scholarly journals Subjects of Hereditary Succession and Subjects (Participants) of Hereditary Legal Relations

2019 ◽  
pp. 136-157 ◽  
Author(s):  
Maryna BORYSLAVSKA
Keyword(s):  
Active Duty ◽  
Legal Capacity ◽  
Legal Relationship ◽  
Legal Obligations ◽  
Civil Status ◽  
The Subject ◽  
The Moment ◽  
Compulsory Subject ◽  
Subjective Rights ◽  
The Relationship

The article explores the peculiarities of the hereditary legal relationship, which allow to characterize its subjective composition. It has been established that hereditary legal relations are regulatory, but in case of violations of hereditary rights are transformed into protective ones. The relationship between the concepts of «subject of hereditary law», subject of hereditary succession, «subject of hereditary legal relationship», participant of hereditary legal relationship has been studied. It has been established that a testator and a heir are subjects of hereditary succession. The conclusion that the heir cannot be the subject of an inherited succession is further confirmed, since from the moment of death his legal capacity ceases. The heir is the central or compulsory subject (participant) of the hereditary legal relationship, because without the heir of the hereditary legal relationship there can be no legal relationship at all. It has been established that the categories «participant of hereditary legal relations» and «subject of hereditary legal relations» are identical and derived from «subject of hereditary law». It has been proved that the hereditary legal relationship should be considered conditional-absolute, as the passive duty belongs to absolutely all persons, and the active duty — to the notary. The existence of hereditary main and hereditary auxiliary legal relations has been established. The participants of hereditary legal relations were classified by the criterion of their subjective rights and legal obligations and by the presence of their interest in inheritance. A general analysis of the civil status of the heir and heir was carried out. The question of the granting of dough capacity to minors (including emancipated minors) is raised. Heirs were classified by the peculiarities of calling for inheritance, by the fact of awareness of the discovery of inheritance, by the place of residence of heirs. Since the vast majority of heirs are individuals, a more detailed analysis focuses on heir individuals. The experience of various countries on post mortem reproduction and the possibility of inheritance by such children has been studied.

Zdolność sądowa podmiotów ogólnego prawa cywilnego materialnego

2018 ◽  
Vol 75 ◽  
pp. 131-166
Author(s):  
Robert Obrębski
Keyword(s):  
Civil Law ◽  
Legal Capacity ◽  
Valid Trial ◽  
Legal Relationship ◽  
Civil Proceedings ◽  
The Status ◽  
Judicial Proceedings ◽  
The Subject ◽  
Substantive Law ◽  
Subjective Rights

Judicial capacity consists in the transposing of substantive law subjectivity to proceedings under civil law in a form allowing valid proceedings closing with a judgment, said proceedings involving the participation of a specific entity. A party without capacity for the status of specific subjective rights or legal relationship cannot expect to participate in a valid trial closing with a judgment. Three categories of entities with general legal capacity – private individuals (natural persons), legal persons, and organisational units as stipulated by provisions of Article 64 §11 of the Civil Proceedings Code – have been equipped with judicial capacity, as they can be party to legal relations constituting the subject of action. The participation of such entities in proceedings under civil law – while potentially concerning any case – shall only apply to cases under civil law wherein entities as duly indicated act to protect their legal circumstances associated with events potentially occurring prior to the commencement of judicial proceedings. They should only appear as parties in civil cases involving their activities on their own behalf and to their own benefit.

scholarly journals Banking sector development and foreign direct investment. A case of Botswana

2014 ◽  
Vol 4 (3) ◽  
pp. 44-50
Author(s):  
Kunofiwa Tsaurai
Keyword(s):  
Host Country ◽  
Banking Sector ◽  
Fdi Inflows ◽  
The Third ◽  
Long Run ◽  
Banking Sector Development ◽  
The Subject ◽  
Causality Relationship ◽  
The Moment ◽  
The Relationship

The study investigates if there is a causality relationship between banking sector development and FDI inflows in Botswana. Though quite a number of authors have written on the subject, there appears to be no consensus on the directional causality between banking sector development and FDI inflows into the host country. At the moment, three dominant perspectives exist regarding the relationship between banking sector development and FDI inflows into the host country. The first perspective says that banking sector development attracts FDI inflows into the host country. The second perspective suggests that there is a positive feedback effect between banking sector development and FDI inflows whilst the third perspective maintains that there is no direct causality relationship between the two variables. The results from this study are consistent with the third perspective that says there is no direct causality relationship between banking sector development and FDI net inflows. This confirms that the long run relationship between banking sector development and FDI net inflows is an indirect one and the two set of variables affect each other indirectly through other factors in Botswana.

The Changing Views of a Philosopher of Chemistry on the Question of Reduction

2016 ◽  
Author(s):  
Eric R. Scerri
Keyword(s):  
Quantum Mechanics ◽  
Mathematical Theory ◽  
Approximate Solutions ◽  
Electron Systems ◽  
Atomic Systems ◽  
Quantum Mechanical Description ◽  
The Subject ◽  
The Moment ◽  
The Relationship

The question of the reduction of chemistry to quantum mechanics has been inextricably linked with the development of the philosophy of chemistry since the field began to develop in the early 1990s. In the present chapter I would like to describe how my own views on the subject have developed over a period of roughly 30 years. A good place to begin might be the frequently cited reductionist dictum that was penned in 1929 by Paul Dirac, one of the founders of quantum mechanics. . . . The underlying laws necessary for the mathematical theory of a larger part of physics and the whole of chemistry are thus completely known, and the difficulty is only that exact applications of these laws lead to equations, which are too complicated to be soluble. (Dirac 1929) . . . These days most chemists would probably comment that Dirac had things backward. It is clear that nothing like “the whole of chemistry” has been mathematically understood. At the same time most would argue that the approximate solutions that are afforded by modern computers are so good as to overcome the fact that one cannot obtain exact or analytical solutions to the Schrödinger equation for many-electron systems. Be that as it may, Dirac’s famous quotation, coming from one of the creators of quantum mechanics, has convinced many people that chemistry has been more or less completely reduced to quantum mechanics. Another quotation of this sort (and one using more metaphorical language) comes from Walter Heitler who together with Fritz London was the first to give a quantum mechanical description of the chemical bond. . . . Let us assume for the moment that the two atomic systems ↑↑↑↑ . . . and ↓↓↓↓ . . . are always attracted in a homopolar manner. We can, then, eat Chemistry with a spoon. (Heitler 1927) . . . Philosophers of science eventually caught up with this climate of reductionism and chose to illustrate their views with the relationship with chemistry and quantum mechanics.

Temporal certainty of material civil legal relations. Some problematic issues

2021 ◽  
pp. 91-96
Author(s):  
P. Guyvan
Keyword(s):  
Civil Rights ◽  
New Right ◽  
Legal Relationship ◽  
Temporal Boundary ◽  
The Moment ◽  
Definition Of ◽  
The Right ◽  
Substantive Law ◽  
Real Essence ◽  
The Relationship

This article is devoted to the study of the scientific question of the temporal parameters of the certainty of the protection and legal relationship that arises in the case of violation of the subjective civil rights of the person. The author’s vision of the time of existence of the law is given, in this context the fundamental difference between the concepts of "duration of the legal relationship" and "time of exercise of subjective right" is substantiated. It is substantiated that the duration of the behavior of the contractors is not always equal to the duration of the legal relationship, because the moment of the relationship does not always coincide with the moment of its implementation. Along with the legal relationship arises not the behavior itself, but only the legal means of ensuring such behavior – a subjective right and legal obligation. So, on the other hand, the time for the exercise of a subjective right coincides with the period of its existence. Given that the temporal factors in the protection of law have a significant specificity of regulation, a fundamental separation of protective and regulatory material relations. The fact is that it is not always easy to establish a temporal boundary when an intact right passes to a disturbed state. This means that there are certain problems in accessing the appropriate protective tools. Examples of such substitution of concepts and criteria for their elimination are given. The paper also provides a scientific definition of the real essence of the protective relationship, which is that in the case of violation of subjective substantive law there is a different than before, the interaction, which is protective and legal in nature. It includes the material claim of the right holder to the infringer and the corresponding obligation of the latter. It is noted that the forms of implementation of the protection requirement of the holder of the new right may be different, each of them has its own time regulators. For example, a lawsuit is filed for a limited period of time – a statute of limitations, while for operational measures or other out–of–court claims there are special deadlines, or no time limit at all. Therefore, the need for a separate temporal mediation of each of these methods of protective response is emphasized.

scholarly journals Parametric status of the subject of utterance

2020 ◽  
Vol 26 (4) ◽  
pp. 88-94
Author(s):  
N. K. Danilova
Keyword(s):  
Interpersonal Relations ◽  
Point Of View ◽  
Narrative Text ◽  
Narrative Discourse ◽  
Grammatical Subject ◽  
Zero Position ◽  
The World ◽  
The Subject ◽  
The Moment ◽  
The Relationship

The article proposes a possible solution to the problem of the poly-subjectness of narrative discourse, associated with the hybrid nature of artistic communication, in which not only the world of narration is modeled, but also the communicative situation of communication. As one of the parameters of the discursive process, the analysis of which makes it possible to observe the intensive interaction of a number of systems participating in modeling the imaginary world of a work of art, the subject of the statement is considered, in M. Foucault's terminology, an empty position in discourse. The narrative text can be viewed as a complex of a number of communicative phenomena, as a special type of social interaction. A speech act, in which the text becomes an integral component, represents, according to this point of view, a two-unit complex of events, the process of the speaker's production of an utterance and the process of interpretive perception of the finished speech product. The interaction of the author and the reader takes place at the point I here now (Origo), in which an event takes place, which in the theory of the speaking subject of Yu. Kristeva is defined as passing the zero position subject of evocation-process and statement-result. In a complexly structured artistic message, the dynamics of the subject of utterance is expressed in the alternation of pronoun forms. In the structure of discourse, the subject of utterance forms a position, filling which the grammatical subject realizes the relationship between the grammatical and the communicative system, which represents a complex perspective of communication. The observer's area, which determines the communicative situation of narrative discourse, completely excluding interpersonal relations (this is what Bakhtin means when he speaks of the absence of dramatic relations between the author and the reader). The introduction of the observer category makes it possible to describe the position of out-of-access, according to which the author is on the border of fiction. The perspective of the observer explains another feature of literary communication, described by M.M. Bakhtin as the birth of meanings at the moment of meeting (dialogue) of the consciousnesses of both participants.

scholarly journals ENERGY AND FORCE IN THE SYSTEM OF LEGAL RELATIONS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 158-165
Author(s):  
S. G. Ol’kov
Keyword(s):  
Kinetic Energy ◽  
Legal System ◽  
Scalar Equation ◽  
Legal Obligations ◽  
Subjective Rights ◽  
Relationship Of ◽  
The Relationship

The purpose of the article is to deduce the formula of kinetic energy of a specific movement – the movement of subjective rights and legal obligations in legal relations, and to show the relationship of rights and obligations in the legal system in the form of a scalar equation.

scholarly journals The relevance of a contextualisation of the state-individual relationship for child victims of armed Conflict

2017 ◽  
Vol 15 (2) ◽  
pp. 148
Author(s):  
Robbie Robinson
Keyword(s):  
The State ◽  
Child Victims ◽  
Legal Subjectivity ◽  
Legal Relationship ◽  
Starting Point ◽  
German Origin ◽  
The Individual ◽  
Legal Subjects ◽  
Subjective Rights ◽  
The Relationship

The relationship between the individual and the State is discussed in this contribution.  The argument is put forward that both the State and the individual are legal subjects endowed with legal subjectivity. In their relationship it must be accepted that the State is not only endowed with State sovereignty, but also that it prescriptively makes use of its authority. However, theirs is a legal relationship characterised by reciprocal rights and duties so that the balance point in their relationship must as a matter of course be determined legally. As an explanatory model the theory of public subjective rights, which is of German origin, is applied. This theory can serve only as a starting point, though, as it fails to address certain fundamental questions. The viewpoints of authors of the so-called Reformed Tradition will therefore be applied to elaborate on the theory. By adopting this approach it is endeavoured to explain that the relationship between the State and the individual may not be viewed as one characterised by the abuse of State authority or excessive individual claims against the State.

scholarly journals Participants (Subjects) Of Civil Legal Relations As One Of The Criteria For The Identification Of Third Parties

2019 ◽  
pp. 76-87
Author(s):  
O.Ya. Kuzmych
Keyword(s):  
Civil Rights ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
General Character ◽  
Legal Relationship ◽  
Third Person ◽  
The Subject ◽  
Subjective Rights ◽  
Legal Entities

The article is devoted to the development of one of the scientific criteria that can be taken as a basis for the identification of third parties in civil legal relations, namely the participants (subjects) of civil legal relations. The article analyzes doctrinal studies on the problem of understanding the content of such concepts as the participant of civil relations, the subject of civil legal relations, the subject of civil rights. In particular, participants in civil relations are individuals and legal entities, as well as other public entities referred to in Art. 2 of the Civil Code of Ukraine, which having civil capacity and capacity can participate in civil legal relations. At the same time, the subjects of civil legal relations are the participants, whose circle is defined in Art. 2 of the Civil Code of Ukraine, which, in the presence of appropriate prerequisites, have already entered into appropriate civil legal relations. Therefore, having entered into the relevant legal relationship participants, the circle of which is defined in Art. 2 of the Civil Code of Ukraine can become one of the subjects of the legal relationship, which is taken as the basis, and a third person. Particular attention is paid to the relation between such concepts as the subject of civil legal relations and the subject of civil rights. The parties to the civil relationship are a variety of subjects. parties to civil legal relations are subjects of binding legal relations with mutual subjective rights and obligations. As concepts of «party to civil relations», «subjects of civil legal relations», «subjects of civil rights» in relation to the meaning of the concept of «third person» have a general character. In particular, as a third party are the participants whose circle is defined in Art. 2 of the Civil Code of Ukraine, which have already entered into the relevant civil legal relations, and as a consequence, possess the characteristics characteristic of such persons.

scholarly journals ORIGIN OF THE SEPARATE TYPES OF THE GUARANTEE (THE MORTGAGE) LEGAL RELATIONSHIPS

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 28-36
Author(s):  
V.G. Rotan ◽  
◽  
S.V. Ochkurenko ◽  
Keyword(s):  
Civil Code ◽  
Legal Relationship ◽  
Direct Operation ◽  
Legal Construction ◽  
The Moment ◽  
Definition Of ◽  
The Right ◽  
The Relationship

In this article it analyzes the regulations of the Civil Code, which relates to the origin of the legal relationship apropos of the guarantee (mortgage).It notices on the variety of the terms, used by the legislators which relates the origin of the guarantee (mortgage) legal relationships. Here the lacks of the legal technique appeared. But the variety of the terms is caused first of all by the complexity of the complex of the legal relationships, which is the legal construction of the mortgage (guarantee). This is why the necessity of the investigation of the origin of the separate types of the mentioned legal relationship appears. At the moment of the conclusion of the agreement of mortgage the legal relationship which substance contains the rights of mortgagee to satisfy its requirement, guaranteed by the mortgage, appears only as the relationship, which has the frame character, because the standard of law, which is the base of the legal relationship has not the signs of the direct operation. Other legal relationships, which are the part of the legal construction of the mortgage, appear both at the moment of the conclusion of the agreement and later at the coming of the appropriate judicial cases. The definition of the moment of the origin of the separate types of the guarantee( mortgage) legal relationship allow to bring in these relationship the necessary legal determination and to choose correctly the means of the defense of the right of participants of the proper relations.

scholarly journals Correlation of Environment, Nutrition, Genetics, Epigenetics, Microbiota with Neonatal Fetus Development

2021 ◽  
Author(s):  
Iván Enrique Naranjo Logroño ◽  
Anthony Alfonso Naranjo Coronel ◽  
Angie Daniela Beltrán Vera ◽  
Ashley Carolina Cuzco Macías
Keyword(s):  
Human Development ◽  
Fetal Development ◽  
Phenotypic Expression ◽  
External Factors ◽  
Neonatal Development ◽  
Palabras Clave ◽  
The Subject ◽  
The Moment ◽  
The Relationship

Introduction: From the moment of conception the human being is predisposed to undergo changes in fetal and neonatal development due to various external factors that occur throughout life and can in the long term influence the phenotypic expression of the new being. Objective: The objective of this work is to determine the relationship between the environment, nutrition, genetics, epigenetics and microbiota with neonatal fetus development and how they influence the phenotypic expression of the new being. Methods: A non-systematic search was performed in electronic databases such as COCHRANE, PUBMED, MEDLINE, etc. The bibliographic research was carried out in the period between October 2019 and January 2020. The studies carried out from 2007 to 2019, in the languages of Spanish and English, were included. Results: We found 51 bibliographic sources related to the subject, of which by means of a last simplification, 30 scientific articles were used that provided important information on the subject, and 21 articles were excluded. Conclusion: Research on methods to detect these interactions and to understand the mechanisms of these interactions is just beginning. However, there is evidence that they play an important role in human development. Keywords: neonatal development, epigenetics, microbiota, fetal development, nutrition. RESUMEN Introducción: Desde el momento de la concepción el ser humano está predispuesto a sufrir cambios en el desarrollo fetal y neonatal debido a diversos factores externos que se presentan a lo largo de la vida y pueden a largo plazo influir en la expresión fenotípica del nuevo ser. Objetivo: El objetivo del presente trabajo es determinar la relación que existe entre el medio ambiente, nutrición, genética, epigenética y microbiota con el desarrollo feto neonatal y como los mismos influyen en la expresión fenotípica del nuevo ser. Métodos: Se realizó una búsqueda no sistemática en bases de datos electrónicas como COCHRANE, PUBMED, MEDLINE, etc. La investigación bibliográfica se realizó en el periodo comprendido entre octubre 2019 y enero 2020. Se incluyeron estudios realizados desde el año 2007 hasta el año 2019, en los idiomas de español e inglés. Resultados: Se encontraron 51 fuentes bibliográficas referentes al tema, de los cuales mediante una última simplificación se utilizaron 30 artículos científicos que aportaron información importante del tema y se excluyeron 21 artículos. Conclusiones: La investigación sobre métodos para detectar estas interacciones y para comprender los mecanismos de estas interacciones apenas está comenzando. Sin embargo, hay evidencia de que estas juegan un papel importante en el desarrollo humano. Palabras clave: desarrollo neonatal, epigenética, microbiota, desarrollo fetal, nutrición.

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