scholarly journals BRAZILIAN LAW AND THE RECOGNITION OF THE RIGHTS OF PETS IN CHILDFREE COUPLES

2016 ◽  
Vol 11 (23) ◽  
Author(s):  
Valéria Silva Galdino Cardin ◽  
Stela Cavalcanti da Silva
Keyword(s):  
Legal System ◽  
Legal Status ◽  
Theoretical Method ◽  
Scientific Work ◽  
Civil Code ◽  
Family Context ◽  
Electronic Documents ◽  
The Family ◽  
The Subject

<p>The purpose of this scientific work is to analyze the legal status of pets in our legal system, and verify that it is consistent with the defense of their rights in childfree couples as well as the dispute of such when the breakdown of marriage or stable union occurs. The Civil Code categorizes pets as livestock. In order for these animals to have their due regard, they should be treated as subjects of rights, considering that they have the neurological capacity to generate awareness, albeit limited. In this day in age, many couples choose to achieve their parental project with pets rather than with children. Despite this change in the family context, pets are still classified as an asset, which denotes a gap between what society sees, and what the legislation determines. Childfree families with pets are a reality that cannot remain invisible before our legislation and judiciary. Thus, it is necessary to determine which animals are subject to rights according to their condition, through appropriate legislation and even including the issue of childfree couples by discussing custody, the exercise of rights to visitation and pet support. Finally, we used the theoretical method, which consists of works researched, specialized periodicals and electronic documents, as well as the legal collection on the subject.</p>

scholarly journals Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 441
Author(s):  
Indah Esti Cahyani ◽  
Aryani Witasari
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Freedom Of Contract ◽  
Related Statement ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.

scholarly journals A CONCEPÇÃO E A PERSPECTIVA FILOSÓFICA SOBRE O MODELO DE FAMÍLIA EUDEMONISTA FRENTE AO ENTENDIMENTO MAJORITÁRIO DE VÍNCULO BIOLÓGICO COMO ELEMENTO CARACTERIZADOR DA ENTIDADE FAMILIAR

2021 ◽  
Vol 9 (204) ◽  
pp. 1-18
Author(s):  
Gabriela Dantas da Silva
Keyword(s):  
Immanuel Kant ◽  
Legal System ◽  
Fundamental Rights ◽  
Main Topic ◽  
Social Sphere ◽  
Legal Challenges ◽  
The Family ◽  
The Face ◽  
The Subject ◽  
Philosophical Nature

The main topic of this article is to analyze the philosophical contributions on the subject and to criticize the State's actions as an entity that supports this family model. In a second moment, emphasis is given to the philosophical contributions of Immanuel Kant and Aristotle on morals and ethics, extending them to the family and social sphere. The concept of the Eudemonist Family with great Aristotelian influence, as well as some of the main contemporary family entities in brief contextualization, is also presented, to finally address the main problem of this article: the legal challenges of the Eudemonist family in the face of the majority understanding of biological bond as a characterizing element of the family entity. In conclusion, the philosophical nature is of great importance for the understanding of these new conceptions of the family, since the Brazilian legal system did not, in fact, contemplate the experience of society, not giving up texts that were expressly discriminatory and that excluded fundamental rights of individuals.

Intersectional relations between executive law and civil law of Ukraine

2021 ◽  
pp. 169-175
Author(s):  
N. Sergiienko
Keyword(s):  
Legal Status ◽  
Mutual Influence ◽  
Civil Law ◽  
Scientific Research ◽  
Civil Code ◽  
Scientific Article ◽  
Executive Process ◽  
The Subject ◽  
Definition Of

The scientific article is devoted to analyze the intersectional relations between executive law of Ukraine and civil law of Ukraine. The classification of forms of intersectional relations, offered by M.Yu Chelyshev, was taken as the ground of theoretical and methodological base of scientific research the intersectional relations between executive law of Ukraine and civil law of Ukraine. Even though this scientist-lawyer researched the intersectional relations of civil law, grounding on the subject of his scientific researches, his classification is stated as universal and grounded enough and can be used for different legal researches. In the scientific article the intersectional relations between executive law of and civil law of Ukraine are discovered though direction as follows: 1) intersectional interaction between executive law of Ukraine and civil law of Ukraine (it represents by using in executive law definitions and constructions of civil law. As an example of definitions and constructions of civil law, that are used in executive law, can be stated the definition of agreement); 2) intersectional influence between executive law and civil law (it represents by mutual influence of compositions of executive law and civil law, especially norms and institutions. The bright example of that mutual influence is the legal status of some kinds of property on the context of forfeiture the property – some kinds of property are out of forfeiture in the executive process, despite that property are out of turnover restrictions); 4) intersectional legal and collision regulation (it represents by direct and indirect mutual renvois between civil legislation and executive legislation. As an example can be used the direct renvoi to art. 28 of The Civil Code of Ukraine from subpar. 5 par. 2 sec. III of The Instruction of Compulsory Execution Organization, approved by The Ministry of Justice of Ukraine from 02.04.2012 under № 512/5).

Louis Hunton (1814-1838) - English Pioneer in Ammonite Biostratigraphy

1984 ◽  
Vol 3 (1) ◽  
pp. 58-68 ◽  
Author(s):  
H. Torrens ◽  
T. Getty
Keyword(s):  
Family Business ◽  
Scientific Work ◽  
North East ◽  
The North ◽  
The Family ◽  
The Subject ◽  
First Time ◽  
Practical Demonstration ◽  
Open Cast

In any discussion of the historical development of what was later to be named Biostratigraphy it is often assumed that a modern basis for the subject had already been reached by the cumulative work in the subject up to 1815; culminating in that of William Smith (1769-1839) and Alexandre Brongniart (1770-1847). But to this time fossils had only been used to identify (and discriminate between) often repetitive lithological units or to establish a relationship between rock units in different areas. The practical demonstration that particular lithological units could be regularly subdivided with significant consequences, on the basis of their contained fossils was a later achievement over several generations. One of the first to free stratigraphical palaeontology from such a lithological control was the forgotten Englishman Louis Hunton (1814-1838). In this paper Hunton's origins from a successful alum making family in the north-east of Yorkshire in the north of England and his short life and scientific work are described for the first time. The family business of alum making from the highly fossiliferous local alum shales, which were extracted open-cast, directly introduced Hunton to stratigraphical palaeontology. He followed up this work by study in London, where his pioneering paper was read to the Geological Society of London in 1836. He died less than 2 years later but had helped lay a foundation for major biostratigraphic advances by his insistence that only fossils collected in situ should be used in such work and then that the species, of especially ammonites, in his Yorkshire strata had particularly limited and invariable relative positions within that lithological sequence. His work is also compared with that of his contemporary W.C. Williamson and the conclusion reached that Hunton, because of his emphasis in the merits of ammonites, deserves more to be remembered as a pioneer of Jurassic biostratigraphy.

THE TREATMENT OF THE FOUNDLING (AL-LAQĪT) ACCORDING TO THE HANAFĪS

2002 ◽  
Vol 9 (3) ◽  
pp. 358-385 ◽  
Author(s):  
Keyword(s):  
Legal Status ◽  
Genealogical Relationship ◽  
The Family ◽  
The Subject

AbstractThis essay examines the problems that arise for the foundling—in Arabic, the laqīt or manbūdh, terms that signify a child abandoned by its mother or its parents and found by others. There are only a few prophetic traditions on the subject, and most of the views expressed by Muslim jurists seem to be based on ijtihād.I focus here on the rules (ahkām, sg. hukm) governing the discovery of the foundling and the legal assumption regarding its freedom. I also discuss the religious and legal status of the foundling, doubt about its legitimacy, its maintenance and upbringing, and the application of the institution of the patronage (walā). In addition, I highlight the means by which a foundling may acquire a genealogical relationship (nasab) with the family of the person who looks after it.

scholarly journals The key characteristics of corruption among the representative bodies of municipalities: criminological aspect

2021 ◽  
pp. 102-117
Author(s):  
Kseniia Sukhareva
Keyword(s):  
Legal Status ◽  
Scientific Literature ◽  
Scientific Work ◽  
Holistic View ◽  
Working Definition ◽  
Key Characteristics ◽  
Significant Phenomenon ◽  
The Subject ◽  
The Russian Federation ◽  
Characteristic Features

The object of this research is corruption among the representative bodies of municipalities as a separate significant phenomenon from the perspective of criminology. The subject of this research is the norms of international and Russian legislation that regulate the legal status of the representative bodies of municipalities in the Russian Federation, as well as scientific work of the experts in criminology, constitutional, municipal and criminal law, which allow disclosing the key characteristics of corruption among the representative bodies of municipalities. The goal of this article lies in formation of holistic view of corruption among the representative bodies of municipalities. The task is set to examine and analyze the legislation and scientific literature on the activity of the representative bodies of municipalities and their members (deputies), determine the key attributes of corruption among the representative bodies of municipalities, as well as establish this negative sociopolitical and legal phenomenon. The scientific novelty consists in studying the peculiarities of corruption among the representative bodies of municipalities, describing the key characteristic features of this phenomenon (sphere of existence, constituencies, scope of objectives), and giving the working definition to the concept of corruption among the representative bodies of municipalities. The acquired results lead to the conclusion that corruption in the representative bodies of municipalities is a complex and multifaceted phenomenon that negatively impacts the activity of a particular municipality, as well as the system of local administration overall.

IS THE BAN ON ENTERING INTO MARRIAGE FOR PEOPLE WITH MENTAL DISORDERS AND IMPAIRED MENTAL CAPACITY NECESSARY TO ENSURE ADEQUATE PROTECTION FOR MARRIAGE AND THE FAMILY?

2020 ◽  
Vol 1 (XX) ◽  
pp. 59-73
Author(s):  
Maciej Borski
Keyword(s):  
Mental Disorders ◽  
Legal System ◽  
Legal Status ◽  
Mental Capacity ◽  
Medical Sciences ◽  
The Family

The ban on marriages by persons suffering from serious mental disorders or affected by impaired mental capacity has been present in the Polish family legislation for many years. Therefore, there is a question whether the reasons followed by the legislator introducing it several dozen years ago into the legal system remain valid. The author tries to answer this question, at the same time indicating arguments in favour of reviewing the existing legal status. These are arguments raised not only in legal sciences, but also in medical sciences including psychiatry.

scholarly journals Testing the Origins of the Family Patrimony in Everyday Law

2005 ◽  
Vol 36 (4) ◽  
pp. 795-841 ◽  
Author(s):  
Nicholas Kasirer
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Civil Code ◽  
Legal Order ◽  
Property Law ◽  
Sociological Study ◽  
Married Life ◽  
The Family ◽  
Civil Code Of Quebec ◽  
A Share

This essay seeks to reevaluate the origins of the family patrimony by challenging the idea that the provisions introduced into the Civil Code of Québec in 1989 amounted to new law. The family patrimony is not simply a statutory trust borrowed maladroitly from Ontario, nor does it reflect a moral postulate that, prior to 1989, had no legal status. It may be argued, in advance of sociological study, that the family patrimony should be understood as reflecting customary norms that were already present in the Quebec legal order at the time of its enactment. Where wealth is accumulated by the spouses during the period that marriage is lived as a joint economic endeavour, rules of everyday law may require the sharing of certain property without regard to which of them has formal title thereto. These customary norms, obscured doctrinally by a modern disinclination among jurists to look beyond state-made law and its adjuncts in the regulation of married life, are potent sources of family property law. Once the manner in which everyday law complements the formal law of matrimonial property is made plain, it becomes apparent that the claim to a share of the family patrimony is not, in fact, a break with tradition in Quebec's Civil law of family property.

Alexander Scott, 1853-1947

1948 ◽  
Vol 6 (17) ◽  
pp. 251-262 ◽  
Keyword(s):  
Eighteenth Century ◽  
School Board ◽  
British Museum ◽  
Scientific Work ◽  
Cambridge University ◽  
Personal Character ◽  
The Family ◽  
The Subject ◽  
Second Period ◽  
County Town

BIOGRAPHICAL It has been found convenient to separate the more purely biographical matter from descriptions of scientific work. The biographical portion of this Notice is divided as follows, and reference may be made to these divisions in that portion which deals with Scott’s published work:— I. Home and boyhood, 1853-1868. II. At Edinburgh University, 1868-1875. III. At Cambridge University (first period), 1875-1884. IV. At Durham School, 1884-1891. V. At Cambridge University (second period), 1891-1896. VI. At Davy-Faraday Laboratory, 1896-1911. VII. Period 1911-1919. VIII. At British Museum, 1919-1938 (by Dr H. J. Plenderleith). I. Home and Boyhood, 1853-1868 On 10 March 1947, at the great age of ninety-three, Dr Alexander Scott, inorganic chemist, died at Ringwood, Hampshire. He was born in the county town of Selkirk on 28 December 1853, the son of Alexander Scott and the eldest of a family of four sons and four daughters, some of whom are now living. The family appears to have migrated from the Scott Border country, for there are records of forebears being settled in Fife, in Kilconquhar or its neighbourhood, in the middle of the eighteenth century, evidently as farmers. It was thus a return to the Scott country that the father of the subject of this Notice made when he was appointed Rector of Selkirk Academy in 1851, a post he held for thirty-three years. Token of his success as a teacher is given by a resolution of the School Board in 1884, the year of his death, in which his high personal character and eminent qualifications as a teacher are praised. He was also Kirk Session Clerk for twenty-eight years and an Elder for nine. To a testimonial in 1883, one hundred and sixty-five of his former pupils put their names and among these is Andrew Lang, who was Selkirk-born. A contemporary document also expresses the thanks of the Selkirk Mechanics’ Institute for Mr Scott’s work in promoting its prosperity by managing its library and arranging for lectures to the members, over a period of twenty-four years as Secretary.

scholarly journals Family Violence in the Educational Context: A Bibliometric Study

2021 ◽  
Vol 17 (2) ◽  
pp. 44
Author(s):  
Gerardo Gómez García ◽  
María Jesús Santos-Villalba ◽  
Carmen Rodríguez Jiménez ◽  
María José Alcalá del Olmo Fernández
Keyword(s):  
Family Violence ◽  
Scientific Productivity ◽  
Gender Violence ◽  
Family Context ◽  
Bibliometric Indicators ◽  
Educational Context ◽  
The Social ◽  
The Family ◽  
Different Types ◽  
The Subject

Family violence is one of the social problems that most concerns citizens today. Different subtypes of this violence continue to proliferate in the family context such as gender violence and child abuse. However, in recent years there has been an increase in cases of abuse of adolescent children towards their parents, giving rise to the phenomenon of child to parent violence. In order to analyse the scientific productivity of family violence, a bibliometric analysis was carried out. 679 scientific articles published from the date of origin of the subject to 2019 were analysed through the application of various bibliometric indicators. The results showed that the productivity on domestic violence is currently insufficient due to the existence of different types of violence that take place in the family nucleus and whose substantial elements differ from each other. Therefore, the need to continue contributing to research in this area of knowledge is reiterated.

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