scholarly journals Reception of definitions of hereditary transmission and hereditary representation in modern legal systems

2021 ◽  
Vol 10 (42) ◽  
pp. 176-185
Author(s):  
Alina V. Goncharova ◽  
Svitlana Ya. Fursa ◽  
Valentina Y. Chuikova ◽  
Iryna P. Hrybachova
Keyword(s):  
International Law ◽  
European Integration ◽  
International Agreements ◽  
Main Task ◽  
Legal Systems ◽  
Dialectical Method ◽  
Legal Nature ◽  
Legal Space ◽  
The Right ◽  
Theoretical Developments

The article examines the problems of legal formation of the institution of hereditary transmission and hereditary representation. One of the most relevant topics in the study of modern jurisprudence is the problem of forming a single European legal space, the inclusion of national legal systems, the establishment of relationships between European integration and national law. The dialectical method and the analysis of theoretical developments of world scientists and general notarial practice show that a number of questions arise related to the correct distinction between the concept of hereditary transmission and hereditary representation. The purpose of this article is to determine the historical and legal nature of the institution of inheritance by hereditary transmission and the right of representation, to clarify the nature and features of application in practice, to refine concepts received from Roman private law and adaptation to international law. The main task of the study is to systematize and analyze the reform of the idea of origin and improvement of the procedure for the transfer of inheritance rights, legal consolidation, as well as development and regression in modern conditions. The article considers the legal constructions that guarantee the transfer of the right to inherit from the deceased heirs who did not have time to inherit to their descendants. It is concluded that it is important to improve the legislative delimitation of the procedure of inheritance transfer by hereditary transmission and hereditary representation. It is noted that these contradictions can be eliminated or reduced by harmonizing the law, which provides for the use of not only international agreements but also other instruments of regulation in order to achieve a certain degree of uniformity of norms.

Dynamics of the regulatory function of Ukrainian lawin the context of European and international legal harmonization

2021 ◽  
pp. 49-56
Author(s):  
Roman Zvarych ◽  
Bohdan Hryvnak
Keyword(s):  
International Law ◽  
European Integration ◽  
Practical Significance ◽  
Regulatory Function ◽  
Scientific Article ◽  
Legal Systems ◽  
Legal Analysis ◽  
Council Of Europe ◽  
European Union Law ◽  
Legal Harmonization

Purpose. The purpose of the work is a comprehensive theoretical and legal analysis of the main problems of the dynamics of the regulatory function of Ukrainian law in the context of European integration and international legal harmonization. Method. The following theoretical methods of scientific knowledge were used in the study: the method of scientific analysis; system-structural; historical and legal; axiological; comparative law; formal-legal and method of generalization. Results. The scientific article highlights the process of transformation of the regulatory function of modern Ukrainian law in the context of its approximation to EU and international law. In the course of the research it was proved that in the issues of the European integration course the leading role belongs to the principles of realization of the regulatory function and regulatory influence. In particular, the implementation of the principle of the primacy of international law is for Ukraine a political and legal guarantee of stable relations with Europe and the world, as well as a legal means of protecting its legitimate interests. On the basis of the main principle of priority of norms of international law, such derivative principles of interaction of legal systems of the Council of Europe and Ukraine as: a) the principle of the rule of law should be developed; b) the principle of interconnectedness and complementarity of the law of the Council of Europe and Ukraine; c) the principles of cooperation, good faith fulfillment of obligations to the Council of Europe and the principle of mutual protection of human rights. Scientific novelty. The study found that the regulatory function of law, despite the narrowing of its scope at the domestic level and within national legal systems, has expanded its scope at the international and European levels, and especially at the level of European Union law. In this case, in the latter case, it interacts most closely with the integrative function. Practical significance. The results of the research can be useful for further general theoretical and applied research of the dynamics of the regulatory function of Ukrainian law in the context of European and international legal harmonization.

scholarly journals Međunarodna solidarnost i pravo na zdravlje

JAHR ◽  
2018 ◽  
Vol 9 (1) ◽  
pp. 69-85
Author(s):  
Sonja Trgovčić
Keyword(s):  
Human Rights ◽  
International Law ◽  
Right To Health ◽  
Shared Responsibility ◽  
Vulnerable Groups ◽  
Human Right ◽  
International Solidarity ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
The Right

The concept of international solidarity has been developing since the second half of the 20th century within the scope of international charters, conventions and declarations of protection of human rights. It has earned the qualities of the principle of international law and has been given a meaning of the key human right which binds together human rights of the first, second and third generation. With this work the author provides an explanation and gives a postulate to the legal nature of international solidarity and its legal feasibility. Furthermore, the author speaks about international cooperation, shared responsibility and the prevention of factors of climate change, hunger, inadequate health care, polarity in the economic development, and achieving equality. The author dedicates special attention to the right to health, its aspects and connections with international solidarity in protection of vulnerable groups.

Introduction

2021 ◽  
pp. 1-14
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
International Law ◽  
International Organizations ◽  
International Organization ◽  
Legal Systems ◽  
Main Claim ◽  
Legal Scholarship ◽  
Legal Nature ◽  
Definition Of ◽  
Common Understanding

The introductory chapter presents the relevance of the topic in the framework of the practice of international organizations and existing legal scholarship. In particular, it describes how scholars and practitioners do not share a common understanding of what an international organization is and the consequences of this absence of agreement. The main claim is that in order to conceptualize international organizations we have to look at the characteristics of the legal systems they develop and the legal nature of their rules. Four main theses are presented: functionalism (international nature), constitutionalism (internal nature), exceptionalism (only some organizations develop internal rules), and informalism (only some rules have an internal nature). Finally, it sets up the aim of the book: to analyse different conceptualizations, to assess the existence of a general regulatory framework, and to provide a definition of the concept of an international organization in international law.

Conclusion

2021 ◽  
pp. 208-210
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal Framework ◽  
International Organization ◽  
Legal Systems ◽  
Member States ◽  
Legal Nature ◽  
International Responsibility ◽  
The Law

This chapter summarizes the main findings of the book. The concept of an international organization is defined by looking at the nature of the legal systems they develop. The notion of ‘dual legal nature’ describes how organizations create particular legal systems that derive from international law. This peculiar condition affects the law they produce, which is international and internal at the same time. The effects of the dual legal nature are discussed by analysing international responsibility, the law of treaties, and the validity of organizations’ acts. This conceptualization allows the development of a common legal framework applicable to all international organizations, despite their differences in terms of powers, membership, size, and other descriptive features. In particular, the most valuable consequence of this conceptualization is to rebut a frequent argumentative motif, under which organizations are either perceived as vehicles for member states’ interests or as autonomous entities.

The Treaty of the Eurasian Economic Union – New Page of Legal Development of Eurasian Integration

10.12737/6623 ◽  
2014 ◽  
Vol 2 (12) ◽  
pp. 0-0 ◽  
Author(s):  
Анатолий Капустин ◽  
Anatoliy Kapustin
Keyword(s):  
International Law ◽  
Customs Union ◽  
Economic Space ◽  
Legal Development ◽  
Eurasian Economic Union ◽  
Legal Nature ◽  
History Of ◽  
Legal Space ◽  
The Common ◽  
Economic Union

The article is considered the principal features of the Treaty on Eurasian Economic Union (EAEU) in the light of modern International law, its legal nature, place and functions in the regulation of Eurasian integration. Analysing the history of the formation of the idea of Eurasian integration after the collapse of the USSR, the value of the EurAsEC in the development of the integration process. Describes the main features of the EAEU Treaty as the foundation treaty of two kinds: establishing international organization for integration (EAEU) and the economic and legal space (the Customs Union and the Common economic space).

scholarly journals Vietnam’s New Law on the Right of Parties to Choose Applicable Law in Civil Relations Involving Foreign Elements

2016 ◽  
Vol 9 (4) ◽  
pp. 93
Author(s):  
Tran Thi Thu Phuong
Keyword(s):  
International Law ◽  
Private International Law ◽  
Legal Systems ◽  
Applicable Law ◽  
Application Of Law ◽  
The World ◽  
The Law ◽  
The Right

In private international law, the right of the parties to choose law applicable has been acknowledged in most legal systems. However, the scope of this right of agreement varies according to the statutory regulations of each country. This paper clarifies the scope of right to agreement on applicable law of the parties, as well as the mechanism for controlling the application of law as agreed upon by the parties in private international law of Vietnam. This article also makes comparison with the law of some countries in the world in order to point out the differences between them and to make comments, assessments of the current statutory regulations of Vietnam on such issues.

The Concept of an International Organization in International Law

2021 ◽  
Author(s):  
Lorenzo Gasbarri
Keyword(s):  
International Law ◽  
International Organizations ◽  
Legal Framework ◽  
International Organization ◽  
Legal Systems ◽  
Legal Concept ◽  
Legal Nature ◽  
International Responsibility ◽  
The Law ◽  
Comprehensive Study

Despite their exponential growth in number and activities, international law lacks a comprehensive legal concept of an international organization. The book tackles this topic from the perspective of the legal nature of the legal systems developed by international organizations. It is the first comprehensive study of the different concepts under which international organizations’ legal systems are commonly understood: functionalism, constitutionalism, exceptionalism, informalism. It has a threefold purpose: to trace the historical origins of the different concepts of an international organization, to describe four families under which these different notions are subsumed, and to propose a theory which defines international organizations as ‘dual entities’. The concept of an international organization is defined looking at the nature of the legal systems they develop. The notion of ‘dual legal nature’ describes how organizations create particular legal systems that derive from international law. This peculiar condition affects the law they produce, which is international and internal at the same time. This conceptualization allows the development of a common legal framework applicable to all international organizations, despite their differences in terms of powers, membership, size, and other descriptive features. In particular, the most valuable consequence of this conceptualization is to rebut a frequent argumentative motif, under which organizations are either perceived as vehicles for member states’ interests or as autonomous entities. The effects of the dual legal nature are discussed, analysing international responsibility, the law of treaties, and the validity of organizations’ acts.

scholarly journals مظاهر استخدام القوة في الحرب الاستباقية

2020 ◽  
Vol 2 (3) ◽  
pp. 5-20
Author(s):  
طلعت الحديد ◽  
بريز يونس
Keyword(s):  
International Law ◽  
International Organizations ◽  
International Agreements ◽  
League Of Nations ◽  
Legal Capacity ◽  
Self Defense ◽  
Preemptive War ◽  
Definition Of ◽  
The Right

The Issue of preemptive war and the protection of States against the dangers and threats they face is a process that facilitates rectifying things and carrying out defensive operations that gave rise, in turn, to the legal capacity through repeating and stating them in the international agreements. Self-defense in international law is very similar to the right of defense in the national laws of states which consider the individual’s protection and survival as having the priority over the violator or the enemy. In order tackle all the aspects of the topic, the researchers have tried to divide the study into two main sections. The first section is about the definition of preemptive wars and the scholars’ opinions through two subsections: the first gives the definition of pre-emptive war, and the second tackles the requirements and the motivations of the preemptive war. While the second section which falls in two subsections is related to the role of the international organizations in defining these wars and their mechanisms. The first subsection is about the role of the League of Nations, and the .second is about the role of the United Nations in such wars

scholarly journals Right of Citizens to Participate in the Administration of Justice: Concept, Legal Nature and Content

2020 ◽  
pp. 066-075
Author(s):  
Yu. S. Cheremisina ◽  
Keyword(s):  
Russian Federation ◽  
Legal Systems ◽  
Legal Study ◽  
Administration Of Justice ◽  
Legal Nature ◽  
Legal Foundations ◽  
The Russian Federation ◽  
Similarities And Differences ◽  
The Republic ◽  
The Right

The article is devoted to a comparative legal study of the consolidation, content and mechanism of the implementation of the right to the administration of justice in the Russian Federation, the Republic of Kazakhstan, and the Republic of Belarus. The article reveals the normative legal foundations of the right to administer justice in the Russian Federation, the Republic of Kazakhstan, the Republic of Belarus, securing the place of the right to administer justice in the system of rights, the significance of this right for citizens, the way of securing the right in law. The author analyzes the powers of the right to administer justice from the position of researchers of the theory of subjective law. Attention is paid to the requirements for persons who have expressed a desire to exercise the right to administer justice as a jury, arbitration, and people’s assessors, judges in the legislation of the Russian Federation, the Republic of Kazakhstan, and the Republic of Belarus. The author analyzes the validity of professional and reputation requirements enshrined in legislation. The result of the research in the article was the identification of similarities and differences in the mechanisms for the implementation of the right to the administration of justice in the above legal systems.

scholarly journals CUSTOMS FORMALITIES: INTERNATIONAL AND NATIONAL EXPERIENCE

2019 ◽  
pp. 166-169
Author(s):  
A. Ye. Pletnova
Keyword(s):  
International Trade ◽  
European Integration ◽  
International Cooperation ◽  
Legal Regulation ◽  
International Agreements ◽  
International Norms ◽  
Legal Nature ◽  
The World ◽  
Istanbul Convention ◽  
National Experience

In the context of the European integration processes that are currently being actively performed in Ukraine, issues of implementationand application in the field of customs-legal regulation of theconceptual-categorical apparatus used in international acts aregetting particular relevance. The study of the legal nature of the “customs formalities” concept becomes one of the modern problems. The unification andharmonization of national legal systems in the field of customs formalities is a key problem for international cooperation in the fieldof customs. According to the Customs Code of Ukraine, customs formalities are defined as a set of actions to be executed by the relevant personsand bodies of income and fees in order to comply with the requirements of the Ukrainian national customs legislation. The “customs formalities” concept is often used in bilateral international agreements of interstate andintergovernmental nature inthe field of customs activities between Ukraine and other states. International agreements (customs conventions) play significant rolein the regulation of customs formalities. According to the Kyoto Convention, customs formalities are defined as a set of actions to be performed by the relevant persons andthe customs service in order to comply with the requirements of customs legislation. In accordance with the Istanbul Convention, customs formalities relate to obtaining from the customs authorities preliminarypermissions, the usage of privileges for the temporary importation of certain categories of goods by the relevant persons, and the impositionof prohibitions and restrictions arising from national laws and regulations. In the Glossary of International Customs Terms, published by the World Customs Organization, customs formalities are understoodas all transactions to be performed by persons concerned and by the customs authorities in order to comply with customs legislation. It can be concluded that Ukraine national customs legislation is on the path of adaptation to the international norms and standards. In the field of legal regulation of international trade there are both positive moments and imperfections,which significantly complicatetransborder movements in the process of international trade.

Sign in / Sign up

Export Citation Format

Share Document