scholarly journals ДЕЯКІ СУЧАСНІ АСПЕКТИ УЧАСТІ ДЕРЖАВ У РОЗГЛЯДІ СПРАВ ЩОДО СПАДКУВАННЯ ЗА ЗАКОНОМ

2019 ◽  
Vol 12 ◽  
pp. 321-328
Author(s):  
Р. Ф. Гонгало
Keyword(s):  
Human Life ◽  
Civil Law ◽  
The State ◽  
Private Law ◽  
New Approaches ◽  
The Individual

Насамперед йдеться про те, що питання про визнання спадщини відумерлою вирі­шується не за фактом відсутності (нез'явлення, усунення, відмови, неприйняття) спад­коємців, а за рішенням суду. Цивільне законодавство України щодо регулювання відно­син спадкування за участю держави характеризується принципово новими підходами, що відповідають загальному духу цивільного права у забезпеченні автономії особистості та невтручання держави у сферу приватноправового життя людини та суспільства.   First of all it is about the fact that the issue of recognition of the inheritance escheated not decided upon the lack of (non-appearance, elimination, failure, rejection) heirs, and by court. The civil legislation of Ukraine concerning the regulation of relations with the state inheritance characterized fundamentally new approaches, appropriate to the general spirit of civil law to ensure the autonomy of the individual and non-interference in the sphere of private law of human life and society.

scholarly journals The Results of the XIX International Congress of French sociologists: new approaches to the study of uncertainty

2013 ◽  
pp. 188-191
Author(s):  
N. V. Litvak
Keyword(s):  
Human Life ◽  
The State ◽  
International Congress ◽  
New Approaches ◽  
French Speaking ◽  
Almost All

The paper reviews the major speeches of leading scientists at the last Congress of the largest associations of French-speaking sociologists. Analyzed the most pressing problems and the processes described in the work of the scientific forum dedicated to new approaches to the study of uncertainty in almost all spheres of human life, society and the state.

scholarly journals The theological significance of the state in the thought of Paul Tillich and Arnold van Ruler

2004 ◽  
Vol 38 (1) ◽  
Author(s):  
G. Hodnett
Keyword(s):  
Human Life ◽  
Kingdom Of God ◽  
The State ◽  
The Political ◽  
Paul Tillich ◽  
Direct Impact ◽  
The Individual

This article looks at the importance of the state in the theologies of Paul Tillich and Arnold van Ruler. The state is the community in which both the individual and the community are actualised. It is also the institution that organises the life of the nation. The orientation of the state has a direct impact on the direction of human life. The state is the centre of power and justice in reality; it is the political core of history. The state also has the power to actualise itself according to the justice that it posits and in this process love is embedded as the ultimate criterion of justice. Love, power and justice are intimately related to the kingdom of God. The state, even the pagan state, thus performs the reuniting and saving work of God on earth.

Troubled Foundations for Private Law

2008 ◽  
Vol 21 (2) ◽  
pp. 459-476
Author(s):  
Stephen A. Smith
Keyword(s):  
Distributive Justice ◽  
Human Life ◽  
Civil Law ◽  
Corrective Justice ◽  
Property Law ◽  
Private Law ◽  
Wide Range ◽  
Commutative Justice ◽  
The Law ◽  
Historical Comparative

In The Foundations of Private Law James Gordley argues that the modern private law in common and civil law jurisdictions is best explained on the basis of a neo-Aristotelian theory first developed by a group of 16th century Spanish thinkers known as the ‘late scholastics’. The concepts of distributive and commutative justice that, according to Gordley, lay at core of the scholastics’ theory and that explain, respectively, modern property law and the law of obligations (contract, tort, unjust enrichment), though ignored and disparaged for much of the 19th and 20th centuries, are today familiar to most private law scholars (thanks in part to Gordley’s earlier work). Yet Gordley’s understanding of these concepts and, in particular, of their relationship both to one another and to the apex idea of ‘living a distinctively human life’ is unique, setting his account apart not just from utilitarian and other ‘modern’ accounts of private law, but also from other neo-Aristotelian theories (e.g., those of Ernest Weinrib or Jules Coleman). In Gordley’s presentation, commutative (or ‘corrective’) justice is derived from distributive justice and distributive justice is derived from the idea of the distinctively human life. Confidently traversing a wide range of historical, comparative and theoretical materials, the book’s argument is at once ambitious, learned, and elegantly presented. But as a theoretical account of the foundations of the modern private law it is unpersuasive. The book’s own account of property law suggests that in practice the idea of distributive justice does little, if any, work in explaining the rules we actually have. Nor is it clear how, if at all, distributive justice flows from the allegedly foundational idea of the ’distinctively human life’. As for commutative justice, it is not clear why, if is derived from distributive justice in the way Gordley believes, the courts should care about it. Finally, but perhaps most significantly, Gordley’s conception of commutative justice is unable to account for central features of the law of obligations.

The State as a Party to Private Law Relations

2021 ◽  
Vol 10 (1-2) ◽  
pp. 47-60
Author(s):  
Nataliya M. Оnishchenko ◽  
Tatyana I. Tarakhonych ◽  
Oleh L. Bohinich
Keyword(s):  
Civil Law ◽  
The State ◽  
Private Law ◽  
Liability Law ◽  
Multi Stage ◽  
The Status ◽  
Legal Structures ◽  
Legal Position ◽  
Autonomous Republic ◽  
The Eu

Abstract The purpose of the study is to cover the analysis of the legal position of the state in private law relations. Particular attention is paid to the dualistic nature of the state – as a sovereign and as a horizontal participant in civil law relations. The study employs the following methods: dialectical, technical and comparative law. Results of the systematic interpretation suggest that the state does not have the status of a person, which complicates the application of some legal structures. It is concluded that the state is a multi-stage entity that includes the state of Ukraine, the Autonomous Republic of Crimea and territorial communities. This paper will be useful for advocates, judges, academics whose area of expertise is the problematics of the liability law, as well as the issue of harmonisation of the civil legislation of Ukraine with the civil legislation of the EU countries.

Is the State Subject to the Rule of Law?

1974 ◽  
Vol 9 (3) ◽  
pp. 369-412 ◽  
Author(s):  
Jacob Potchebutzky
Keyword(s):  
United States ◽  
Rule Of Law ◽  
The United States ◽  
The State ◽  
The Other ◽  
Private Law ◽  
The Rule Of Law ◽  
Jewish Thought ◽  
Government Body ◽  
The Individual

Sec. 42 of the Interpretation Ordinance [New Version] provides that: “Save as may be otherwise expressly provided therein, no enactment shall affect any right of, or impose any obligation upon, the State.”It is generally accepted that the source of the section lies in the traditional supremacy of the English Crown. Since the Crown is the lawmaker it cannot be fettered by the laws it makes unless there is express provision to that effect. On the other hand where laws confer rights upon the Crown, a contrary rule sometimes operates that a statute is to be interpreted in favour of the Crown, since in enacting it the King's subjects act as grantors of rights and the rule against derogation from grant takes effect. In point of logic, however, even without express provision there is nothing to prevent a lawgiver from placing restrictions upon himself.In Jewish thought indeed although the law emanates from the Almighty, who is indeniably Supreme Authority—”the King of Kings”—it is deemed to apply even to Him.It is surprising therefore to note that even in the United States, that model of democracy where the rights of the individual are so protected, the English approach has been adopted and extended to every government body even in the area of private law.

Liberty and the Common Law

1945 ◽  
Vol 9 (1) ◽  
pp. 2-16 ◽  
Author(s):  
Lord Wright
Keyword(s):  
Eighteenth Century ◽  
Common Law ◽  
Civil Law ◽  
The State ◽  
Roman Law ◽  
Case System ◽  
The Common ◽  
The Law ◽  
The Individual ◽  
The Right

In preparing the few and elementary observations which I am about to make to you tonight I have wondered if the title I chose was apt or suitable. The Common Law is generally described as the law of liberty, of freedom and of free peoples. It was a home-made product. In the eighteenth century, foreign lawyers called it an insular and barbarous system; they compared it to their own system of law, developed on the basis of Roman and Civil Law. Many centuries before, and long after Bracton's day, when other civilised European nations ‘received’ the Roman Law, England held back and stood aloof from the Reception. It must have been a near thing. It seems there could have been a Reception here if the Judges had been ecclesiastics, steeped in the Civil Law. But as it turned out they were laymen, and were content as they travelled the country, and in London as well, to adopt what we now know as the Case System, instead of the rules and categories of the Civil Law. Hence the method of threshing out problems by debate in Court, and later on the basis of written pleadings which we find in the Year Books. For present purposes, all I need observe is that the Civil Lawyer had a different idea of the relation of the state or the monarch to the individual from that of the Common Lawyer. To the Civil or Roman Lawyer, the dominant maxim was ‘quod placuit principi legis habet vigorem’; law was the will of the princeps. With this may be compared the rule expressed in Magna Carta in 1215: No freeman, it was there said, was to be taken or imprisoned or exiled or in any way destroyed save by the lawful judgment of his peers and by the law of the land. Whatever the exact application of that phrase in 1215, it became a text for fixing the relations between the subject and the State. Holdsworth quotes from the Year Book of 1441; the law is the highest English inheritance the King hath, for by the law he and all his subjects are ruled. That was the old medieval doctrine that all things are governed by law, either human or divine. That is the old doctrine of the supremacy of the law, which runs through the whole of English history, and which in the seventeenth century won the day against the un-English doctrine of the divine right of Kings and of their autocratic power over the persons and property of their subjects. The more detailed definition of what all that involved took time to work out. I need scarcely refer to the great cases in the eighteenth century in which the Judges asserted the right of subjects to freedom from arbitrary arrest as against the ministers of state and against the validity of a warrant to seize the papers of a person accused of publishing a seditious libel; in particular Leach v. Money (1765) 19 St. Tr. 1001; Entick v. Carrington (1765) 19 St. Tr. 1029; Wilkes v. Halifax (1769) 19 St. Tr. 1406. In this connexion may be noted Fox's Libel Act, 1792, which dealt with procedure, but fixed a substantive right to a trial by jury of the main issue in the cases it referred to.

scholarly journals Registry  Errors  in  the  Cadastre  under  Modern  Conditions

2019 ◽  
Vol 6 (2) ◽  
pp. 68-74 ◽  
Author(s):  
N.  A. Bondareva
Keyword(s):  
Real Estate ◽  
Economic Activity ◽  
Individual Characteristics ◽  
The State ◽  
New Approaches ◽  
The Individual ◽  
State Registration

The introduction of new legislation to determine the cadastral value of property calls for solution of some problems. Poor cadastral valuation leads to errors in the activity of a cadastral engineer. In particular, the lack of developed methodological support, speeding up the training of cadastral valuation staff, unreliability or lack of cadastral information in most areas of the country, obsolete equipment, the lack of R & D and the application of the method of mass valuation of real estate, which does not take into account the individual characteristics of the object of valuation, can result in registry errors. The considered direction of the state registration of the land fund is at the very beginning of its development, which will require the further adjustment of the legislation, new approaches to training and certification of cadastral engineers and organization of their activity. To this end, the article analyses the types of allowed registry errors, their classification, as well as the legislation determining responsibility for such errors. As the mistakes made by a cadastral engineer influence economic activity of organizations, expenses of regions, the author offers classification of register errors based on the principle of materiality.

scholarly journals The Covid-19 Pandemic and the Rights of the Individual in Terms of Private and Public Law

2020 ◽  
Vol 9 (2) ◽  
pp. 225-250
Author(s):  
Evgen Kharytonov ◽  
Olena Kharytonova ◽  
Denis Kolodin ◽  
Maxym Tkalych
Keyword(s):  
Human Rights ◽  
Optimal Algorithm ◽  
Public Law ◽  
The State ◽  
Private Law ◽  
Public Interests ◽  
Basic Principles ◽  
Private Rights ◽  
Private And Public ◽  
The Individual

The principles of adjusting the regulation of civil relations in the context of the Covid-19 pandemic are analyzed. The admissibility of restricting human rights in the context of the conflict of private and public interests are researched. Besides, the authors tried to determine the optimal algorithm of government actions aimed at preventing the spread of the epidemic. The main approach to the understanding of human rights in the article is based on Dworkin's concept of “rights as trumps”. A system of such categories as “a man”, “a private person”, “natural private rights”, “private law” and “national civil law” is analyzed. The conclusion is that the importance of the category of “natural” human rights is underestimated, which exacerbates the problem of ensuring human rights in a pandemic, when the state actively uses public law to cope with the crisis. As a result, there is a conflict of basic principles of private and public law: “everything is allowed except what is prohibited by law” vs. “only what is allowed by law is possible”. It is proposed to assume that the usual way of the legal existence of a person is that he/she acts as a participant in civil relations of a private type, even in a pandemic. Private relations, which arise during the quarantine period, are proposed to be regulated mainly by private law methods, limiting the influence of the state. This will allow us to reach a compromise of private and public interests, without restricting the rights of individuals voluntarily.

PATTERN OF ANIMATOR IN POLISH AND FOREIGN LITERATURE ON THE SUBJECT

2019 ◽  
pp. 4-13
Author(s):  
T. Łapian
Keyword(s):  
Spiritual Development ◽  
Social Life ◽  
Human Life ◽  
The State ◽  
The Other ◽  
Industrial Society ◽  
Contemporary Culture ◽  
Ecological Sensitivity ◽  
Other Hand ◽  
The Individual

The emergence and development of socio-cultural animation are closely related to the state of modern society and contemporary culture. Animation has become a response to their deficiencies and deficiencies, for the needs that our post-industrial society cannot satisfy. The development of civilization, which led to industrialization and urbanization, meant that the social structure underwent a radical transformation. Traditional forms of community life and the types of lasting relationships related to them have disappeared, and their place was replaced by individualistic culture focused on the individual and its self-fulfillment. The way we live has become increasingly dependent on the one hand on the state, with its ubiquitous institutions, and on the other hand on market mechanisms, increasingly aggressively entering all possible areas of social life. Many outstanding humanistic psychologists, such as Maslow, Perls, Rogers and Fromm, demanded action to transform the human individual. It was postulated to strive to develop in the individual such qualities as: openness, flexibility, the ability to make conscious choices, intrsteer, creativity, skepticism towards positively understood science and technology, striving for authenticity, treating life as internal changes, autonomy, caring for others, ecological sensitivity, independence, ability to self-organize into self-sufficient institutions, spiritual development. The theme of animation requires an interdisciplinary approach, as it concerns many areas of human life. Seen from a social perspective, it is associated with such phenomena as: enriching social and cultural life forms, inspiring people to creative life and creative activities, reviving local communities and various groups and environments, discovering the unrealized potentials of both individuals and groups. On the other hand, from the pedagogical perspective, you can see a range of methods in animation that can help you deal with contemporary educational and educational challenges. The publications have rich thematic literature that goes beyond Central Europe. The topic raised was not fully exhausted; this text is one of the components of the monograph being created, which will describe the overall profile of the animator and leisure time animation.

scholarly journals MENGUJI ASAS DROIT DE SUITE DALAM JAMINAN FIDUSIA

2015 ◽  
Vol 4 (3) ◽  
Author(s):  
I Made Sarjana ◽  
Desak Putu Dewi Kasih ◽  
I Gusti Ayu Kartika
Keyword(s):  
Civil Law ◽  
Legal Aspects ◽  
The State ◽  
Court Case ◽  
Constitutional Court ◽  
Illegal Logging ◽  
The Law ◽  
The Individual ◽  
Droit De Suite

The principle of droit de suite is one of the most important principles in the law of guarantee,especially in fiduciary security. The principle implies that the rights of the creditor as therecipient of the fiduciary objects continue to follow the object of guarantee, wherever theobject is, to guarantee the repayment of the debts of the debitor. The rights which are ownedby the creditor as the recipient of fiduciary security in the principle seem to be absolute, butin fact if it is related to de practice, the principle of droit de suite has certain limitations.The limitations of this principle is whon it is faced with higher interest, the individual rightsowned by the recipient of fiduciary must succumb, as in the case of illegal logging, whichonce was decided to test the Forestry Law by the Constitutional Court (Case DecisionNumber 012/PUU-III/2005). Although the State can perform fiduciary deprivation of theobject which is used for committing illegal logging, but from the aspect of material criminallaw, it cannot be done immediately to destroy the object of guarantee, since object of thefiduciary collateral, is not considered a dangerous thing. Whereas, from the legal aspects ofcriminal procedure, if the case has been decided, then there is a duty of the State to returnthe object of fiduciary to those who own it.From the aspect of civil law, the creditor as recipient of fiduciary who feel harmed as aresult of illegal logging practices may have standing to sue for damages under Article 1365of Burgerljik Wetboek. The provision is used, because the act of illegal logging is an actagainst the law and there are losses caused to the recipient of fiduciary.

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