scholarly journals Legal Status of Minor Testator’s Parents Deprived of Parental Authority in Intestate Succession. Some Remarks on the Solutions in Polish, Russian, and Italian Law

2021 ◽  
Vol 47 (4) ◽  
pp. 107-134
Author(s):  
Hanna Witczak
Keyword(s):  
Legal Status ◽  
Parental Authority ◽  
Legal Systems ◽  
Family Ties ◽  
Italian Law ◽  
Parental Obligations ◽  
Legal Situation ◽  
Polish Law ◽  
The Right ◽  
A Minor

The legal situation of minor testator’s parents in intestate succession poses a significant legal and social problem. In Polish law, parents who have been deprived of parental authority continue to enjoy their civil-law status; in other words, they maintain the right to inherit from their child under statute. Meanwhile, the reasons for which the court applied the strictest possible “sanction” in the form of deprivation of authority of parents who, in exercising their rights under parental authority, seriously violated the child’s interest or grossly neglected parental obligations, which is noticeable even to an ordinary bystander, seem to be sufficient “proof” that family ties, which are decisive for the statutory title to inherit, do not exist. If these ties are severed or seriously disrupted, the consequences should be seen in all areas of life. Simply put, persons who deliberately break apart the family should not enjoy the advantages that the law provides for testator’s closest relatives. In such a case, to consider the effect of deprivation of parental authority by “releasing” its holders from any obligation towards the child may not be considered a sufficient civil sanction, especially given that in the vast majority of cases, the reason for such deprivation is gross neglect of parental duties by one or both parents. The consequences of this type of negligence should also, if not primarily, consist in the deprivation of pecuniary benefits that the parents of a minor could enjoy after his or her death. The current legal solutions governing this area undoubtedly need to be revised. Such imperfect normative solutions adopted in Polish law prove the need to propose de lege ferenda recommendations. In this context, it is worthwhile to have a look at the normative solutions adopted in foreign legal systems and whether they can be grafted on Polish law. The reference to the Russian and Italian legal systems seems particularly recommendable due to the fact that their normative solutions directly allude to the institution of deprivation of parental authority in the context of admissibility of the title to inherit.

scholarly journals Odrębność wydziałów kościelnych Uniwersytetu Kardynała Stefana Wyszyńskiego w Warszawie w świetle prawa kanonicznego

2009 ◽  
Vol 52 (1-2) ◽  
pp. 85-113
Author(s):  
Arkadiusz Domaszk
Keyword(s):  
Canon Law ◽  
Legal Status ◽  
Public University ◽  
Catholic Theology ◽  
The Public ◽  
Law Faculty ◽  
Polish Law ◽  
The Right ◽  
The Mind ◽  
The University

The public University of the Cardinal Stefan Wyszynski in Warsaw (UKSW) came into being from the transformation in 1999 from the ecclesiastical college – Academy of the Catholic Theology. The statutes UKSW bases the activity of the University on Polish right, also that within the framework of UKSW are the place for ecclesiastical faculties: The Faculty of the Theology, The Canon Law Faculty and the Faculty of the Christian Philosophy. The originality of these faculties gets out of their directing on the Christian Revelation and the realization of the evangelization mission on the scientific ground. A second factor distinctive from other faculties UKSW is the dependence from the canonical right, at the simultaneous observance of the Polish law. The article showed that three church faculties UKSW kept their own canonical status. This legal status confirm records of the law the Right about the higher educational system (2005 year). Ecclesiastical faculties UKSW in Warsaw compose the perfect foot-bridge for the dialogue between the faith and the mind. Across their own investigative space fill up research of other sciences with which determine universitas. These departments are an important part of the University.

Parental legal authority to determine and change the name, patronymic and surname of children: continuity of approaches in the Soviet and Russian legal systems

2021 ◽  
Vol 2021 (1) ◽  
pp. 78-87
Author(s):  
Nataliya Burdanova
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Family Law ◽  
Parental Authority ◽  
Legal Authority ◽  
Russian History ◽  
Judicial Practice ◽  
Parents And Children ◽  
Legal Situation ◽  
History Of

Using the example of parental powers to determine and change the name, patronymic and surname of children, the article examines the regularity of the formation and development of the institution of personal non-property rights and responsibilities of parents in Russia. The author describes the legal situation of parents and children established in the monarchic period of Russian history by 1917. Issues such as the prerequisites for the establishment of the legal institution of the branch of family law in the Soviet legal system and the nature and causes of changes in the legal status of children depending on the legality of birth have been raised. The rights and duties of parents, differences in the legal status of men and women, and the influence of marital status and other circumstances were considered. The main sources of the study were normative legal acts and judicial practice of the Soviet and Russian periods of the history of the national state and law. The study concluded that a comprehensive approach had been developed in Soviet family law to regulate parental authority to determine and change the children’s first name, patronymic and surname. The modern Russian legal system has adopted rules establishing parental authority to determine and change the children’s first name, patronymic and surname of the Soviet legal system.

scholarly journals Rights of underage patients

2021 ◽  
Vol 5 (S1) ◽  
pp. 1195-1202
Author(s):  
Zamira Asrarovna Akhmetianova ◽  
Geliusa Khadievna Garaeva ◽  
Olga Nikolaevna Nizamieva ◽  
Farda Ildarovna Khamidullina
Keyword(s):  
Medical Care ◽  
Legal Status ◽  
Medical Intervention ◽  
Drug Addicts ◽  
Legal Capacity ◽  
The Russian Federation ◽  
Right To Information ◽  
The Right ◽  
A Minor ◽  
The Relationship

The right of Russian citizens to their health protection is enshrined in the Constitution of the Russian Federation. However, there are peculiarities of the exercise of this right by a minor category of patients. The article analyzes the legal status of a minor patient, considers his social and individual rights in medical care. The peculiarities of the exercise of the child's right to information about the state of his health are revealed, the aspects of deciding on consent or refusal from medical care are considered. Given the fact that minor patients do not have full civil legal capacity, i.e. they cannot be responsible for their health and are not able to protect themselves, the article examines the relationship between the child's right to give his consent to medical intervention with the volume of civil legal capacity, as well as the conditions for the participation of a minor in contractual relations in the field of health care. The authors analyzed peculiarities of the exercise of rights by certain categories of minor patients: those who suffer from mental disorders, orphans and children left without parental care, minors, drug addicts, etc.

scholarly journals Category «privilege»: doctrine, legislation, practice

2020 ◽  
Vol 2020 (1) ◽  
pp. 53-60
Author(s):  
Artem Repyev
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Learning Style ◽  
Legal Status ◽  
Point Of View ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Legal Situation ◽  
Approach Method ◽  
The Right

Introduction. The article is devoted to the general theoretic analysis of legal category “privilege”. The author proposes and argues the hypothesis of the perception of privilege as a form of legal advantage different from such types of this system as courtesy and immunity. The work presents essential and substantial consideration of legal privilege from the point of view of the doctrine of law, historical and modern legislation, as well as law enforcement practice. The aim is to form a view of privilege as a form of improving the legal situation of individual entities with special legal status; to propose its definition. Methodology. Historical learning style, empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Specific scientific methods: technical approach, method of interpretation of legal norms. Results. Analysis of doctrinal sources of Russian and foreign law, historical monuments of jurisprudence, modern normative legal acts and law enforcement practice has shown thatthe category of privilege is often mixed with other legal means, having an incentive or rewarding character. On the basis of the establishment of similarity and distinction elements between privilege, courtesy and immunity, aspects of their interaction and existing contradictions, the author proves the independent categorical nature of privilege, identifies its specific features, which differ from related legal phenomena. Conclusion. In both legal science (theoretical and sectoral) and the system of legislation, it is necessary to clearly distinguish the understanding and application of the legal category “privilege” by means of: establishing legal definition, unification and specifying the provisions of normative acts using backing, incentive and rewarding instrumentarium; achieving the justifiable use of evaluation categories giving the right to the privilege. The actions taken should contribute not only to improving the efficiency of public relations regulation due to the legal advantages system, but also to reducing the corruption risks associated with the granting of such “on top of ” rights, diminishing administrative barriers on receipt and realization.

scholarly journals Prerequsites for the existence of a statutory duty to provide child support to adult children in regular education under Serbian law

2014 ◽  
pp. 747-759
Author(s):  
Bojan Pajtic ◽  
Sanja Radovanovic ◽  
Marko Knezevic
Keyword(s):  
Child Support ◽  
Regular Education ◽  
Coming Of Age ◽  
Natural Extension ◽  
Personal Relationship ◽  
Parental Authority ◽  
Right To Education ◽  
Statutory Duty ◽  
The Right ◽  
A Minor

Even though parental authority ceases to exist with a child?s attainment of adulthood, or earlier if the child obtains legal capacity through emancipation, parenthood, as a personal relationship between the parent and the child, is not limited in time. In essence, it presupposes that parents take care of their children, even once the children have established their own families. This continuing support, both emotional and material, is a natural extension of their personal relationship. When this support is lacking, even though necessary, the state intervenes by providing protection (at least to some extent) in the realization of certain rights even to children who have achieved adulthood. This protection entails, above all, the right to education, since this right normally cannot be fulfilled prior to coming of age. To that end, the law establishes a duty to support a child while in regular education, even if the child is no longer a minor. The purpose of this paper is to determine the meaning of the relevant terms with regard to the existence of the duty to provide child support: regular education and obvious unfairness.

scholarly journals The Adoption of Found Child According to Islamic Law and Law No. 3 of 2006 on Religious Courts in the Perspective of Maqasid Al-Shari'ah

2021 ◽  
Vol 21 (1) ◽  
pp. 89-112
Author(s):  
Siti Muniroh ◽  
Khoiruddin Nasution
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Adoptive Parents ◽  
Adopted Child ◽  
Judicial Decisions ◽  
Education Status ◽  
Child Adoption ◽  
The Right ◽  
A Minor ◽  
Religious Courts

Islam is a religion that regulates everything in the life of Muslims. No exception in the case of adoption, the jurisdiction of the court up to the adoption of a minor. in the case of child adoption. Today, Islam applies limitations in some matters, such as the prohibition of lineage, the establishment of non-mahram relationships to the issue of inheritance and guardianship. In addition to that field, there is the authority of the judge in the Religious Court to be ijtihad to determine the best decision for the child of the findings as the extent of its authority is based on Law No. 3 of 2006 on Religious Justice. The purpose of this study is to analyze how the legal impact on the adoption status of the findings based on the rationale maqasidus syar'i and its relevance to the development of Islamic law. Research methods use the study of literature through its sources of reference through primary law, both derived from religious sources and from positive legal sources that apply in Indonesia. In addition, the researcher used jurisprudence from the relevant judicial decisions used.The results of this research are (1) through the approach of maqasid al shari'ah doruriyah that children (including children of discovery) must be protected their rights, both their right to life (an nafs) and their intellect (al aql), the right of lineage, religion, as well as paying attention to his rights, including his right to obtain the obligatory will/right of inheritance from the parents who raised him (al maal), (2) The legal impact is, the child is found as a person, he is an orphan so the religious treatment is the same as an orphan. While the adopted child then the legal status can be assessed through recognition by the adoptive parents such as the child of guardianship, then the adopted child has the right to be guarded by his adoptive parents due to the absence of a lineage guardian. (3) While the relevance to the development of Islamic law is that in maintenance (other than the issue of lineage and inheritance), then the child has the same protection and education status of both adoptive parents. There is a need for efforts from various related parties to prioritize the benefits to protect from unwanted things and save the lives of children.

scholarly journals Procedural Algorithm for Ensuring the Right a Minor Suspect or Accused to Defense in Pre-Trial Criminal Procedure

2019 ◽  
pp. 59-72
Author(s):  
Zinaida Ivanovna Koryakina
Keyword(s):  
Legal Status ◽  
Life Experience ◽  
Systems Approach ◽  
Full Range ◽  
Criminal Procedure ◽  
Legal Rights ◽  
Legal Analysis ◽  
Rights And Interests ◽  
The Right ◽  
A Minor

In terms of scientific interpretation and law-enforcement practice, Koryakina analyzes criminal procedure legislation that regulates ensuring the right to defense of a suspect or accused who haven't reached their legal age at the time of trial. The main problem here is that the procedure of pre-trial ensurance of the right to defense of a minor suspect or accused do not cover the full range of legal rights and interests as it is set forth by the Criminal Procedure Code of the Russian Federation. Thus, the legal status of a minor is equalized to the status of an individual of legal age. The aim of the research is to discover new theoretical and practical provisions about the process of ensuring the right to defense of a minor suspect or accused at the pre-trial stage of criminal procedure. The research objectives include analysis of doctrinal and regulatory ensuring the right of minors to defense as well as analysis of specific features of such process. In her research Koryakina has also used sociological, formal legal, comparative legal analysis, systems approach and modelling, historical legal and logical legal methods. In her article the author offers new provisions aimed at developing the mechanism of protection of minors' legal rights and interests taking into account not only their age but also their lack of life experience. Thus, the scientific novelty of the research is caused by the fact that the author suggests to renew the procedure of ensuring the right of minors to defense. 

scholarly journals Child as a Participant in Obligatory Legal Relations

2021 ◽  
pp. 64-72
Author(s):  
Iryna SERDECHNA
Keyword(s):  
Property Rights ◽  
Characteristic Feature ◽  
Legal Status ◽  
Civil Law ◽  
Civil Code ◽  
Unborn Child ◽  
Legal Relationship ◽  
Contractual Obligations ◽  
The Right ◽  
A Minor

It is determined that, in accordance with the provisions of civil law, the obligation is a legal relationship in which one party (debtor) is obliged to perform a certain act in favour of the second party (creditor), that is, to perform an act determined by contract or law or to refrain from a certain action, and the creditor has the right to require the debtor to fulfil its duty. The presence of a certain number of persons participating in the obligation of the entities of the obligation (creditor and debtor) is a characteristic feature of the binding legal relationship. Scientific approaches and approaches outstanding in the normative legal acts on understanding the concept of «child» have been analyzed. It is proved that in the Civil Code of Ukraine the concept of «child» is used only in some articles (part 2 of article 25, part 1 of article 35, part 3 of article 72, part 2 of article 285, part 3 of article 295, part 1.4 of article 1200 part 1 of article 1242, etc.) at the same time this category is used regarding, that is, when determining the question regarding the legal status of a conceived and unborn child, regarding the personal non-property rights of individuals, regarding the issue of compensation for harm, hereditary legal relations, etc. It is justified that civil law does not identify the concept of «child» with a person before the age of 18. The peculiarities of the child’s participation in binding legal relations, in particular in contractual and non-contractual relations, were studied. The characteristics of the child’s participation in contractual binding legal relations are defined: 1. The child is subject to contractual obligations until he or she reaches the age of 14, as he or she has the right to engage in petty domestic transactions; 2. The child may be subject to contractual obligations at the age of 14, and the scope and capacity of the child is increased; 3. The child has the same rights as other subjects of binding legal relations. 4. Obligatory legal relations involving the child arise in relation to property and personal non-property benefits; 5. Legal facts are the basis for legal relations involving the child. The legislative approach is disclosed regarding the peculiarities of the participation of the child, namely a minor and juvenile person, in non-contractual obligations, in particular in obligations for compensation for harm.

scholarly journals ‘SUPERFICIES’ – RZYMSKIE KORZENIE PRAWA ZABUDOWY

2016 ◽  
Vol 15 (1) ◽  
pp. 5
Author(s):  
Marzena Dyjakowska
Keyword(s):  
Civil Law ◽  
Roman Law ◽  
Legal Situation ◽  
The Subject ◽  
Polish Law ◽  
Draft Bill ◽  
The 1960S ◽  
The Right ◽  
Austrian Law ◽  
Bürgerliches Gesetzbuch

‘Superficies’: The Roman Origins Of The Right To Build Upon A Plot Of LandSummaryThe aim of this paper is to present the Roman origin of the right of superficies (the right to erect a building on a plot of land), which is thesubject of a bill drafted by the Polish Civil Law Codification Committee. This right is to replace the institution of perpetual usufruct, which has been extant in Polish civil law since the 1960s. Superficies has been present in many European systems of law (for example in the Bürgerliches Gesetzbuch German Civil Code of 1896, and the Austrian law of 1919). The author compares the subject and object of the right in question, the legal situation of the superficiarius and the rights of the owner of the land in Roman law and in the Polish draft bill. The main difference between the Roman superficies and the right proposed in the draft bill is the deviation from the principle of accession (superficies solo cedit): under the Polish draft bill the superficiarius will become the owner of the building. Furthermore, the Roman superficies was perpetual; in Poland it will be constructed as temporary (30-100 years). Both rights (in Roman and Polish law) share many other similarities: they are hereditary, and the superficiarius is to pay the owner of the land. The conclusion which may be drawn is that Roman institutions can still inspire the contemporary legislator.

Creditor Protection and Divisions – Did the CJEU Get It Right?

2021 ◽  
Vol 18 (4) ◽  
pp. 588-607
Author(s):  
Antigoni Alexandropoulou ◽  
Martin Winner
Keyword(s):  
Creditor Protection ◽  
Protective Measure ◽  
Legal Systems ◽  
Legal Certainty ◽  
Protective Measures ◽  
Member States ◽  
Cross Border ◽  
Ex Post ◽  
Italian Law ◽  
The Right

Abstract The CJEU’s I.G.I. decision deals with an important aspect of creditor protection in divisions. The Court holds that the actio pauliana under Italian law may be applied to divisions, notwithstanding that such a protective measure is not foreseen in art. 146 and 153 Directive 2017/1132/EU. We argue that the Directive’s ex post protective measures should be understood as fully harmonizing provisions. The decision fails to strike the right balance between the interests of all relevant stakeholders involved, especially between different groups of creditors, and unduly impairs legal certainty. However, if one takes the decision as a basis, the judgment gives Member States considerable room to introduce or maintain additional safeguards in their national legal systems. We show that national legislators should not give in to this temptation, neither for domestic nor for cross-border divisions.

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