scholarly journals Marriage in Serbian law and in comparative perspective

2020 ◽  
Vol 54 (2) ◽  
pp. 545-560
Author(s):  
Gordana Kovaček-Stanić ◽  
Sandra Samardžić
Keyword(s):  
Historical Development ◽  
Statistical Data ◽  
Family Law ◽  
Comparative Law ◽  
Comparative Perspective ◽  
Opposite Sex ◽  
Marriage Formation ◽  
Formal Requirements ◽  
Domestic Law ◽  
Opposite Gender

According to the Serbian Family Act marriage is cohabitation between two persons of the opposite sex governed by the law. The same act, prescribes substantial and formal requirements for valid marriage. This paper aims to present a review of these requirements in domestic and comparative law as well. It analyzes each condition separately, giving an overview of their historical development and the way they are regulated today in different legal systems. According to domestic law, substantial requirements are the following: opposite gender, expression of will to get married, cohabitation and lack of marriage impediments. However, there is a tendency in the contemporary family law to reduce marriage impediments, which leads to the liberalization and facilitation of marriage formation. Since marriage is very often concluded in religious form, article also gives an overview of the ecclesiastical rules concerning marriage. Finally, it analyzes and compares statistical data concerning number of concluded marriages and divorces in Serbia thirty years ago and in present time.

Historical Development of the Graphical Representation of Statistical Data.

1938 ◽  
Vol 33 (203) ◽  
pp. 623
Author(s):  
A. H. Richardson ◽  
H. Gray Funkhouser ◽  
George Sarton
Keyword(s):  
Historical Development ◽  
Statistical Data ◽  
Graphical Representation

scholarly journals Religious family law and legal change in comparative perspective

2016 ◽  
Vol 7 (1) ◽  
pp. 1-8
Author(s):  
Saptarshi Mandal ◽  
Sachin Dhawan
Keyword(s):  
Family Law ◽  
Comparative Perspective ◽  
Legal Change

scholarly journals Tourism Industry of Kashmir (1947-1989)

2013 ◽  
Vol 2 (4) ◽  
pp. 63-71
Author(s):  
Mushtaq Ahmad Itoo
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Historical Development ◽  
Statistical Data ◽  
Reference Data ◽  
Tourism Industry ◽  
Subsequent Change ◽  
Popular Government ◽  
Great Progress ◽  
Modern Sense

Tourism is one of the vital sectors of Kashmir economy. Though this industry emerged in modern sense during nineteenth century but it flourished after 1947 with the establishment of popular government and subsequent change in the nature of state. Also the various plans were framed and implemented for the promotion of this industry. The present paper highlights the historical development of tourism industry and the causes responsible for its vicissitudes during the period under reference. Data has been collected from the department of tourism, Jammu & Kashmir Govt. The statistical data of the tourism industry reveals that the tourism industry in Kashmir saw a great progress and reached to its full boom in the eighties of the twentieth century, though the industry saw many ups and downs during this period.

scholarly journals Criminal Law Protection of Personal Secrets in Hungary

2019 ◽  
Vol 8 (1) ◽  
pp. 23-42
Author(s):  
Viktor Bérces
Keyword(s):  
Criminal Law ◽  
Historical Development ◽  
Medical Profession ◽  
Comparative Law ◽  
Criminal Code ◽  
Privileged Information ◽  
Legal Norms ◽  
Procedural Law ◽  
Wide Perspective ◽  
Offending Behaviour

The study analyses in detail and from a wide perspective the criminal law regulation applicable to the protection of personal secrets in Hungarian law. The author presents the historical development and comparative law context of the criminal substantive legal norms which defend personal secrets, especially in view of persons whose occupations or professions require handling such privileged information. Several norms applicable to specific professions (the clergy, the medical profession, and attorneys at law) as well as their implications in the light of the provisions of criminal and civil procedural law are also explored. The author concludes that it would be advantageous to use the expression ‘occupation’ in a wider sense and that the Hungarian Criminal Code should exemplify the secrets which often occur in everyday life and the exposure of which fits into the offending behaviour. Also, criminal and civil procedure should use the same rules for the exemption of persons bound by secrecy from having to testify as witnesses.

Remembering Our Heroes: Global Jihad’s Militancy in a Comparative Perspective

2021 ◽  
Vol 13 (1) ◽  
pp. 98-124
Author(s):  
Meir Hatina
Keyword(s):  
Twentieth Century ◽  
Historical Development ◽  
Textual Analysis ◽  
Comparative Perspective ◽  
Self Perceptions ◽  
Ibn Taymiyya ◽  
Sayyid Qutb

Abstract Many studies have been devoted to the features of global jihad (also known as Salafi jihadism), its historical development, its difference from other Salafi groups, or its struggles with ideological rivals. Little emphasis, however, has been given to global jihadists’ ideological genealogy, and hence to locating them in a comparative perspective. How did they commemorate their formative heroes, such as the medieval jurist Ibn Taymiyya and mid-twentieth century ideologues, such as Sayyid Qutb, Abu al-Aʿla al-Mawdudi, ʿAbd al-Salam Faraj, Shukri Mustafaʾ, Marwan Hadid or Saʿid Hawwa? Were these figures still perceived as cultural heroes, or were they shunned? Did their writings continue to provide sources of inspiration, or were they replaced by new manifestos? An in-depth discussion of these questions, based on a textual analysis of jihadi sources, may shed further light on global jihadists’ ideological evolution and self-perceptions. It will provide an additional prism for analyzing modern Sunni militancy, and scrutinize the extent its protagonists’ treatises match past traditions or, alternatively, deviate from them in favor of cultivated traditions, thus advancing a dissident agenda.

5 Formal Requirements for Valid Consent to Direct Military Assistance

2020 ◽  
Author(s):  
De Wet Erika
Keyword(s):  
International Law ◽  
Ad Hoc ◽  
The Political ◽  
Legal Basis ◽  
Military Assistance ◽  
Customary International Law ◽  
Head Of State ◽  
Valid Consent ◽  
Formal Requirements ◽  
Domestic Law

This chapter explores potential formal requirements that may affect the validity of consent to direct military assistance. Customary international law only imposes two specific, formal limitations on the legal construct of military assistance on request. The first would be that the request for or consent to military assistance must be issued (and withdrawn) by the highest officials of a state, namely, the head of state and/or government. Where these two positions are not combined within the same person and there is disagreement between them as to whether consent exists, the domestic law of the country in question may be decisive in determining who has the final say in the matter. However, such disagreement between the two highest state officials is likely to be an indication of the political fragility of the consent, which should caution against relying exclusively on consent as the legal basis for the forcible measures. The second constraint imposed by customary international law concerns the requirement that ex ante consent as expressed in pro-invasion treaty clauses must be complemented by ad hoc consent at the time of the forcible measures. Apart from these two constraints, customary international law does not seem to impose any particular formal requirements on states expressing consent to forcible measures on its territory.

The Concept of Fault of the Tortfeasor in Estonian Tort Law: A Comparative Perspective

2013 ◽  
Vol 38 (2) ◽  
pp. 141-170 ◽  
Author(s):  
Janno Lahe
Keyword(s):  
Strict Liability ◽  
Comparative Law ◽  
Tort Law ◽  
Frame Of Reference ◽  
Comparative Perspective ◽  
Tort Liability ◽  
European Model ◽  
Common Frame Of Reference

The fault of the wrongdoer is one of the preconditions for general tort liability. Nowadays, fault-based liability and strict liability are two equally important forms of liability that are not polar opposites but, rather, complement one another. This article focuses on the meaning of the fault of a tortfeasor. It considers the notion of fault in two European model rules (the Draft Common Frame of Reference and the Principles of European Tort Law), in the Estonian Law of Obligations Act, and also makes reference to German, French, English, and Russian tort law. We shall begin with a comparative discussion of the questions of general liability based on fault, fault capacity, various forms of fault, the burden of proving fault, and the importance of differentiating those forms of fault. Thereafter, we will treat the issues of fault in the context of liability for torts committed by another person and, also, borderline issues between fault-based liability and strict liability. This analysis seeks to offer the reader a basis for determining whether the regulations of Estonian tort law are justified or whether amendments should be considered within such a comparative-law framework.

Chinese Family Law and Social Change in Historical and Comparative Perspective.

1979 ◽  
Vol 52 (2) ◽  
pp. 334 ◽  
Author(s):  
Elisabeth J. Croll ◽  
David C. Buxbaum
Keyword(s):  
Social Change ◽  
Family Law ◽  
Comparative Perspective ◽  
Chinese Family

scholarly journals The Socio-Cultural Perception of Death in Turkish Society Recorded in Lament Epics (1955–1975)

2014 ◽  
Vol 70 (2) ◽  
pp. 209-223
Author(s):  
M. Cumhur İzgi̇ ◽  
Tarana Abdulla ◽  
Mustafa Çoban ◽  
Ebru Onay ◽  
E. Elif Vatanaoglu Lutz
Keyword(s):  
Content Analysis ◽  
Statistical Analysis ◽  
Statistical Data ◽  
Young Age ◽  
Road Accidents ◽  
Cultural Perception ◽  
Turkish People ◽  
Full Picture ◽  
Opposite Sex ◽  
Turkish Society

This study explores the socio-cultural perception of death among Turkish people. For this reason, 210 published lament epics written by Turkish folk singers across all of Turkey concerning deaths between 1955 and 1975 were selected for analysis. These epics were published on single pages and were sold. The statistical analysis based on detailed content analysis was done at the univariate, bivariate, and multivariate levels. The results of the study provide a full picture of perception of cases of death in Turkish society. These results show Turkish society is especially sensitive to cases of death at young age and to the murdered. Further, a clear perception of the working of fate is encountered in deaths resulting from disaster and accidents; but the desire for vengeance is recorded in those laments concerning martyrs and the murdered. The statistical data show that most commonly cited reasons for death after road accidents, were a consequence of relationships with the opposite sex and from a sense of honor.

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