RECURSO EXTRAORDINÁRIO 878.694/MG: O PRECEDENTE JUDICIAL NA SUCESSÃO LEGÍTIMA DO COMPANHEIRO

2021 ◽  
Vol 17 (2) ◽  
pp. 179-190
Author(s):  
Larissa Simões Lopes
Keyword(s):  
Federal Court ◽  
Civil Code ◽  
Similarities And Differences ◽  
The Right

The presente article consists on a study developed with the objective of analyzing the succession of the partner and verifying if that Extraordinary Appeal 878.694 / MG fully equated the regime of succession of marriage and stable union. The Supreme Federal Court in the judgment of the referred appeal determined, not unanimously, the unconstitutionality of article 1790 of the Civil Code that regulates the right of succession of the partner and established the application of article 1829 of the Civil Code in its place, that originally only regulated marriage. This work defined the succession of the partner in the legitimate succession by law and in the Extraordinary Appeal, analyzing legitimate, testamentary succession, litigious and friendly sharing, the similarities and differences of articles 1790 and 1829 of the Civil Code. It will be demonstrated that the Supreme Court's decision did not pacify all issues related to the partner's right of succession.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

Kajian Yuridis Pengesampingan Pasal 1266 dan Pasal 1267 Kitab Undang -Undang Hukum Perdata sebagai Syarat Batal dalam Perjanjian Kredit Perbankan

2017 ◽  
pp. 65-89
Author(s):  
Rocky Marciano Ambar ◽  
Budi Santoso ◽  
Hanif Nur Widhiyanti
Keyword(s):  
Research Method ◽  
Code Of Ethics ◽  
Civil Law ◽  
Banking System ◽  
Civil Code ◽  
Bank Credit ◽  
Dominant Position ◽  
Legal Implications ◽  
Credit Agreement ◽  
The Right

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.

KEPEMILIKAN DAN PENGUASAAN OBJEK JAMINAN FIDUSIA APABILA TERJADI SENGKETA WANPRESTASI DALAM PERJANJIAN KREDIT

2020 ◽  
Vol 8 (1) ◽  
pp. 78
Author(s):  
Dija Hedistira ◽  
' Pujiyono
Keyword(s):  
Economic Benefits ◽  
Civil Code ◽  
The Other ◽  
Third Party ◽  
Analysis Method ◽  
The Law ◽  
The Right

<p>Abstract<br />This article aims to analyze the ownership and mastery of a fiduciary collateral object, in cases that often occur today, many disputes between creditors and debtors in fiduciary collateral agreements are caused because creditors assume that with executive rights as fiduciary recipients, the fiduciary collateral object legally owned by creditors and creditors the right to take and sell fiduciary collateral objects when the debtor defaults unilaterally, as well as the debtor who considers that the fiduciary collateral object is owned by him because the object is registered on his name, so that the debtor can use the object free as  giving to a third party or selling the object of fiduciary guarantee unilaterally. the author uses a normative <br />juridical approach, and deductive analysis method based on the Civil Code and fiduciary law applicable in Indonesia, Law No. 42 of 1999 concerning Fiduciary Guarantees. The conclusion of the discussion is the ownership of the object of the Fiduciary Guarantee is owned by the debtor in accordance with the Law, mastery of the object of collateral controlled by the debtor for economic benefits, the procedure of execution The object of Fiduciary Guarantee is carried out in accordance with the Fiduciary Guarantee Act, an alternative mediation in resolving the dispute. There needs to be clarity in the use of language in making a law, so as not to conflict with each other between Article one and the other Articles.<br />Keywords: Ownership; Mastery; Object of Fiduciary Guarantee; Debtor; Creditors.</p><p>Abstrak<br />Artikel ini bertujuan untuk menganalisis tentang kepemilikan dan penguasaan suatu objek jaminan fidusia, dalam kasus yang saat ini sering terjadi, banyak sengketa antara kreditur dan debitur dalam perjanjian jaminan fidusia disebabkan karena kreditur beranggapan bahwa dengan adanya hak eksekutorial sebagai penerima fidusia, maka objek jaminan fidusia tersebut secara sah dimiliki oleh kreditur dan kreditur berhak mengambil dan menjual objek jaminan fidusia saat debitur cidera janji<br />(wanprestasi) secara sepihak, begitupun dengan debitur yang menganggap bahwa objek jaminan fidusia tersebut dimiliki olehnya karena objek tersebut terdaftar atas namannya, sehingga debitur dapat mempergunakan objek tersebut secara bebas seperti menyerahkan kepada pihak ketiga atau menjual objek jaminan fidusia tersebut secara sepihak. penulis menggunakan pendekatan yuridis normatif, dan metode analisis deduktif yang didasarkan pada Kitab Undang-Undang Hukum Perdata<br />dan hukum jaminan fidusia yang berlaku di Indonesia, Undang-Undang No. 42 Tahun 1999 tentang Jaminan Fidusia. Kesimpulan pembahasan adalah Kepemilikan Objek Jaminan Fidusia dimiliki oleh debitur sesuai Undang-undang, penguasaan objek jaminan dikuasai debitur untuk manfaat ekonomis, prosedur eksekusi Objek Jaminan Fidusia dilakukan sesuai dengan Undang-Undang Jaminan Fidusia, alternatif secara mediasi dalam menyelesaikan sengketa yang terjadi. Perlu ada kejelasan dalam<br />penggunaan bahasa pada pembuatan suatu Undang-Undang, agar tidak saling bertentangan antar Pasal satu dengan Pasal yang lainnya. <br />Kata Kunci: Kepemilikan; Penguasaan; Objek Jaminan Fidusia; Debitur; Kreditur.</p>

scholarly journals STUDI KOMPARASI OPERASIONAL PRODUK PEGADAIAN SYARIAH DAN GADAI KONVENSIONAL

2018 ◽  
Vol 2 (1) ◽  
pp. 69-79
Author(s):  
Muh. Ishak Agus ◽  
Syahruddin Yasen ◽  
Syahruddin Yasen
Keyword(s):  
Civil Code ◽  
Point Of View ◽  
Legal Basis ◽  
The Right

AbstrakMenurut kitab Undang-undang Hukum Perdata Pasal 1150, gadai adalah hak yang diperoleh seseorang yang mempunyai piutang atas suatu barang bergerak. Barang bergerak tersebut diserahkan kepada orang yang berpiutang oleh seorang yang mempunyai utang atau oleh seorang lain atas nama orang yang mempunyai utang. Dan masyarakat masih menganggap perusahaan syariah dan konvensional sama. Padahal jika dilihat dari segi operasional dan landasan hukumnya jelas berbeda yang dimana pegadaian syariah berpedoman pada Al-Qur’an surah Al-Baqarah ayat 278 tentang larangan riba. Hal ini menunjukkan bahwa produk Ar-Rahn menjadi pilihan terbaik untuk nasabah dalam mengambil keputusan memilih produk gadai syariah atau ar-Rahn. Kata kunci : Nasabah, Produk Pegadaian syariah, Gadai Konvensional  AbstractAccording to the Book of the Civil Code Article 1150, pledge is the right earned by a person who has receivables on a moving good. The moving goods are handed over to the person who is indebted by a person who has a debt or by another person on behalf of the person having the debt. And society still considers sharia and conventional companies alike. Whereas when viewed from the operational point of view and the legal basis is clearly different where the shariah pawn is guided by Al-Qur'an surah Al-Baqarah verse 278 about the prohibition of usury. This shows that the product of Ar-Rahn becomes the best choice for the customer in making decision to choose the product of pawn of shariah or ar-Rahn.Keywords: Customer, Sharia Pawn Products, Conventional Pawn

scholarly journals Words That Go Together: Teaching Collocations in the EFL Classroom

2019 ◽  
Vol 11 (2) ◽  
pp. 103-118
Author(s):  
Tünde Nagy
Keyword(s):  
Foreign Language ◽  
Language Learners ◽  
Language Use ◽  
Learning Materials ◽  
Everyday Language ◽  
Special Regard ◽  
Similarities And Differences ◽  
Materials Used ◽  
The Right ◽  
Constituent Elements

Abstract Using the right collocations in a foreign language is often a challenge for language learners who may not be familiar with their use and characteristics. After presenting the types of collocations and the importance they have in the acquisition of a foreign language, the paper draws attention to the necessity of raising students’ awareness of collocations, and at the same time it reflects on possible ways of teaching them. Focusing especially on verb-noun collocations, the paper examines the learning materials used in the EFL classes at Sapientia Hungarian University of Transylvania, Miercurea Ciuc, with special regard to the exercises on these constructions. In line with construction grammar theories (Goldberg 1995, 1997, 2006), it is assumed that collocations are to be treated as constructions, pairings of form and meaning, including patterns with different degrees of predictability. Collocations, consisting of both predictable (e. g. read a book, blue sky) and non-predictable forms (e. g. run a program, safe and sound) can be more easily remembered if regarded as constructions where all the constituent elements contribute to the meaning of the construction as a whole (but whose meaning is more than the sum of the constituent elements). In order to gain a better understanding of collocations, the use of electronic corpora and electronic databases as well as additional materials on collocations that would complement the language materials used in class is highly encouraged. By making use of these resources, students can see examples of everyday language use and become more aware of the use of collocations as well as the similarities and differences between them in different languages.

Refining the Right to Information in Vietnamese Consumer Law: Insights from Australia

2021 ◽  
Vol 16 (1) ◽  
pp. 61-83
Author(s):  
Lam Uyen Lu ◽  
Niloufer Selvadurai
Keyword(s):  
Consumer Protection ◽  
Critical Role ◽  
Consumer Welfare ◽  
Regulatory Framework ◽  
Law Reform ◽  
Legal Systems ◽  
Consumer Law ◽  
Similarities And Differences ◽  
Right To Information ◽  
The Right

AbstractIn upholding a consumer's right to information, regulations prohibiting misleading or deceptive conduct perform a critical role in supporting consumer welfare and encouraging equity in business and commerce. While Vietnam enacted a Law on Consumer Protection in 2010, its provisions in this area are limited in ambit and application. In order to improve the effectiveness of a consumer's right to information in Vietnam, it is useful to examine the Australia Consumer Law which has a sophisticated regulatory framework in this area. By comparing the laws prohibiting misleading or deceptive conduct in the Vietnamese Law on Consumer Protection and the Australia Consumer Law, this article identifies certain similarities and differences between the two legal systems, thereby clarifying shortcomings that can lead to inadequacies and inefficiencies of this area of the law and providing a platform for law reform in Vietnam.

The Principles Governing Public Authority Liability in Poland

2020 ◽  
pp. 66-68
Author(s):  
Marek Wierzbowski ◽  
Marek Grzywacz ◽  
Joanna Róg Dyrda ◽  
Katarzyna Ziółkowska
Keyword(s):  
General Principle ◽  
Civil Code ◽  
The State ◽  
Public Authority ◽  
Administrative Action ◽  
General Terms ◽  
Administrative Procedures ◽  
Per Se ◽  
Polish Law ◽  
The Right

Before 1989, Polish courts in some cases affirmed the liability of the State on the basis of existing legislative provisions. After 1989, the Constitution admits administrative liability in very general terms, because everyone shall have the right to be awarded damages for any harm done by administrative action contrary to the law. The more detailed provisions of the Civil Code implement such general principle. More generally, the liability of administrative authorities is regarded as being subject to private law standards. However, in some cases illegality per se will not suffice for liability. This is the case, in particular, for administrative acts that are characterized by real discretion. Moreover, administrative procedures are regulated by parliamentary legislation. Another particular feature of Polish law is that, to prove the unlawfulness of the action taken by administrative authorities, on both procedural and substantive grounds, claimants must bring an action before administrative courts.

NATIVE TITLE ISSUES AFFECTING PETROLEUM EXPLORATION AND PRODUCTION

1999 ◽  
Vol 39 (2) ◽  
pp. 107
Author(s):  
M.W. Hunt
Keyword(s):  
Oil And Gas ◽  
Federal Court ◽  
Petroleum Exploration ◽  
Native Title ◽  
Area Of Interest ◽  
Exploration And Production ◽  
Petroleum Companies ◽  
Offshore Oil And Gas ◽  
The Right ◽  
Offshore Oil

This paper focusses on onshore exploration and production because the right to negotiate does not apply offshore. However, the Native Title Act can be relevant to offshore oil and gas explorers and producers. First, where their area of interest includes an island within the jurisdiction of Western Australia. Secondly, in respect of land required for the facilities to treat petroleum piped ashore.Under the original Native Title Act the right to negotiate proved unworkable, the expedited procedure failed to facilitate the grant of exploration titles and titles granted after 1 January 1994 were probably invalid.The paper examines the innovations introduced by the amended Native Title Act to consider whether it will be more 'workable' for petroleum explorers and producers. It examines some of categories of future acts in respect of which the right to negotiate does not apply (specifically indigenous land use agreements, renewals and extensions of titles, procedures for infrastructure titles, reserve land, water resources, low impact future acts, approved exploration etc acts and the expedited procedure).Other innovations include the new registration test for native title claims, the validation of pre-Wik titles, the amended right to negotiate procedure, the State implementation of the right of negotiate procedure and the objection and adjudication procedure for grants on pastoral land.The response of each state and territory parliament to the amended Act is considered, as is the Federal Court decision in the Miriuwung Gajerrong land claim (particularly the finding that native title includes resources, questioning whether these resources extend to petroleum).The paper observes that the full impact of the new Act cannot be determined until the states and territories have passed complementary legislation and it is all in operation. However, the paper's preliminary conclusion is that it does not provide a workable framework for the interaction between petroleum companies and native title claimants.The writer's view is that the right to negotiate procedure is unworkable if relied upon to obtain the grant of a title. If a proponent wishes to develop a project in any commercially acceptable timeframe, it will have to negotiate an agreement with native title claimants. The paper's conclusion is that a negotiated agreement is the only way to cope with native title issues.

15 Germany

2018 ◽  
Author(s):  
Haag Hendrik, Dr
Keyword(s):  
Civil Code ◽  
Cross Border ◽  
General Terms ◽  
The Right ◽  
Insolvency Proceedings

This chapter examines statutory and contractual set-off in Germany prior to insolvency proceedings and how such proceedings affect the prerequisites relating to set-off. It begins with a discussion of set-off between solvent parties, focusing on the statutory right of set-off under the German civil code ‘BGB’, contractual right of set-off, exclusions of set-off, set-off restriction in general terms and conditions, and limitations of a set-off claim. It then considers set-off against insolvent parties, taking into account the relevant provisions of the German Insolvency Statute ‘InsO’, acquisition of the right to set-off before the commencement of insolvency proceedings, set-off between two insolvency administrators, and cash pooling in insolvency proceedings. Finally, it analyses cross-border issues arising from the right to set-off.

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