmark); generalization and systematization (construction of the concept and logical-structural model of economic turnover of lands); abstract-logical method (theoretical generalizations and formulation of conclusions). Research results. It was found that the tightly regulated market turnover of agricultural land in Denmark was changed to a more liberal one, with permission to buy land for foreigners, but this not only did not attract investment as expected, but on the contrary, led to even more negative and crisis phenomena in country. The main tools, mechanisms and conditions of land turnover in agriculture of this country are determined. Scientific novelty. The main purpose of regulating the market turnover of land in Danish agriculture has been established. The legal framework of Denmark for regulating the market circulation of agricultural land has been studied. The structural and logical scheme of market circulation of agricultural lands is formed. The provisions on the Ukrainian model of regulating the market turnover of agricultural lands were further developed, taking into account the experience of the studied country. Practical significance. The results of the study of the experience of the Kingdom of Denmark on the market turnover of land, in terms of granting non-residents access to the right to purchase agricultural land, is a clear practical answer and a caveat that should undoubtedly be taken into account in Ukraine. The application of the Danish experience should help to build an effective model of market turnover of agricultural land in our country. Tabl.: 1. Figs.: 1. Refs.: 18.

Saving Jobs, Promoting Democracy: Worker Co-Operatives

2013 ◽  
Vol 21 (2) ◽  
pp. 103-115 ◽  
Author(s):  
Stephen Nolan ◽  
Eleonore Perrin Massebiaux ◽  
Tomas Gorman
Keyword(s):  
Leadership Training ◽  
Social Order ◽  
Market Research ◽  
Legal Framework ◽  
Current Debate ◽  
Political Struggle ◽  
Economic Relations ◽  
The Right ◽  
Existing Form ◽  
North And South

The article examines transformative alternatives that may offer pathways to a more participative, sustainable and equitable social order. It focuses on one form of alternative, worker-owned co-operatives, and argues this existing form of democratic and economic relations has already proven capacity to generate more equitable socio-economic outcomes and residual social capital. The worker-owned model islocated within an ideological framework that focuses on the inherent democratising principles of their praxis that can in the right circumstances underpin firm strategic foundations for radical social change. It examines the development of worker-owned co-ops in Ireland north and south and the obstacles that need to be overcome to make these a more feasible and common form of economic ownership. Reflecting on the current debate in Ireland it argues such co-ops cannot work effectively without a secure legal framework governing their status and softer supports including entrepreneurship development, leadership training, market research, accessing loan finance and grant aid, inter-cooperative networking and federation building. The article poses workers' co-operatives as sites of political struggle and consciousness, expressed in co-operatives' core values including sovereignty of labour, the subordinate nature of capital, democracy, inter-cooperation and sustainability, and in tangible democratic experiences and transformative praxis.

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