scholarly journals Place and role of succession in the protection of subjective rights

Author(s):  
Kseniya Filipson

The article considers the issue of the role and place of the institution of succession in the mechanism of protection of subjective rights. The place and role of the institution of succession was determined through the understanding of such legal categories as «legal means», «legal means of protection», «method of protection». The study of the institution of succession as an element of the mechanism for the protection of subjective rights has led to the solution of a number of issues that will further improve the institution of succession in order to more effectively restore and protect violated rights.

Kant Yearbook ◽  
2021 ◽  
Vol 13 (1) ◽  
pp. 49-71
Author(s):  
Mike L. Gregory

Abstract Kant’s Naturrecht Feyerabend has recently gained more sustained attention for its role in clarifying Kant’s published positions in political philosophy. However, too little attention has been given to the lecture’s relation to Gottfried Achenwall, whose book was the textbook for the course. In this paper, I will examine how Kant rejected and transforms Achenwall’s natural law system in the Feyerabend Lectures. Specifically, I will argue that Kant problematizes Achenwall’s foundational notion of a divine juridical state which opens up a normative gap between objective law (prohibitions, prescriptions and permissions) and subjective rights (moral capacities). In the absence of a divine sovereign, formal natural law is unable to justify subjective natural rights in the state of nature. In the Feyerabend Lectures, Kant, in order to close this gap, replaces the divine will with the “will of society”, making the state necessary for the possibility of rights.


1982 ◽  
Vol 204 (2) ◽  
pp. 471-477 ◽  
Author(s):  
T Kooistra ◽  
P C Millard ◽  
J B Lloyd

The effects of thiols on the breakdown of 125I-labelled insulin, albumin and formaldehyde-treated albumin by highly purified rat liver cathepsins B, D, H and L at pH 4.0 and 5.5 were studied. At both pH values degradation was strongly activated by the thiols cysteamine, cysteine, dithiothreitol, glutathione and 2-mercaptoethanol, and its rate increased with increasing thiol concentration. Preincubation of the protein substrates with 5 mM-glutathione did not affect concentration. Preincubation of the protein substrates with 5 mM-glutathione did not affect the rate of degradation by cathepsin D or L, and determination of free thiol groups after incubation of the proteins in the presence of glutathione but without cathepsin showed that their disulphide bonds were stable under the incubation conditions. Sephadex G-75 chromatography of the acid-soluble products of insulin digestion by cathepsin D or L suggested that thiols can reduce disulphide bonds in proteins after limited proteolysis. The resultant opening-up of the protein structure would lead to further proteolysis, so that the two processes (proteolysis and reduction) may act synergistically. By using the osmotic protection method it was shown that, at a physiological pH, cysteamine, and its oxidized form cystamine, can cross the lysosome membrane and thus may well be the physiological hydrogen donor for the reduction of disulphides in lysosomes. The results are discussed in relation to the lysosomal storage disease cystinosis.


2013 ◽  
Vol 33 (1) ◽  
pp. 77-99
Author(s):  
Anna Dumas ◽  
Piotr Pietrasz

Abstract This article refers to the issues associated with the crucial significance of the interpretation of tax law provisions made by administrative courts in the course of the judicial inspection of tax decisions, within the context of protecting the subjective rights of taxpayers. The analysis in that regard has been prepared based on the provisions of art. 153 of the Act of 25 July 2002 on Proceedings before Administrative Courts, which expresses the important rule of binding the court and the administrative authority, whose act was the subject of an appeal, with a legal assessment and instructions regarding the further proceedings described in the decision of the administrative court. As a result of this rule, a decision of an administrative court exerts the results exceeding the scope of judicial administrative proceedings, while its effect also covers the future tax proceedings. If the legal assessment made by the court refers to the regulations that affect the subjective rights of a taxpayer, it means that the administrative court imposes the effects of “its” interpretation of those provisions on a tax authority. In turn, the tax authority is obliged to respect those rights in accordance with the opinions of the court, which usually affects the final resolution of a tax case. It should be borne in mind that a taxpayer, by submitting an appeal against a tax decision to an administrative court, demands not only an inspection of the acts of tax administration, but also - which should be emphasized - demands the execution of its rights, including its subjective rights. Therefore, we should not forget the crucial role of the administrative courts in the protection of the substantive rights of taxpayers. The instrument that allows the administrative courts to guard the subjective rights of taxpayers, consists in the procedural regulations included in the provisions on proceedings before administrative courts, and in particular art. 153 of the Act on Proceedings before Administrative Courts in Poland.


2019 ◽  
Author(s):  
Diana Schneider

Is it legally permissible for Hamburg to demand that the Federal Government widen the Elbe River? The German Reich committed itself in the years 1921/1922 vis-a-vis Hamburg to take over necessary expansion measures to ensure that the "the largest seagoing ships" are able to access the port of Hamburg. The present book proves that today, this obligation applies to the Federal Republic of Germany via a reference in § 12 (4) WaStrG which – based on the protection norm theory – corresponds to subjective public law of Hamburg. The scope of this synallagmatic relationship is the prioritisation of the port of Hamburg in the waterway expansion planning of the Federal Government. To better account for the position of Hamburg provided with procedural subjective rights, it is proposed to valorise the role of the Hanseatic city in the planning approval procedure by participating in a hydraulic engineering company to which the project ownership can be transferred.


2021 ◽  
Vol 11 (24) ◽  
pp. 11766
Author(s):  
C. Taber Wanstall ◽  
Phillip R. Johnson

Transpirational cooling is an effective thermal protection method in hypersonic vehicles. In order to properly manage the high heat load, an understanding of the convective flow regimes as well as the thermophysical properties of the working fluid are required. Often, the vehicle’s fuel is re-purposed as the coolant or working fluid that is passed through the porous media. If the geometry is such that the coolant is heated from below, buoyancy-induced instability can ensue resulting in a mixed convection phenomena. Transpirational cooling applications require a unique analysis which combines a Darcy–Forchheimer relationship for the momentum relation, a flowing base state which introduces non-negligible convective terms for the energy equation, and a novel consideration of a cubic density dependence on temperature. This latter feature is justified by fitting thermodynamic data for typical transpirational cooling conditions. A base state solution is provided and the onset of instability is investigated using linear stability analysis. The governing equations are solved utilizing multiple methods, comparing results from a combination of analytical solutions, finite difference, power series, and Chebyshev methods. Results demonstrate excellent consistency in predictions across these methods and indicate that including non-linear density effects promote a stabilizing effect. Finally, the effect of varying the net through-flow in the porous media is investigated.


JURIST ◽  
2021 ◽  
Vol 1 ◽  
pp. 65-73
Author(s):  
Sergey I. Nosov ◽  

The article examines the problems of the development of the theory of subjective public rights in Russian law science. There is a lack of unity of approaches to the understanding of subjective public rights, their content and classification. The author analyzes views of representatives of different generations of foreign and domestic law science on the understanding and types of subjective public rights. The positions of modern scientists on these problems are presented. The criteria for the classification of subjective rights are investigated and argued. The categories of “will” and “interest”, the role of these categories in the content of subjective rights are analyzed.


2018 ◽  
Vol 13 (8) ◽  
pp. 154
Author(s):  
Simona Franzoni ◽  
Asma Ait Allali

The aim of this paper is to verify whether participatory depositors, a special category of stakeholder that entrusts its savings to the Islamic Bank on the basis of the Profit and Loss Sharing principle, could be better protected by providing for them to be represented in the governance bodies of the Bank.The analysis that was carried out and consideration of potential risks this category of saver could be exposed to shows the need to ensure greater protection to participatory depositors compared to other stakeholders. Three working hypotheses on the protection method to be applied are formulated.The study was carried out on the basis of a comparative analysis of four case studies from Malaysia, Morocco, Germany and Italy respectively.The performed analysis has led to the conclusion that the representation of participatory depositors should be provided in specific corporate governance committees. 


JAMA ◽  
1966 ◽  
Vol 195 (12) ◽  
pp. 1005-1009 ◽  
Author(s):  
D. J. Fernbach
Keyword(s):  

JAMA ◽  
1966 ◽  
Vol 195 (3) ◽  
pp. 167-172 ◽  
Author(s):  
T. E. Van Metre

2018 ◽  
Vol 41 ◽  
Author(s):  
Winnifred R. Louis ◽  
Craig McGarty ◽  
Emma F. Thomas ◽  
Catherine E. Amiot ◽  
Fathali M. Moghaddam

AbstractWhitehouse adapts insights from evolutionary anthropology to interpret extreme self-sacrifice through the concept of identity fusion. The model neglects the role of normative systems in shaping behaviors, especially in relation to violent extremism. In peaceful groups, increasing fusion will actually decrease extremism. Groups collectively appraise threats and opportunities, actively debate action options, and rarely choose violence toward self or others.


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