scholarly journals Marriage

2006 ◽  
Vol 78 (9) ◽  
pp. 59-73
Author(s):  
Janko Kubinjec
Keyword(s):  
Civil Law ◽  
The Other ◽  
Legal Concept ◽  
Legal Entity ◽  
Property Relations ◽  
Legal Relationship ◽  
Other Hand ◽  
Marital Agreement

Marriage is the only legal concept related to persons regulated by the civil law, since the civil law deals primarily with objects. Historically, marriage developed from the most personal type of slavery to marriage understood as freedom. By entering into the marital agreement the spouses abolish their own legal entity and all legal relations based on marriage as such. Spouses' legal entity will be reestablished at the time of termination of marriage. At the time of entering into marriage the spouses eliminate the possibility of internal legal relationship, while on the other hand, the new, specific legal relationship will be established when their children are born. The property relations are considered as a transition from marital to civil law.

scholarly journals LEGAL PERSONALITY OF PUBLIC LEGAL FORMATION

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 256-261
Author(s):  
D. B. Sergeev
Keyword(s):  
Local Government ◽  
Public Administration ◽  
The Other ◽  
Legal Entity ◽  
Legal Personality ◽  
Legal Relationship ◽  
Other Hand ◽  
Analysis And Synthesis ◽  
The One ◽  
Legal Entities

In article public legal formation is studied as the organizational and legal embodiment of state and in the publication analyzes using the normative and systematic methods, as well as analysis and synthesis, the content of the Russian legislation and the works of legal scholars. The author came to a conclusion that «to be a subject of legal relations» means only to have ability to enter them. Therefore nothing and nobody can treat a sort of such phenomena as a legal entity or subject of legal relationship as ability is one of attributes. When public formation is called legal entity, often on a background the fact it is officials and bodies of public government (public administration and local government) ordered in structure and that the most important function of public formation – right ensuring. According to the author legal personality of public formation and legal personality of its bodies also mutually depend on each other. On the one hand, public formation as phenomenon, ideal in terms of philosophy, cannot carry out any actions as legal entity without actions of people – bodies and officials. On the other hand, state and municipal bodies and officials or act as legal entities – representatives of state or municipality (for example, governor in relations with legal entities which exist out of state), or their legal personality is based on they are recognized as a part of public formation, entering relations with its population or with other bodies and officials of this public formation. At the same time legal personality of public formation is not the sum of legal personality of all public bodies neither particular bodies of public formation, nor all of them combined are legal entities of state or municipal property.

scholarly journals Mantojuma masas juridiskā daba jeb “kas lācītim vēderā?”

2021 ◽  
pp. 220-227
Author(s):  
Kristīne Zīle ◽  
Keyword(s):  
Civil Law ◽  
Administrative Law ◽  
Civil Procedure ◽  
Legal Concept ◽  
Legal Entity ◽  
Deceased Person ◽  
Legal Proceedings ◽  
Legal Relationship

Any potential heir is interested to learn what he/she shall inherit. Therefore, it is of paramount importance to understand what are the contents of the estate, or, in other words, what is the meaning of “rights and commitments transferable to others” referred to in Article 382 of the Civil Law. Do any legal proceedings allow for replacement of the claimant or defendant with his/her heirs? Does any legal relationship allow for further transfer of rights? Further, after the opening of inheritance, the estate as a legal entity is entitled to substitute the deceased person. Although legal concept of the estate as a legal entity and its respective rights and obligations do not create issues from the perspective of civil law and civil procedure law, the situation is different from the perspective of administrative law, where this concept is disputable and there are controversial court rulings on this subject.

ASAS TERBUKA UNTUK UMUM DAN KEHADIRAN FISIK PARA PIHAK DALAM SIDANG DI PENGADILAN NEGERI PASCA PERATURAN MAHKAMAH AGUNG NOMOR 1 TAHUN 2019

2020 ◽  
Vol 6 (1) ◽  
pp. 237-250
Author(s):  
Bernadette M Waluyo
Keyword(s):  
Supreme Court ◽  
Basic Principle ◽  
Civil Law ◽  
The Other ◽  
District Court ◽  
Procedural Law ◽  
Other Hand ◽  
Administration Of Justice ◽  
Law Courts ◽  
Court Proceedings

The Indonesian Supreme Court, in response to the information era, modernizes the civil procedural rules at the district court level.  This is done by issuing Supreme Court Regulation no. 1 of 2019 re. Administration of Justice at Civil Law Courts and Electronic-Court Proceedings. Undoubtedly, modernization of existing rules on the administration of justice is much needed.  On the other hand, these changes may violate a number of procedural civil law principles.  The author argues, from a civil procedural law perspective, that the above Supreme Court regulation violates the basic principle of transparency of court proceedings and physical attendance at court proceedings. 

scholarly journals ETHICAL PRINCIPLES OF SOCIETY AS REGULATORY FACTORS OF CIVIL LAW OF UKRAINE: THE ISSUE OF VALIDITY

2019 ◽  
pp. 16-20
Author(s):  
V. Кroitor
Keyword(s):  
Civil Law ◽  
The Other ◽  
Ethical Principles ◽  
Regulatory Requirements ◽  
Regulatory Factors ◽  
Other Hand ◽  
Moral Rules ◽  
The Law ◽  
The One

The article studies the issue of scientific and practical validity of applying ethical principles of society as regulatory factors of civil law of Ukraine. Taking into account the lack of validity of ethical principles of society as regulatory factors, the author attempts to make a correlation between the content of such principles of civil law as fairness, integrity and reasonableness, on the one hand, and ethical principles of the society, on the other hand. The author of the paper proves that it is inappropriate to apply the provisions of morality as regulatory factors for the regulation of civil relations. The conclusion on the objection to the civil regularity of ethical principles of society is based on several theses. Firstly, moral rules are not formalized, which creates a threat of arbitrary interpretation of their content. Secondly, ethical principles do not have a definite source of origin. Thirdly, the fundamental ethical rules have already been taken into account in the content of the principles of fairness, integrity and reason, which in turn create competition between the two types of regulatory factors. Unreasonable duplication of regulatory requirements reduces the functionality of the law, complicates the perception of its requirements. The competition between the principles of law and the ethical principles of society must be eliminated by refusing to give the latter the function of regulatory factors. The author of the paper does not deny the possibility of taking into account the ethical principles of society while regulating the relations that have been neglected by the "official law".

scholarly journals ABUSE OF THE RIGHT TO INITIATE BANKRUPTCY PROCEEDINGS

2020 ◽  
pp. 259-264
Author(s):  
В. В. Дутка
Keyword(s):  
The Other ◽  
Legal Entity ◽  
Legal Norms ◽  
Other Hand ◽  
Bankruptcy Procedure ◽  
Good For ◽  
The Law ◽  
The Right ◽  
Ordinary Citizens ◽  
Legal Entities

The relevance of the article is that society’s attitude to the bankruptcy procedure is ambiguous: ordinary citizens who have never been involved in bankruptcy proceedings often perceive it as a certain negative phenomenon that should be avoided and avoided. On the other hand, for many debtors, bankruptcy becomes the “lifeline” with which they can repay their claims to creditors and start financial life “from scratch”. At the same time, it should be noted that many debtors and creditors use the bankruptcy procedure not for the purposes provided by the legislator in the relevant legal norms, but to satisfy only their own interests, to the detriment of the interests of other parties to the case. In this regard, the study of the abuse of the right to initiate bankruptcy proceedings becomes relevant. The article is devoted to the study of abuse of the right to initiate bankruptcy proceedings. The purpose of the article is to study the abuse of the right to initiate bankruptcy proceedings and highlight the author’s vision of this issue. According to the results of the study, the author concludes that the application to the debtor of bankruptcy procedures can be both good for the debtor and to the detriment of the interests of his creditors. Entities that could potentially abuse the right to initiate bankruptcy proceedings are: creditors of the debtor – a legal entity, as well as debtors – legal entities, individuals and individuals – entrepreneurs. The fact of exemption of debtors from the court fee for filing an application to initiate bankruptcy proceedings is not only an unjustified luxury for our state, but also only contributes to the abuse of the right to initiate bankruptcy proceedings by unscrupulous debtors. In order to reduce the number of cases of abuse of the right to initiate bankruptcy proceedings, the author justifies the need to complicate the conditions for opening bankruptcy proceedings, for example, by returning the conditions provided by the Law of Ukraine “On Restoration of Debtor’s Solvency or Recognition of Debtor’s Bankruptcy”.

Introduction

Japanese Law ◽  
2021 ◽  
pp. 1-8
Author(s):  
Hiroshi Oda
Keyword(s):  
Legal System ◽  
Civil Law ◽  
The Other ◽  
Legal Consciousness ◽  
Other Hand ◽  
Japanese Law

Japanese law is part of the Civil law (Franco-German) legal system. There have been discussions on the ‘Japanese legal consciousness’, but now, it is agreed that there is no such ‘uniqueness’ of Japanese law. On the other hand, the approach of the courts in interpreting statutes and their role in interpreting contracts may represent some unique aspects of Japanese law.

Part I The Doctrine of Res Judicata in Litigation, 1 The Doctrine of Res Judicata in Domestic Laws

2016 ◽  
Author(s):  
Schaffstein Silja
Keyword(s):  
Common Law ◽  
Civil Law ◽  
The Other ◽  
Res Judicata ◽  
Other Hand

This chapter analyses and compares the application of the res judicata doctrine in common and civil law countries. Res judicata is the principle that a matter may not, generally, be relitigated once it has been judged on the merits. The doctrine of res judicata is well established in common law jurisdictions, and allows for several res judicata pleas, namely the plea of cause of action estoppel, issue estoppel, former recovery, or abuse of process. On the other hand, the doctrine of res judicata in civil law countries recognises only one plea. In France, for instance, the doctrine of res judicata is referred to as ‘autorité de chose jugxée’. A judgment obtains ‘autorité de chose jugée’ when it is rendered, whether or not a means of recourse is available against the judgment.

scholarly journals JUSTICE A YEARNING IN THE IMPLEMENTATION OF THE CONTRACT IN THE SOCIETY

2017 ◽  
Vol 2 (1) ◽  
pp. 154
Author(s):  
Siti Malikhatun Badriyah
Keyword(s):  
The Other ◽  
Legal Relationship ◽  
Other Hand

The contract is very important in the life of society in the activities of economy, especially since the Foundation in various business activities. The contract is based on the agreement that creates a legal relationship between debtor and creditor. On the other hand often arise out of various problems in the contract, especially concerning the imbalance of legal relationship between the parties. The existence of an imbalance that ultimately gives rise to injustice. Even to this day still be a yearning for Justice, has not realized in various implementation contract in Indonesia

scholarly journals Analisis Kritis terhadap Perjanjian Perkawinan dalam Putusan Mahkamah Konstitusi Nomor 69/PUU-XIII/2015

2018 ◽  
Vol 14 (4) ◽  
pp. 799
Author(s):  
Damian Agata Yuvens
Keyword(s):  
Impact Analysis ◽  
The Other ◽  
Main Issue ◽  
Constitutional Court ◽  
Legal Consideration ◽  
Other Hand ◽  
The Republic ◽  
The Right ◽  
Marital Agreement

Pengujian terhadap beberapa ketentuan dalam Undang-Undang Republik Indonesia Nomor 5 Tahun 1960 tentang Peraturan Dasar Pokok-Pokok Agraria dan Undang-Undang Republik Indonesia Nomor 1 Tahun 1974 tentang Perkawinan ditujukan untuk memastikan agar warga negara Indonesia yang menikah dengan warga negara asing bisa tetap memiliki hak atas tanah dengan titel Hak Milik maupun Hak Guna Bangunan. Hasil akhirnya, Mahkamah Konstitusi Republik Indonesia, melalui Putusan No. 69/PUU-XIII/2015, menolak sebagian permohonan yang diajukan dan memberikan tafsir sehubungan dengan perjanjian perkawinan, sehingga perjanjian perkawinan juga bisa dibuat selama dalam ikatan perkawinan. Namun demikian, terdapat masalah nyata dalam Pertimbangan Hukum yang disusun, yaitu falasi, kurangnya pertimbangan dan tidak adanya analisis dampak. Di sisi lain, penilaian yang dilakukan secara terpisah oleh Mahkamah Konstitusi terhadap objek yang diujikan menyebabkan tidak tampaknya perdebatan komprehensif mengenai isu pokok yang diujikan. Terlepas dari kekurangan tersebut, tak dapat pula disangkal bahwa Putusan No. 69/PUU-XIII/2015 memberikan alternatif jalan keluar.Review on some provisions in Law of the Republic of Indonesia Number 5 of 1960 concerning Basic Regulations on Agrarian Principles as well as Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage were submitted in order to ensure that Indonesian citizen who marries foreign citizen could still hold land right with title of the Right of Ownership and the Right of Building. As a result, Constitutional Court of the Republic of Indonesia, through Decision No. 69/PUUXIII/2015, rejected part of the petition and provided interpretation in relation to marital agreement, so that marital agreement could be drafted during the marriage relation. Nevertheless, there are visible problems in the Legal Consideration, namely fallacy, lack of consideration and no impact analysis. On the other hand, assessment conducted separately by Constitutional Court of the Republic of Indonesia caused the invisibility of comprehensive debate on the main issue that is contested. Apart from the said shortcomings, it is undeniable that Decision No. 69/PUU-XIII/2015 provided alternative way out.

scholarly journals Verifikasi Identitas Biologis Menjelang Perkawinan dalam Perspektif Fikih

2012 ◽  
Vol 12 (2) ◽  
Author(s):  
Alimin Mesra
Keyword(s):  
Contemporary Problem ◽  
Civil Law ◽  
The Other ◽  
Identity Verification ◽  
Important Phenomenon ◽  
Other Hand

Abstract: Biological identity verification before marriage from a fiqh standpoint. This article treats falsifying biological identity for marriage as an important phenomenon that should be responded to academically. By way of analyzing discourse concerning this subject, this article reveals that weaknesses in how civil law and citizenry are administrated, if not fixed, will give rise to more such cases of it. On the other hand, the theory that love is the biggest motivation for falsifying biological identity is taken into account to clarify why this violation occurs. The conclusion reached in this article is to accommodate for the capacity to verify biological identity—when deemed necessary—before marriage. The author reinforces this idea by drawing upon several hadiths, applying al-maqâshid al-syâri‘ah theory, as well as calling to expand classical fiqh to the context of solving this contemporary problem.Keywords: biological identity, verification, contemporary problem, classical fiqh, contextualisationAbstrak: Verifikasi Identitas Biologis Menjelang Perkawinan dalam Perspektif Fikih. Artikel ini meletakkan fakta pemalsuan identitas biologis dalam perkawinan sebagai fenomena yang penting direspons secara akademis. Melalui analisis wacana atas berita yang terkait, tulisan ini menyingkap bahwa ada sejumlah kelemahan pada sistem administrasi keperdataan dan kependudukan yang jika tidak dibenahi akan melahirkan kasus-kasus serupa. Di sisi lain, teori bahwa cinta adalah motivasi terbesar untuk melakukan sesuatu dimanfaatkan untuk menjelaskan mengapa pelanggaran itu dilakukan. Kesimpulan yang direkomendasikan adalah mengakomodasi kebolehan melakukan verifikasi identitas biologis—jika dianggap perlu—sebelum perkawinan. Penulis menguatkan gagasan ini dengan melakukan kontekstualisasi atas beberapa hadis, penerapan teori maqâshid al-syarî’ah serta ajakan untuk mengembangkan fikih klasik dalam rangka mengatasi problematika kontemporer.Kata Kunci: verifikasi, identitas biologis, problema kontemporer, fikih klasik, kontekstualisasiDOI: 10.15408/ajis.v12i1.963

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