scholarly journals ADAT AND SHARIAH IN THE INHERITANCE LAW OF THE PEOPLES OF DAGESTAN

2020 ◽  
Vol 15 (4) ◽  
pp. 586-601
Author(s):  
Ramazan S. Abdulmajidov ◽  
Larisa K. Tuptsokova
Keyword(s):  
Real Estate ◽  
Mutual Influence ◽  
Legal Culture ◽  
Legal Systems ◽  
North Caucasus ◽  
Inheritance Law ◽  
The North ◽  
Heated Debate ◽  
A Priority ◽  
The Law

The article is devoted to the study of the interaction and mutual influence of the Adat and Sharia in the inheritance law of the peoples of Dagestan. Researchers of the legal culture of the peoples of the North Caucasus often made mistakes when considering this sphere of legal relations, in connection with which attention is drawn to the most characteristic of them. The inheritance law of the peoples of Dagestan was based on a certain symbiosis of two legal systems - adat and Sharia. In this regard, the article reveals the order of inheritance under Muslim law, analyzes the norms of inheritance law contained in the Dagestan collections of adat. Widely considered issues that caused the most heated debate, for example, depriving women of the share of real estate and the use of “Nazra” in the division of inheritance. An analysis of the norms of the adat, fixed in the Dagestan legal monuments, regulating inheritance relations, allows us to conclude that, despite the long confrontation between the adat and the Sharia in this area, the establishment of the latter was of a priority nature. Nevertheless, the socio-economic realities also predetermined the use of the norms of the law of adat, which is still the case today.

scholarly journals ON THE FORMATION OF ETHNOMEDICINE OF THE NORTH CAUCASUS PEOPLES

2022 ◽  
pp. 30-36
Author(s):  
Галина Григорьевна Тхагапсова
Keyword(s):  
Mutual Influence ◽  
Surgical Care ◽  
North Caucasus ◽  
Ancient History ◽  
The Caucasus ◽  
High Effectiveness ◽  
The North ◽  
School Of Medicine ◽  
History Of ◽  
History Of Formation

Статья посвящена истории формирования этномедицины народов Северного Кавказа. Ставится задача уточнения динамики исторического процесса относительно формирования этномедицины народов Северного Кавказа. Материалы исследований многих авторов по истории медицины подтверждают высокую эффективность лекарского искусства в оказании хирургической помощи, которую отмечали многие наблюдатели в период Кавказской войны. Несомненно, опыт лекарского искусства на Кавказе имеет весьма древнюю историю. Он накапливался эмпирическим путем и, передаваясь от отца к сыну, формировал династии лекарей, имевшие свой опыт и свои секреты врачевания. Не исключается взаимовлияние культур народов, в частности арабской медицины, которая способствовала формированию врачей традиционной арабской школы медицины. Таким образом, народных целителей можно разделить на два типа: чье лечение содержало доисламские и исламские методы. Отмечается, что именно народные лекари с доисламским опытом сопровождали войска в походах и показали высокую эффективность своих методов, получив заслуженную оценку многих врачей в годы Кавказской войны. The paper is devoted to the history of formation of ethnomedicine of the peoples of the North Caucasus. The task is to clarify the dynamics of the historical process regarding the formation of ethnomedicine of the peoples of the North Caucasus. The research materials of many authors on the history of medicine confirm the high effectiveness of medicinal art in the provision of surgical care, which was noted by many observers during the Caucasian War. Undoubtedly, the experience of medicinal art in the Caucasus has a very ancient history. It accumulated empirically and, passing from father to son, formed dynasties of doctors who had their own experience and their secrets of healing. The mutual influence of the cultures of peoples, in particular Arab medicine, which contributed to the formation of doctors of the traditional Arab school of medicine, is not excluded. Thus, folk healers can be divided into two types: whose treatment contained pre-Islamic and Islamic methods. It is noted that it was people's doctors with pre-Islamic experience who accompanied the troops on campaigns and showed the high effectiveness of their methods, having received a well-deserved assessment of many doctors during the Caucasian war.

scholarly journals Revocation of will and judicial proceedings for declaring a will ineffective under the Law on Inheritance of Serbia with reference to other contemporary European legal systems

2021 ◽  
Vol 55 (1) ◽  
pp. 143-160
Author(s):  
Jelena Vidić-Trninić
Keyword(s):  
Legal Regulation ◽  
Court Decision ◽  
Legal Systems ◽  
Inheritance Law ◽  
Judicial Proceedings ◽  
The Will ◽  
The Law ◽  
The Right ◽  
Domestic Regulation ◽  
Made In

In Serbian law, a valid will can be revoked based on the will of the testator, more precisely through the revocation of the will or based on a court decision. This paper analyzes the solutions of the Law on Inheritance of Serbia, dedicated to the mentioned ways of revoking a last will, and at the same time examines the legal regulation of that issue in other legal systems in Europe. The author finds that in the realization of the right to revoke a will, the legislation of Serbia undoubtedly affirms the freedom of will, and that in that respect, it is in principle harmonized with the legal solutions observed on European legal soil. In the aspect of the purpose for which it is prescribed, a special advantage of domestic regulation is the possibility of declaring a will ineffective through a court decision. The author further considers that certain solutions that can be found in comparative law, such as the possibility to invalidate testamentary dispositions made in favour of former spouse, could be accepted in Serbian inheritance law as well. Finally, according to the author, some existing legal solutions dedicated to the revocation of wills, need to be specified and completed de lege ferenda, in order to achieve legal certainty.

scholarly journals History of Ossetia: Lawyer View

2020 ◽  
Vol 11 ◽  
pp. 47-50
Author(s):  
Sergey R. Chedzhemov ◽  
◽  
Ruslan M. Dzidzoev ◽  
Keyword(s):  
Legal Culture ◽  
The State ◽  
Historical Study ◽  
Recent Past ◽  
North Caucasus ◽  
13Th Century ◽  
The North ◽  
Russian State ◽  
The World ◽  
History Of

The article analyzes the monograph of Professor A.M. Tsaliyev “State and Law of Ossetia: A Comparative-Historical Study” published as part of the project of Professor D. J. Shhapsugov on the creation of historical essays on the development of the institutions of the state and rights of the peoples of the North Caucasus who joined Russia in the 13th century. The authors note that the study is based on the relevance and importance of regional components of the unified history of the state and the law of a multi-ethnic Russian state, which throughout its existence was not a “prison of peoples” as it is it has been considered in the recent past, I have shown the world a model of the peaceful existence of many peoples who have practiced various religious teachings. The Russian administration acted as a guarantor of peace and carried out a great creative work to raise the level of the legal culture of the country’s population.

scholarly journals Analitical definition of the law of change in the traction resistance of the plowshare and justification of its model

2021 ◽  
Vol 285 ◽  
pp. 07030
Author(s):  
V. V. Tsybulevsky ◽  
S. G. Rudnev ◽  
A. A. Poluektov
Keyword(s):  
Pair Correlation ◽  
Spline Approximation ◽  
Theoretical Studies ◽  
North Caucasus ◽  
Forward Movement ◽  
The North ◽  
Cartesian System ◽  
Sturm Liouville ◽  
The Law ◽  
Definition Of

An analytical definition of the law of change in the traction resistance of the plowshare is proposed, and its mathematical model is justified. To confirm these theoretical studies, experiments were conducted in the soil channel of the North-Caucasus Research Institute of Horticulture and Viticulture. According to a specially developed program, solutions in numerical form were carried out on a PC. To solve this problem, we used the Fourier, Sturm-Liouville equations, transformed from the polar system to the Cartesian system. The results obtained for the first eight harmonics were processed by the spline-approximation program, and then a regression analysis was performed. The pair correlation coefficient was calculated. Based on the obtained values, a graph of the dependence of the soil layer’s movement in the transverse plane on the forward movement was constructed.

scholarly journals Land Register Entry as the Condition for Real Estate Transactions and Investments

2017 ◽  
Vol 3 (2) ◽  
pp. 161-181
Author(s):  
Marko Babić
Keyword(s):  
Real Estate ◽  
Legal Systems ◽  
Legal Certainty ◽  
Legal Tradition ◽  
Real Property ◽  
The Law ◽  
Land Register

AbstractThis article deals mostly with land registers. It demonstrates clearly what is the significance of this legal element in continental European legal systems especially those who follow Germanic legal tradition (like Croatia). As such, land registers provide legal certainty and transparency which are highly desired and valued among potential business investors. Therefore, we may rightly award it with cornerstone status within the law of real property.

A Comparative Overview of the Fair Wear and Tear Exception: the Duty of Holders of Temporary Interests to Preserve Property

2002 ◽  
Vol 6 (1) ◽  
pp. 85-100
Author(s):  
Raffaele Caterina
Keyword(s):  
Common Core ◽  
Complete Solution ◽  
Roman Law ◽  
Private Ownership ◽  
Legal Systems ◽  
Personal Rights ◽  
Wear And Tear ◽  
Long Life ◽  
The Law ◽  
The Relationship

“A system of private ownership must provide for something more sophisticated than absolute ownership of the property by one person. A property owner needs to be able to do more than own it during his lifetime and pass it on to someone else on his death.”1 Those who own things with a long life quite naturally feel the urge to deal in segments of time. Most of the owner's ambitions in respect of time can be met by the law of contract. But contract does not offer a complete solution, since contracts create only personal rights. Certain of the owner's legitimate wishes can be achieved only if the law allows them to be given effect in rem—that is, as proprietary rights. Legal systems have responded differently to the need for proprietary rights limited in time. Roman law created usufruct and other iura in re aliena; English law created different legal estates. Every system has faced similar problems. One issue has been the extent to which the holder of a limited interest should be restricted in his or her use and enjoyment in order to protect the holders of other interests in the same thing. A common core of principles regulates the relationship between those who hold temporary interests and the reversioners. For instance, every system forbids holder of the possessory interest to damage the thing arbitrarily. But other rules are more controversial. This study focuses upon the rules which do not forbid, but compel, certain courses of action.

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