scholarly journals A NEW APPROACH TO “THE HOMESTEAD EXEMPTION ACT”- AN ENCOURAGEMENT TO RE-ESTABLISH THE “CASAL DE FAMÍLIA” IN PORTUGUESE LAW

2021 ◽  
Vol 7 (12) ◽  
pp. 1-23
Author(s):  
Monica Martinez de Campos ◽  
Rui de Morais Damas
Keyword(s):  
Legal System ◽  
Legal Regime ◽  
Structural Element ◽  
New Approach ◽  
The North ◽  
The Family ◽  
The Right ◽  
Housing Attributes ◽  
Homestead Exemption ◽  
Family Dimension

Housing is a fundamental right enshrined in the Constitution. As a structural element of family organisation, the family residence becomes a necessary instrument for achieving the minimum values ​​of human dignity in its family dimension. The Portuguese legal system that constitutionally enshrines the inviolability of the human person's dignity, the protection of the family and the right to housing, attributes a vulnerability to the family residence, allowing it to be seized, with very few exceptions. The "casal de família" institute, which finds its place in the North American Homestead, can recommend a feasible and possible solution to protect the family residence. Under Portuguese law, this institute was in force between 1920 and 1977, assuming the terminology of "casal de família". We will analyse the legal regime of Homestead and the modus operandi of the "casal de família" in Portugal. We wonder whether the Portuguese legal system should again consider the existence of "family property" or "family couple". We believe that such a concept would encourage the family, strengthen its values, strengthen its ties, and solve a pressing social problem, not resolved by the Portuguese law n ° 13/2016, of May 23.

scholarly journals El Abogado del Niño. Representación de una garantía procesal básica

2018 ◽  
Vol 17 (1) ◽  
pp. 35-46
Author(s):  
Mariana Josefina rey-Galindo
Keyword(s):  
Qualitative Analysis ◽  
Legal System ◽  
Family Court ◽  
Access To Justice ◽  
Regional Research ◽  
Legal Requirements ◽  
Legal Representation ◽  
Government Organizations ◽  
The Family ◽  
The Right

(analytical): This study focuses on an aspect of regional research initiated in 2015 promoted by Argentinian government organizations that I participated in as a Field Assistant. The objective was to raise awareness of and explain how a child can exercise their right to participate in legal matters, mainly in the Family Court. The areas covered by this area of research included: a) the right to be heard, and b) the right to have a lawyer. The study focused on children requiring legal representation in the province of Tucumán during the 2016/2017 period. The methodology used was descriptive and exploratory. A quantitative survey and qualitative analysis of the data was conducted. The results show that legal requirements are partially met and that access to justice for children and adolescents is a model to be followed by all operators of the legal system.

scholarly journals AFRICAN CHILDREN AND SEXUALITY: A PERSPECTIVE ON TRADITIONAL AND CONTEMPORARY APPROACHES

Obiter ◽  
2015 ◽  
Vol 36 (1) ◽  
Author(s):  
Gugulethu Nkosi
Keyword(s):  
Legal System ◽  
Customary Law ◽  
Constitutional Court ◽  
Sexual Offences ◽  
Distinct Component ◽  
High Court ◽  
Sexual Activities ◽  
The North ◽  
Legal Position ◽  
The Right

For many years in South Africa, sexual acts with, and between children under the age of sixteen, were regarded as a sexual offence, even if consensual. A twist to this legal position was brought about by the case of Teddy Bear Clinic for abused Children v Minister of Justice and Constitutional Development (2013 (12) BCLR 1429 (CC)), where the Constitutional Court decriminalized consensual sexual activity between children of certain age-ranges, starting from the age of twelve. Prior to serving before the Constitutional Court, this case was heard by the North Gauteng High Court. The application brought before the High Court challenged the constitutional validity of sections 15 and 16 of the Sexual Offences and Related Matters Act (32 of 2007) in as far as the said provisions criminalize a range of consensual sexual activities between children of a certain age. Sections 15 and 16 respectively criminalize acts of consensual sexual penetration and sexual violation between children.The court’s decision of decriminalizing consensual sexual acts of children of certain ages has created a space for a discourse on children and their decision-making on sexual matters. The court’s decision further paved way for a reflective discussion of traditional and contemporary approaches used in conscientizing children about their sexuality. As discussed below, the said approaches immensely influence the decisions that children make in sexual matters that affect them.It is asserted in this article that, while legal developments in the contemporary society emphasize the individualistic nature of a child when dealing with matters of his sexuality, it is argued that this approach cannot be the sole basis in dealing with sexuality of children. This is because the Constitution which serves as a bedrock of our legal system recognizes customary law as a distinct component of the South African legal system. It further recognizes the multi-cultural nature of the society within which children are raised. It provides that everyone has the right to participate in the cultural life of their choice, guided by the dictates of the Bill of Rights. This article seeks to explore the extent to which the Constitution, in as far as it recognizes the pluralist nature of our society, is assimilated in legislation and case law when dealing with the sexuality of children.

scholarly journals Cybercrimes Act in Nigeria: Experimenting Compliance With Internationally Recognized Human Rights Provisions

2020 ◽  
Author(s):  
Abdulkadir Bolaji Abdulkadir ◽  
Abdulrazaq Owolabi Abdulkadir
Keyword(s):  
Human Rights ◽  
Computer Technology ◽  
Cyber Security ◽  
Online Communication ◽  
Recent Experience ◽  
Legal Regime ◽  
New Approach ◽  
Complex Concept ◽  
The Right ◽  
Proper Consideration

The occurrence of criminal activities has increased owing to the advent of internet or computer technology. Access to internet has posed serious challenges to the existing legal regime and enforcement paradigm. The recent experience concerning rate of technology and online communication has no doubt fashioned-out a dramatic increase in the incidence of criminal activities. It has also resulted in the occurrence of what is considered as a new approach of criminal activities. Although, the emergence of electronic communication advances economic prosperity of the world’s commerce, fraudsters have gained access and seen the medium as a fertile ground for pretence. This paper firstly discusses the wide-ranging descriptions that led to the complex concept of cybercrime. The paper then examines the importance of cybercrimes regulations to curb infidelity in the use of computer technology. It also investigates the interface between cybercrimes and human rights and argued that human rights are an onerous matter that should be given proper consideration when dealing with cybercrime offenders. The paper utilizes legal research method by way of examining the Nigerian Cybercrimes Act 2015 and its relationship with several human rights provisions. It concludes by revealing the need to prevent cybercrimes that coincide with the right of an individual to enjoy his right to privacy and at the same time ensuring cyber security.  

scholarly journals Implementation of State Policy in the Field of Guardianship and Trusteeship: Regional Aspect

2020 ◽  
Vol 37 (65) ◽  
pp. 82-92
Author(s):  
Elvira V. Koroleva ◽  
Yana A. Volynchuk
Keyword(s):  
Russian Federation ◽  
Legal System ◽  
State Policy ◽  
Educational Environment ◽  
Adoptive Parents ◽  
Regional Aspect ◽  
The Family ◽  
The Russian Federation ◽  
The Right ◽  
The Guardian

The objective of the work is to review the implications of the implementation of state guardianship policy in the Primorsky territory of the Russian Federation. The institution of the family is the most important factor for the development of the child's personality; its role is constantly growing in the development and education of children. Without a doubt, the family is a natural educational environment for a child who leaves his mark on his behavior and character. A special place in the modern legal system is occupied by the aspect of the right of the child and the protection of the interest that is left without the care of the parents. Methodologically, use was made of the documentary research technique close to legal hermeneutics. It is concluded that the guardianship and guardianship bodies perform a series of important functions for any civilized state, namely: identification of people who need to establish one of the forms of guardianship (adoption); adoption of such persons, as well as increased supervision of the guardian, the activities of the adoptive parents and of persons authorized by the state to care for those who need their help.

scholarly journals Formation and development of the doctrine of heirless (vacant) succession in Ukraine

Legal Ukraine ◽  
2020 ◽  
pp. 6-11
Author(s):  
Oleksandr Nelin
Keyword(s):  
Legal System ◽  
Primary Source ◽  
Legal Regulation ◽  
Civil Code ◽  
The State ◽  
International Standards ◽  
Legal Tradition ◽  
The Family ◽  
Household Assets ◽  
The Right

The author studied the formation and development of the doctrine of heirless (vacant) succession in Ukraine. It has been determined that the probate law in Ukraine, as well as other legal phenomena, has followed its evolution, development and enrichment upon various historical stages of Ukrainian people and was closely tied with the existence or absence of Ukrainian statehood. The modern standards in this particular field of legal relations have been gradually established. The Kyiv State did not have the institution of heirless property because household assets of the ancient Ruthenian family were in collective property of the whole family and not in the property of an individual father-householder. That is why it was not succession but a mere redistribution of household assets remaining in joint possession within the family. The term «heirless property» was first specified in Lithuanian-Ruthenian state in Lithuanian Statutes (1566): if there were no heirs-at-law and by will, the property was acknowledged as heirless and devolved upon the state. For the legal system of Hetmanship era the primary source was the ancestral character of succession and devolution of the inheritable property to a public entity was an exception. Moreover, in Ukrainian legal tradition, the visible is the competition between acknowledging a vacant succession as an heirless property and extension of the institution of succession upon these relations. In Ukrainian SSR heirless succession devolved upon state. Modern civil law of Ukraine lacks the concept of heirless property (succession). The new Civil Code of Ukraine (2003) introduces the concept of «heirless succession» (Art. 1277). Ukrainian law applies European and international norms and standards. Along with this, the process must comply with the legal mentality of the Ukrainian people, with values and authenticity of its legal culture. Having adopted the Civil Code, Ukraine made and important step to the integration into the continental legal system, and the probate law acquired a new concept of heirless succession, when: firstly, available succession may be declared in judicial proceeding as heirless, and after that it devolves upon territorial community where it was commenced; secondly, the state is excluded both from the circle of heirs-at-law and from the circle of the entities-heirs of the succession acknowledged as heirless. The author specifies that the Ukrainian legislators did not take into account the Euroean experience during codification of the civil legislation, hence there are a number of issues that must be dealt with, so that Ukrainian legal system could completely meet the international standards. In EU countries the holder of the right for the heirless property is the state, in Ukraine it is a territorial community which outweighs the efficiency of the function of non-subjectivity elimination what heirlessness is intended for. Since a territorial community does not and cannot own so much civil capacity as the state. The author reveals some drawbacks in legal regulation of the issue and develops proposals to improve the probate law in Ukraine. Key words: succession, heirlessness, heirless property, legator, legatee, territorial community.

scholarly journals CONCEPTUAL ISSUES OF SIGNIFICANCE LEGAL AXIOMS

2021 ◽  
Vol 1 (10) ◽  
pp. 4-8
Author(s):  
I. Zelenko ◽  
Keyword(s):  
Cultural Values ◽  
Legal System ◽  
Mutual Influence ◽  
Special Kind ◽  
Legal Regime ◽  
Protective Function ◽  
Legal Science ◽  
The Law ◽  
The Right

The article reflects that legal axioms are actually values that constitute a special kind of social and cultural values. It is demonstrated that in domestic jurisprudence legal values are understood as values that determine the value of the law itself. It is highlighted that legal axioms are a kind of carrier of universal moral values that are important for any legal system. It is established that the right without a moral basis, remaining only a measure of coercion, ceases to be a right. It is revealed that axioms find their expression in the principles of law, ie play the role of the substantive basis of the entire legal system. It has been clarified that if the legal system is based on principles based on axioms, then interpretation and enforcement become more sophisticated. Attention is drawn to the fact that the meaning of legal axioms is expressed in the fact that they are based on legal science and theoretical ideas about law. It is highlighted that there is a mutual influence of the current law on the content and directions of development of legal science. It is noted that legal axioms as well as law in general perform a protective function. It is emphasized that legal axioms, having a protective character, are a component of the rule of law, the legal regime. It is presented that the meaning of legal axioms is that they ensure continuity in law. It is considered that the law is a complex dynamic system that is constantly changing under the influence of various factors. The thesis that the form of law is characterized by relative stability, and the content is more dynamic, was further considered. It is shown that legal axioms are those elements that give meaning to the law of permanence, immutability, basicity.

Investor-State Dispute Settlement under NAFTA Chapter 11: The Shape of Things to Come?

1998 ◽  
Vol 35 ◽  
pp. 263-290
Author(s):  
J. Anthony VanDuzer
Keyword(s):  
Free Trade Agreement ◽  
Dispute Settlement ◽  
Trade Agreement ◽  
Minimum Standards ◽  
The North ◽  
State Behaviour ◽  
Nafta Chapter 11 ◽  
To Come ◽  
The Right

SummaryRecently, there has been a proliferation of international agreements imposing minimum standards on states in respect of their treatment of foreign investors and allowing investors to initiate dispute settlement proceedings where a state violates these standards. Of greatest significance to Canada is Chapter 11 of the North American Free Trade Agreement, which provides both standards for state behaviour and the right to initiate binding arbitration. Since 1996, four cases have been brought under Chapter 11. This note describes the Chapter 11 process and suggests some of the issues that may arise as it is increasingly resorted to by investors.

SYSTEMIC CAUSES OF THE APPEARANCE OF “COBRA EFFECT” IN THE MANAGEMENT OF SOCIO-ECONOMIC DEVELOPMENT

2019 ◽  
Vol 86 (3) ◽  
pp. 51-61
Author(s):  
M. S. Mokiy ◽  
E. K. Borzenko
Keyword(s):  
Economic Development ◽  
Economic System ◽  
Gross National Product ◽  
The Family ◽  
Social And Economic Development ◽  
Socio Economic Development ◽  
Energy Consuming ◽  
The Right ◽  
Goals And Objectives ◽  
Least Energy

The article on the basis of extrapolation of system laws of management of social and economic development illustrates the system reason of the Cobra effect, that is, a situation where, despite the rather attractive goals that managers formulate, the result of the activities of subordinates is opposite to what was intended. The main problem of management is the development of a system of indicators, in which, working on the indicator, employees would change the state in the right direction. The reason for the Cobra effect is the manifestation of systemic patterns of socio-economic development. The main system regularity is the desire of the system for stability and self-preservation. This state of the system is achieved using the least energy-consuming way. It is shown that any worker, realizing system regularities, aspires to stability and self-preservation. Therefore, the employee is always forced to work for achieving the indicator. The article analyzes the manifestation of these laws at the level of enterprises and state. When managers understand these patterns explicitly or covertly, changes in the economic system are moving in the right direction. It is shown that the existing system of target indicators used as indicators to assess the effectiveness of management does not meet the goals and objectives of socio-economic development. At the meso- and macrolevel, absolute, volumetric indicators, such as gross national product and others, reduce the range of benefits to the population. The article defines the vector of change in the system of indicators for assessing the effectiveness of management at the regional and state levels, based on the fact that the key element is the family. At the same time, the targets should be indicators to assess the availability of benefits for households.

Why Has There Been No People’s Power Rebellion in North Korea?

2018 ◽  
pp. 1-34
Author(s):  
Andrew Jackson
Keyword(s):  
Rural Areas ◽  
North Korea ◽  
Large Scale ◽  
Political Elite ◽  
Information Control ◽  
Al Jazeera ◽  
The North ◽  
New Information ◽  
Effective System ◽  
The Right

One scenario put forward by researchers, political commentators and journalists for the collapse of North Korea has been a People’s Power (or popular) rebellion. This paper analyses why no popular rebellion has occurred in the DPRK under Kim Jong Un. It challenges the assumption that popular rebellion would happen because of widespread anger caused by a greater awareness of superior economic conditions outside the DPRK. Using Jack Goldstone’s theoretical expla-nations for the outbreak of popular rebellion, and comparisons with the 1989 Romanian and 2010–11 Tunisian transitions, this paper argues that marketi-zation has led to a loosening of state ideological control and to an influx of infor-mation about conditions in the outside world. However, unlike the Tunisian transitions—in which a new information context shaped by social media, the Al-Jazeera network and an experience of protest helped create a sense of pan-Arab solidarity amongst Tunisians resisting their government—there has been no similar ideology unifying North Koreans against their regime. There is evidence of discontent in market unrest in the DPRK, although protests between 2011 and the present have mostly been in defense of the right of people to support themselves through private trade. North Koreans believe this right has been guaranteed, or at least tacitly condoned, by the Kim Jong Un government. There has not been any large-scale explosion of popular anger because the state has not attempted to crush market activities outright under Kim Jong Un. There are other reasons why no popular rebellion has occurred in the North. Unlike Tunisia, the DPRK lacks a dissident political elite capable of leading an opposition movement, and unlike Romania, the DPRK authorities have shown some flexibility in their anti-dissent strategies, taking a more tolerant approach to protests against economic issues. Reduced levels of violence during periods of unrest and an effective system of information control may have helped restrict the expansion of unrest beyond rural areas.

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