The Right Of A Husband (Wife) To Inherit At The Factual Dissolution Of Marriage

Author(s):  
Yusupova Oysha Matnazarova ◽  

In many foreign countries today, the development trends of marriage and family show that along with the officially strengthened relationship between husband and wife, the factual relationship is also becoming more important. This in turn affects the couple’s right to inherit. The rapidly evolving processes of interstate integration and globalization make it necessary to improve the inheritance rights of couples in the law of succession, which is relatively conservative in nature. The aim of this research is to improve the existing inheritance law of the Republic of Uzbekistan by defining the criteria for declaring a marriage relationship between the spouses in practice and studying the scope of the spouses' legal rights to inherit in the event of the actual dissolution of the marriage. To achieve this goal, the following tasks have been identified: to clarify the status of the couple, to analyze the actual dissolution of the marriage as an obstacle to the exercise of the right of inheritance, development of proposals to improve national legislation on the rights of spouses to inheritance through the study of foreign experience.

2018 ◽  
Vol 9 (1) ◽  
pp. 112
Author(s):  
Yerzhan Maratovich KHAKIMOV

The article is devoted to a study of administrative and legal enforcement actions against violators of road safety (RS) laws used in the Republic of Kazakhstan and some foreign countries. The aim of the present article is to analyze ways of bringing to justice the perpetrators of traffic offences in the national legislation of Kazakhstan and some foreign countries, to assess their effectiveness and the possibility of using foreign experience in the national legal field. The article examines the foreign organizational and legal experience in the application of administrative responsibility for violators of RS laws and the administrative regulations of Kazakhstan; the conclusions have been made, and the recommendations for further improvement of measures to bring to justice violators of RS laws have been given. The author subjects the use of the fine as the main mechanism for bringing to justice perpetrators of the traffic violations to fair criticism. Based on the study of normative materials on administrative law and the experience of foreign countries in counteraction to RS violations, the author suggests ways to eliminate causes and conditions for committing traffic safety violations and formulates the proposals for further improvement of the administrative legislation of the Republic of Kazakhstan, in particular, excluding the prevarication when using the data of photo and video fixation of traffic offences. The main provisions and conclusions of the article can be used in scientific and practical activities in addressing the issues of law violation prevention, the comparative characteristics of the norms of responsibility for RS violations of Kazakhstan and foreign countries laws, and in the subsequent reform of statutory regulations on administrative offences.


2019 ◽  
Vol 4 (2) ◽  
pp. 20-32
Author(s):  
Qurrotul Uyun

Designation (naturalization) includes giving Indonesian citizenship status of one or a number of people from foreign nationals, or gives the status as a citizen of Indonesia or the number of people who do not have citizenship (stateless) .According to the laws of the Republic of Indonesia citizens who have dual citizenship must choose one of these citizenship so until he has only one nationality. For Indonesian citizens are treated when these approvals to those Indonesian nationals, according to Indonesian citizenship legislation that called "gain" or "select" nationality of the Republic of Indonesia will be replaced with Indonesian nationality, and which are called "retained" Dutch nationality or nationality of foreign countries or "reject" Indonesian nationality. So goes the Indonesian nationality, if it has lost the nationality Indonesia automatically all matters concerned with the rights and obligations of citizens or her country also erased or lost. The problem that will be discussed are: Does the right of repudiation in the process of selecting citizenship status lead to legal consequences for those concerned? Does repudiation rights used in the process of selecting citizenship status in Indonesia? By studying this research, it is expected to find out the point of problems in selecting indonesian citizenship.This research used qualitative. Since this method is a directed and systemic method. In addition, this research study used statute approach and conceptual approach. It is an approach which comes from views and doctrines that are developed in the science of law.The findings of this research are: first, as a result of law that is rejected, rejected state has no right to force someone to reject the offer, this happens because of self-will without intervension from other sides. Since, the status of citizenship related to the existence in getting right and obligation of someone in every action.  The second problem is repudiation right that is used in Indonesia by special naturalization. It means that the state is able to offer or give citizenship status by using it, and in this session, the citizen has right to receive or reject that offer.


Author(s):  
Yusupova Oysha Matnazarova ◽  

Nowadays, tendencies of marriage and family relations in many foreign countries show that factual family relationships are also obtaining great importance along with official marriage between spouses. This fact, in consequence, is influencing on the couple’s rights to inherit. Rapid interstate integration and globalization make it necessary to improve the institute of spouses’ inheritance within inheritance law, that is characterized as a conservative sphere of law. The aim of this research is to improve existing inheritance legislation of the Republic of Uzbekistan by defining the criteria for declaring factual


Notaire ◽  
2021 ◽  
Vol 4 (3) ◽  
pp. 373
Author(s):  
Muhammad Setya Ady Syarifuddin

There are several factors that can cause problems in the land sector in Indonesia, one of which is inheritance. This study aims to determine: 1) the legal position of the heirs of foreign citizens in the object of inheritance in the form of land rights obtained from inheritance with Indonesian citizenship; and 2) The validity of the control of land rights by foreign countries on objects originating from the inheritance of Indonesian citizens. The research method uses a normative juridical approach to the law (statute approach), conceptual approach (conceptual approach), and case study approach (case study). The results of the study are heirs who have changed their status to foreign citizens can also be proven by their lineage or have blood relations so that if they acquire property in the form of land originating from inheritance while those who control the property are foreign nationals, if possible, do so to discuss the object. through an exchange, grant, or auction within a maximum period of 1 (one) year, the status will automatically switch. If the land has been turned into state land, then the owner is considered to have relinquished his rights but the owner is still given the opportunity by law to be able to apply for the Right to Use the land.Keywords: Inheritance Law; Legality Of Ownership Of Land Rights; Foreign Nationalilty.Terdapat beberapa faktor yang dapat menimbulkan permasalahan di bidang pertanahan di Indonesia, salah satunya adalah pewarisan. Penelitian ini bertujuan untuk mengetahui: 1) Kedudukan hukum ahli waris warga negara asing dalam pewarisan obyek waris berupa hak atas tanah yang diperoleh dari pewarisan berkewarganegaraan Indonesia; dan 2) Keabsahan penguasaan Hak Atas Tanah yang dilakukan oleh warga negara asing atas obyek yang berasal dari Pewarisan berkewarganegaraan Indonesia. Metode penelitian menggunakan yuridis normatif dengan pendekatan perundang-undangan (statute approach), pendekatan konseptual (conceptual approach), dan pendekatan studi kasus (case study). Hasil penelitian yaitu ahli waris yang telah berubah status kewarganegaraan menjadi warga negara asing juga dapat menjadi ahli waris yang dibuktikan dengan adanya garis keturunan atau memiliki hubungan darah sehingga jika memperoleh harta berupa tanah yang berasal dari pewarisan sedangkan yang menguasai harta tersebut sudah menjadi warga negara asing maka sebaiknya dilakukan peralihan terhadap obyek tersebut melalui jual beli, tukar menukar, hibah, atau lelang dalam jangka waktu maksimal 1 (satu) tahun karena jika lebih dari jangka waktu tersebut maka status tanah akan beralih secara hukum menjadi tanah negara. Jika tanah tersebut telah beralih menjadi tanah negara maka si pemilik dianggap telah melepaskan haknya tetapi si pemilik masih diberi kesempatan oleh undang-undang untuk dapat mengajukan permohonan Hak Pakai atas tanah.Kata Kunci: Hukum Waris; Keabsahan Kepemilikan Hak Atas Tanah; Warga Negara Asing.


2019 ◽  
Vol 8 (3) ◽  
pp. 270-282 ◽  
Author(s):  
Sunita Maharaj-Landaeta

The Objective of this paper is to showcase the experience of teachers who work with children of refugees, asylum seekers and children on the move in Trinidad & Tobago. These experiences can be considered by other educators on the international front, who work with migrant children as a frame of reference for dealing with them when they enter new environments. This topic is quite relevant in a world where children are constantly being uprooted and have to leave their home countries for the unknown. The paper aims to highlight the unique context under which these migrant children are informally educated. For reasons of risk and child protection, the paper will not use real names, locations and will focus only on the experiences of the educators/teachers. The paper will highlight the views of 29 teachers and teaching volunteers who spent more than 20 months trying to find alternative educational solutions for children of refugees, asylum seekers and migrant children on the move who are not allowed to enter the mainstream of public or private schools within Trinidad & Tobago. To give background and context, The Republic of Trinidad and Tobago acceded to the 1951 Convention on the Status of Refugees and its 1967 Protocol. In 2019, the country has still, not passed any legislation or administrative regulations on asylum or refugee status, nor established a national refugee status determination procedure. The Venezuelan crisis and Cuban political and economic situation have contributed to a dramatic rise in the number of asylum seekers and refugees reaching to the nearby shores of Trinidad & Tobago in recent times. The borders of T&T are quite porous, and relatively unprotected allowing for constant new arrivals. Phillips (2018) reported, ‘160 arrivals everyday’. This influx of migrants and children on the move is putting the Republic in a position where educational practices need to be more closely examined, as the country’s lack of legislation on refugee and asylum matters, and the country’s immigration law, adopted prior to accession to international refugee instruments, does not provide an adequate framework for refugee protection and asylum issues. This simply put, means that the migrant population does not have the right to work, the right to an education; or any legal rights. Poignant is that the average Trinbagonian seems quite unaware of the needs and plight of this population of concern (POC). There are many uncertainties and negative impacts, since Trinidad & Tobago is considered by all to be a transit point and not a settlement zone for refugees, asylum seekers and people on the move. This paper will trace the challenges involved in educating the children of these persons who do not have legal standing within the country from the perspective of educators who have been directly involved in searching for educational solutions.


Author(s):  
Amirov Zafar Aktamovich ◽  

This article analyzes the data provided by local law educational institutions and the Chamber of Advocates of the Republic of Uzbekistan, as well as national legislation of the Republic of Uzbekistan and foreign experience. Analysis showed critical lack of legal personnel in comparison with the people of the Republic of Uzbekistan at the lack of legal training a couple of times population. Concluding the research, proposals and recommendations to increase the number of lawyers in the country were given.


Author(s):  
Muhammad Yusuf Siregar ◽  
Risdalina Risdalina ◽  
Sriono Sriono

This study aims to analyze the legal aspects of the Position of Inheritance Rights of Girls in the Context of Islamic Inheritance in Indigenous Mandailing in Sipirok District, South Tapanuli Regency. This research is empirical normative namely research by looking at existing conditions in the field by linking the source of Islamic Law and the legal source of Regulations in force in the Republic of Indonesia. The benefits to be received from the results of this study are to determine the Position of Inheritance of Girls in the Context of Islamic Law and Regulations in Indonesia and the Position of Inheritance of Girls in the Context of Islamic Inheritance in Mandailing Customs in Sipirok District, South Tapanuli Regency, the results of the study stated that In Islamic Inheritance Law strongly recognizes the position of the daughter in receiving inheritance with a strong legal basis in accordance with the al-Qur’an. In Islamic Inheritance Laws, a daughter has a position as Nasabiyah's heir so that she has the right to receive inheritance. In the Mandailing customary inheritance law in Sipirok Mandailing Natal, the position of a daughter is considered as an heir when a male heir is found, but if the girl is a mere woman, the woman is not entitled to inheritance from her parents. The distribution of inheritance in the Mandailing Inheritance law in Sipirok Mandailing Natal uses local customary law, as a basis for the distribution of inheritance which is still being realized in the Community.


Author(s):  
M. V. Andryiashka ◽  

The article analyzes individual measures aimed at protecting and strengthening the institutions of marriage and family in the Republic of Belarus, in particular, the establishment of a differentiated rate of state duty charged for divorce in both judicial and administrative procedures, as well as the provision of basic and additional term for divorcing spouses to take reconciliation measures. The article is based both on the norms of international legal acts and their interpretation by the authorized bodies, as well as on the norms of the national legislation of the Republic of Belarus and current statistical data. The article draws a number of conclusions: on the non-uniform application of security terminology in relation to the institutions of marriage and family; on the irrational approach to setting the rates of state fees charged for divorce in an administrative procedure; on unnecessary administrative barriers in the form of a two-month term for registration of a divorce in administrative procedure.


Temida ◽  
2012 ◽  
Vol 15 (3) ◽  
pp. 99-114 ◽  
Author(s):  
Natasa Rajic

This paper discusses the normative framework of regulating the right to protection of personal data relating to biomedical treatment procedures of patients as human rights. The subjects of analysis are the European Convention, the Convention on Human Rights and Biomedicine and the relevant provisions of the Constitution of the Republic of Serbia. The right to protection of personal data in the field of biomedicine is analyzed comparatively in terms of the content of this right and in terms of basis for limiting this right. The analysis is carried out to find answers to the question if the constitutional framework is consistent in terms of exercising this right, taking into account the constitutional provision on the direct application of human rights guaranteed by international treaties and other provisions that determine the status of international sources of law in our legal system.


2018 ◽  
Vol 28 (1) ◽  
pp. 79-84
Author(s):  
Vojo Belovski ◽  
Biljana Todorova

The paper starts from the general approach to the content and essence of the categories of power and authority and their interrelationship at the level of theoretical analysis and practical existence and manifestation.The sources from which the power and the authority of managers emerge will be analyzed taking into account their position and role in the organizations and other forms of the existence of the managerial function.The power is the right to order and obligation to respect / apply the order - it is very present in the work and behavior of the managers. The power is visible in the area of the state activities, in the education system, among the family.The authority represents carrying out the will even when it is contrary to the interests of others. You can talk about economic, ideological, religious, media authority, the authority of political parties and interest groups.Organizations are composed of persons who perform greater or lesser degrees of authority and power. Sometimes the power and authority in the organization arise from the position of a person in the organization or from the knowledge and skills that a person possesses. Others express their authority in interpersonal relationships through their character. In practice, it is seen that individuals have formal power and no real authority.Most directly, the authority of managers is derived from their functions / activities in the enterprise, from the right to command and direct other people in their tasks and responsibilities. Their power stems from the right and the ability to create an environment in which other individuals will participate in the realization of the organization's goals, in other words, the right to create an atmosphere that will encourage people to dedicate themselves to the work and development of the enterprise.The authority of managers arises from their intellectual knowledge, often higher than the knowledge of employees, which also activates authority as a voluntary acknowledgment of influence on the subordinate.Through an analytical approach, analyzes will be made on some issues and aspects of the status of managers in the Macedonian society, through projected grouping / classification of types of managers. Also, an answer to the question of why the managerial function in the Republic of Macedonia is reviving.


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