scholarly journals Private Law in Transylvania as Part of the Kingdom of Hungary

2021 ◽  
Vol 9 (2) ◽  
pp. 225-254
Author(s):  
Mária Homoki-Nagy

Transylvania was part of the mediaeval Kingdom of Hungary beginning from the founding of this kingdom and until the year 1540, when, due to historic circumstances, it became for a time a separate entity. The development of private law in this historical space was therefore in the beginning in large part convergent with that of Hungary. However, having a multi-ethnic population consisting of Hungarians, Szeklers, Saxons, and Romanians, with the first three nationalities benefitting from different, autonomous forms of administrative organization, a lot is to be said of specific Transylvanian private law. This study presents those elements and sources of private law which characterized legal relationships in Transylvania beginning with the founding of the Kingdom of Hungary and until the separation of this region from Hungary due to Ottoman conquest. We examine the major sources of law, consisting of customary law, statutory law, and acts of royal power. We then present in summarized form the main characteristics and provisions of the law applicable to persons, the family, immovable and movable property but also inheritance. Some specific private law regulations applicable to Szeklers and Saxons are also presented as well as the perspective of Romanian legal literature regarding the private law applicable to Romanians.

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 163-177

The research shows that one of the legal relations in civil matters is the family relationship, having an extensive content. It includes Family Law and the actual family relationships. While there are factual elements in the family relationships, only marriage registration gives rise to the property and personal rights between spouses since marriage is a legal fact of law. However, it has been stated correctly in the legal literature that the actual co-existence of partners is such a family relationship, in which couples enter into marriage without registration. The inner world of unmarried couples is significantly free from legal regulation. Family relationships, by their characteristics, are inconceivable without the personal and intimate aspects contained in certain factual foundations and found in family relationships.


2021 ◽  
Vol 2 (1) ◽  
pp. 65-82
Author(s):  
Enna Sukutai Gudhlanga

The advent of colonialism relegated the traditional African woman to the fringes of the family and society through codified customary law. The Shona women of Zimbabwe were some of the worst affected as they were re-defined as housewives who had to rely on their husbands for the up-keep of the family. However, in as much as globalisation has been accused of having brought some crisis on the African continent and side-lined a significant number of indigenous players, for the African woman in the global south it has brought some form of re-awakening. Globalisation seems to have re-opened the avenues for Shona women and enabled them to re-negotiate their entry back into the economic activities of the family and the public sphere. Despite the general lack of interest in the activities of women and in the strategies used by the poor for survival, it is a known fact that Shona women have become a force to reckon with in terms of cross-border trading in Zimbabwe. This research was prompted by the general hub of activity at the country's borders before the onslaught of the COVID-19 pandemic and the predominance of women traders who traverse the borders but whose activities have either not attracted enough attention to get their work recognised, or simply because they are taken for granted. Despite such strides, women in the cross-border trading business have instead garnered a certain stigma around them to the extent that the magnitude of their work is largely unrecognised. Yet elsewhere, the significance of women in informal trade is well documented. This study argues that women have not been left out in the global arena of trade. Desai (2009) acknowledges that the global economic openings in the informal sector have afforded women the opportunity to become active players in the markets of the global South. It is the aim of this research to investigate how globalisation has influenced the nature of the activities of Shona women in the cross-border trading business in Zimbabwe and their impact on the social well-being of the family and the nation’s economy at large. The research is largely qualitative in nature. Purposively selected Shona female cross-border traders at the Gulf Complex and Copacabana Market in Harare were interviewed before the COVID pandemic. The study revealed that the transnational activities of these Zimbabwean women are more wide-spread than has been anticipated. The study also revealed that women are unrecognised pillars in the economy of Zimbabwe as reflected in their success stories that have benefited Zimbabwe as a country. The study was informed by Africana Womanist theory which is embedded in African culture with special leaning on Ubuntu/ Unhu philosophy which recognises the complementary roles and partnerships of both men and women in resolving society's challenges.


Author(s):  
Т.Т. ДАУЕВА

В статье представлен сопоставительный анализ инноваций в семейной сфере осетин, их синтеза с традиционными компонентами семейного быта. Особое внимание уделяется особенностям взаимодействия таких институтов регулирования, как обычное право осетин, церковные установления и законодательство Российской империи. Теоретическую основу работы составили концепции ученых, исследовавших проблемы традиционных брачно-семейных отношений, особенностей трансформации семьи в период пореформенной модернизации. Источниковой базой для статьи послужили ранее не опубликованные архивные материалы: судебные дела по разводам, выплатам калыма, двоеженства; переписка Владикавказской епархии с начальником округа; ежегодные отчеты начальников округов Осетии начальнику Терской области. Новизна предопределена предметным обращением к новациям и их конкретным результатам: противоречиям между традиционным укладом семьи и некоторыми трансформациями, например, изменениями гендерных стереотипов и пр. Объектом исследования является традиционная осетинская семья XIX в. с характерными для той поры обычаями и традициями. Своей целью мы поставили выявление особенностей внедрения новаций, присущих российскому администрированию, в брачно-семейную сферу осетин. Следует уточнить, что научному анализу подвергаются отдельно взятые аспекты традиционных норм и установок патриархальной семьи. Высказывается мнение, что именно в семье воплотились наиболее значимые трансформации гендерных стереотипов, что имело свое отражение и в некоторых аспектах этнического сознания осетин. The article presents a comparative analysis of innovations in Ossetians family sphere and their synthesis with traditional components of family life. Special attention is paid to the peculiarities of interaction between such regulatory institutions as Ossetian customary law, church orders, and the legislation of the Russian Empire. The theoretical basis of the work is based on the concepts of those scientist who researched the problems of traditional marriage and family relations, the peculiarities of family transformation in the period of post-reform modernization. The source base for the article was previously unpublished archival materials: court cases on divorce, bride prices; the Vladikavkaz diocese correspondence with the district chief; annual reports of the district chiefs of Ossetia to the chief of the Terek region. The novelty is predetermined by a substantive appeal to innovations and their concrete results: contradictions between the traditional way of life of the family and certain transformations, for example, changes in gender stereotypes, etc. The object of the research is a traditional Ossetian family of the XIX century with customs and traditions typical for that period. Our goal is to identify the features of introducing innovations applied by Russian administration in the marriage and family sphere of the Ossetians. It should be clarified that only specific aspects of traditional norms and attitudes of the Patriarchal family are subject to scientific analysis. It is suggested that it was in the family where the most significant transformations of gender stereotypes took place, which was also reflected in some aspects of the ethnic consciousness of the Ossetians.


2018 ◽  
Vol 3 (1) ◽  
Author(s):  
Anwar Hidayat ◽  
M. Gary Gagarin Akbar ◽  
Deny Guntara

Abstrak Pemberlakuan aturan mengenai kewarisan di Indonesia selama ini terjadi perdebatan antara para ahli hukum tentang status hukum Islam dan hukum adat.Berkaitan dengan permasalahan dalam hukum waris pada hukum Islam dan hukum Adat, maka perlu adanya kesesuaian bagi masyarakat yang akan mempergunakan masing-masing hukum tersebut dalam menyelesaian warisannya kepada sang ahli waris yang berhak. Ketentuan hukum Islam di Indonesia belum merupakan undang-undang (kodifikasi) haruslah sistematis dan prosedural, harus jelas siapa subyek dan obyeknya dan diundangkan oleh lembaga yang berwenang dalam negara. Rumusan masalah dalam penelitian ini adalah bagaimana perbandingan dalam pembagian waris berdasarkan pada hukum islam dan hukum adat. Metode penelitian ini menggunakan metode kualitatif dengan metode pendekatan yuridis empiris. Hasil penelitian yaitu Hukum waris Islam telah menempatkan atauran kewarisan dan hukum mengenai harta benda dengan sebaik-baiknya dan seadil-adilnya. Islam menetapkan hak milik seseorang atas harta, baik bagi laki-laki maupun perempuan seperti perpindahan hak milik dan perempuan pada waktu masih hidup atau perpindahan harta kepada ahli warisnya setelah ia meninggal dunia. Hukum waris adat berpangkal dari bentuk masyarakat dan sifat kekeluargaan yang terdapat di Indonesia menurut sistem keturunan, dan setiap sistem keturunan yang ada mempunyai kekhususan dalam hukum waris yang satu dengan yang lain berbeda-beda. Kata Kunci:Waris, Hukum Islam, Hukum Adat Abstract The enactment of the rules regarding inheritance in Indonesia has been a debate between legal experts about the status of Islamic law and customary law. In connection with problems in inheritance law in Islamic law and Customary law, it is necessary for the community to use each of these laws in complete the inheritance to the rightful heirs. The provisions of Islamic law in Indonesia are not yet laws (codification) must be systematic and procedural, it must be clear who the subject and object are and are promulgated by the authorized institutions in the country. The formulation of the problem in this study is how comparisons in inheritance distribution are based on Islamic law and customary law. This research method uses qualitative methods with an empirical juridical approach method. The results of the research, namely Islamic inheritance law has placed the inheritance and law regarding property as well as possible and as fair as fair. Islam establishes someone's property rights, both for men and women, such as the transfer of property rights and women while still alive or the transfer of property to his heirs after he dies. The customary inheritance law stems from the form of the community and the family character found in Indonesia according to the hereditary system, and each of the offspring systems that have specific inheritance laws is different from one another Keyword: Inheritance, Islamic Law, Customary Law


2020 ◽  
Vol 7 (1) ◽  
pp. 94-106
Author(s):  
Muhammad Lutfi Syarifuddin

In practice, in Indonesia children adoption has become a public phenomenon in society and is part of the family law system because it involves individual interests in the family. In the case of adoption, parents need to pay attention to the best interests of the child and be implemented based on local customs, applicable laws and regulations, this has been regulated in Article 39 of the Child Protection Act. Adoption of children is divided into two types, namely adoption of children between Indonesian citizens (domestic adoption) and adoption of Indonesian citizens by foreign citizens (adoption between countries). Appointment of children must be done by legal process, through the establishment or decision of the Court. The research method is normative juridical research. Based on the research results, the inheritance Indonesian citizens rights in the Indonesian inheritance law case are implemented based on Islamic law, adopted children do not inherit from adoptive parents and remain the biological parents. Under customary law, the inheritance of adopted children depends on customary law in the area. By law adoption children do not inherit from adoptive parents, and adopted children remain the heirs of their biological parents.


2016 ◽  
Vol 27 (3) ◽  
pp. 349-356
Author(s):  
Joseph N. Temngah

This article highlights the controversy over Women's Rights in Cameroon given that women are regarded as a man's property under customary law. The article points out the position of women's rights under statutory law. It compares both rules without settling for either of them. Both rules are sources of Cameroonian law and are administered concurrently by the courts. Again, this article shows the awareness women have demonstrated by challenging the customary law position which considers a woman as an object. Finally, the article settles for the codification of laws notwithstanding the difficulties involved in this exercise, especially in a bi-jural state like Cameroon.


1989 ◽  
Vol 23 (4) ◽  
pp. 469-505 ◽  
Author(s):  
Eyal Zamir

The process of codifying Israeli private law began in the mid-1960's. Since then, numerous laws have been enacted, each devoted to a certain field or transaction (land law, pledges, sales, etc.). The idea was, and continues to be, that after the enactment of the separate laws is completed, they will be combined in order to create an integral, complete civil code. This stage of enactment is nearly finished, and at present a jurists' committee is considering changes and adjustments required in any of the laws in order to fit them together into one code. This method of legislation by stages has many disadvantages, which have been pointed out in the legal literature. However, there are also advantages. The new laws in the sphere of private law are not inspired by a single legal system or by any particular existing code; rather, they constitute an original, modern Israeli creation, based on comprehensive comparative research and implementation of new, original ideas. In the absence of an established Israeli legal tradition, and absent rooted legal concepts or terminology, the Israeli legislature must create a code which does not grow naturally out of an existing legal system. The code itself will constitute the basis for future development of the system.


2021 ◽  
Vol 18 (3) ◽  
pp. 300-309
Author(s):  
Ksenia A. Yarushina

The article considers the gender culture in the family, one of the most closed and local socio-cultural institutions. The relevance of this topic is determined by the anthropological turn in modern humanitarian knowledge, and the involvement of new data in scientific circulation, which is obtained as a result of the use of case-study semi-formalized techniques for interviewing respondents. Thus, on the basis of the interviews received, there are reconstructed contradictory forms of gender identity in a young married couple in Perm. The article presents the materials of the respondents’ interviews in the form of narratives consistently presenting the key stages of the relationship. Gradually, the narrative’s characters begin to construct a gender identity in a new cultural institution – their own family. There can be seen a conflict between the characters’ symbolic self-identity and their real practices. The man takes a dominant role in the beginning of the relationship. He objectifies the woman and alone decides when to start the relationship. Then the situation changes. The man’s dominant role is replaced with a passive one. The initiative goes to the woman, who repeats the man’s behavior. At the same time, it turns out that in everyday life, the respondents fill the roles of the husband and wife with special content. The wife’s role includes the mother’s behavior towards her husband, and the husband’s role includes the child’s behavior towards his wife. The family is an inverse patriarchal type of relationship. The woman has a dominant role, but identifies herself as an obedient wife.


Author(s):  
Paul J. du Plessis

This chapter is devoted to the Roman law of persons and family. As in modern legal studies, so in Roman law, it is the first branch of private law that students are taught, primarily in order to understand the concept of ‘legal personhood’. This chapter covers the paterfamilias (head of the household); marriage and divorce; adoption; and guardianship. The head of the household was the eldest living male ancestor of a specific family. He had in his power (potestas) all descendants traced through the male line (and also exercised forms of control over other members of the household). Roman law accorded the head of the household extensive legal entitlements, not only vis-à-vis the members of the household, but also its property. The motivation of this state of affairs lies in the recognition in Roman law of the family unit as legally significant entity.


Oriens ◽  
1955 ◽  
Vol 8 (1) ◽  
pp. 157
Author(s):  
Ernest Landauer ◽  
Louis J. Luzbetak
Keyword(s):  

Sign in / Sign up

Export Citation Format

Share Document