scholarly journals COMMON LAW IN MEDIEVAL HUNGARIAN SOURCES

THE BULLETIN ◽  
2021 ◽  
Vol 3 (391) ◽  
pp. 159-164
Author(s):  
O.A. Plotskaya
Keyword(s):  
Common Law ◽  
Legal Aspects ◽  
Customary Law ◽  
Medieval Period ◽  
Cultural Worldview ◽  
European State ◽  
Legal Space ◽  
Hungarian State ◽  
Cultural Components ◽  
Comprehensive Study

This work examines the issues of consolidation of customary law in medieval Hungarian sources. The relevance of the study of customary law as the most important part of the socio-normative culture and the traditional legal regulator, normatively fixing ethnic identity, expressed not only in the national-cultural worldview, but also in the written medieval Hungarian sources that operated for many centuries, starting from the origins of the creation of the Hungarian state until the beginning of the XVI century, no doubt. The aim of the work is to study customary law, its institutions in the sources of law of medieval Hungary. The novelty of the research lies in the fact that it analyzes the empirical historical and legal material, which makes it possible to identify the institutions of customary law in the medieval Magyar sources of law. In a comprehensive study of customary legal aspects, in Hungarian sources of law, it is important to be guided not only by the formational approach, which makes it possible to understand the changes that took place in the medieval period, during the emergence and development of feudal relations in the Western European state, but also by the civilizational approach, revealing the historical, political, socio-cultural components of the feudal Christian state. The methodological basis of this research is formed by a system of cognitive methods developed by various modern sciences. Thanks to the application of the systemic method, the customary law of the Hungarian people is important to consider as an element of the legal space of Hungary as a Central European state. The study shows that the Hungarians had a law as their initial act. Many Hungarian customs and customary legal institutions found their fixation precisely in written sources of law.

scholarly journals The Position of Women's Heritage Rights in the Context of Islamic Heritage in Indigenous Mandailing in Sipirok District, Tapanuli Selatan Regency

2020 ◽  
Vol 3 (1) ◽  
pp. 531-539
Author(s):  
Muhammad Yusuf Siregar ◽  
Risdalina Risdalina ◽  
Sriono Sriono
Keyword(s):  
Islamic Law ◽  
Legal Aspects ◽  
Customary Law ◽  
Legal Basis ◽  
Inheritance Law ◽  
The Republic ◽  
The Right ◽  
To Receive ◽  
Inheritance Laws

This study aims to analyze the legal aspects of the Position of Inheritance Rights of Girls in the Context of Islamic Inheritance in Indigenous Mandailing in Sipirok District, South Tapanuli Regency. This research is empirical normative namely research by looking at existing conditions in the field by linking the source of Islamic Law and the legal source of Regulations in force in the Republic of Indonesia. The benefits to be received from the results of this study are to determine the Position of Inheritance of Girls in the Context of Islamic Law and Regulations in Indonesia and the Position of Inheritance of Girls in the Context of Islamic Inheritance in Mandailing Customs in Sipirok District, South Tapanuli Regency, the results of the study stated that In Islamic Inheritance Law strongly recognizes the position of the daughter in receiving inheritance with a strong legal basis in accordance with the al-Qur’an. In Islamic Inheritance Laws, a daughter has a position as Nasabiyah's heir so that she has the right to receive inheritance. In the Mandailing customary inheritance law in Sipirok Mandailing Natal, the position of a daughter is considered as an heir when a male heir is found, but if the girl is a mere woman, the woman is not entitled to inheritance from her parents. The distribution of inheritance in the Mandailing Inheritance law in Sipirok Mandailing Natal uses local customary law, as a basis for the distribution of inheritance which is still being realized in the Community.

scholarly journals Perspectives of use of a trust fund as a form of investment under legal and economic conditions of the financial market in the Slovak Republic

2018 ◽  
Vol 2 (2) ◽  
pp. 149-154
Author(s):  
Maroš Katkovčin
Keyword(s):  
Financial Market ◽  
Slovak Republic ◽  
Common Law ◽  
Legal Aspects ◽  
Legal Order ◽  
Economic Conditions ◽  
Trust Fund ◽  
The Czech Republic ◽  
Potential Form ◽  
The Comparative Study

An institute of a trust fund is not de lege lata in the legal conditions of the Slovak Republic regulated by law. This article focuses on the analysis of perspectives of use of the trust fund as a potential form of investment under specific legal and economic conditions of the financial market in the Slovak Republic in a context of prospected recodification of the Civil Code. The analysis is based on the comparative study of transformation of the traditional common law legal system institute ofthe trust fund into the legal order of the Czech Republic with particular focus on its use as a form of investment. The author identifies potentially problematic legal aspects of enactment of the pertinent institute to the legal order of the Slovak Republic and presents his views on potential of the trust fund to be used as a collective investment scheme.

SOCIAL WELFARE OF MIGRANT WORKERS IN THE EU: COMPARATIVE MODELS IN THE CONTEXT OF THE LEGAL INTEGRATION SYSTEM OF THE EAEU STATES

2021 ◽  
pp. 115-124
Author(s):  
Dmitry V. Agashev ◽  
◽  
Sergey G. Trifonov ◽  
Kristine V. Trifonova ◽  
◽  
...  
Keyword(s):  
Social Policy ◽  
Social Welfare ◽  
Migrant Workers ◽  
Legal Aspects ◽  
Current State ◽  
The Social ◽  
Security Relations ◽  
Legal Space ◽  
The Difference ◽  
The Eu

The article assesses the EU legal system as a unique institutional unit and highlights its features. It deals with the comparative legal aspects of the regulation of the social welfare of migrant workers in the EU and the EAEU. Attention is paid to the study of legislation on social welfare for migrant workers in the EU, as well as the possibility of realizing the experi-ence accumulated within the EAEU. It is emphasized that the use of comparative models con-cerning the social welfare of migrant workers in the EU and the EAEU can be productive, taking into account the analysis of the state and dynamics of the EU's legal policy in its historical development. The authors have analyzed the historical stages reflecting the difference within the EU approaches to the regulation of social welfare relations for migrant workers. The emphasis is on the role of EU administrative institutions, which provide a balancing approach to the key principles and social policy settings, due to the desire to eliminate distortions and possible conflicts between the norms of states. At the same time, EU members have the competence within the existing common standards of financial security obligations to expand the estab-lished standards and this makes the EU's social policy geographically differentiated. It is noted that the allied states, formed on trade and economic grounds, such as the EU and the EAEU, are characterized by an objective desire for a single legal space, with the uni-fication of approaches on the social welfare of migrant workers throughout the Union. Never-theless, in complex interstate unions, it is impossible to abandon the principle of multi-level regulation of social and security relations, and in this sense, the situation in the EU and the EAEU is quite similar. The current state of EU law in terms of regulating the relations under consideration largely preserves national legal regimes, and each of them, through its special legal means, determines a different amount of social rights of migrant workers. In the context of the EAEU, a similar approach should not be considered productive, since it does not contribute to the goals of this interstate association, defined by Article 4 of the Treaty on its creation. Therefore, within the framework of the EAEU, it is advisable to fix as early as possible the uniform standards in the area of social welfare of migrant workers, estab-lishing a relatively narrow range of powers of the member states of the Union.

Family Provision in New Zealand and Australia

2020 ◽  
pp. 450-476
Author(s):  
Nicola Peart ◽  
Prue Vines
Keyword(s):  
New Zealand ◽  
Common Law ◽  
Customary Law ◽  
Indigenous Populations ◽  
Sex Partners ◽  
Same Sex ◽  
Her Family ◽  
Reproductive Techniques ◽  
The Common ◽  
Over Time

New Zealand and Australia are named in that order in the title because New Zealand was the first to develop the discretionary family provision jurisdiction, in 1900, that now applies in New Zealand, Australia, and much of the common law world. This allows courts to make awards to family members from the estate of the deceased. Originally benefitting only the surviving spouse and children, family provision has extended the rules of eligibility in line with changes in the meaning of ‘family’. So as well as spouses, claims can also, in many of the Australasian jurisdictions, be made by civil partners, cohabitants, and same-sex partners. Most jurisdictions have also broadened the class of eligible children to include grandchildren and stepchildren who were being maintained by the deceased as well as children born of new reproductive techniques. Both New Zealand and Australia have significant indigenous populations and their eligibility to claim family provision is modified to accord with their customary law. Over time, the courts have adopted a much broader view of a deceased’s ‘moral duty’ to his or her family, particularly in regard to claims by adult children. The size of awards has increased correspondingly. The chapter discusses this development, as well as the increasing relevance of Indigenous customary law and how the courts deal with disentitling conduct. In view of the greatly expanded scope of family provision in New Zealand and Australia, testamentary freedom may be only an illusion in these jurisdictions.

Tanzanian Criminal Law

2020 ◽  
pp. 112-116
Author(s):  
Peter H. Reid
Keyword(s):  
Death Penalty ◽  
Criminal Law ◽  
Common Law ◽  
Penal Code ◽  
Customary Law ◽  
Evidence Code ◽  
British Colony ◽  
British Colonial ◽  
Civil Codes ◽  
Procedure Codes

“If a Person is convicted of murder, the death penalty is obligatory.” Although Tanzanian criminal law is derived from the British colonial legal system, by the time of trial changes had been made. The Indian Codes—that is, Penal Code, Evidence Code, and certain civil codes—had been developed starting in the mid-1820s by legal scholars in England. These scholar took the unwritten common law of England and produced coherent, consistent codes to be used in the British colony of India. The Indian Codes were adopted in East Africa, including Tanganyika, in the early 1920s. This chapter describes the criminal law applicable to the Bill Kinsey case, including the interplay of customary law with the colonial-based evidence, criminal, and criminal procedure codes.

Legal aspects of fitness for work

2013 ◽  
pp. 21-41
Author(s):  
Gillian S. Howard
Keyword(s):  
Human Rights ◽  
Common Law ◽  
Legal Aspects ◽  
Employment Law ◽  
England And Wales ◽  
Law System ◽  
Lower Courts ◽  
The Common ◽  
The Uk ◽  
The Right

The English legal system is based on the common law. The common law system in England and Wales developed from the decisions of judges whose rulings over the centuries have created precedents for other courts to follow and these decisions were based on the ‘custom and practice of the Realm’. The system of binding precedent means that any decision of the Supreme Court—the new name for the former House of Lords (the highest court in the UK)—will bind all the lower courts, unless the lower courts are able to distinguish the facts of the current case and argue that the previous binding decision cannot apply, because of differences in the facts of the two cases. However, since the UK joined the European Union (EU), the decisions of the European Court of Justice (ECJ) now supersede any decisions of the domestic courts and require the English national courts to follow its decisions. (Scotland has a system based on Dutch Roman law, and some procedural differences although no fundamental differences in relation to employment law.) The Human Rights Act 1998 became law in England and Wales in 2000 (and in Scotland in 1998) in order to incorporate the provisions of the European Convention on Human Rights into UK law. The two most important Articles applicable to employment law are Article 8(1), the right to respect for privacy, family life, and correspondence, and Article 6, the right to a fair trial.

African Conference on Local Courts and Customary Law

1963 ◽  
Vol 1 (4) ◽  
pp. 537-539 ◽  
Author(s):  
Jacob O. Ibik
Keyword(s):  
Sierra Leone ◽  
Islamic Law ◽  
Common Law ◽  
Dar Es Salaam ◽  
Secretary General ◽  
Customary Law ◽  
African Countries ◽  
Local Courts ◽  
The Government ◽  
The University

This conference was sponsored jointly by the Government of Tanganyika and the University College, Dar es Salaam, and was financed by the Ford Foundation. It was attended by delegates from African countries, some of whose legal systems have been influenced by common law, some by European civil law or Islamic law. Official representatives came from Ethiopia, Ghana, the Ivory, Coast, Nigeria, Northern Rhodesia, Nyasaland, Sierra Leone, the Sudan, Uganda, Kenya, Tanganyika, and Zanzibar. Some celebrated authorities on Islamic law and African customary law attended as observers, and contributed a great deal to the discussions. The chairman of the conference was the Tanganyikan Minister of Justice, Sheik Amri Abedi, and the secretary general was Mr P. J. Nkambo Mugerwa of the local Faculty of Law.

scholarly journals The interface between old age psychiatry and the law

2002 ◽  
Vol 8 (4) ◽  
pp. 271-278 ◽  
Author(s):  
Brian Murray ◽  
Robin Jacoby
Keyword(s):  
Old Age ◽  
Psychiatric Care ◽  
Common Law ◽  
Civil Law ◽  
The Elderly ◽  
Legal Aspects ◽  
Northern Irish ◽  
Care For The Elderly ◽  
Old Age Psychiatry ◽  
The Uk

This article aims to provide a practical overview concentrating on civil legal aspects of psychiatric care for the elderly. We limit ourselves to English law (which also has jurisdiction in Wales; Scottish and Northern Irish law may be similar, but not identical). Civil law can, in turn, be divided into statute law (legislation provided by Parliament) and common law (the UK, unlike some European countries, has a strong tradition of law based on previous rulings by judges).

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