ON THE QUESTION OF THE STRUCTURE OF INHERITANCE LAW

2021 ◽  
Vol 14 (2) ◽  
pp. 59-67
Author(s):  
EKATERINA KHODYREVA ◽  
Keyword(s):  
Legal System ◽  
Civil Law ◽  
Central Place ◽  
Legal Regulation ◽  
Inheritance Law ◽  
Law System ◽  
Legal Norms ◽  
The Subject ◽  
The Right ◽  
Civil Law System

In the present article, the author considers various doctrinal judgments on the question of what constitutes inheritance law and what place it occupies in the legal system. The purpose of the research is to determine the structural divisions of the sub-branch of inheritance law and substantiate the view on the recognition of inheritance law as a sub-branch of civil law with the designation of its inherent institutions and subinstitutions. Results. Based on the results of the study, the author came to the conclusion that inheritance law, taking into account the content of the legal norms forming it, can only be recognized as a sub-branch of civil law. There are no sufficient grounds to consider inheritance law as an institution of civil law or as an independent legal branch as a structural unit of the legal system. Due to the subject of legal regulation, inheritance law is separated from other sub-sectors in the civil law system. Taking into account the specifics of the subject and method of legal regulation, the sub-branch "inheritance law" is subject to further differentiation into its constituent institutions and sub-institutes. It is concluded that it is necessary to distinguish five main institutions within the studied sub-sector, the central place among which belongs to the institute of inheritance law. The legal norms of this institution are currently dispersed in separate chapters of section V of the Civil Code of the Russian Federation and cover the specifics of regulating both hereditary and some related legal relations. It is this diversity to be included in the Institute of law of inheritance relations allows to conclude on the need for it subinstitute three: hereditary sub instructions, sub succession and sub the exercise of the right of inheritance.

Взгляды профессора Е. В. Васьковского на систему российского гражданского права и современность

2017 ◽  
Vol 70 (0) ◽  
pp. 0-0
Author(s):  
Andriej Szerstobitow
Keyword(s):  
Family Law ◽  
Civil Law ◽  
Legal Regulation ◽  
Property Law ◽  
Commercial Law ◽  
Inheritance Law ◽  
Law System ◽  
Special Part ◽  
General Part ◽  
Civil Law System

The article is devoted to the views of Professor E. V. Vaskovsky on the system of Russian civil law of the late XIX beginning of XX centuries. Giving a presentation on the civil law system E. V. Vaskovsky, first of all, emphasizes the feasibility of isolation in a special section of the general part. The most important parts of civil law system, he believes property law, law of obligations, family law and inheritance law, constitute a special part of civil law. Author composed of sections, which are section of the special part of civil law, including the rights materialized, embodies the bearer. Summing up the views of E. V. Vaskovsky on the system of civil law, it should be noted that along with the traditional inclusion of family law, the novella is extremely large character that took place in the end of XIX century in the field of legal regulation of intellectual creativity, and found in it reflected. Further, the article presents a generalized analysis of the current system of the Russian civil law. The concept of the civil law system, all also based on the division into the general and special part. Now, however, in the civil law system is allocated a number of subbrunches. Selecting subbrunches of the modern civil law associates with the isolation of each of them with their own general part. Currently, the structure of the special part of civil law includes the following subbrunches: corporate law; property law; inheritance law; law of obligations; the law of “intellectual property”; commercial law. Historical experience has shown that the “materialized rights” that E. V. Vaskovsky also singled out in the structure of the special part of civil law did not subbrunch of the modern Russian civil law, as the rapid development of the stock exchange trade resulted in the so-called “dematerialization” of securities, which is the main instrument of the stock market. Currently, the data set of rules should be considered as one of the most important institutions of commercial law as a subbrunch of modern civil law.

scholarly journals Pengaruh Islamic Law System Terhadap Hukum Ekonomi Indonesia

2019 ◽  
Vol 4 (2) ◽  
Author(s):  
Tutik Nurul Janah
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Legal System ◽  
Islamic Law ◽  
Civil Law ◽  
Islamic State ◽  
Law System ◽  
Legal Norms ◽  
Economic Law ◽  
Civil Law System

Islamic Law System is generally applied in Islamic countries. An Islamic state is a country that uses Islamic law as the formal law of the state. Indonesia is a country with a dominant legal system using the Civil Law System. However, despite the dominant use of the Civil Law System, the Islamic Law System is also quite influential in Indonesia, especially in Privat law and economic law. The influence of the Islamic Law System in Indonesian economic law can be seen from the passing of the Law on Sharia Banking and other Legislation relating to Islamic economics. The dynamics of the speed of the needs of economic actors for legislation makes economic law the most dynamic field of law among other fields of legal study. Nevertheless, the legal norms must not be in conflict with human rights and humanity in order to achieve social justice for all Indonesian people.

scholarly journals Inheritance Laws in Indonesia

2017 ◽  
Vol 1 (2) ◽  
pp. 99
Author(s):  
Irawaty Irawaty ◽  
Diyantari Diyantari
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Civil Law ◽  
Inheritance Law ◽  
Law System ◽  
The People ◽  
System 2 ◽  
Religious Nation ◽  
Civil Law System ◽  
Adat Law

Indonesia implements civil law system. There are three sub legal systems which are implemented until today. They are: positive/national law system, Islamic law system, and Adat law system. The majority of Indonesians are Islamic believers. The people claim that they are a religious nation. However, the implementation of the inheritance law in accordance with the Islamic law and the Adat law is sometimes different. One of the ethnic groups which has different regulation in heritance is Minangkabau. Minangkabau inheritance adat law has been a controversy. It is because while they claim that all Minangkabau people are Islam, they implement an inheritance law that is said as violating the Islamic inheritance law. In Islam, inheritance is passed down to children, both daughter(s) and son(s)  with the composition son(s) inherits two parts compared to daugther(s). Many people  mislead that the Minangkabau inheritance law passes down the inheritance to daughter(s) only. This paper discusses: 1) how are inheritance matter regulated in each of the aforementioned sub legal system? 2) how is inheritance matter regulated in Minangkabau ethnic group?    

scholarly journals Zadośćuczynienie za naruszenie autorskich praw osobistych po śmierci twórcy

2019 ◽  
pp. 213-230
Author(s):  
Ewa Lewandowska
Keyword(s):  
Civil Law ◽  
Law System ◽  
General Law ◽  
Personal Rights ◽  
The Subject ◽  
The Right ◽  
Civil Law System

In art. 78 section 2 PrAut the right to protection and exercise of personal copyrights after the death of the creator has been granted to the persons mentioned in this provision. This is an extraordinary situation because, by its very nature, personal rights expire when a person dies. Such a solution raises discussion and is a source of doctrinal controversy. The subject and the rules of its compliance with the civil law system require determining what constitutes the subject of the protection granted, and therefore whether the claim for compensation for harm suffered as a consequence of the violation of personal copyrights after the death of the creator is a claim on behalf of the deceased creator, or is an autonomous personal right assigned to entities indicated in the Act. The paper discusses the concept of personal copyrights and their relationship to the personal rights of general law. There were pointed out the main theses of the literature on the subject of the protection of personal copyrights after the creator’s death. In this context, monetary recompense after the creator’s death has been considered. It was assumed that the decision depends on how the entity that raises a claim for monetary recompense will determine the harm. 

scholarly journals Ghostwriters as a Legal Phenomenon: Features and Perspectives of Legal Regulation of Their Activity

Lex Russica ◽  
2021 ◽  
pp. 19-27
Author(s):  
N. V. Zaitseva
Keyword(s):  
Intellectual Property ◽  
Subject Matter ◽  
Civil Law ◽  
Fundamental Property ◽  
Legal Regulation ◽  
Administrative Law ◽  
Scientific Field ◽  
Property Right ◽  
The Subject ◽  
The Right

The paper is devoted to the problem of using the work of another person in the intellectual field, primarily in literary activity. The involvement of ghostwriters in writing literary works has created a legal phenomenon when the subject matter of contractual relations represents the inalienable non-property right, namely: the right of authorship the transfer of which is not possible in many jurisdictions, and in others, despite the absence of an explicit prohibition, there is no legal regulation of such alienation. However, the existence of ghostwriters cannot be assessed as a unique phenomenon of modernity. In our time, they have only gained new forms and a special place not only in the literary, but also in the scientific field. In this regard, the establishment of legal mechanisms for attracting and regulating ghostwriters is more effective than the establishment of a system of prohibitions.In the conditions of changing publishing businesses and increasing ways and forms of proof, questions about the authenticity of a person's authorship began to arise increasingly, especially in the field of scientific and scholarly literature, where the work of "new" researchers is often used. The issue of assignment of the right of authorship (copyright) — a fundamental property right — is treated differently in different legal systems. The continental system of law relies on impossibility of transferring copyright from one entity to another as part of a civil law transaction. Therefore, instances of attribution of authorship are assessed in the context of criminal or administrative law. It forms the legal essence of the division of rights of authorship into property and nonproperty ones: any commercial rights to intellectual property can be ceded except the authorship.

scholarly journals DISKRESI HAKIM DALAM MENETAPKAN HUKUM DI PENGADILAN AGAMA KELAS IB BATUSANGKAR

2017 ◽  
Vol 16 (1) ◽  
pp. 77
Author(s):  
Sri Yunarti
Keyword(s):  
Social Justice ◽  
Public Interest ◽  
Civil Law ◽  
Family Court ◽  
Law System ◽  
Legal Principles ◽  
The Law ◽  
The Right ◽  
Dynamic Community ◽  
Civil Law System

So far the verdict courts made by Pengadilan Agama (PA/ Family Court) have been criticized for being too fixated on legal justice approaches and lack of attention to social justice approaches. This criticism demands that judge's understanding of the law holds to the spirit that underlies the formation of the law. The judge needs to use his or her authority to exercise legal discretion, using more moral rather than formal legal ideas. A judge must understand the law in the right contest and act as a creative lawyer. Discretion is the authority of the judge to decide cases with more consideration of the senseof justice, public interest and morality, which develops in society rather than deciding on the basis of the decisions of the regulations contained in the Law. This authority can be used an alternative in response to the absence and weaknesses in the application of legal principles in Civil Law System. Thus the law is expected to play a maximum role to serve the interests of the dynamic community put the interests of both parties who are in dispute and growing as well.

ON THE ISSUE OF ADMINISTRATIVE AND LEGAL REGULATION OF THE ADOPTION OF A PRACTICAL EXAM FOR THE RIGHT TO DRIVE A VEHICLE

2021 ◽  
pp. 73-76
Author(s):  
А.А. Сабинин
Keyword(s):  
Legal Regulation ◽  
Legal Norms ◽  
The Subject ◽  
Internal Affairs ◽  
The Right ◽  
Practical Exam

Предметом исследования в настоящей статье выступили правовые нормы, регламентирующие порядок проведения экзамена на право управления транспортным средством категории «В». Автором проводится анализ законодательства в рассматриваемой области, выделяется ряд неоднозначных положений Административного регламента, утвержденного приказом МВД России от 20.02.2021 № 80, вносятся предложения по доработке данного нормативного правового акта. The subject of the study was the legal norms regulating the procedure for conducting the exam for the right to drive a vehicle of category "B". The author analyzes the legislation in the area under consideration, identifies a number of ambiguous provisions of the administrative regulations approved by the order of the Ministry of Internal Affairs of Russia No. 80 of 20.02.2021, and makes proposals for finalizing this normative legal act.

scholarly journals Attribution of Liability among Multiple Tortfeasors under Negligence Law: Causation in Iran and England

2016 ◽  
Vol 9 (7) ◽  
pp. 219
Author(s):  
Elyas Noee ◽  
Mohammad Noee ◽  
Azadeh Mehrpouyan
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Tort Law ◽  
Legal Systems ◽  
Law System ◽  
Common Law System ◽  
Negligence Law ◽  
Civil Law System

“Causation” possesses a considerable place in tort law of Iran and England particularly in the field of Negligence law. Existing differences in legal systems of Iran (as a Civil Law system) and England (as a Common Law system) make find a common perspective difficult to study causation but possible. This research focuses to compare causation in cases where more than one tortfeasors is involved in inflicting damage by negligence. This study also attempts to recognize differences and similarities between Iran and England in order to resolve ambiguities in Iran legal system through England legal system. The study was conducted in three sections including tortfeasors’ indenpendancy, tortfeasors’ contribution, and tortfeasors’ separate impact. This paper reports respectively: in case of tortfeasor independency, Iran law admits jointly and severally liability while England law offers a variety of approaches in various cases; in case of tortfeasors’ contribution, each tortfeasor is liable according to its effect on causing damage with few exceptions; and in case of tortfeasors’ separate impact, per tortfeasor is liable for inflicted damage which is only from oneself side. The results show England law can be considered to filling legal gap of Iran law regarding present identified differences and similarities.

scholarly journals On Place and Significance of Forestry Law in the Legal System of the Russian Federation

2021 ◽  
Vol 16 (4) ◽  
pp. 193-205
Author(s):  
L. G. Klyukanova
Keyword(s):  
Legal System ◽  
Environmental Law ◽  
Civil Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
Legal Problem ◽  
Interdisciplinary Nature ◽  
The Subject ◽  
The Russian Federation ◽  
International Forestry

The subject of this research is the legal problem of identifying the place and significance of forestry law in the Russian legal system. The author analyzes the issues of independence of forestry law as a branch of the legal system in the context of its relationship with other branches of law, primarily with environmental law, as well as with land law and civil law. The subject, method, sources, system and principles of forestry law are investigated. The complexity and multi-structure of forest relations is emphasized. The author draws a conclusion about the interdisciplinary nature of the legal regulation of forest relations by the norms of forestry law, environmental law and related industries, namely land, civil, constitutional and administrative law. The tendency of the formation of international forestry law is revealed.

scholarly journals PERLINDUNGAN HUKUM TERHADAP HAK WARIS ANAK ANGKAT DI INDONESIA

2020 ◽  
Vol 8 (2) ◽  
pp. 281
Author(s):  
Lisa Carterina Kunadi ◽  
Diana Tantri Cahyaningsih
Keyword(s):  
Civil Law ◽  
Legal Protection ◽  
Secondary Data ◽  
Adoptive Parents ◽  
Primary Data ◽  
Adopted Children ◽  
Adopted Child ◽  
Law System ◽  
The Right ◽  
Civil Law System

<p>Abstract<br />This article discusses the legal protection of adopted children for the inheritance rights of adoptive  parents in the Civil Law system in Indonesia. Writing this law is a type of normative legal research that acts prescriptively. The research data is primary data and secondary data. Based on the results of research that can be known, the adoption of children carried out by adoptive parents will require that there is legal protection for the adopted child which is the right of the adopted child to obtain an inheritance from his adoptive parents. The results of the study explaining 4 Court Decisions that have issued these considerations are in accordance with the regulations reviewed in the perspective of Civil Law. The adopted child still has the right to get the inheritance from his adoptive parents.<br />Keywords: Legal Protection; Inheritance Rights; Adopted Children</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui perlindungan hukum terhadap anak angkat atas hak waris  orang tua angkatnya dalam sistem Hukum Perdata di Indonesia. Penulisan hukum ini merupakan jenis penelitian hukum normatif yang bersifat preskriptif. Pendekatan penelitian menggunakan pendekatan Undang–Undang dan pendekatan kasus serta jenis data-data berupa data primer dan data sekunder. Berdasarkan hasil penelitian dapat diketahui, bahwa pengangkatan anak yang dilakukan oleh orang tua angkat akan mengakibatkan harus adanya suatu perlindungan hukum bagi anak angkat tersebut yang satunya adalah hak anak angkat untuk mendapatkan warisan dari orang tua angkatnya. Hasil penelitian menjelaskan bahwa berdasarkan 4 Putusan Pengadilan yang telah diteliti tersebut pertimbangan hakim sudah sesuai dengan peraturan perundang–undangan yang ditinjau dari perspektif Hukum Perdata. Anak angkat tetap mendapatkan haknya yaitu hak untuk mendapatkan warisan dari orang tua angkatnya.<br />Kata Kunci: Perlindungan Hukum; Hak Waris; Anak Angkat</p>

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