Extinctive Prescription, a Means of Extinguishing the Substantive Right of Action and the Forfeiture of the Right to Invoke it

This article falls both within the provisions of the Civil Code relating to extinctive prescription, its notion and object, the effects of prescription, and, inseparably, within the provisions of the Code of Civil Procedure because this institution entails the forfeiture of the right to bring a civil action, which produces serious legal effects for the holder of the right of action because, once invoked and applied, it leads to the loss of the civil subjective right itself. The purpose of the article is to present the general legal rule governing this institution and to highlight the procedural aspects that practitioners must take into account in the activity of legal representation.

"Legal regulation" vs "legal regulation"

The purpose of the study is to comprehend and define the substantive differences between the concepts and phenomena of legal rule-making and legal rule-making. The research methodology is represented by a set of philosophical and general scientific methods. Determinants of which are comparative and hermeneutic, as well as socio-cultural and axiological approaches. Results. It is shown that legal investigations’ conceptual and terminological accuracy is one of the foundations of qualitative research. It is proved that rigor and clarity in the application of the conceptual apparatus in legal research contribute to a fuller disclosure of the specifics of legal phenomena, and is also an indicator of the level of a philosophical and general culture of the researcher. Thus, the study will contribute to the improvement of the conceptual and terminological apparatus of the theory of law and philosophy of law. Scientific novelty. The paper proves that the concepts of "legal rule-making" and "legal rule-making" are not identical, but denote different, in essence, the processes of formation of legal norms. Practical significance. The results of the study can be used in further philosophical and theoretical-legal scientific research, preparation of special courses.

Court Decision Contra Legem or an Application of the Principle of Proportionality in Concreto?

The article analyses cases of non-application of a national legal rule by cassation court judges hearing civil cases where, based on the analysis of concrete circumstances, the application of such a rule, in the opinion of judges, would lead to an infringement of the principle of proportionality and the European Convention on Human Rights. Decisions of two courts of cassation belonging to the continental law tradition (the Lithuanian Supreme Court and the French Court of Cassation) illustrate such a control of the application of the principle of proportionality in concreto. While national law is subject to an increasing impact of the case law of supranational courts, the legitimacy of such national court decisions is discussed also in the context of the transformations taking place in regard to the role of a judge.

Prohibition: Between the Linguistic and the Legislative Concepts

Comparative studies take the lead among all studies, including modern linguistic studies. They are the means through which researchers get aware of other sciences and find connections among them. Thus, legislative texts are the database of the present study. The legal rule aims at achieving two issues: Doing something, which corresponds to order. What the addressee must avoid, which corresponds to prohibition that has been chosen for the present study. The present study starts with defining prohibition linguistically and grammatically, its meaning among the scholars of origins, and then its concept among those involved in the drafting of texts. The present study aims at identifying methods and expressions indicating prohibition, among which is the important expression “don’t”. Finally, punishment, which is the common result for not complying, is indicated. Linguistic, legislative drafting books, and some Quranic texts are used as the database for the present study. The Penal Code and the Civil Law are taken from the legal texts. The present study comes up with results; legislators do not use the term prohibition. Instead, they use prohibitive formulas. Legislators do not abide by what grammarians abide to. Grammarians use“ don’t + the present tense. But, legislators use everything that leads to the meaning of avoiding doing something except the grammarians’ formula because it makes legal texts subject to interpretation and diligence.

ABOUT REAL INEQUALITIES IN THE EXERCISE OF PARENTAL RIGHTS AND DUTIES TOWARDS THE CHILD

In judicial practice, the issue of real inequality between parents in terms of the exercise of their rights and duties over the child has been raised, causing much discussion in this regard. In this context, we show in this article that the principle of equality does not prohibit certain specific rules. Therefore, we stress that real inequality results from these specific rules, and to the extent that equality is not natural, imposing it would be tantamount to discrimination. Moreover, we point out that in judicial practice it has been decided that respect for the principle of equality of rights does not mean that the legal rule reflects the full uniformity of social situations, but that, on the contrary, the diversity of social situations can be proportionately adjusted to bring them to a common denominator.

Analisis Hukum Terhadap Penumpang Pesawat Atas Keterlambatan Keberangkatan Penerbangan Domestik di Bandara Internasional Kualanamu Deli Serdang

This paper riset aims to examine and analyze the legal rule regarding airlines for passenger aircraft in Indonesia is Law No. 8 of 1999 concerning Consumer Protection, Law no. 1 of 2009 concerning Aviation and Regulation of the Minister of Transportation No. 89 of 2015 concerning Handling Delays in Scheduled Commercial Air Transport Business Entities in Indonesia and Regulation of the Minister of Transportation Number 92 of 2011 amending the Regulation of the Minister of Transportation No. 77 of 2011 concerning the Responsibility of Air Transport Carriers. The factors causing the delay in departure at Kualanamu Deli Serdang International Airport are one of the factors of weather, and technical problems on aircraft but which are more often caused by weather, especially Kuala Lumpur is the hub airport (collecting airport) of several small airports where the weather can change at any time -Time and it is a thing that often happens in Kuala Lumpur. The responsibility of domestic airlines to aircraft passengers who experience delays in departure at Kualanamu Deli Serdang International Airport is to provide compensation and compensation in the form of soft drinks, snacks and heavy meals as well as compensation, depending on the type of delay according to the category, namely: Category 1, 30 to 60 minutes delay, Category 2, 61 to 120 minutes delay, Category 3, 121 to 180 minutes delay, Category 4, 181 to 240 minutes delay, Category 5, more than 240 minutes delay, Category 6, namely flight cancellations, then the airline is obliged to divert to the next flight or refund all ticket costs.

NATURE OF LEGAL RELIEF THROUGH THE LENS OF INTERNATIONAL CIVIL PROCEDURE

The paper argues that legal relief should be treated as a complex notion that has both substantive and procedural dimensions. This argument is illustrated by reference to international disputes as a situation where legal classification has immediate practical consequences. Building on this argument, the paper concludes that courts and tribunals have to apply both substantive and procedural laws when resolving issues pertaining to legal relief. The purpose of each particular legal rule should be decisive to determine its legal nature, while other approaches to legal classification, such as textual interpretation of legal rules, are open to criticism. The paper also reviews a number of practical cases which could be resolved based on the suggested approach to legal classification. In particular, it is argued that the mixed classification of legal relief is helpful to address potential conflicts between remedies available under foreign substantive law and the procedural apparatus of the forum court (lex fori). This approach is also potentially efficient in the context of transnational enforcement of arbitral awards and state court judgments, and in particular it can be used to justify the power of the enforcing court to adapt the relief ordered by the foreign award or judgment to the procedural tradition of lex fori.