Division of the common property of spouses and determination of their shares according to the legislation of the Republic of Azerbaijan

Author(s):  
E.E. gyzy Mustafayeva
2020 ◽  
Vol 29 (5) ◽  
pp. 283
Author(s):  
Agnieszka Szczekala

<p>The purpose of the study is to determine the scope of application of the construction of abuse of subjective rights in cases involving the establishment of a regime of separate property by the court and the determination of unequal shares in the common property. The prerequisite for both the establishment of the regime of separate property and the determination of unequal shares in the common property are “important reasons”. In order to determine the admissibility of the application of Article 5 of the Polish Civil Code it is therefore necessary to define the meaning of the terms “important reasons” and “rules of social coexistence”. It is assumed herein that general clauses are a kind of reference, in terms of the interpretation of provisions to generically defined norms and non-legal assessments, which have, in principle, an axiological moral justification and, consequently, that only evaluative phrases, as “rules of social coexistence” can be referred to using this term. “Important reasons”, on the other hand, are not an evaluative phrase but an estimative phrase and therefore not a general clause. It was also considered that it could not be ruled the assessment, under Article 5 of the Polish Civil Code, of the request for the regime of separate property to be established by the court or the request for the establishment of unequal shares in the common property, taking into account the extent to which each of the spouses contributed to its creation.</p>


Author(s):  
Elena Júdová

The European Regulation no 650/2012 unified the determination of jurisdiction and applicable law in succession matters in the Member States of the European Union. At the same time, it underlined other issues that complicate decision making on cross-border succession in the Slovak Republic. One of the most striking is the resolution of the issue of settling the common property of spouses, which under Slovak procedural law, is exercised by a notary in succession proceedings. The Slovak Republic does not participate at the enhanced cooperation on cross-border matrimonial property regimes, so joining jurisdiction in these cases with succession proceedings is very complicated. The present article deals with this and some other issues which the fragmentation of EU private international law brings.


Author(s):  
О. М. Пономаренко

The article is devoted to the study of the legal nature of the agreement on the division of the common property of spouses. The author comes to the conclusion about his civil law essence. It is concluded that this agreement is a material agreement, is not aimed at creating obligations between the parties, but at changing the legal regime of the common property of the spouses. The opinion is expressed that the determination of the legal nature of the agreement on the division of spouses’ property as a material civil law contract will significantly affect its regulatory regulation and the choice of ways to protect the violated rights of one of the parties.


2021 ◽  
Vol 6 ◽  
pp. 16-25
Author(s):  
Andrey B. Agapov ◽  

The content of the powers of possession, use and disposal of public property of the federal government, the President of the Russian Federation, federal executive authorities is investigated. The article considers the prescriptions of the constitutions and charters of the constituent entities of the Russian Federation, which determine the content of the powers to manage public property, while the presence of public (state and municipal), as well as private and intellectual property is postulated directly in the Constitution of the Russian Federation. The constitutional legislation of the constituent entities of the Russian Federation determines the foundations of the legal status of another type of public property, namely the common property of the city of Moscow and the Russian Federation, along with it, the Constitution of the Republic of Sakha (Yakutia) provides for the existence of collective property.


2021 ◽  
Vol 10 (1) ◽  
pp. 1
Author(s):  
Zainul Fanani

Abstrak Pasal 94 ayat (1) kompilasi Hukum Islam menyebutkan harta bersama dari perkawinan seorang suami yang mempunyai istri lebih dari seorang, masing-masing terpisah dan berdiri sendiri, ayat (2) menyebutkan pemilikan harta bersama dari perkawinan seorang suami yang mempunyai isteri lebih dari seorang dihitung pada saat berlangsungnya akad perkawinan yang kedua, ketiga dan keempat. Dengan demikian momentum pelaksanaan perkawinan merupakan hal yang sangat signifikan dalam penentuan harta bersama dalam perkawinan poligami. Hal ini akan menjadi hambatan dalam pembagian harta bersama, khususnya menyangkut masalah pembuktian harta bersama tersebutKata kunci:  harta Bersama, poligami, pembagian Abstract Article 94 paragraph (1) compilation of Islamic law mentions joint property of marriage of more than one spouse, separate and independent, paragraph (2) mentions the joint ownership of marriage of husband of more than one spouse at the time of the second, third and fourth marriages. Thus the momentum of the marriage exercise is a very important factor in the determination of common property in polygamous marriage. This would be a hindrance in the sharing of common property, especially with regard to the issue of proof of the common propertyKeywords: Shared property, polygamy, subdivision


2018 ◽  
Vol 11 ◽  
pp. 69-76
Author(s):  
Aleksandr V. Fedorov ◽  

The article is dedicated to review of laws of countries of the so-called Yugoslav criminal law group, which originated in the former Yugoslav territory. The article describes the concept of the former Yugoslav territory as the territory of the former Socialist Federal Republic of Yugoslavia (SFRY), consisting of 10 entities: the former Yugoslav Republic of Macedonia, the Republic of Serbia, the Republic of Slovenia, the Republic of Croatia, the Republic of Montenegro, the State of Bosnia and Herzegovina, the Federation of Bosnia and Herzegovina, the Republic of Srpska, the Brčko District of Bosnia and Herzegovina and the partially recognized Republic of Kosovo, each of which has adopted its own criminal laws. The mentioned states follow the SFRY criminal law traditions to a greater or lesser extent, which largely ensures similarity of criminal laws of these states and gives a possibility to unite them in the Yugoslav criminal law group. All of the states recognize the criminal liability of legal entities. The author points out the common historical, international and political roots of such liability; reviews options of establishment of liability of legal entities by inclusion of the corresponding provisions in the national criminal codes or adoption of specific criminal laws on liability of legal entities as well as statutory resolutions making it possible to consider a legal entity as a criminal liability subject; gives a scope of legal entities, which cannot be brought to criminal liability; emphasizes the differences in the determination of crimes, which can lead to bringing legal entities to criminal liability; notes that in some countries of the reviewed group legal entities may be brought to criminal liability only for specifically indicated crimes while other countries have no such limitation; analyzes the bases of liability of legal entities stipulated by criminal laws and the models of criminal liability of legal entities implemented in the states of the Yugoslav group: an identification model and an extended identification model; states application of articles of the general parts of national criminal codes for bringing of legal entities to criminal liability.


1972 ◽  
Vol 1 ◽  
pp. 27-38
Author(s):  
J. Hers

In South Africa the modern outlook towards time may be said to have started in 1948. Both the two major observatories, The Royal Observatory in Cape Town and the Union Observatory (now known as the Republic Observatory) in Johannesburg had, of course, been involved in the astronomical determination of time almost from their inception, and the Johannesburg Observatory has been responsible for the official time of South Africa since 1908. However the pendulum clocks then in use could not be relied on to provide an accuracy better than about 1/10 second, which was of the same order as that of the astronomical observations. It is doubtful if much use was made of even this limited accuracy outside the two observatories, and although there may – occasionally have been a demand for more accurate time, it was certainly not voiced.


Author(s):  
Ezzatollah Keyhani

Acetylcholinesterase (EC 3.1.1.7) (ACHE) has been localized at cholinergic junctions both in the central nervous system and at the periphery and it functions in neurotransmission. ACHE was also found in other tissues without involvement in neurotransmission, but exhibiting the common property of transporting water and ions. This communication describes intracellular ACHE in mammalian bone marrow and its secretion into the extracellular medium.


2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.


2017 ◽  
Vol 1 (1) ◽  
pp. 1-6
Author(s):  
Jennifer M. Bernstein

Vickers Hot Springs is located near the rural Southern California town of Ojai, and local residents have long enjoyed soaking in the sulfuric pools. But as knowledge of the springs spread, the area saw increases in fights, traffic, burglaries, and drug use. In response, two residents purchased the land and committed to restore the property while allowing limited public access, subsequently generating a great deal of controversy within the community. Privatizing Vickers Hot Springs follows the archetypical lesson of Garrett Hardin's 1968 essay, “The Tragedy of the Commons.” Hardin stated that the problem for common-pool resources was that a finite amount of services are demanded by a potentially infinite number of users, who have little to gain by sacrificing for the common good. But Hardin's theory does not always apply. Many communities have come together to manage resources, often without government oversight. Thus, the question is not whether or not Hardin's theory is accurate, but rather “under what conditions it is correct and when it makes the wrong predictions.” Case studies provide nuance to the broad brushstrokes of a theory, and whether Hardin's parable is applicable depends on the particularities of the common property resource conflict. Employing the frameworks established by Hardin, Dietz et al., and Ostrom, this paper examines the management of Vickers Hot Springs within its broader social, ecological, and political context, asking whether the particular circumstances of this resource use conflict made privatization the most predictable outcome.


Sign in / Sign up

Export Citation Format

Share Document