scholarly journals Civil Legal Capacity of Minors

The article outlines some aspects of the civil legal standing of minors in international law and the national law of individual states. The authors came to the conclusion that special rules are fixed in international legal acts and in national law regarding the legal status of a minor in the civil law sphere. At the same time, there are significant differences in the national legal systems regarding: 1) the categorical apparatus that designates the civil legal personality and its elements; 2) the moment of a juvenile’s civil legal personality appearance and its correlation with the moment of the right to life (the respect for human life); 3) the scope and the content of the civil capacity of minors; 4) the possibility of a minor emancipation, its conditions and legal consequences. Given that the civil legal capacity and the legal capacity of a natural person is determined by his personal law, the revealed differences can cause certain difficulties during the application of the rules on the legal standing of a minor who is a foreign citizen or a person without citizenship. The attention is drawn to the need for a clear delineation of the categories "minor" and "child", "minor person" and "incompetent person".

2013 ◽  
Vol 62 (4) ◽  
Author(s):  
Carlo Casini ◽  
Marina Casini

Dopo vivacissisimi dibattiti e diverse decisioni giudiziarie, il Parlamento irlandese ha approvato nel luglio 2013 la legge sull’aborto Protection of Life During Pregnancy Act (2013) che però non ha fatto cessare le discussioni né sopito le inquietudini. Il contributo, supportato da un’ampia documentazione, si muove contemporaneamente su tre piani: vengono esaminati i profili giuridici (costituzionali, referendari, legislativi e giurisprudenziali) della storia dell’aborto in Irlanda, evidenziando gli aspetti che rendono peculiare la vicenda irlandese rispetto a quella degli altri Paesi europei; affronta la questione dello statuto giuridico dell’embrione umano nell’ordinamento irlandese sia nell’ambito dell’aborto, sia in quello della fecondazione artificiale (diffusa nella prassi e legittimata dalla giurisprudenza); offre interpretazioni e prospettive concrete per tutelare la vita umana sin dal momento della fecondazione in un contesto che, invece, tende a sottrarre la protezione nei primi 14 giorni di vita dell’embrione umano. One of us, l’iniziativa dei cittadini europei, promossa sulla base del Trattato di Lisbona, si presenta come una straordinaria occasione per svolgere un ruolo di contenimento delle possibili derive negative della legge recentemente approvata e per mantenere nella società la consapevolezza che la dignità umana è uguale per tutti gli esseri umani, così tutti, sin dal concepimento, sono titolari del diritto alla vita. I cittadini irlandesi potrebbero confermare con la vastità delle adesioni a “Uno di noi” la stessa volontà manifestata nei referendum del 1983, del 1997 e del 2002: “lo Stato riconosce il diritto alla vita del bambino che deve nascere”. ---------- After several lively debates and judicial decisions, the Irish parliament passed a law on abortion in July 2013 Protection of Life During Pregnancy Act (2013) which, however, has not put an end to the discussion or calmed anxieties. The contribution, supported by extensive documentation, moves simultaneously on three levels: 1. examining the legal aspects (constitutional, referendums, legislation and judicial decisions) of abortion’s history in Ireland highlighting those that make that history unique compared to other European countries; 2. dealing with the question of the legal status of the human embryo into the Irish legal system regarding both abortion, and artificial insemination (widely practiced and legitimized by law); 3. offers interpretations and concrete prospects for protecting human life from the moment of fertilization in a context which, however, tends to deprive human life of protection in the first 14 days of life. One of us, the European citizens’ initiative, promoted on the basis of the Treaty of Lisbon, is presented as an extraordinary opportunity to play a role in limiting the possible negative tendencies of the law recently passed and to maintain awareness in society that human dignity is the same for all human beings. So everyone, from conception, is entitled to the right to life. In particular, One of us gives Irish citizens the great chance to confirm the same desire expressed in the referenda of 1983, 1992 and 2002 – “The State acknowledges the right to life of the unborn child” – by signing in great numbers the “One of Us” citizen’s initiative.


2021 ◽  
Vol 5 (S1) ◽  
pp. 1195-1202
Author(s):  
Zamira Asrarovna Akhmetianova ◽  
Geliusa Khadievna Garaeva ◽  
Olga Nikolaevna Nizamieva ◽  
Farda Ildarovna Khamidullina

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.


2021 ◽  
Vol 1 (10) ◽  
pp. 25-29
Author(s):  
S. Chernik ◽  

The article reveals the essence of one of the main personal non-property laws of spouses, enshrined in family law – the law to motherhood and fatherhood. It is noted that there is no definition of «motherhood» and «fatherhood» in the legislation. The definitions of the concepts «law to motherhood» and «law to fatherhood» proposed in the scientific legal literature are studied and generalized. The exercise of the law to motherhood and fatherhood is linked to the reproductive function of women and men, and it is important that they fulfill the social functions that arise in connection with the birth of a child. The constituent elements of the law to motherhood are considered. A woman has the law to pregnancy and health care during pregnancy and childbirth, the provision of qualified medical care in accredited health care facilities, partner childbirth. It has been found that the most controversial issue is a woman’s law to refuse to have a child, which includes a woman’s voluntary refusal to have children or abortion. The abortion procedure in Ukraine is regulated by law. However, the problem of determining the legal status of the embryo is quite complex and needs to be studied. The approaches to determining the moment of the beginning of protection of human life offered in legal science, namely: absolutist, liberal and gradualistic (moderate) are revealed. Emphasis is placed on the moral aspect of the problem of abortion. It is noted that a woman decides on the issue of abortion on her own, while such a law is not assigned to a man. It is stated that the law to paternity is closely related to the law to maternity and consists of three powers: the husband decides whether or not to have a child, may demand not to prevent him from exercising such a law and to defend parental laws in court.


Author(s):  
Olha Peresada ◽  

The article considers topical issues of definition and qualification of crimes against human life in Ukraine and abroad. It is proved that the problematic issue of criminal law protection of human life is a significant differentiation of approaches to determining the moment of its onset, which reflects the medical and social criteria for the formation of an individual who has the right to life. It is shown that Ukrainian criminal law gives a person the right to life from birth, while the correct approach is to recognize the beginning of human life and appropriate criminal protection from the moment of onset 10 days after conception, which is consistent with European experience (in particular, France) and sufficiently reflects the medical features of the period of formation of a full-fledged embryo. The article also addresses the issue of the fact that Section II of the Special Part of the Criminal Code of Ukraine combines encroachment on two different generic objects - public relations for the protection of life and public relations for the protection of personal health. This provision of the criminal law of Ukraine does not correspond to the international practice on this issue. In addition, it is reasonable to believe that the two relevant categories of the object of criminal encroachment cannot be considered similar, as such an approach in certain cases can significantly complicate the classification of a criminal offense. It is emphasized that, given the exceptional importance of criminal law protection of human life, it is necessary to formulate a separate section of the Special Part of the Criminal Code of Ukraine, which covers only crimes against life as the main object of criminal encroachment.


2021 ◽  
Vol 47 (4) ◽  
pp. 107-134
Author(s):  
Hanna Witczak

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.


Author(s):  
Boris Krivokapić

The paper deals with international legal status of multinational (transnational) companies. The first part gives an overview of this entities and the specifics of their role in the modern world.In the second part, the author deals with the elements of international legal personality of multinational (transnational) companies. Such as international legal regulation of the position of these entities, their specific rights and obligations under international law, international responsibility, process subjectivity before certain international judicial bodies and the special relationship (partnership) with international organizations. It should be added that not only that international law acknowledges their existence, but also multinational companies themselves at least in part influence the development of that law.In the concluding remarks the author notes that multinational (transnational) companies do not have all the elements of a full international personality, the one that is inherent to states. However, even if not complete their personality is beyond doubt. Although between them, depending on the case, there are major differences, there is no dispute that, from the perspective of international law, at least some multinational companies have the legal capacity (the ability to be the holder of a larger or smaller circle of rights and obligations established by international law), legal capacity (the ability to conclude international agreements, create international custom, etc.), tort capacity (the ability to provide for the legal bears responsibility for violating the norms of international law), process capability (active and passive legitimacy before some international courts), etc. In all likelihood, along with the expected further strengthening of the economic, but also political and every other power and role of the companies themselves, their international personality will also become more and more developed, At one point this will require global (universal) agreement which would precisely define rights, but, in particular, the duties and responsibilities of these entities.


2020 ◽  
Vol 23 (1) ◽  
pp. 137-149
Author(s):  
Aleksandra Sikorska-Lewandowska ◽  

The number of housing communities in Poland is on the rise as they have a property right known as "separate ownership of the premises". Housing communities are now an important alternative to the still popular housing cooperatives. Housing cooperatives have many legal orders, and their legal status varies. Polish housing communities do not have legal personality, which raises questions about their legal status. The author of this article explains about the legal regulations around housing communities, analyses the contents of the Polish legal doctrine, and reviews important judgments regarding the legal character of housing communities. In conclusion, the author recognizes Polish housing communities as "defective legal persons", i.e., they are subject to rights that are independent of those of the owners of premises and therefore have legal capacity. In this respect, the Polish model bears similarity to the model adopted in the German legal system.


2019 ◽  
Vol 6 (1) ◽  
pp. 93-103
Author(s):  
Nuryamin Nuryamin

This article discusses the concept of bribery in the perspective of hadith jurisprudence and its impact on human life. By looking at some definitions of bribery, it is found that all definitions give different meanings, goals, and aspects, there are essence of bribery, or which have similarities to them (such as gratification), because bribery is a social phenomenon and has many patterns making it difficult to define definitions the right and limit the meaning. But a definition that explains the meaning of bribery objectively, namely: Giving given to someone (an official) so that the right becomes wrong and wrong becomes right, because it summarizes the essence of bribery practice and is considered a comprehensive definition of all banned aspects of bribery, so let us choose this. In Qur’ān and Ḥadīth, Allah forbade his servant to eat bribery property, because this property was included as part of consuming other people's assets with vanity. Even though bribery is called a variety of terms in daily life, such as facilitation payments, tips, etc., the legal status and prohibition cannot change with these various terms. Bribes also have the potential to create hate conflicts and hostility among members of the community. Because in essence, bribery is only a tool for those who hold policies to oppress the weak. On the other hand, those who surrendered their wealth to the recipients of this bribe gave their assets very forcefully.


Author(s):  
Андрей Николаевич Гордополов

В статье рассматриваются проблемы изменения правового статуса осужденного в связи с признанием его злостным пенитенциарным нарушителем. Проводится сравнительно-правовой анализ терминов «отрицательно характеризующийся осужденный» и «злостный пенитенциарный нарушитель». Автором отмечается, что понятие исследуемого субъекта встречается в нормативных актах уголовно-исполнительного характера и актах официального судебного толкования, вместе с тем до сих пор не имеет легального закрепления в виде нормы-дефиниции. В статье раскрываются вопросы возникновения правоспособности, дееспособности и деликтоспособности злостного пенитенциарного нарушителя. Формулируется вывод о том, что в ходе признания осужденного злостным пенитенциарным нарушителем он приобретает специфические признаки, которые определяют его особое положение. В заключение автором предлагается доктринальное определение исследуемого субъекта. The article deals with the problems of changing the legal status of a convicted person in connection with the recognition of him as a habitual penitentiary offender. A comparative legal analysis of the terms «negatively characterized convict» and «habitual penitentiary offender» is carried out. The author notes that the concept of the subject under study is found in normative acts of a penal nature and acts of official judicial interpretation, however, it still does not have legal consolidation in the form of a norm-definition. The article deals with the issues of legal capacity, legal capability and tortious capacity of a habitual penitentiary offender. The conclusion is formulated that in the course of recognition of a convicted person as a habitual penitentiary offender, he acquires specific features that determine his special position. In conclusion, the author offers a doctrinal definition of the subject under study.


2021 ◽  
Vol 4 (2) ◽  
pp. 41-64
Author(s):  
Tamás Nótári ◽  
Előd Pál

In this paper, we wish to make a few comments on the third edition of the hungarian translation of the Romanian Civil Code, without claiming to be exhaustive. Our translation suggestions concern certain provisions of personal (and family) law, law of property and law of obligations. We will expand on the concepts of legal personality, legal capacity and capacity to act in the personal law section, the concepts of property and assets in the law of property section, and the relationship between the concepts of legal fact and deed in the law of obligations section, and then make translation and correction suggestions for all the other articles in the books mentioned.


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