scholarly journals Euthanasia as a reason for unworthiness to inherit

2020 ◽  
Vol 59 (89) ◽  
pp. 415-434
Author(s):  
Jovana Milović
Keyword(s):  
Civil Code ◽  
Active Euthanasia ◽  
Legal Systems ◽  
Passive Euthanasia ◽  
Criminal Offense ◽  
General Terms ◽  
The Republic ◽  
The Right ◽  
Preliminary Draft

The provision on the right to a dignified death proposed in the Preliminary Draft Civil Code of the Republic of Serbia has again actualized the discussions on the legalization of euthanasia. Within the framework of inheritance legislation, there are discussions regarding the place of euthanasia among the reasons for unworthiness to inherit. In most legislations, euthanasia is still a criminal offense and, on that basis, the reason for unworthiness to inherit. In the legal systems where euthanasia is allowed, this procedure is completely performed by a doctor. Heirs are not involved in the procedure. Accordingly, euthanasia is not mentioned as a reason for unworthiness of the heir to inherit. The legal solution proposed in the Preliminary Draft of the Civil Code of the Republic of Serbia was discussed in general terms and left for further debate. By the time the proposed solution is adopted in this or a slightly modified form, active euthanasia will be the reason for unworthiness to inherit, while passive euthanasia could be discussed within some other legally prescribed reasons for unworthiness.

UPOREDNI PRIKAZ HRVATSKOG I SLOVENAČKOG PRAVA GRAĐENjA

Glasnik prava ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 35-51
Author(s):  
Edina Kočan
Keyword(s):  
Property Rights ◽  
Legal Systems ◽  
Legal Analysis ◽  
The Third ◽  
Conceptual Definition ◽  
The Subject ◽  
The Republic ◽  
Construction Law ◽  
Definition Of ◽  
The Right

The author presents a comparative legal analysis of the segments of construction law in Croatian and Slovenian law, with the aim of pointing out the differences that exist between them. Considering that this is a relatively new legal institute, which was somewhat earlier standardized in Slovenian law in relation to Croatian law, in the introductory exposition, a brief review was made of the occurrence of the construction law and the reasons for earlier non-regulation. The second part of the paper is dedicated to the stipulations of Act on ownership and Property Code of the Republic of Slovenia. This part refers to the conceptual definition of the construction law, in order to classify it in a certain broader unit, to which it belongs - genus proximum - searching for the closest relative, emphasizing the important characteristics that make it specific in relation to other property rights. In the third part of the paper, the author analyses the stipulations related to the subject of building rights, with reference to the dilemmas that exist in that sense, both in Croatian and Slovenian jurisprudence, as well as in the legal science of some other countries. The fourth part of the paper is dedicated to the stipulations that regulate the acquisition and duration of construction rights. Considering that derivative acquisition, among other things, characterizes the existence of bases and ways of acquisition, first possible bases of acquisition are presented, and then entry in appropriate public books as a way of acquiring this right and its duration. The concluding part of the paper summarizes the results of the analysis and evaluates the considered legal solutions, with the presentation of reasoned objections to the existing regulations, all with the aim of eventual amendment of the right to build in the legal systems in question.

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.

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.

The “Right to Die” (DRAFT)

2018 ◽  
Author(s):  
Robert C. Macauley
Keyword(s):  
Medical Treatment ◽  
End Of Life ◽  
Pain Medication ◽  
Palliative Sedation ◽  
Patient Rights ◽  
Right To Die ◽  
Active Euthanasia ◽  
Passive Euthanasia ◽  
Life Sustaining Treatment ◽  
The Right

Formerly referred to as “passive euthanasia,” forgoing life-sustaining medical treatment came to be accepted in the 1970s based on a patient’s right to privacy. In order to achieve this societal shift, the practice was clearly distinguished from active euthanasia, which was universally rejected. Over the ensuing decades, other permutations of “the right to die”—including receiving intensive pain medication at the end of life and palliative sedation—were considered and accepted to varying degrees. Modern advocates of euthanasia now argue that it is not, in fact, so different from forgoing life-sustaining medical treatment, which endangers the critical consensus that lies at the heart of the patient rights movement. Voluntarily stopping eating and drinking is also discussed, as well as the ethical equivalence of withdrawing and withholding life-sustaining treatment.

PENALTIES FOR MINORS: COMPARATIVE LEGAL RESEARCH

2018 ◽  
Author(s):  
Oleksandra Skok ◽  
Keyword(s):  
Community Service ◽  
Criminal Code ◽  
Criminal Offense ◽  
Distinctive Features ◽  
Criminal Offenses ◽  
The Family ◽  
The Republic ◽  
The Right ◽  
Quantitative Indicators ◽  
Family Code

The article defines the age characteristics of minors in accordance with the Family Code of Ukraine, the Criminal Code of the Republic of Kazakhstan, the Criminal Code of the Republic of Tajikistan and the Criminal Code of the Republic of Azerbaijan. The quantitative indicators of minors who, in 2020-2021, were notified of suspicion of committing criminal offenses, minor crimes, grave crimes and especially grave crimes, are given. The types of punishments provided by the criminal codes of Ukraine, Kazakhstan, Tajikistan and Azerbaijan, which can be imposed by the court on persons who have committed a criminal offense, at the age of fourteen to eighteen, have been determined. Taking into account the provisions of the Criminal Code of Ukraine, an analysis of punishments in the form of a fine, community service, correctional labor, arrest and imprisonment was carried out. The article analyzes the provisions of the Criminal Code of the Republic of Kazakhstan on punishments in the form of deprivation of the right to engage in certain activities, a fine, involvement in community service, correctional labor, restriction of freedom and imprisonment. The analysis of the content of the Criminal Code of the Republic of Tajikistan in terms of the features of punishments in the form of deprivation of the right to engage in certain activities, a fine, compulsory labor, correctional labor and imprisonment has been carried out. The analysis of punishments provided by the Criminal Code of the Republic of Azerbaijan in the form of a fine, community service, correctional labor, restriction of freedom and imprisonment has been carried out. The general and distinctive features characteristic of the list of punishments that can be assigned to minors have been established. The practice of the courts of Ukraine has been studied in relation to penalties in the form of a fine, correctional labor, community service and imprisonment. The works of domestic scientists are analyzed, on the basis of which, a circle of persons who have conducted research on individual issues on the responsibility of minors is determined.

CONDITIONS FOR THE EXERCISE OF THE RIGHT TO PRIVATE PROPERTY: DE YURE / DE FACTO

2021 ◽  
Vol 6 (5) ◽  
pp. 31-39
Author(s):  
Alisher Borotov ◽  
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Civil Code ◽  
The Republic ◽  
The Right

The article is devoted to the right to private property and the conditions for its implementation, which explains that ownership is not only a right, but also a duty, a responsibility. Therefore, Article 172 of the Civil Code of the Republic of Uzbekistan states that these conditions are specially normalized. And throughout the article, these terms are explained in de jure / de facto perspective.At the end of the article, the new version of the draft Civil Code of the Republic of Uzbekistan provides suggestions for improving Article 198 of the "Conditions for the exercise of property rights".

scholarly journals Features of criminal responsibility and punishment of juveniles under the criminal code of Ukraine and the Republic of Kazakhstan

2020 ◽  
Vol 4 (4) ◽  
pp. 231-237
Author(s):  
Oleksandra Skok ◽  
Taisiya Shevchenko
Keyword(s):  
Juvenile Delinquency ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Public Works ◽  
Criminal Offense ◽  
The Past ◽  
The Republic ◽  
The Right

. The place of a juvenile as a subject of a criminal offense in the system of legal regulation of issues related to criminal liability has been determined. The peculiarities of criminal responsibility and punishment of minors, defined in the Criminal Code of Ukraine and the Criminal Code of the Republic of Kazakhstan, are considered. An analysis of statistics on the number of criminal offenses committed over the past five years by persons aged 14 to 18 years. Minor fluctuations in the level of juvenile delinquency committed in Ukraine over the past five years indicate an insufficient level of counteraction to juvenile delinquency in Ukraine. The criminal-legal characteristic of punishments which can be applied by court to the juvenile found guilty of commission of a criminal offense is given. The grounds and procedure for applying to minors convicted of a criminal offense the main punishments provided by the domestic law on criminal liability, such as: fine, have been studied in detail; public works; corrective work; arrest; imprisonment for a definite term. Attention is also paid to additional penalties in the form of fines and deprivation of the right to hold certain positions or engage in certain activities. Taking into account the provisions of the Criminal Code of the Republic of Kazakhstan, the punishments imposed on minors are analyzed, namely: deprivation of the right to engage in certain activities; fine; corrective work; involvement in public works; restriction of liberty; imprisonment. Attention is paid to the legislative regulation of issues related to exemption from criminal liability and punishment with the use of coercive measures of an educational nature.

scholarly journals Legal construction of the superficies until the modernization of the civil code of the Republic of Moldova and the background which lead to the amendment of the civil code

2021 ◽  
pp. 14-18
Author(s):  
Constanta Obada ◽  
Keyword(s):  
Real Estate ◽  
Civil Code ◽  
Practical Application ◽  
Republic Of Moldova ◽  
Local Literature ◽  
Legal Construction ◽  
The Republic ◽  
The Right ◽  
Over Time

The purpose of this paper is to highlight the issues related to the clarification of the essence and legal construction of the surface right/ superficies, as initially regulated by the Moldovan legislator (until 01.03.2019), due to the fact that in the local literature there were different opinions with reference to this subject, which, consequently, led to the equivocal interpretation of the norms of law in the same matter, and this interpretation, respectively, offered different solutions of practical application of the norms regarding the institution of superficies. Thus, in this paper was analyzed the evolution of the right of superficies over time and highlighted the premises that led to the change of several rules governing the institution of superficies, but also the concept of real estate, in general.

scholarly journals Disclosure duties in insurance contract

Pravni zapisi ◽  
2021 ◽  
Vol 12 (1) ◽  
pp. 184-212
Author(s):  
Katarina Ivančević
Keyword(s):  
Risk Assessment ◽  
Comparative Law ◽  
Contract Law ◽  
Civil Code ◽  
Insurance Contract ◽  
Contractual Obligation ◽  
The Republic ◽  
Special Rules ◽  
European Insurance ◽  
Preliminary Draft

In this paper, the author considers issues related to the pre-contractual obligation of the insurance policyholder to report to the insurer circumstances significant for the risk assessment. The aim of this paper is to compare the provisions of the The Law on Contract and Torts (LCT), proposals for changes in Serbian law envisaged in the Preliminary Draft of the Civil Code of the Republic of Serbia with solutions from comparative law and the provisions of the Principles of European Insurance Contract Law (PEICL). The analysis showed that it is necessary to update the solutions from the LCT and that the proposed changes, in terms of special rules regarding the obligation to report circumstances relevant to risk assessment to the insurer, are largely in line with modern solutions in comparative law and PEICL. The author points out that the proposed solutions can be supplemented and improved.

scholarly journals Subsidiary Imprisonment in Criminal and Misdemeanor Law of Serbia // Supletorni zatvor u krivičnom i prekršajnom pravu Srbije

2017 ◽  
Vol 7 (7) ◽  
pp. 193
Author(s):  
Dragan Jovašević ◽  
Marina Simović
Keyword(s):  
Criminal Law ◽  
Criminal Sanction ◽  
Criminal Offense ◽  
The Public ◽  
Criminal Sanctions ◽  
Security Measure ◽  
The Republic ◽  
License Revocation ◽  
The Right ◽  
Concept Type

In a criminal (criminal and misdemeanor) law the right to deprivation of liberty of movement of another person - a perpetrator of a criminal offense - based on a decision of the court for a specified period of time is a type of criminal sanction of institutional character (whether it is punishment, security measure or educational measure). However, criminal law knows the so-called special forms of law-based deprivations of liberty, which do not represent the type and measure of criminal sanctions. These are, in fact, forms of deprivation of liberty that represent the substitute for the other previously imposed, entirely or partly, unpaid penalties - fine, driving license revocation or work in the public interest. This Paper deals with the concept, type and characteristics of the subsidiary imprisonment in positive criminal law of the Republic of Serbia.

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