scholarly journals Stosowanie przepisów prawa spadkowego Code civil przez sądy Wolnego Miasta Krakowa – sprawa Sawiczewskich

2021 ◽  
Vol 14 (3) ◽  
pp. 307-330
Author(s):  
Piotr Michalik
Keyword(s):  
Nineteenth Century ◽  
Detailed Analysis ◽  
Original Intent ◽  
Depth Study ◽  
University Professor ◽  
The Law ◽  
The Republic ◽  
Law Of Succession ◽  
Court Of Appeal ◽  
Code Civil

The Application of the Law of Succession of the Code civil by the Judiciary of the Free City of Kraków – the Sawiczewscy Case The aim of this paper is to present the in-depth study of the only one piece of the adjudication activity of the judiciary in the Free City of Cracow (1815–1846) – the Sawiczewscy case. Named after its subject, the division of the estate of well-known Cracow’s pharmacist and university professor Józef Sawiczewski, the case is the example of rich source of material for the researcher in the field of the application of the French law of succession in the Republic of Cracow. In its first part the article describes the case proceedings including written pleadings lodged by the parties, rulings of the Cracow’s courts: the Tribunal of First Instance, the Court of Appeal, the Court of Third Instance and also the opinion of the Professors and Doctors of the Faculty of Law of the Jagiellonian University. Due to that detailed analysis, the process of the interpretation of the Code civil regulations by the Cracow’s lawyers can be fully understood and properly evaluated. The comparative base for that evaluation is presented in the second part of the paper, which outlined the nineteenth century French interpretation of institutions of the law of succession applied in the case, i.e. the restitutions (rapports) and the disposable proportion (quotité disponible). As regards this base the outcomes are unsatisfactory since the members of the judiciary of the Free City of Kraków failed to meet not only the original intent but also the contemporary French understanding of the law of succession of the Code civil.

scholarly journals Novelties in the Civil Procedure of the Brčko District of Bosnia and Herzegovina

2005 ◽  
Vol 77 (10) ◽  
pp. 558-569
Author(s):  
Ranka Račić
Keyword(s):  
Bosnia And Herzegovina ◽  
Civil Procedure ◽  
Legal Remedies ◽  
The Law ◽  
The Republic ◽  
Court Of First Instance ◽  
Court Of Appeal

Brčko District has its own, special courts, and its own laws, which differ from the laws of the entities. The Law on Civil Procedure of Brčko District of Bosnia and Herzegovina was drafted and influenced by the Law on Civil Procedure of the Republic of Srpska and Law on Civil Procedure of the Federation of Bosnia and Herzegovina. However, the Law on Civil Procedure of Brčko District of Bosnia and Herzegovina has introduced many novelties which arc listed in this paper, through the systematization of the law. Differences are remarkable and consist of different regulation of the procedural efficiency, introduction of the court of appeal, different regulation of principles of discussion and investigation, incorporation of the trial before one judge in the court of first instance, lack of the court's obligation to teach ignorant party. There are major discrepancies in the preparation of main hearings and main hearings, in the mediation procedure and structure and nature of the legal remedies.

scholarly journals Privacy, Corrective Justice, and Incrementalism: Legal Imagination and the Recognition of a Privacy Tort in Ontario

2013 ◽  
Vol 59 (1) ◽  
pp. 49-94 ◽  
Author(s):  
Thomas DC Bennett
Keyword(s):  
Detailed Analysis ◽  
Common Law ◽  
Corrective Justice ◽  
Judicial Activism ◽  
The Novel ◽  
Incremental Development ◽  
Privacy Laws ◽  
The Law ◽  
Court Of Appeal

This article considers the nature of common law development as exemplified by the recent privacy case of Jones v. Tsige. The author focuses on Jones, in which the Ontario Court of Appeal recognized the novel privacy tort of “intrusion upon seclusion”. Using a detailed analysis of the case as its basis, the article explores issues which have much wider significance for the judicial development of privacy laws: the process of incremental elaboration of the law, the moral impulses at work within it, and the relevance of imagination to its operations. By drawing out these discrete issues and analyzing the role that each plays in Jones, the article offers a framework for examining such questions in future privacy cases. Moreover, this article argues that the judgment in Jones brings valuable clarity to the analysis of the process of common law development. In particular, the essay concludes that the novel privacy tort recognized in Jones is the result of a legitimate incremental development rather than an instance of undue judicial activism.

scholarly journals Kewenangan Mahkamah Konstitusi dalam Menafsir Undang-Undang Dasar Negara Republik Indonesia Tahun 1945

EKSPOSE ◽  
2019 ◽  
Vol 16 (1) ◽  
pp. 349
Author(s):  
Syawaluddin Hanadi
Keyword(s):  
Constitutional Court ◽  
Historical Interpretation ◽  
Original Intent ◽  
The Law ◽  
The Republic ◽  
Sociological Interpretation

The Constitutional Court as a judicial institution plays an important role in the enforcement of Indonesian law. The institution authority is to interpret the constitution. In accordance with its function, the institution is able to provide an interpretation, not only the juridical interpretation but also the theological or sociological interpretation, letterlijk (original intent), and historical interpretation. These interpretations are used to assess the presence of the law which is considered contrary to the 1945 Constitution of the Republic of Indonesia

La cessation des fonctions des membres de la Cour constitutionnelle en droit congolais : modalités et effets juridiques

2021 ◽  
Vol 54 (1) ◽  
pp. 78-97
Author(s):  
Dieu-Merci Ngusu Masuta
Keyword(s):  
Theoretical Analysis ◽  
Detailed Analysis ◽  
Constitutional Law ◽  
The Other ◽  
Constitutional Court ◽  
Other Hand ◽  
Legal Nature ◽  
The Law ◽  
The Republic ◽  
The One

This article provides a study of the modalities and legal effects of the termination of the functions of members of the Congolese Constitutional Court. It offers a detailed analysis based mainly on the relevant provisions of Ordinance No. 16/070 of August 22, 2016 on the special status of members of the Constitutional Court. This Ordinance was adopted in application of the Congolese Constitution of February 18, 2006 in conjunction with organic-law No. 13/026 of October 15, 2013 on the organization and functioning of the Constitutional Court. Distinguishing on the one hand the normal cause of cessation of functions - the expiry of the mandate - and on the other hand the so-called exceptional causes - the resignation, dismissal and death of a member -, the study shows that the enumeration thus retained from the ordinance is incomplete with regard to the above-mentioned organic law. Thus, the list must be supplemented with the "nullity of the appointment" of a member in accordance with articles 2 and 3 of that organic law. The law is silent, however, on the issue of the voluntary retirement of members, although the implementation of this right inevitably has an impact on the end of their functions. The study therefore continues by an examination of both the general and the specific legal effects of these different modalities of ending the functions of a member of the Constitutional Court. Finally, in order to support and complete this essentially theoretical analysis, the article also looks at the question that remains most topical in Congolese constitutional law, namely the legal nature of the 'power' of the President of the Republic to appoint members of the Constitutional Court to other Courts or functions during their term of office. It concludes that such a power is not justified in the current framework of Congolese constitutional law. Indeed, it is inconceivable that such appointments should be imposed on the Constitutional Court members, their acceptance being the only exception to the principle of irremovability that governs them. Such a case should be considered one of voluntary resignation and a subsitute member should therefore only be appointed after this situation has been ascertained and established by the Constitutional Court.

Trinidad and Tobago: A Case for Reform in the Law of Succession

1996 ◽  
Vol 45 (3) ◽  
pp. 675-684 ◽  
Author(s):  
Karen Tesheira
Keyword(s):  
Trinidad And Tobago ◽  
The Bahamas ◽  
English Speaking ◽  
The Law ◽  
The Republic ◽  
Law Of Succession

It is rather distressing, if not tragic, that the Republic of Trinidad and Tobago, with a relatively large legal population and a somewhat litigious reputation, has earned itself the dubious distinction of having the most archaic, if not the most inequitable, succession laws in the English-speaking Caribbean, second only to the Bahamas.

scholarly journals CURRENT ISSUES IN SUCCESSION LAW

2017 ◽  
Vol 29 (1) ◽  
pp. 143-148
Author(s):  
Judith Bray
Keyword(s):  
House Prices ◽  
Practical Importance ◽  
Ageing Population ◽  
The Will ◽  
The Subject ◽  
The Law ◽  
Informal Carers ◽  
Law Of Succession ◽  
Conference Papers ◽  
Court Of Appeal

As the editors observe at the start of this book, the law on succession is a “neglected field”in England whilst Continental and comparative lawyers have rediscovered it to be of immense practical importance which deserves greater academic attention. The rules of succession are of great significance to all; as pointed out by Penelope Reed in Chapter Seven there is no shortage of probate disputes that end up in the Chancery Division as a result of “… an ageing population, the increase in the incidence of dementia and the rise of house prices making estates worth fighting over…”  Since death is inevitable and everyone will die either testate, having made a valid will or intestate, without a valid will the law of succession affects us all. In order to address this gap in the law a conference took place in July 2015 at All Souls College Oxford attended by Chancery Judges, a member of the Court of Appeal as well as a number of leading academics and practitioners. This book comprises eleven of the conference papers. The result is an excellent book both as a reference work for students and practitioners and also of interest to the wider public who may be drawn in by the subject matter and possibly the picture on the loose leaf cover showing David Wilkie’s well-known painting Reading of the Will. In many ways the most engaging feature of this collection is the breadth of subjects covered. They range from the more traditional succession issues such as the reform of the rules of intestacy in Chapter One and Mutual Wills in Chapter Five to the more challenging issues of Testamentary dispositions in favour of informal carers in Chapter Eight and Proprietary Estoppel in Chapter Four. Much credit should be given to the conference organisers and book editors for ensuring that the conference and later the book had sufficient breadth and did not dwell overly on the minutiae of the rules of drawing up a valid will although that said Chapter Four shows how this in itself embraces many wider legal issues.

scholarly journals Equality and Singapore’s First Constitutional Challenges to the Criminalization of Male Homosexual Conduct

2015 ◽  
Vol 16 (1-2) ◽  
pp. 150-185
Author(s):  
Jack Tsen-Ta Lee
Keyword(s):  
Attorney General ◽  
Penal Code ◽  
Equal Protection ◽  
High Court ◽  
Male Homosexual ◽  
Rational Relation ◽  
Homosexual Conduct ◽  
The Law ◽  
The Republic ◽  
Court Of Appeal

In 2013, in Lim Meng Suang and Kenneth Chee Mun-Leon v Attorney-General1 and Tan Eng Hong v Attorney-General,2 the High Court of Singapore delivered the first judgments in the jurisdiction considering the constitutionality of section 377A of the Penal Code, which criminalizes acts of ‘gross indecency’ between two men, whether they occur in public or private. The Court ruled that the provision was not inconsistent with the guarantees of equality before the law and equal protection of the law stated in Article 12(1) of the Constitution of the Republic of Singapore. The result was upheld in 2014 by the Court of Appeal in Lim Meng Suang and another v Attorney-General3 with slight differences in the reasoning. This article examines the courts’ analysis of equality law, and submits in particular that the courts ought to re-evaluate whether they should apply a presumption of constitutionality, refuse to assess the legitimacy of the object of the impugned provision, and rely on a standard of mere reasonableness or lack of arbitrariness when determining if a rational relation exists between the provision’s object and the differentia underlying a classification used in the provision.

Legal and Institutional Functionality in the Protection of Women – Victims of Domestic Violence in the Republic of Macedonia – Present Situation and Future Perspectives

2017 ◽  
Vol 10 (2) ◽  
pp. 131
Author(s):  
Zorica Saltirovska Professor ◽  
Sunchica Dimitrijoska Professor
Keyword(s):  
Domestic Violence ◽  
Women Victims ◽  
Violence Against Women ◽  
Social Protection ◽  
National Level ◽  
Gender Based Violence ◽  
Republic Of Macedonia ◽  
The Law ◽  
The Republic ◽  
Gender Based

Gender-based violence is a form of discrimination that prevents women from enjoying the rights and liberties on an equal level with men. Inevitably, domestic violence shows the same trend of victimizing women to such a degree that the term “domestic violence” is increasingly becoming synonymous with “violence against women”. The Istanbul Convention defines domestic violence as "gender-based violence against women", or in other words "violence that is directed against a woman because she is a woman or that affects women disproportionately." The situation is similar in the Republic of Macedonia, where women are predominantly victims of domestic violence. However, the Macedonian legal framework does not define domestic violence as gender-based violence, and thus it does not define it as a specific form of discrimination against women. The national legislation stipulates that victims are to be protected in both a criminal and a civil procedure, and the Law on Prevention and Protection from Domestic Violence determines the actions of the institutions and civil organizations in the prevention of domestic violence and the protection of victims. The system for protection of victims of domestic violence closely supports the Law on Social Protection and the Law on Free Legal Aid, both of which include provisions on additional assistance for women victims of domestic violence. However, the existing legislation has multiple deficiencies and does not allow for a greater efficacy in implementing the prescribed measures for the protection of victims of domestic violence. For this reason, as well as due to the inconsistent implementation of legal solutions of this particular issue, the civil sector is constantly expressing their concern about the increasingly wider spread of domestic violence against women and about the protection capabilities at their disposal. The lack of recognition of all forms of gender-based violence, the trivial number of criminal sentences against persons who perform acts of domestic violence, the insufficient support offered to victims – including victim shelters, legal assistance, and counseling, and the lack of systematic databases on domestic violence cases on a national level, are a mere few of the many issues clearly pointing to the inevitable conclusion that the protection of women-victims of domestic violence is inadequate. Hence, the functionality and efficiency of both the existing legislation and the institutions in charge of protection and support of women – victims of domestic violence is being questioned, which is also the subject for analysis in this paper.

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