scholarly journals The Nullity of Non-Remarriage Condition in the Legal Mind and Judicial Decisions of the Islamic Republic of Iran Civil Law

2016 ◽  
Vol 10 (1) ◽  
pp. 127
Author(s):  
Ebrahim Taghizadeh ◽  
Seyed Ali Tabatabaee Far
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
Analytical Method ◽  
Civil Law ◽  
Family Court ◽  
Legal Analysis ◽  
Islamic Republic ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
Islamic Republic Of Iran

This study investigates the validity of man non-remarriage condition in Iran Civil law by using the judicial and legal analysis in descriptive and analytical method. The purpose of this study is to resolve some of the ambiguities surrounding this condition of the marriage document that can be used for the Bureau of family Court, lawyers, and other legal entities. Our survey shows that although there is no clear wording of the law in the Iran legal system. According to the judicial decisions and some of the Articles such as 959 and 942 in Civil law and the 1201/7 vote of the Supreme Court, it seems that non-remarriage condition in Iran Civil law is considered as instances of general negation and void, but its nullity does not impair the validity of the marriage.

Portugal

2015 ◽  
Author(s):  
Richard Frimston ◽  
Paula Távora Vítor ◽  
Geraldo Rocha Ribeiro
Keyword(s):  
Member State ◽  
Supreme Court ◽  
Legal System ◽  
Civil Law ◽  
Federal System ◽  
The Supreme Court ◽  
The Eu

Portugal is not part of any federal system, but is a Member State of the EU. The legal system is a civil law one. There are two main categories of courts: Administrative and Fiscal Courts, and Judicial Courts (Judicial Courts of First Instance, Courts of Appeal and the Supreme Court).

scholarly journals Analisis Yuridis Terhadap Alasan Penemuan Novum Palsu Sebagai Dasar Peninjauan Kembali Kedua dalam Perkara Perdata

AL-HUKAMA ◽  
2019 ◽  
Vol 9 (1) ◽  
pp. 130-148
Author(s):  
Ulil Manaqib
Keyword(s):  
Supreme Court ◽  
Judicial Review ◽  
Criminal Case ◽  
District Court ◽  
Legal Analysis ◽  
Civil Case ◽  
Judicial Decisions ◽  
Opposing Party ◽  
The Supreme Court

This article discusses the juridical analysis of the reasons for the discovery of a fake novum as the basis of a second review in a civil case. This study aims to answer the question of how are the reasons for the discovery of a fake novum as the basis for a second review in a civil case? and how are the legal analysis of a reason for the discovery of a fake novum as a the basis for a second review in a civil case. The reason for receiving the second review in the civil case is based on the discovery of a novum which was declared false by the Criminal Judge of the Bandung District Court that has inkracht, is a reason that falls within the criteria of Article 67 letter (a) which reads: “If the decision is based on a lie or a ruse the opposing party that is known after the case has been decided or based on evidence which is later declared to be false by the criminal judge”, is not classified as a reason for finding novum or the reason there are two conflicting judicial decisions. Secondly, the second review in the pedata and criminal case is only limited to the reason that there are two Judicial Decisions that are interrelated with one another (SEMA Number 10 Year 2009), so in addition to these reasons, the Supreme Court has never issued a policy related to the second mechanism Judicial Review, including on the grounds that a novum has been legally and convincingly found false by a public court.

scholarly journals Extraordinary Complaint in Civil Proceedings under Polish Law

2019 ◽  
Vol 2 (1) ◽  
pp. 31-44
Keyword(s):  
Supreme Court ◽  
Legal System ◽  
A Priori ◽  
Civil Law ◽  
Public Affairs ◽  
Civil Proceedings ◽  
The Supreme Court ◽  
Court Literature ◽  
Polish Law ◽  
Legal Measure

The system of appeal measures in civil proceedings under the Polish law has been subject to profound evolution over the years. The Supreme Court Law of 8 December 2017 has introduced a new legal measure called the extraordinary complaint, which allows rebuttal of final judgments terminating respective proceedings. Extraordinary complaint examination has been entrusted to the newly established Extraordinary Control and Public Affairs Chamber of the Supreme Court. Literature has referred to this extraordinary measure of appeal as a total instrument with considerable material and temporal scope, allowing contestation of final judgements regardless of whether any legal measures had been applied in the course of respective proceedings and the type of measures used. Although parties to civil proceedings have gained another extraordinary measure of appeal, they have no real influence over its application. The expansion of the extraordinary appeal measures catalogue in Polish civil law proceedings has triggered multiple reservations as to the connection between parallel complaints. One should not assume a priori that the new extraordinary measure of appeal shall destabilise the legal system in Poland – albeit certain operational distortions seem realistic.

scholarly journals Transferring detainees and identifying foreign criminal sentences in Afghan law

2017 ◽  
pp. 29-51
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Foreign Country ◽  
The Other ◽  
Islamic Republic ◽  
Other Hand ◽  
The Supreme Court ◽  
Islamic Republic Of Iran ◽  
The Russian Federation ◽  
The Government

To get familiar with the procedures and procedures for enforcing foreign criminal laws and regulations that are exceptionally based on the principle of non-recognition And the validity of foreign criminal sentences in the territory of the country, the researcher, despite the ambiguity of the process of transferring prisoners to Afghan law, established. The Government of Afghanistan has signed agreements on the transfer of detainees to the Russian Federation, the Islamic Republic of Iran and Tajikistan. In this way, the exchange of convicts is imprisoned Countries are subject to conditions (physical and physical). So far, 284 Afghan citizens from Tajikistan and 19 Afghan citizens from Iran have been brought in by the same procedure. On the other hand, 3 people are citizens Tajikistan and 28 Iranian nationals have been transferred to their country for the purpose of implementing and enforcing absenteeism sentences by Afghan courts. Afghan government in transferring convicts to Imprisonment with the countries that have concluded the agreement on the implementation of the extramarital sentences of the foreign country against the Afghan prisoner who transferred the proceedings and transferred to the country's prisons is such that the sentence Extramaritalization in prisons will be imposed on directly displaced prisoners and will not interfere substantially with this criminal judgment, unless this is contrary to the principles and norms of the Afghan legislature, in This will eliminate the vacuum created by the Supreme Court by appealing to the emancipation.

scholarly journals Judicial Response to the Doctrine of Specific Performance in Nepal

2020 ◽  
Vol 23 (2) ◽  
pp. 85-96
Author(s):  
Satya Narayan Kalika
Keyword(s):  
Supreme Court ◽  
Analytical Method ◽  
Secondary Data ◽  
Primary Data ◽  
Judicial Decision ◽  
Breach Of Contract ◽  
Legal Principles ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
Specific Performance

Specific Performance is one of the equitable remedies available to the victim of breach of contract awarded by a judicial decision in cases where damages are not adequate. This paper aims to highlight the legal principles and provisions of specific performance; Nepalese laws in that arena; and most specifically the judicial response to the doctrine whereby several case laws where the order of specific performance was granted or refused by the Supreme Court of Nepal have been examined. This doctrinal study has adopted exploratory descriptive and analytical method. The analysis is based on primary data drawn from the statute and major judicial decisions, and some secondary data drawn from articles, books and treatises on the issue. The nascent Muluki Civil Code, 2074 has also provided various remedies available to the victim party of breach of contract like its predecessor legislation, i.e. the erstwhile Contract Act, 2056. This paper thrives to explore the principle of specific performance of contract and to discuss the judicial responses to the doctrine of specific performance of contract in Nepal.

Theft and Fraud Committed Using Electronic Payment Systems (Regional Judicial and Investigative Practice)

2020 ◽  
Vol 2 ◽  
pp. 66-79
Author(s):  
S. L. Morozov ◽  
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Criminal Law ◽  
Legal Analysis ◽  
Payment Systems ◽  
Criminal Cases ◽  
Electronic Payments ◽  
Judicial Practice ◽  
The Supreme Court ◽  
The Russian Federation

The advent of the electronic currency and the effecting of electronic payments has caused new forms of thefts and types of acquisitive crimes. The judicial investigative practice of criminal cases of embezzlement committed using bank cards and other types of electronic payments has encountered problems with the qualification of such acts. The author identifies the most common enforcement problemsand their causesby a retrospective study of judicial practice, the changing norms of the criminal law. At the same time, a ten-year period of work of the judicial investigating authorities was studied. On the basis of traditional general scientific methods of cognition, as a result of a system-legal analysis of the considered set of specific situations, the author gives an author's view of the complex of causes that cause a lack of uniformity in judicial investigative practice. Using the hermeneutic approach, the author paid special attention to the application by the courts of the interpretation of the criminal law by the Plenum of the Supreme Court of the Russian Federation in different years. In conclusion, ways of resolving contentious issues of qualification of thefts and fraud in the field of electronic means of payment are proposed. It has been ascertained that high-quality and uniform law enforcement can provide additional clarification on the delimitation of related and competing theft from the Plenum of the Supreme Court of the Russian Federation. It is concluded that in general, the current concept of the Plenum of the Supreme Court of the Russian Federation does not contain contradictions with the novels of the criminal law, but can be improved. The rationale and edition of possible additions to the relevant decision of the Plenum of the Supreme Court of the Russian Federation are given.

scholarly journals Informal networks and judicial decisions: Insights from the Supreme Court of the Philippines, 1986–2015

2018 ◽  
Vol 39 (5) ◽  
pp. 616-633 ◽  
Author(s):  
Björn Dressel ◽  
Tomoo Inoue
Keyword(s):  
Supreme Court ◽  
Political Influence ◽  
The Philippines ◽  
Informal Networks ◽  
Significant Evidence ◽  
Presidential Appointments ◽  
High Profile ◽  
Judicial Decisions ◽  
The Supreme Court

To what extent do informal networks shape the decisions of the Supreme Court of the Philippines? Though often raised in the Philippines, this question has never been studied empirically. To answer it, we constructed a set of social network variables to assess how informal ties, based on university connections and work affiliations, may have influenced the court’s decisions between 1986 and 2015 in 47 politically high-profile cases. Providing statistically significant evidence for the effects of political influence (presidential appointments) and hierarchical pressure (the vote of the Chief Justice) on related networks, our analysis suggests a continuing tension on the Supreme Court bench between professionalism and informality. Because the findings advance both theoretical and empirical understanding of larger issues at the intersection of courts and society throughout the region, we recommend more attention to the role of judicial networks, external to the courts as well as within them.

scholarly journals Some psychological impacts on judging in criminal cases within the Supreme Court of Cassation of the Republic of Serbia

2020 ◽  
Vol 25 (2) ◽  
pp. 13-28
Author(s):  
Dragutin Avramović
Keyword(s):  
Public Opinion ◽  
Supreme Court ◽  
Criminal Cases ◽  
Judicial Decisions ◽  
The Supreme Court ◽  
Psychological Impacts ◽  
The Republic ◽  
The Relationship ◽  
Media Pressure

Following hypothesis of Andrew Watson, American professor of Psychiatry and Law, the author analyses certain psychological impacts on behavior of judges and examines the relationship between their idiosyncrasies and their judicial decisions. The survey encompasses the judges of Criminal Department of the Supreme Court of Cassation of the Republic of Serbia and, also, for comparative reasons, the judges of Criminal Department of the First Basic Court in Belgrade. Considering the main issues there is no great discrepancy between answers given by the judges of the Supreme Court and those of the Basic Court. Most responses of the Serbian judges deviate from Watson's conclusions, namely: they do not admit that they feel frustrated due to heavy caseloads, the significant majority of judges are reluctant to acknowledge their prejudices and influence of biases on their ruling, the significant majority of judges are not burdened with the idea of possible misuse of their discretion, they nearly unanimously deny that public opinion and media pressure affect their rulings, etc. Generally, the judges in Serbia are not willing to admit that they cannot always overcome their own subjectivities.

scholarly journals SKUTKI PRAWNE ORZECZEŃ TRYBUNAŁU KONSTYTUCYJNEGO W UJĘCIU CZASOWYM

2017 ◽  
Vol 3 (2) ◽  
pp. 313
Author(s):  
Roman Trzaskowski
Keyword(s):  
Supreme Court ◽  
Practical Importance ◽  
Civil Law ◽  
Main Question ◽  
Time Effects ◽  
Area Of Interest ◽  
Retroactive Effect ◽  
The Supreme Court ◽  
Constitutional Tribunal ◽  
The Common

Effects of Constitutional Tribunal’s Judgments in the Time PerspectiveSummaryThe problem of the time effects of the Constitutional Tribunal’s rulings remain within the area of interest of both constitutional and civil law scholars. It is widely discussed because of its enormous practical importance: more and more often the common courts and the Supreme Court have to deal with the laws which have been declared unconstitutional.The main question is whether the courts should apply the unconstitutional law while deciding on a case in which legally significant events had taken place before the law was declared null and void.The Polish Constitution does not give a clear answer to this question. The most important provisions seem to be contradictory, which makes it possible to use them as arguments for opposing positions.The scholars’ opinions differ significantly: some of them, followed by the Supreme Court, accept the so-called „retrospective” effect (the unconstitutional law cannot by applied), the others, together with the Constitutional Tribunal, take the opposite view. A few try to find a compromise.The proposition presented in this paper is to be classified as belonging to the third group.Indeed it seems that there is a need for a flexible approach. The time effects of a ruling shall be expressly stated by the Constitutional Tribunal. When the Tribunal fails to do so, the common courts have to asses themselves the rulings’ effects, being guided, among other things, by the principles of the civil law. There are strong arguments that the Constitution seems to favor the retroactive effect, yet it is not decisive. There are certainly situations, where a prospecitve effect shall be accepted: ultimately it is a question of balancing different constitutional and civil law values. 

scholarly journals Glosa do wyroku Sądu Najwyższego z dnia 17 października 2018 r. (II KK 73/18)

2020 ◽  
Vol 29 (1) ◽  
pp. 291
Author(s):  
Cezary Kulesza
Keyword(s):  
Supreme Court ◽  
Criminal Liability ◽  
Civil Law ◽  
Complex Behaviour ◽  
The Supreme Court ◽  
Bank Employees ◽  
The Impact

<p class="PreformattedText">The gloss refers to the problem of the impact of bank employees’ performance on borrowers’ liability for fraud. The author approves the view formulated in the thesis of the Supreme Court that the employees of the injured bank were obliged to exercise special diligence in checking the accuracy of the documents submitted by the accused necessary to obtain a loan. The position taken by the Supreme Court in the commented judgement can be considered as at least a partial departure from the previous jurisprudence of the Supreme Court accepting that the victim’s contribution to the occurrence of fraud is not relevant to the responsibility of the perpetrators. The author, starting from the results of victimological research, accepts the view that the basis of criminal liability for fraud is the complex behaviour of the perpetrator (extraneous) and representatives of the injured bank (intraneus) and their mutual activity. In the last part of the commentary, the author indicates the specific obligations of banks when granting loans. He also emphasizes the inclusion in civil law of the victim’s contribution to damage as a basis for its mitigation.</p>

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