scholarly journals A személyiségi jogok szabályozása a hatályos román Polgári törvénykönyvben

2021 ◽  
Vol 4 (2) ◽  
pp. 65-81
Author(s):  
Zsolt Kokoly

The new Romanian Civil Code (adopted in 2009, in effect since 2011) comprises a section dedicated to personality rights, as a novelty element compared to the previous Code. Their incorporation into the form of juridical norm follows both naturally from the historic evolution of some fundamental rights, both from the intention of the Romanian lawmaker to offer a comprehensive legal framework in the field of civil law.

2008 ◽  
Vol 57 (5) ◽  
Author(s):  
Joanna Haberko ◽  
Marina Casini

Il contributo si addentra nell’ordinamento giuridico polacco per capire qual è lo statuto dell’essere umano non ancora nato. Ne esce un affresco interessante in cui all’esame del diritto costituzionale segue l’analisi del diritto penale e del diritto civile. Il quadro è complessivamente uniforme nel riconoscere il concepito come essere umano titolare dei diritti personalissimi e fondamentali alla vita, alla salute e all’integrità fisica, tuttavia non mancano contraddizioni e lacune che l’interpretazione dottrinale tenta di superare senza, però, riuscirci completamente. Al prospettato progetto di riforma del Codice civile avviato negli ultimi mesi è, appunto, affidato il compito di colmare le lacune e di superare le contraddizioni. L’aspetto più significativo riguarda la modifica del Codice civile per riconoscere la capacità giuridica del concepito per quanto riguarda i beni personali (vita, salute, integrità fisica), restando subordinata alla nascita la capacità giuridica per i diritti patrimoniali. Infine, l’articolo si sofferma brevemente sulla Petizione europea per la vita e la dignità dell’uomo a cui il Movimento per la vita polacco ha dato, e sta offrendo, un rilevante contributo. ---------- The contribution probes the Polish legal system to understand which is the status of the human being not yet born. An interesting fresco goes out in which the analysis of the criminal and civil law follows the analysis of the constitutional law. The picture is on the whole uniform in recognizing new born as a human being owner of the personal and fundamental rights to life, health and physical integrity, nevertheless there are contradictions and gaps, that the doctrinal interpretation is trying to overcome without, however, succeeding completely. The task of filling gaps and overcoming contradictions is just so committed to the Civil code reform project which began over the last few months. The most meaningful aspect concerns the change of the Civil code to recognize the legal capacity of new born with regards to the personal goods (life, health, physical integrity), legal capacity staying subordinate to the birth with regards to the patrimonial rights. Finally, the article dwells in short upon the European Petition for life and human dignity to which the Polish Movement for life has provided, and it is offering, a remarkable contribution.


2020 ◽  
Author(s):  
A. Bobrovnikova ◽  
T. Konoplyannikova

The article discusses changes in the legal framework for the introduction and use of information technologies in Russia. The article analyzes the issue of improving the new object of civil rights, taking into account amendments to the Civil code of the Russian Federation and other legal acts.


2005 ◽  
Vol 30 (1) ◽  
pp. 77-100
Author(s):  
Stephen Smith

AbstractThe author offers a critical examination of the provisions on gift in the Civil Code of the Russian Federation. Focusing narrowly on the text of the code, the paper starts with a broad overview of, and commentary on, the provisions and then provides a detailed article-by-article commentary on individual provisions. Potential difficulties are identified (especially with respect to the notion of transfer, the repetition of articles, and the code's development of the concept of fiducia) and suggestions are offered for how the text might be clarified or, in certain cases, substantively changed. The author observes that the legal framework provided by the Russian code to regulate gift is a fundamentally sound one that broadly echoes the approach taken in other civil law jurisdictions.


Modern China ◽  
2020 ◽  
pp. 009770042097782
Author(s):  
Liming Wang ◽  
Bingwan Xiong

This article explores and assesses the significance of the adoption of a separate part (or, book 编) on personality rights in China’s new Civil Code. We argue that there are profound socioeconomic meanings underlying the technical changes in the classic structure of the civil codes in civil law tradition. On one hand, the stand-alone part on personality rights is the fruit and embodiment of the rising rights consciousness of personality in Chinese civil society, which has been largely unexplored in existing China studies. On the other hand, the part provides a new legislative model to comprehensively tackle the pervasive technological challenges to the protection of personal spheres, which is entangled with the rising rights consciousness over personality in China. Yet, the robustness of the acknowledgment of personality rights in this special part in promoting the protection of such rights remains to be tested in future court judgments.


Author(s):  
Miao Chungang

With the continuous introduction of policy documents, China's ecological civilization construction is gradually advancing. Ecological civilization needs legal response. China's General Principles of Civil Law established "green principle" as the basic principle of civil law for the first time, and carried out through various systems in the specific provisions of civil code. This paper adopts the sociological analysis method to sort out the interaction between legislation and society, and then puts forward some Suggestions to improve the legislation of civil code. In the published draft of civil code, the Ecologization of Torts Law is the highlight, and the compensation system for ecological environment damage is detailed and specific. However, there is still much room for improvements in property rights, contract and personality rights. In order to meet the needs of ecological civilization construction, the real right system should be adjusted in the concept of real right and  the attitude of animals; the contract system should make a breakthrough in the named contract types and regulate carbon trading; in the specific personality right system, the environmental right should be protected by the expansion of the protection of rights and interests in the tort liability law.


Author(s):  
Agnes Flavia

This chapter examines the legal framework for personal laws in India. It begins with an overview of the legal system introduced for personal laws during colonial rule, along with the evolution of legislation for such laws. It then considers Hindu law reforms following Independence and goes on to discuss the manner in which the courts have tackled the challenges to the constitutionality of personal laws. In particular, it explores two approaches used by the courts to test personal laws on the touchstone of fundamental rights: the non-interventionist approach and the scrutinising approach. The chapter concludes by assessing Article 44 of the Indian Constitution and the debate over the Uniform Civil Code.


2021 ◽  
Author(s):  
Zhang Yi

Abstract According to Chinese civil law, the licensor’s permission to exploit a patent is clearly to be regarded as enabling the use of the patent. However, under certain circumstances, this seemingly correct understanding sounds somehow oversimplified, especially when it intersects with Chinese patent law. And this understanding may, in the absence of a clear explicit agreement, cause several problems (such as the subjective impossibility of performance) under the Chinese legal framework. Although the concept of a negative patent license is not in conformity with the legislative intent of the Chinese Civil Code, it could be a solution to these problems.


2017 ◽  
pp. 65-89
Author(s):  
Rocky Marciano Ambar ◽  
Budi Santoso ◽  
Hanif Nur Widhiyanti

Banks in credit agreements use more standard agreements, standard contracts in 2 (two) things, (1) There is an unbalanced position between banks and debtors, banks that have a more dominant position and debtors. (2) There is an understanding of the principle of freedom of contracting and without limits. The Bank has the freedom to seek the form and content of the agreement. Code of Ethics in agreement. The provisions of the Civil Code provide types of compensation for parties. Based on the background, then for problems the problem is written (1). Does the inclusion of Article 1266 and Article 1267 of the Civil Code on the banking system have collected the principles of balance and justice. (2) What are the legal implications of the exclusion clause. The research method is normative juridical research. The result of this research is the neglect of civil law and the principle of compensation is the principle of balance. The basic principle according to Rawls is that it is unfair or more people. in the sense of "freedom of results", in other words. is the nature of the debtor in a bank credit agreement. For the legal implications of the clause that excludes Article 1266 and Article 1267 of the Civil Code concerning the right of the debtor to the debtor. Legal efforts in finding and resolving problems that cannot be made by a decision due to the imbalance of the parties in the agreement. For people who make changes, no party will be harmed.


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