Violations of Private Life

Private life it is essential is a right, along with other rights, shapes the human being, giving it value and identity. In this consensus, the legislator through the Romanian civil code sought to impose a series of deeds aimed at infringing on private life. Thus, the listed facts can be considered as violations of private life only subject to the presented of Civil Code (Romanian Civil Code, 2009). This means that the facts indicated in art. 74 of Civil Code they cannot be qualified under any circumstances as violations of private life, but only if they are not among the violations allowed by the international conventions and pacts ratified by Romania. More specifically, those acts do not attract civil liability (payment of compensation, etc.) if they have infringed the particular life allowed under the Convention and the jurisprudence of the ECHR. The private life must be protected and guaranteed by establishing and identifying actions that are prejudicial. The article is a study that in of regulations standards demonstrate violations of the right to life. Comparative development of ECHR case law pointed out that although there is a solid legislative framework, the right to life can be violated.

Notice of adjustment of the annual fee for perpetual usufruct of real property

The title to perpetual usufruct is regulated under Articles 232 to 243 of the Civil Code and in the Act of 21 August 1997 on Real Property Management. One of the characteristic features of this right is the obligation, on the part of the perpetual usufructuary, to pay an annual fee. The Act on Real Property Management prescribes that this fee may be updated by the competent public administration body acting on behalf of the real property owner. An analysis of provisions regulating the proceedings initiated by the filing of the notice of adjustment of the existing fee leads to the conclusion that the regulation in question is neither precise, nor clear. An additional difficulty lies in non-specification of legal consequences for a defective adjustment of the existing fee. This article puts forward a proposal for a solution to the most important practical difficulties associated with adjustment of the existing annual fee for perpetual usufruct.

The premise for the acquisition by acquisitive prescription of a road easement in the form of the existence of a permanent and visible device.

The institution of acquisition of land easement by acquisitive prescription has been widely discussed in recent years both in the science of law and in judicature. The statements generally concerned the broadly understood issues of land easements with the content corresponding to the transmission easement. Despite these numerous positions, it turned out that there were still several issues related to the interpretation of Art. 292 of the Civil Code causes a lot of controversy. The article attempts to explain one of them. The point is to examine whether the premise of the use of a permanent and visible device also requires a preliminary determination of the group of people who made this device. The conducted analysis leads to the conclusion that from the point of view of the premises of usucapion of the easement, it is indifferent to who erected the permanent and visible devices.

Actions Against The Law Caused on The Action of Cancellation of The Grants : Study of Decision No. 156/Pdt.G/2017/PN. Tjk

A grant is a free agreement in the form of giving part of the property to another person which cannot be withdrawn. Irrevocability is not an absolute provision because Article 1688 of the Civil Code regulates the conditions for withdrawing grants. However, the fact is that the withdrawal of the grant was given without heeding the provisions of the article. As a result, the withdrawal of grants that does not heed Article 1688 of the Civil Code will result in losses for the grantee and fall into the category of unlawful acts. The purpose of this study was to examine the cancellation of the grant granted by the judge in the decision no. 156/Pdt.G/2017/PN.Tjk with the Civil Code and analyze unlawful acts originating from the cancellation of grants that harm the grantee. To achieve this goal, the author uses a juridical-normative research method based on secondary data. Based on the research results the authors conclude that the cancellation of the grant in decision no. 156/Pdt.G/2017/PN.Tjk did not heed the provisions of Article 1688 of the Civil Code and as a result of the cancellation of the grant which harmed the grantee as compensation for fulfilling elements of an unlawful act in Article 1365 of the Civil Code.

Stosowanie przepisów o formie czynności prawnych, jako instrument kontroli obrotu prawnego w perspektywie orzecznictwa SN w latach 1964–1989

The regulation of civil law transactions during the Polish People’s Republic took place on many different levels. Among other things, the scope of state control over the performance of legal transactions also involved the obligation to document them. At the normative level, the code institution of the form of legal transactions reflected classical civilist concepts, typical for free-market relations. The aim of the study is to determine to what extent the principle of freedom of form expressed in the Civil Code was respected in practice, and to what extent the application of the rules on form made them another tool at the disposal of the totalitarian state to control transactions. Judicial jurisprudence seems to be the most appropriate area to analyze this problem. The article presents selected theses of the Supreme Court relating to the application of regulations on the form of legal transactions, formulated in the years 1964–1989, that is, from the enactment of the Civil Code to the beginning of the political and economic transformation towards democracy and free-market economy. The main considerations are preceded by a presentation of the code regulation of the form of legal actions with an indication of the basic functions, which — in the intention of the authors of the Civil Code — were ascribed to the form of legal actions. The part of the study devoted to the discussion of the jurisprudence explains, first of all, how the principle of the freedom of form was understood and how the provisions on the special form and the consequences of failing to observe it were applied. The conclusions that emerge from the analysis do not allow us to formulate a thesis about an ideological interpretation by the Supreme Court. In particular, it cannot be confirmed that the use of provisions on form testified to their instrumentalization. This leads us to reflect that the political conditions of the communist period did not preclude the Supreme Court from interpreting the law in a fully autonomous manner. For this reason, much of the case law from that period is still relevant.

ABOUT THE MODIFYING FUNCTION OF THE PRINCIPLES OF LABOR LAW ON THE GROUND OF THE ART. 300 OF THE LABOR CODE

The article is devoted to the function of the principles of labor law from the perspective of Art. 300 of the Labor Code, providing that in matters not regulated by provisions of the labour law relating to a relationship of employment, respective provisions of the Civil Code are applicable, if these are not contrary to principles of the labour law. Enriching the content of art. 300 of the Labor Code for the above premise allows for the identification of certain specific functions that are fulfilled by the principles of labor law on this ground. In the doctrine of labor law, among them, there is a modifying function, correlated with the clause of appropriate application of provisions in the variant, which assumes modification in the area of disposition of provisions applied in connection with Art. 300 of the Labor Code. The aim of the article is to assess the legitimacy of relating the modifying function to the principles of labor law within the meaning of art. 300 k.p. taking into account, inter alia, the limits of making and interpreting the law and the nature of the referring provisions.

ABOUT SOME PRACTIC PROBLEMS IN LABOUR LAW

The rule arising from the Article 154 of the Labour Code applies to a part-time worker. His working time schedule does not justify the annual leave extension. The period of notice begins to run on the day after submitting a notice of termination. In this situation the rule provided in Article 111 of the Civil Code in connection with Article 300 of the Civil Code applies.

INCLUSION OF GEORGIA INTO THE RUSSIAN EMPIRE AND PRESERVATION OF LOCAL LEGISLATION

The topic of Georgia's inclusion in the Russian Empire is especially relevant, since the relationship between two historical neighbors today it is tense and it is necessary to especially carefully study the historical vicissitudes in order to realize the prospect of their future development. The article concerns the civil code of Russia and Georgia, the adaptation of the Georgian code of laws and the Code of King Vakhtang with all-Russian legislation. The authors consider a large period and cover the relationship between Russia and Georgia during the reign of Peter the First, Catherine the Second, Paul the First, Alexander the First and Alexander the Second. The authors analyze the process of systematization of the all-Russian legislation of 1826-1832 and the adoption of the Civil Code, which prompted local and central administrations to unify private and general imperial law. The authors investigate the use of Georgian civil law in private law relations in the Caucasus in the 19th century.

PRODUK-PRODUK PEMBAHARUAN HUKUM KELUARGA ISLAM DI TURKI

This article discusses the products of Islamic family law in Turkey with the main focus of this article review is how the history and development of family law in Turkey and what are the products of family law reform in Turkey using literature studies. This paper finds that the development of family law reform in Turkey starting from al-Majallâh (1876), The Ottoman Law of Family Right (1917), Turkish Civil Code (The Turkish Civil Code of 1926) is a response to the influence and changes in social conditions. , politics, and an unstable economy, especially at that time the Turkish people were still experiencing an identity crisis. Then the product of family law reform in Turkey is divided into two scopes, namely munakahat and Mawaris, where part of the munakahat itself includes, khitbah, minimum age limit for marriage, prohibitions in marriage, polygamy, walimah, marriage annulment, marriage that is not legalized, divorce. , compensation in divorce, while in Mawaris includes, wills and the amount of distribution between men and women are equal. Abstrak Artikel ini membahas tentang produk-produk hukum keluarga Islam di Turki dengan fokus utama kajian artikel ini adalah bagaimana sejarah dan perkembangan hukum keluarga di Turki dan apa saja produk dari pembaharuan hukum keluarga di Turki menggunakan studi kepustakaan. Tulisan ini menemukan bahwa perkembangan pembaharuan hukum keluarga di Turki yang dimulai dari al-Majallâh (1876), The Ottoman Law of Family Right (1917), Peraturan Sipil Turki (The Turkish Civil Code of 1926) merupakan sebuah respon atas pengaruh dan perubahan kondisi sosial, politik, dan ekonomi yang tidak stabil apalagi pada masa tersebut masyarakat Turki masih mengalami kondisi krisis identitas. Kemudian produk dari pembaharuan hukum keluarga di Turki dibagi kedalam dua cakupan yakni munakahat dan mawaris, di mana bagian dari munakahat itu sendiri meliputi, khitbah, batas usia minimal menikah, larangan dalam perkawinan, poligami, walimah, pembatalan perkawinan, perkawinan yang tidak disahkan, perceraian, kompensasi dalam perceraian, Sedangkan dalam mawaris meliputi, wasiat dan jumlah pembagian antara laki-laki dan perempuan yang setara.