Does Batak Toba Widower Get the Wife’s Family’s Inheritance?

The problem that will be discussed in this article is about the inheritance rights of a widower according to the customary inheritance of the Batak Toba, whether the widower according to the customary inheritance law of the Batak Toba gets an inheritance from his wife's family. The type of normative legal research used in this article is supported by references or secondary data as the basic material for research related to the issues discussed, that is the rights of the inheritance of widowers in Batak Toba. The data sources used are primary data and secondary data. The data from the results of this study will be analyzed with a qualitative approach, then will be described descriptively. The conclusion obtained from this study is that a Toba Batak widower, in the customary inheritance law of the Batak Toba does not inherit from his wife's family because the wife is a family member of the husband (honest marriage), because the wife herself does not also get an inheritance fromhis parents, because in Batak Toba community, only sons (his wife's brother) get a share of the inheritance and become the heirs of the wife's parents.

Statut spadkowy w postępowaniu dotyczącym podatku od spadku. Glosa do wyroku Naczelnego Sądu Administracyjnego z dnia 16 maja 2019 r., II FSK 1811/18

The Supreme Administrative Court has correctly adjudicated that without determining which inheritance law is applicable to the inheritance from the testator, the tax authority cannot categorically claim that an heir subject to inheritance and donation tax acquired the ownership of things or rights by inheritance at the time of the testator’s death. The ruling of the Supreme Administrative Court is also an opportunity to take a broader look at the provisions of the Act of the 28th of July 1983 on inheritance and donation tax which go beyond the issues covered by this jurisdiction. That act also raises other issues the resolution of which requires the application of conflict-of-law rules or, at the very least, of the methods of qualification specific to private international law.The position adopted by the Supreme Administrative Court in this verdict should contribute to the increase of the interest of tax authorities in conflict-of-law issues. Inheritance and donation tax is a public levy with which, due to the nature of the legal events covered by it, there are cases with the so-called „foreign element”. These are also of interest to the conflict-of-law rules. When considering them, as follows from the ruling of the Supreme Administrative Court, it is necessary to refer not only to our own (Polish) provisions of civil law, but also, by applying appropriate conflict-of-law rules, to the provisions of foreign civil law.

Regionalne ujednolicenie prawa prywatnego międzynarodowego w Skandynawii ze szczególnym uwzględnieniem spraw spadkowych

The aim of the following article is to introduce characteristics of the Nordic countries’ cooperation in the field of private international law, with particular emphasis on legislative cooperation concerning matters of inheritance law. The study discusses the genesis, characteristics and methods of legislative cooperation, along with selected Nordic conventions on private international law. As an example of a legal act of such kind, the article presents the Convention of 19 November 1934 comprising private international law provisions on succession, wills and estate administration, the detailed analysis of which was based on the author’s translation of the act from Swedish to Polish. Selected detailed issues discussed in the content of the Convention were also presented, some of which were compared to the solutions adopted by Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012.

Wills of ‘Wajibah’ and Renewal Thoughts of Islamic Inheritance Law in Indonesia

The Will of ‘Wajibah’ has been implemented in several Muslim countries, it is still debated. According to the majority of fiqh scholars, the obligation of will for a Muslim who is close to his death has been abolished by inheritance law. In addition, they argue that a will is ‘ikhtiyâriyah’ or an act of ‘ikhtiyâriyah’, the act depends on a person’s will, and it is not enforced by force (ijbariyah). This study tries to answer the controversy with the sub-problems of the actual concept of the mandatory will, the legal basis used by Islamic juries in determining the law, and how its reforms. This research is qualitative with a literature study and the sources used to include some ‘fiqh’ books and law books. To analyze the data, the author used content analysis methods, through inductive, deductive, and comparative thinking methods. The results of this study indicate that the mandatory will is new ‘ijtihad’ in the treasury of ‘ijtihad’. This concept was born from the reinterpretation of the will and inheritance verses by relating them to the context of today's social life with considerations of benefit or ‘mashlahah mursalah’. Abstrak: Wasiat wajibah meskipun telah berlaku di beberapa negara Muslim, masih mengundang perdebatan, antara lain disebabkan karena menurut pendapat mayoritas atau jumhur ulama fiqh kewajiban berwasiat bagi seorang Muslim yang telah mendekati masa kematiannya itu telah dihapuskan oleh hukum waris. Di samping itu, mereka juga berpendapat bahwa wasiat adalah perbuatan yang bersifat ikhtiyâriyah, yakni ada tidaknya wasiat tersebut tergantung kepada kehendak seseorang, tidak berlaku secara paksa (ijbâriyah). Penelitian ini, mencoba menjawab kontroversi sebagaimana dikemukakan di atas dengan sub masalah bagaimana sebenarnya konsep wasiat wajibah tersebut, apa landasan hukum yang digunakan oleh para juris Islam dalam menetapkan hukumnya dan bagaimana pembaruan yang terjadi di dalamnya. Jenis penelitian ini adalah kualitatif dengan studi kepustakaan yang menjadikan sejumlah kitab fiqh dan kitab undang-undang sebagai sumbernya. Analisis dilakukan dengan metode konten analisis, melalui metode berpikir induktif, deduktif dan komparatif. Hasil dari penelitian ini menunjukkan bahwa wasiat wajibah sejatinya merupakan ijtihad baru dalam khasanah ijtihad. Konsep ini lahir dari penafsiran ulang terhadap ayat-ayat wasiat dan ayat-ayat waris dengan mengaitkannya dengan konteks kehidupan sosial masyarakat sekarang dengan pertimbangan kemashlahatan atau mashlahah mursalah. Kata-kata kunci: pembaruan, ijtihad, hukum islam, wasiat wajibah

PEMBARUAN HUKUM KELUARGA ISLAM: Studi Kasus Hukum Waris di Somalia

This article aims to examine one of the phenomena that emerged in the Muslim world in the 20th century, namely the renewal of family law in Muslim-majority countries. This article focuses on the study of inheritance law reform in Somalia. By using a legal political approach, this article examines several important issues, i.e.,: the model of inheritance law reform in Somalia, the reasons that led to the revolutionary change from the concept of Islamic inheritance in general, and and the factors that influence these changes. In general, this study shows that in the reform of family law in Somalia, there are several rules that are not much different from the concept of the imam of the school of thought, but there are also several legal rules that are quite far from the conceot of conventional, especially the legal rules related to inheritance.

O AKTUALNOSTI CASUUM COMMORIENTIUM U RIMSKOM I SUVREMENOM EUROPSKOM PRIVATNOM PRAVU

In the Roman legal tradition, but also in modern civil law systems, the term commorientes (lat. commorientes) refers to persons who died in the same accident or other danger, standing in a legal position relevant to inheritance law. In connection with the resolution of such situations in the theory of private law, various legal presumptions have been developed since the period of classical Roman law. All these presumptions can be systematized within two basic concepts - the first based on the presumption of survival of subjects and the second based on the presumption of the simultaneous death of subjects. Comparatively, in the development of European private law, there has been a reception of both concepts, with the proviso that over time the concept of simultaneity will almost completely suppress the concept of survival. The paper analyzes the reasons for this. In establishing a link between Roman roots and European private law, special attention is given to the possibility of applying presumptions in cases where there is a certain spatial or temporal distance between the deaths of persons or if a different cause has led to fatal consequences. Ultimately, the paper clearly points to the importance of Roman rules, which can sometimes be fundamental in understanding the institutes of contemporary private law.

Trust Management of Other People's Property: Reform on the Warpath

The paper describes possible ways to reform the rules on trust management agreements in connection with the upcoming reform of Part II of the Civil Code of the Russian Federation. Currently, the reform of this part of the Civil Code of the Russian Federation is being carried out in relation to financial transactions, but the rules on intermediary transactions have not been changed, while the situation is complicated by the fact that the reform of property law has not taken place. The improvement of the provisions of Chapter 53 of the Civil Code of the Russian Federation on trust management agreements is due to the development of economic relations for the management of corporate rights, securities, investments, pension contributions, the emergence of a number of new forms of investment activity, as well as a significant difference in the relationship of "consumer management" of property in family and inheritance law (management by virtue of the law), as well as "professional management" of property in investment and other business areas (voluntary transfer of property to management).The Anglo-American experience of the trust, as well as other models of "trust property" cannot be borrowed by Russian law in any form. The ownership right must remain unitary and cannot take any form. In view of this, the paper suggests using European alternative models of managing someone else's property in the form of mandatory legal institutions for conducting someone else's business using various forms of representation (direct and indirect) instead of the Anglo-American trust. The author considers the possibility of differentiating the professional and non-professional regime of managing someone else's property, the nature of the beneficial interest, the rules of segregation of the management object and the nature of the trustee's responsibility.

An Inheritance Contract: a Critical Look at the Legal Construction

The legal structure of an inheritance contract introduced into the system of Russian civil law on June 1, 2019, caused an ambiguous evaluation in the doctrine of inheritance law. Analyzing various points of views of scholars and legal prescriptions, the author expresses her opinion on this legal structure highlighting in particular an imbalance in the legal status of the parties to the inheritance contract, expressed in the possibility of unilateral refusal to execute it by only one of the parties, in the absence of legal protection of the testator's counterparty when the latter alienates the property specified in the inheritance contract. This makes this legal structure practically non-binding for the testator and reduces its relevance. The author substantiates that the legal prohibition of concluding an inheritance contract through a representative applies only to the testator. The assumption is made that the reference to a third party acquiring the right of inheritance does not turn this agreement into a contract made in favor of the third party. The paper focuses on the controversial issue of the limits of the discretion of the testator and the essential conditions of the inheritance contract. The author differntiates the gaps in the law in the regulation of a number of issues related to the conclusion and execution of an inheritance contract, some wordings of Art. 1118 and 1140.1 of the Civil Code of the Russian Federation and suggests proposals that improve rules under consideration. The author comes to the conclusion that the legal structure of inheritance law raises many questions caused by faulty legal formulations and insufficient completeness of legal regulation, which can give rise not only to doctrinal discussions, but also to contradictory law enforcement practice.

Understanding Civil Law in The Context of Contemporary Islam in Indonesia

This article aims to better understand civil law in the context of modern Islam in Indonesia by reviewing several publications that address civil law in the context of Islam from an Islamic standpoint. This article was conducted using a qualitative method. Then, utilizing coding and assessment methods, we examined the data to understand the primary issue fully. Because the research was performed during a pandemic, government restrictions limited public mobility; we relied on secondary data. Finding civil law in an Islamic context, marriage law in an Islamic context that emphasizes an Islamic view following the state's view, how is the evidence for studying civil law in an Islamic context; including the primary law of the individual section, civil family law, and inheritance law in an Islamic context are among the highlights of our findings. We can conclude that Islamic civil law encompasses Munakahat (all aspects of marriage, divorce, and their legal consequences); Wiratsat (all aspects of heirs, heirs, inheritance, and inheritance distribution); and Mu'amalah (all aspects of material things and rights to objects, as well as human relations).

Acculturation in the Inheritance Law of the Dayak Ngaju community

The Dayak community, as an agrarian community, respects and upholds the noble values of their ancestors. These values strongly affect their social and cultural system, including the customs and traditions of inheritance settlement. This research is descriptive-analytic using a phenomenology approach. The aim is to identify the uniqueness of the traditional heritage of the Dayak Ngaju tribe in Palangka Raya through the perspective of acculturation theory of culture and law. The study shows that the acculturation model that occurs in Palangka Raya is an adjustment model, in which the process of adjustment and adaptation of one culture to other cultures occurs without forming a new culture. In addition, this study also finds that the community kinship system also influences the application of inheritance law among the Ngaju Dayak indigenous people, Palangka Raya, Central Kalimantan.