scholarly journals Succession of Digital Goods. A Comparative Legal Study

2021 ◽  
Vol 47 (4) ◽  
pp. 67-81
Author(s):  
Mariusz Fras
Keyword(s):  
Technological Development ◽  
Civil Code ◽  
Comparative Perspective ◽  
Internet Services ◽  
European Perspective ◽  
Legal Systems ◽  
Digital Goods ◽  
Legal Study ◽  
European Legislation ◽  
Digital Contents

The purpose of this article is to present possible solutions to the problem of access to digital contents left by a deceased user of Internet services under different European legal systems. Discussion of this issue from a comparative perspective will allow the drawing of general conclusions about the direction de lege lata in which European legislation is heading. In my opinion there should be dedicated legal provisons introduced into the polish civil code which would pertain to digital goods. This would also facilitate the harmonization of inheritance matters in a European perspective. Technological development requires amending the civil code to fit changing reality.

A European Perspective on Religion and Welfare: Contrasts and Commonalities

2012 ◽  
Vol 11 (4) ◽  
pp. 589-599 ◽  
Author(s):  
Grace Davie
Keyword(s):  
Social Policy ◽  
The State ◽  
Comparative Perspective ◽  
European Perspective ◽  
The Third ◽  
Effective Delivery ◽  
Delivery Of Services ◽  
Do So ◽  
West European

This article places the British material on religion and social policy in a comparative perspective. In order to do so, it introduces a recently completed project on welfare and religion in eight European societies, entitled ‘Welfare and Religion in a European Perspective’. Theoretically it draws on the work of two key thinkers: Gøsta Esping-Andersen and David Martin. The third section elaborates the argument: all West European societies are faced with the same dilemmas regarding the provision of welfare and all of them are considering alternatives to the state for the effective delivery of services. These alternatives include the churches.

Part 2 National and Regional Reports, Part 2.2 Asia: Coordinated by Yuko Nishitani and Béligh Elbalti, 36 South Caucasus: South Caucasian Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Kupelyants Hayk
Keyword(s):  
International Law ◽  
Civil Code ◽  
Soft Law ◽  
Private International Law ◽  
Legal Systems ◽  
The South ◽  
South Caucasus ◽  
Customary International Law ◽  
The Hague

This chapter explores South Caucasian perspectives on the Hague Principles. The rules of private international law in all three South Caucasian countries—Armenia, Georgia, and Azerbaijan—are primarily contained in statutes: the Chapter of Private International Law in Armenia (1998) and separate statutes on Private International Law in Azerbaijan (2000) and Georgia (1998). Article 1253(1) of the Armenian Civil Code and Article 1(2) of the Azerbaijani Act provides that the courts may apply international customs in the area of private international law. In so far as the Hague Principles amount to or eventually crystallize into customary international law, the courts may give effect to the Hague Principles in that manner. Before that happens, there is nothing in the legal systems of either of the three jurisdictions preventing the courts from citing for explanatory and persuasive reasons soft law instruments, such as the Hague Principles. That said, stylistically the judgments of the South Caucasian jurisdictions are often drafted in a very concise and skeletal manner. Soft law instruments and commentary might influence the reasoning of the judges, but they would rarely refer to them in the text of the judgment.

Compulsory Portion in Hungary

2020 ◽  
pp. 345-365
Author(s):  
Lajos Vékás
Keyword(s):  
Civil Code ◽  
Property Law ◽  
European Law ◽  
Legal Systems ◽  
Deceased Person ◽  
The Family ◽  
Matrimonial Property Law ◽  
The Creation ◽  
The Law

Following the model of continental European law, Hungarian law introduced the compulsory portion in 1853, allowing in the closest blood-relatives to benefit from the estate of a deceased person against the testator’s wishes. In the course of the latest reform, the possible abolition (or at least limitation) of the compulsory portion was raised. However, at the time of the creation of the Civil Code of 2013 the legislator took the view that the compulsory portion had already taken root in the general legal awareness of the population and that its continuation could be justified. This view was strengthened by the fact that the majority of contemporary continental legal systems, in their quest for the protection of the family, tend to recognize a claim by the closest relatives to a compulsory portion. Traditionally in Hungarian law, the descendants and parents of the deceased were entitled to a compulsory portion in accordance with the order of intestate succession. Only since 1960 has the law also recognized the spouse as a person entitled to a compulsory portion. Previously the approach was that the spouse should be compensated through the rules of matrimonial property law and intestate succession. Since 2009 registered partners have been put in the same position as a spouse. Until 2014, the extent of the compulsory portion was one-half of the intestate share of the person entitled to a compulsory portion; today it is one-third.

Droit islamique et droits de l’homme: Les controverses doctrinales en islam sunnite et shi’ite depuis la Déclaration universelle de 1948

2019 ◽  
Vol 59 (2) ◽  
pp. 127-170
Author(s):  
Constance Arminjon
Keyword(s):  
Human Rights ◽  
Universal Declaration ◽  
Comparative Perspective ◽  
Legal Systems ◽  
Legal Tradition ◽  
Legal Thought

AbstractIn a comparative perspective, this article analyses the doctrinal debates that arose in Sunni and Shi’ite Islam after the adoption of the Universal Declaration of Human Rights in 1948. During a couple of decades this text hardly brought about any response in Islam. From the 1980s onwards, an increasing number of prominent thinkers started confronting their legal tradition to that from which human rights derive. While comparing both legal systems, they contribute to major and contrasting developments in contemporary Islamic legal thought.

scholarly journals Conflict between Children’s Autonomy and Protection in Healthcare. Comparative Study between Spanish and Belgian Law

2019 ◽  
Vol 26 (4) ◽  
pp. 289-307
Author(s):  
Leyre Elizari Urtasun
Keyword(s):  
Comparative Study ◽  
Children And Adolescents ◽  
Medical Intervention ◽  
Comparative Perspective ◽  
Legal Systems

Abstract This article addresses the autonomy of children and adolescents in healthcare decisions, focusing on those ones that might entail a risk to the child’s life or health, especially when a medical intervention is refused. In these cases, a conflict between the recognition of the autonomy of the child and his or her protection arises, and various legal systems solve it in different ways. This study examines this issue from a comparative perspective between Belgian and Spanish laws, taking into account that the latter was rewritten in 2015 to leave out all underage patients’ decisions that could constitute a risk for their life or health.

The Reform of the French Civil Code at a Distance: an International and Comparative Perspective

2017 ◽  
Vol 13 (4) ◽  
Author(s):  
Horatia Muir Watt
Keyword(s):  
Contract Law ◽  
Civil Code ◽  
Comparative Perspective

AbstractAn outlyer’s view of this very interesting reform raises several issues from an international and comparative perspective. One may be the link established here between form and substance, of particular relevance in contract law; another could be the reach and scope of the new provisions as intended by the drafters, given their aim to capture new forms of contracting; and a third questions the method used to integrate foreign and European developments, with a view to widen the horizons of the reform.

scholarly journals Remedies to Fraud in Documentary Letters of Credit: A Comparative Perspective / Opravné Opatrenia Pri Podvodoch S Dokumentárnymi Akreditívami: Komparatívna Perspektíva

2016 ◽  
Vol 5 (1) ◽  
pp. 1-13
Author(s):  
Hamed Alavi
Keyword(s):  
International Trade ◽  
Legal System ◽  
Current Paper ◽  
Comparative Perspective ◽  
Legal Systems ◽  
Letters Of Credit ◽  
Legal Frameworks ◽  
American Legal System ◽  
Article 5

Abstract Article 4 of the Unified Customs and Practices of Documentary Letters of Credit establishes the notion of autonomy principle by separating credit from underlying contract between account party and beneficiary. Article 5 by recognizing the autonomy principle confirms that effectuate the payment under credit, banks only deal with documents and not with goods. As a result, while documentary letters of credit are meant to facilitate the process of international trade, their sole dependency on compliance of presented documents to bank by beneficiary to actualize the payment will increase the risk of fraud and forgery in the course of their operation. Interestingly, UCP (currently UCP600) takes a silent status regarding the problem of fraud in international LC operation and leaves the ground open for national laws to provide remedies to affected parties by fraudulent beneficiary. National Laws have different approaches to the problem of fraud in general and fraud in international LC operation in particular which makes the access of affected parties to possible remedies complicated and difficult. Current paper tries to find answer to the questions of (i) what available remedies are provided to affected parties in international LC fraud by different legal systems? (ii) And what are conditions for benefiting from such remedies under different legal systems? In achieving its objective, paper will be divided in two main parts to study remedies provided by intentional legal frameworks as well as the ones offered by national laws. Part one will study the position of UCP and UNCITRAL Convention on Independent Guarantees and Standby Letters of Credit (UNCITRAL Convention) and remedies, which they provide to LC fraud in international trade. Part two in contrary will study available remedies to LC fraud and condition for access them under English and American legal system.

Social Expectations in the Criminal Law: The "Reasonable Person" in a Comparative Perspective

2008 ◽  
Vol 11 (1) ◽  
pp. 1-32 ◽  
Author(s):  
Tatjana Höörnle
Keyword(s):  
Criminal Law ◽  
Personal Responsibility ◽  
Comparative Perspective ◽  
Social Expectations ◽  
Legal Systems ◽  
Reasonable Person ◽  
The Individual

The "reasonable person" plays an important role in English and American criminal law, but not in German criminal law. The comparative view yields a number of differences (for example, with respect to negligent crimes, errors about justifying circumstances, and excuses like duress). Besides analyzing such differences, the article examines the legitimate role of social expectations in criminal law (which stand behind references to the "reasonable person") beyond the details of different legal systems. It concludes that one must distinguish judgments about wrongdoing from judgments about personal responsibility. The former are shaped by social expectations, while personal responsibility needs to be evaluated with a view to the individual offender.

scholarly journals A Brief Assessment of the Main Commercial Contracts under the New Romanian Civil Code

2020 ◽  
Vol 20 (2) ◽  
pp. 274-289
Author(s):  
Dan Velicu
Keyword(s):  
European Union ◽  
Civil Code ◽  
Private Law ◽  
Legal Systems ◽  
The European Union ◽  
Short Article ◽  
Brief Assessment ◽  
Commercial Code ◽  
New Institutions ◽  
General Regulation

Summary From 2011 Romania has a new Civil Code. Although the government’s initiative was to unify the private law according to the model of the Italian Civil Code of 1942 by repealing the Commercial Code of 1887, the new Civil Code only succeeded in putting together civil rules and commercial rules, the latter being relocated from the former Commercial Code. Obviously, an exhaustive analysis of the new Civil Code is impossible in the frame of a short article. That’s why the author of this study tries to evaluate the new Civil Code regulation by focusing on the main commercial contracts. Some general civil rules that are traditionally applied for centuries in most of the European continental legal systems (e.g. ownership concept, warranty for defects, the buyer’s duty to pay the price etc) will be premeditatedly neglected or just shortly approached. The commercial contracts are very important in the field of the international commercial relations – even between the borders of the European Union –, when in many cases the parties agree that the national law will govern the contract. The goal of the study is to offer a brief commentary on the new institutions together with a comparative presentation of the general regulation of the main commercial agreements.

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