scholarly journals Legal Aspects Of Implementation Of The Spouse's Inheritance Right

Author(s):  
Mamaraimova Gulrukh Makhmudovna ◽  
◽  
Atalykova Guljazira Shurakhanovna ◽  

This article analyses the problems and solutions regarding the inheritance rights of the surviving spouse, whose legal marriage with the testator was not annulled, but who did not live together for many years before the termination of the actual family relationship, or who actually started a family relationship with another person. You can also familiarize yourself with the content of the legislation of Germany, France and Georgia on this issue.

2015 ◽  
Vol 4 (3) ◽  
pp. 47-71 ◽  
Author(s):  
Mohamed Sobaih Aly El-Mekawy ◽  
Jesper M. Paasch ◽  
Jenny Paulsson

This article continues a research on the feasibility of BIM for 3D cadastre in unified building models, presented in . It describes problems and solutions concerning interaction between BIM and the registration and visualisation of legal 3D property information. BIM and legal 3D property are two seemingly different domains, and there is a lack of BIM-3D property research in relation to technical and registration issues. The article therefore focuses on possibilities and difficulties of addressing legal interests (i.e. rights, restrictions and responsibilities) in land. A Swedish case study is used to describe the use of 3D property formation and registration in Sweden, and how it might be possible to achieve a more integrated, standard based registration of legal boundaries and physical buildings. The results emphasize how BIM and 3D property domains can interact to serve the needs for effective information handling by e.g. importing 3D cadastral boundaries into BIM as basis for decision-making or to use BIM as input in the 3D cadastral formation process.


3D Printing ◽  
2017 ◽  
pp. 119-144
Author(s):  
Mohamed Sobaih Aly El-Mekawy ◽  
Jesper M. Paasch ◽  
Jenny Paulsson

This article continues a research on the feasibility of BIM for 3D cadastre in unified building models, presented in . It describes problems and solutions concerning interaction between BIM and the registration and visualisation of legal 3D property information. BIM and legal 3D property are two seemingly different domains, and there is a lack of BIM-3D property research in relation to technical and registration issues. The article therefore focuses on possibilities and difficulties of addressing legal interests (i.e. rights, restrictions and responsibilities) in land. A Swedish case study is used to describe the use of 3D property formation and registration in Sweden, and how it might be possible to achieve a more integrated, standard based registration of legal boundaries and physical buildings. The results emphasize how BIM and 3D property domains can interact to serve the needs for effective information handling by e.g. importing 3D cadastral boundaries into BIM as basis for decision-making or to use BIM as input in the 3D cadastral formation process.


2019 ◽  
Vol 2 (1) ◽  
pp. 13-17
Author(s):  
Cornelis Hendra Watungadha ◽  
Muhammad Arfah P ◽  
Yulia A Hasan

Penelitian ini bertujuan untuk mengidentifikasi pemberian izin perkawinan beda agama.  Penelitian menggunakan metode kualitatif, yang bersumber dari data informan kunci, dokumen-dokumen dan wawancara serta bahan-bahan dari pustaka yang berlaku dan berkaitan dengan pemberian izin nikah beda di Pengadilan Negeri Makassar. Hasil penelitian menun-jukkan bahwa fenomena perkawinan beda agama yang terjadi di kalangan masyarakat Indonesia bisa menimbulkan berbagai macam permasalahan dari aspek hukum dan lingkungan masyarakat. Perkawinan beda agama menurut Undang-Undang No 1 Tahun 1974 adalah perkawinan yang sah, karena berdasarkan Pasal 2 ayat (1) Undang-Undang Perkawinan No 1 Tahun 1974, perkawinan yang sah adalah perkawinan yang dilakukan menurut hukum masing-masing agama dan kepercayaan. Dari Pasal 2 ayat (1), berbunyi bahwa undang-undang perkawinan menyerahkan sahnya suatu perkawinan dari sudut agama, jika suatu agama memperbolehkan perkawinan beda agama maka perkawinan agama boleh dilakukan, tetapi jika suatu agama melarang perkawinan beda agama, maka tidak boleh melakukan perkawinan beda agama. Berda-sarkan hasil penelitian lapangan menunjukkan bahwa setiap agama di Indonesia melarang untuk melakukan perka-winan beda agama. Oleh karena itu, perkawinan beda agama adalah perkawinan yang tidak sah menurut undang-undang perka-winan, serta Hakim juga harus melihat bagaimana rumah tangga pelaku perkawinan beda agama ke depannya, karena sulit terjadi keharmonisan dalam keluarga jika masing-masing pasangan tunduk pada agama yang berbeda, dan rentan perse-lisihan antar pasangan dalam hal mengasuh anak.  This study aims to identify the licensing of interfaith marriages. The study uses qualitative methods, which are sourced from key informant data, documents and interviews as well as material from applicable libraries and are related to granting different marriage licenses in the Makassar District Court. The results showed that the phenomenon of interfaith marriages that occurred among Indonesian people could cause various kinds of problems from the legal aspects and the community environment. Interfaith marriage according to Law No. 1 of 1974 is a legal marriage, because based on Article 2 paragraph (1) of Marriage Law No. 1 of 1974, a legal marriage is a marriage conducted according to the law of each religion and belief. From Article 2 paragraph (1), it states that the marriage law gives up the validity of a marriage from the point of religion, if a religion allows interfaith marriages then religious marriages are permissible, but if a religion prohibits interfaith marriages, then no marriages may be of different marriages. religion. Based on the results of field research shows that every religion in Indonesia forbids interfaith marriages. Therefore, interfaith marriages are illegitimate marriages according to marriage law, and the Judge must also look at how households of interfaith marriages in the future, because harmony in the family is difficult if each partner is subject to different religions, and prone to disputes between partners in parenting.


2016 ◽  
Vol 16 (1) ◽  
Author(s):  
M Jamil

Family relationship for someone is something very important. Due to this relation, people would have family relation to whom they are connected. The importance of nasab discussion because it relates someone to a lot of matters, such as inheritance, guardian, and equality (kafâ’ah) of husband and wife before marriage. The fiqh scholars and commentators disagree with the meaning of nasab. Many Scholars say that nasab is the relationship between a man and his child related to legal marriage. Hanafiyah states that nasab is the relationship between a man and his child due to genetic relationship. The logical consequence of this difference is in inheritance. Many scholars assert that inheritance is only connected to legitimate family relationship while Hanafiyah tend to say that inheritance is related to blood relations.DOI: 10.15408/ajis.v16i1.2902


2020 ◽  
Vol 9 (2) ◽  
pp. 365-388
Author(s):  
Vitalii Olyukha ◽  
Vladimira Dobrovolska ◽  
Valentyna Chaikovska ◽  
Vadim Popeliuk ◽  
Juliіa Dyshkantiuk

This article is devoted to changes in the economic and legal conditions of audit activity in the context of a pandemic and its consequences. It will be useful both to top managers of companies and to audit companies and their specialists. The object of the research is public relations in the field of auditing. The interests of the three main parties are distinguished separately: states, business and auditing companies. The work has the following structure: world experience in auditing during a pandemic; national legal framework for auditing: problems and solutions; the current state of the audit services market: problems and solutions; recommendations to the participants of the audit market. The research methodology is based on general and special scientific methods, in particular: historical-legal, formal-legal, comparative analysis, and modeling. The study concludes that it is the audit system that still acts as a locomotive for the business environment, since an audit is at the forefront of the latest technological solutions (processing Big Data, leveling information asymmetry), is able to quickly work with financial and economic reporting data and propose appropriate measures. However, for this, the business should not be afraid to change in the wake of this new changing world, and audit companies should quickly adapt to new trends and needs.


2015 ◽  
Vol 9 (1) ◽  
Author(s):  
Adebayo Sulaiman Olanrewaju ◽  
Olawa Babatola Dominic ◽  
Ogunbor Osasogie

Since the whole human population are products of the family, it may be deduced that a substantial proportion of the social-vices besieging the modern world emanate from maladaptive socialization process of the family domain. To achieve a capable and positive functioning socialization process, harmonious and healthy relationships must be ensured among and between each member of the family. Taking into consideration the overarching positive influence of valuable family relationship on healthy family lives, it is highly essential to investigate the predicting factors of good family relationships. Accordingly, this study tested whether family structures and gender role orientations would predict quality of family relationships. Ninety-eight participants who were selected using cluster sampling method from Ekiti State University, Ado-Ekiti, Nigeria, completed self-report instruments comprising of Index of Family Relations (IFR), Bem Sex-Role Inventory (BSRI) and the Personal Data Sheet (PDS). Hypotheses were tested using one-way ANOVA and multiple regressions. Findings suggest that participants from traditional marriage families reported better family relationships than those from single-parent, divorced and court/legal marriage families. Additionally, the expression of feminine traits by family members (regardless of sex) seems to account for a well knitted family relationship than the expression of the nearly feminine trait, androgynous trait and nearly masculine trait. Results were discussed in line with previous literature and it was recommended that traditional/customary marriage should not be jettisoned in the process of family formation but should be done in conjunction with court/legal marriage. Similarly, the expression of feminine traits by each family member regardless of their sex should be encouraged to forestall family conflicts and ensure good family relations.


1998 ◽  
Vol 1 (3) ◽  
pp. 171-171
Author(s):  
David Goldmeier

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