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1
Лик y Jan Lic. "The problem of joint co-ownership in a Polish civil law partnership". Administration 2, n.º 3 (17 de septiembre de 2014): 71–75. http://dx.doi.org/10.12737/5640.
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The problem of joint co-ownership in a Polish civil law partnership constitutes one of the most complex and contentious problems in Polish civil law. On one hand, there are many reasons why a civil law partnership should have legal capacity, capacity to be a party in civil cases, bankruptcy capacity and a status of an entrepreneur. On the other hand, the system of joint co-ownership precludes the partnership from being accorded that status. Recognising the legal capacity of a partnership would mean that it is a carrier of rights and obligations. This, however, would be defied by the system of joint co-ownership, since in that case it would be the partners, as coowners, that would be the carriers of rights and obligations. It is not possible that a partnership and its partners are both carriers of the same property rights; particularly, the right to the property of partnership. Even if the legislature de-cided that a civil law partnership is not just a civil law obligation, but also an organisa-tional unit and that the legal capacity should be accorded to it, then the system of joint co-ownership in a civil law partnership would also have to be waived. Numerous provi-sions of public law, including in particular tax law, suggest such a solution. They already treat a civil law partnership as a legal entity. Accordance of” as the act of granting civil law capacity would unify its status in all areas of law. Furthermore, there are cases from foreign law that speak for the above-presented solution. In France and Scotland a civil law partnership has legal personality. In Germany the equivalent partnership was granted legal capacity. In the latter country, this was possible without the need to resign from the system of community of joint co-ownership (Gesamthand). Contrary to the Polish joint co-ownership, the German Gesamthand is not a type of co-ownership, but a type of legal community of personal rather than property nature. In countries in which a civil law partnership has not been granted legal capacity, problems similar to those that occur in Polish law arise. The postulate of granting legal capacity to a civil law partnership is justified. However, it should be limited to partnerships that operate business activity. Ordinary external partnerships do not require legal capacity; therefore they can still retain the system of joint co-ownership.
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Stanik, Mariusz. "ZMIANY SKŁADU OSOBOWEGO SPÓŁKI CYWILNEJ". Zeszyty Prawnicze 9, n.º 2 (25 de junio de 2017): 163. http://dx.doi.org/10.21697/zp.2009.9.2.08.
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Changes in Member’s Structure of Civil Law PartnershipsSummaryThe text concerns analysis of causes of changes in membership of civil law partnerships. In the first place the author briefly analysed the nature of civil law partnerships. Secondly, there is a legal analysis of causes of change in membership: withdrawal from the partnership by member’s notice, withdrawal from the partnership without member’s notice due to justified reasons, withdrawal from the partnership by member’s personal creditor notice, withdrawal from the partnership by member’s death or by recognition of member’s death, accession of the dead member’s heirs, accession of the new member, exclusion of the member and transfer of the membership. Analysis of the issue includes regulation of the Polish Civil Code, opinions expressed in the civil jurisprudence and court judgments.
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Fonni, Fonni. "ANALYSIS OF CIVIL PARTNERSHIP OF NOTARY BASED ON THE LAW OF NOTARY POSITION". Tadulako Master Law Journal 2, n.º 2 (30 de junio de 2018): 21. http://dx.doi.org/10.22487/j25797697.2018.v2.i2.10407.
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This study aimed to find out and comprehend (1) the formation of a civil partnership of notary in the implementation of the notary’s position: (2) the application of the principles of civil partnership stipulation in the Civil Code to civil partnership of notary. This research is a normative research that is a process to find out laws, legal principles, and legal doctrine to answer the legal problem. This study employed a statutory, comparison, and conceptual approaches. The results of this study indicate that: (1) the formation of civil partnership is not in line with the implementation of the notary position because the main purpose of the formation of civil partnership is to seek profit, while the obligation of the notary profession is to give priority to the society and the state. (2) the principles of civil partnership stipulation in the Civil Code differ from the principles of stipulation in the formation of notary civil partnerships, in the case of profit sharing. The form of civil partnership (Code Civil) applies profit sharing whereas in civil partnership of notary there is no profit sharing, but each notary receives honorarium in return for his services without any honorarium sharing. Therefore, a revision of the use of a civil partnership of notary term used in the Law of Notary Position is required
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Moskwa, Leopold. "Commercial law in Poland: Partnerships". Pravovedenie 65, n.º 1 (2021): 76–105. http://dx.doi.org/10.21638/spbu25.2021.105.
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Commercial law has lost its status as a branch of law separate from civil law and currently forms only a specialised part of it. The key criterion for distinguishing commercial law is the entrepreneur in the sense that commercial law is “the private law of entrepreneurs”. Due to their key importance on the market, commercial law companies occupy a special place among entrepreneurs and therefore there are attempts to make these forms of business activity as attractive as possible. The same applies to partnerships. Therefore, the following legislative efforts should be noted. Owing to the introduction of the Commercial Companies Code in 2001, partnerships gained legal capacity, but were not equipped with legal personality, and continued to be considered “imperfect” legal persons. Consequently, although they may acquire rights and incur liabilities, unlike legal persons, they are tax “transparent”, which means that they are not subject to income tax. The adoption of the principle of subsidiary liability of partners for the obligations of a partnership has become an important step and it strengthens the position of partners. This means that the creditor of a partnership may only conduct enforcement from the partners’ assets when the enforcement against the partnership’s assets proves ineffective. As a result, as long as the claims of the partnership’s creditors can be satisfied from the partnership’s assets, the partners are not in danger of being held liable for the partnership’s obligations. The introduction of two new types of partnerships into the Polish legal system, namely the professional partnership and a limited joint-stock partnership is of great importance. The former is intended only for professionals and regulates the liability of a partner for the company’s obligations in a very favourable manner. The partner is liable in a limited manner, i. e., solely for malpractice committed by himself or by persons under his supervision. In turn, a limited joint-stock partnership was introduced to protect entrepreneurs (general partners in spe) who intend to recapitalise on the enterprise which usually has an established position on the market, by issuing shares, without exposing themselves to the danger of the so-called hostile takeover.
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Ní Shúilleabháin, Máire. "PRIVATE INTERNATIONAL LAW IMPLICATIONS OF ‘EQUAL CIVIL PARTNERSHIPS’". International and Comparative Law Quarterly 68, n.º 1 (enero de 2019): 161–73. http://dx.doi.org/10.1017/s0020589318000453.
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AbstractThe Steinfeld and Keidan campaign for ‘equal civil partnerships’ is focussed on English domestic law. However, it also has profound implications from a private international law perspective. If the UK parliament extends civil partnership to include different-sex couples, this will close a long-standing gap in English private international law. If, on the other hand, it was decided to abolish civil partnership, this would extend the existing lacuna in English private international law, and might generate further collisions with human rights norms. This article explores these lacunae and associated human rights concerns—and suggests possible solutions.
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Wojtkowiak, Anna. "Restrictions on the principle of economic freedom on the example of legal regulations regarding the granting of permits to partnerships". Gubernaculum et Administratio 2(24) (2021): 389–402. http://dx.doi.org/10.16926/gea.2021.02.39.
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One of the forms of limiting the principle of economic freedom in the Polish legal system is the prohibition of entrepreneurs from pursuing economic activity in certain areas without a permit. The authorizing authority grants the permit to the entrepreneur who meets the conditions required by law. If a permit is required to conduct business activity by civil partnerships, the permit is issued to individual partners of that partnership, and not to the civil partnership itself, because the legislator does not grant the status of an entrepreneur to civil partnerships. This means that in a situation where we have, for example, five partners in a civil partnership, each of them must apply for a permit and bear the costs of its issuance, which in fact will be additional costs incurred for running a business in this organizational and legal form. Therefore, it can be assumed that the legislator treats civil partnerships worse than partnerships under commercial law, for which it is enough to run a business if they have one permit issued for a company.
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DİNÇ, Muhsin İshak. "THE DOCTRINE OF DEFECTIVE PARTNERSHIPS PURSUANT TO CIVIL LAW PARTNERSHIP". Tekirdağ Namık Kemal Üniversitesi Hukuk Fakültesi Dergisi 4, n.º 1 (1 de julio de 2023): 47–67. http://dx.doi.org/10.51562/nkuhukuk.2023413.
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Türk Borçlar Kanunu’na göre adi ortaklık, iki ya da daha fazla kişinin emeklerini ve mallarını ortak bir amaca erişmek üzere birleştirmeyi üstlendikleri bir sözleşmesel ilişkidir. Kanun koyucu tarafından TBK md. 620 vd. maddelerinde temel ortaklık tipi olarak düzenlenen adi ortaklığın kurulması istisnai haller haricinde herhangi bir şekil şartına tabi değildir. Ancak ortaklar arasında kurulan sözleşmenin emredici hükümlere veya istisnai şekil şartlarına aykırılığı nedeniyle geçersiz hale gelmesi bazı sorunları da beraberinde getirecektir. Eğer sözleşme hükümsüz ise, hükümsüzlüğün hukuki sonucunun ortaklık bakımından geçerli olup olmadığı sorunu ortaya çıkar. Kanun tarafından hükümsüzlüğe ilişkin getirilen düzenlemeler ise esas olarak şirketler hukukunun gereksinimlerini karşılamamaktadır. Çalışmamızda, adi ortaklık ilişkileri ile sınırlı kalmak üzere, eksik (sakat) ortaklık doktrininin tarihçesi ile Alman hukukunun konuya bakış açısı kapsamlı ve karşılaştırmalı olarak ele alınacaktır.
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Haileyesus, Israel Woldekidan. "Regulation of Ordinary Partnership under Ethiopian Law: A Comparative Analysis of Selected Legal Issues with the French Civil Partnership and the Thai Ordinary Partnership Regimes". Comparative Law Review 27 (22 de diciembre de 2021): 219–33. http://dx.doi.org/10.12775/clr.2021.008.
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Civil/ordinary partnerships as non-commercial entities play a vital role as an alternative form of doing business in various jurisdictions. Though the issue of where they should be regulated is becoming nonsensical in recent times, it is wise to have a well-structured legal framework which regulates these entities. This article aims to conduct a comparative analysis of the regulation of Ethiopia’s ordinary partnership with the French civil code partnership and the Thai ordinary partnership only on issues of formation, transfer of share, management, liability of partners, dissolution of partnership, distribution of profit and loss, and expulsion of a partner. The comparative analysis shows that in many areas of regulation, the Ethiopian law has more commonalities with that of Thai ordinary partnership and French civil code partnership legal regimes. This article also finds that the Ethiopian law of ordinary partnership ought to be improved as regards the issues of the transfer of shares related to ascendants and descendants, on the distribution of profits and losses, on the role of partners in a dissolution of the partnership, and on the expulsion of a partner.
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Majewski, Kamil. "COMMENTARY TO THE JUDGMENT OF THE NACZELNY SĄD ADMINISTRACYJNY OF 4 JUNE, 2013, REF. NUMBER ACT: II FSK 1534/12". Roczniki Administracji i Prawa 2, n.º XXI (30 de junio de 2021): 275–82. http://dx.doi.org/10.5604/01.3001.0015.5616.
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The glossed judgment of the Supreme Administrative Court mainly concerns tax issues related to a civil-law partnership, including in particular the regulations of the Act of August 29, 1997 Tax Ordinance and the Act of July 26, 1991 on personal income tax. However, the NSA in the voted judgment also raised the issue of the principles of maintaining bank accounts for civil-law partnerships that are present in trade. This gloss does not cover tax aspects, but only the issues of a civil-law partnership as a bank client and the aforementioned rules for maintaining bank accounts in such cases. The author shares the view of the Supreme Administrative Court, according to which The bank cannot keep a settlement account for a civil partnership. However, such an account may be kept for the partners of this company (as a joint account - Art. 51 of the Banking Law) and presents arguments supporting this view
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Małozięć, Cezary August. "Legal comparative analysis of the Roman societas and the contemporary civil law partnership in Polish and German law". ASEJ Scientific Journal of Bielsko-Biala School of Finance and Law 22, n.º 2 (3 de julio de 2018): 29–34. http://dx.doi.org/10.5604/01.3001.0012.4274.
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The paper presents legal comparative analysis of the Roman societas and the contemporary civil law partnership in Polish and German law. The author analyses the origins and essence of a civil law partnership, then describes similarities and differences of internal and external relations between the partners of a civil law partnership. The analyzed sources are: the Institutes of Gaius, the Digest of Justinian, and Polish and German Civil Codes. The author stresses that the structure of the contemporary civil law partnership in Polish and German legal systems is still very similar to the Roman societas, mainly because of its common origin.
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S.O., Nischymna, Zlyvko S.V/ y Sykal M.M. "Consumer partnerships as organizational and legal form of a juridical entityэ". Scientific Herald of Sivershchyna. Series: Law 2020, n.º 2 (18 de diciembre de 2020): 28–39. http://dx.doi.org/10.32755/sjlaw.2020.02.028.
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The status of a consumer partnership as one of organizational and legal forms of juridical entities, that is also one of organizational and legal forms of citizens’ more active participation in state-management and their personal needs satisfaction is determined in the article. The norms of the Civil Code and the State Code of Ukraine, the Law of Ukraine “On Cooperation” and the “On Consumer Cooperation” are analyzed. According to the mentioned documents an independent, democratic citizens’ organization who unite in order to conduct common management for the sake of improving their economic and social status on the basis of voluntary partnership and mutual support are considered to be a consumer partnership. The above mentioned regulatory legal acts provide for different features of consumer partnerships. The features of consumer partnerships provided by current legislation are not civil and legal in their nature. Such a situation has become a legacy of the fact that the principles of legal regulation of the system of consumer partnerships, formed in the USSR, has not almost been changed yet. The very fact is that there is a need to develop a new legal model of consumer partnerships, which structure will take into account modern tendencies of the development of European legislation. It’s possible to formulate a list of civil and legal features of consumer cooperative partnerships that will distinguish them among any other partnerships. Namely they are: non-entrepreneurial legal status of consumer partnership; sufficiency of the main rights of the members of a partnership; subjects of property right of the members of a partnership; responsibility of the members of a partnership for obligations of a consumer partnership. All these features allow us to distinguish consumer partnerships as a separate organizational and legal form of non-entrepreneurial partnerships. The following definition of a consumer cooperative partnership can be proposed: it is a non-entrepreneurial cooperative partnership which members have a right for a concern. The size of this concern is determined as a set of unit and additional contributions. The members are liable within the value of the unit and are entitled to profit within the limits determined by law. Key words: cooperative, consumer partnership, features of consumer partnerships.
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Scherpe, Jens M. "Quo Vadis, Civil Partnership?" Victoria University of Wellington Law Review 46, n.º 3 (1 de octubre de 2015): 755. http://dx.doi.org/10.26686/vuwlr.v46i3.4904.
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This article discusses and compares the different concepts of civil partnership around the globe: either as functional equivalent to marriage for same-sex couples only or as an alternative to marriage for all couples. It analyses its declining role in the wake of widespread marriage equality reforms and then discusses, in particular, the current position of England and Wales, and Scotland, where ill-conceived law reform has led to a situation in which same-sex couples are privileged and opposite-sex couples are discriminated against.
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Scott-Joynt, Michael. "The Civil Partnership Act 2004: Dishonest Law?" Ecclesiastical Law Journal 9, n.º 1 (enero de 2007): 92–94. http://dx.doi.org/10.1017/s0956618x07000087.
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Annisa, Yusifa Nur, Reka Dewantara y Arini Jauharoh. "Analysis of the Legal Status of Joint Office in Notary Civil Partnership: Perspective of Article 20 of UUJN-P". International Journal of Business, Law, and Education 5, n.º 1 (31 de marzo de 2024): 1162–70. http://dx.doi.org/10.56442/ijble.v5i1.529.
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This article focuses on the Analysis of the Legal Status of Joint Offices in Notary Civil Partnerships: Perspective of Article 20 of the Law Concerning Notary Positions (from now on UUJN-P), which focuses on the legal status of joint offices by notary civil partnerships. The research in this article uses normative juridical research. Aims to describe and analyze the legal status of establishing a joint office by a civil partnership of notaries. Notaries can enter into civil partnerships to form a joint office as regulated in Article 20 of Law Number 02 of 2014 concerning Amendments to Law Number 30 concerning Notary Positions. Establishing a joint office can be convenient for notaries when opening a notary office, which requires expensive costs. However, there is legal ambiguity regarding the regulation of the legal status of the establishment of a joint office by a notary civil association, where there is a synonym for terms in article 20 UUJN, which equates notary civil partnerships with notary joint offices and civil partnerships in the Civil Code.
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Sanders, Anne E. H. "When, if not Now? An Update on Civil Partnership in Germany". German Law Journal 17, n.º 3 (1 de junio de 2016): 487–508. http://dx.doi.org/10.1017/s2071832200019842.
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Following the article “Marriage, Same-Sex Partnership, and the German Constitution,” which was published in theGerman Law Journalin 2012 (seeAnne Sanders,Marriage, Same Sex Partnership and the Constitution, 13 German L.J. 911 [2012]), this article provides an update on recent developments in relation to same sex partnerships in Germany. The focus of this Article is case law of the German Constitutional Court from 2002 through today, but it also discusses other court decisions in relation to the rights of same sex parents. The Article concludes with an examination of a recent draft law which—if successful—will open marriage to same sex couples. While its chances for success are extremely slim, this Article argues that same sex marriage will eventually be introduced in Germany.
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Humphreys, Jacqueline. "The Civil Partnership Act 2004, Same-Sex Marriage and the Church of England". Ecclesiastical Law Journal 8, n.º 38 (enero de 2006): 289–306. http://dx.doi.org/10.1017/s0956618x0000644x.
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The Civil Partnership Act 2004 enables same-sex couples to enter into a status that provides very many of the same rights and responsibilities that married couples have in respect to each other and the wider community. This paper first considers the extent of the legal similarities between civil partnerships and marriage; that is to what extent civil partnerships are 'same-sex marriage' in practical effect. Secondly it considers to what extent the conceptual understanding of civil partnerships within the Act reflects the current conception of marriage within English law; that is the extent to which civil partnerships are 'same-sex marriage' in theory. Thirdly, and finally, some of the specific dilemmas for the Church of England in the light of this are considered.
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Truchan-Matłok, Magdalena. "MARITAL INTERDEPENDENCE IN A BUSINESS CONDUCTED AS PART OF A CIVIL LAW PARTNERSHIP AND A COMMERCIAL PARTNERSHIP". Roczniki Administracji i Prawa 1, n.º XIX (30 de junio de 2019): 383–99. http://dx.doi.org/10.5604/01.3001.0013.3611.
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The author discusses the concept of marital interdependencies while running a business in the form a civil law partnership and a commercial partnership. Firstly, a brief outline of the issues in question is provided. The second chapter presents the characteristics of joint ownership. The third chapter discusses the spouse as an entrepreneur in a civil law partnership. The fourth chapter is the continuation of the previous chapter, extended to include the concept of a civil law partnership entered into by one of the spouses prior to the establishment of statutory community property regime and following the establishment of statutory community property regime. The fifth and sixth chapters are preoccupied with the spouse’s position in a commercial partnership and partnership rights appurtenant to marital properties. The article’s summary refers to the differences arising in the spouse’s joint ownership in a civil law partnership and a commercial partnership. Several conclusions have been drawn in the summary.
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Chan, Winnie. "Cohabitation, civil partnership, marriage and the equal sharing principle". Legal Studies 33, n.º 1 (marzo de 2013): 46–65. http://dx.doi.org/10.1111/j.1748-121x.2012.00246.x.
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This paper explores certain questions regarding whether the law concerning relief upon the dissolution of civil partnership and cohabitation should parallel that of marriage. It will be contended that while the principle of compensation does have an important role to play in the aftermath of de facto relationships, there remain reasons not to assimilate cohabitation fully with marriage – and in particular, not to apply the key principle of equal sharing that now informs divorce settlements in many jurisdictions, including England. On the other hand, an argument against assimilating marriage with civil partnership can be grounded in the fact that a civil partnership involves two parties of the same gender. This point generates room to argue that a presumption of equal sharing – to the extent that it rests upon compensatory rationales – may be less powerful in civil partnerships. Nonetheless, that claim can be circumnavigated by the argument for equal sharing as an independent principle – one applicable to civil partnership just as much as to marriage.
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Kim, Minju. "The system of co-ownership in Japan". Vestnik of Saint Petersburg University. Law 12, n.º 2 (2021): 374–83. http://dx.doi.org/10.21638/spbu14.2021.208.
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The system of co-ownership in civil law affects various legal relationships, such as property partnerships and co-heirs. This article introduces the general rules of the co-ownership system in the Japanese Civil Code and explains how they are applied in harmony with the regulations concerning property partnerships and co-heirs. In particular, it deals with changes to regulations concerning partnership property and co-inherited property via a recent amendment of the law of obligations and law of inheritance. There is a debate about whether partnership property is shared jointly or collectively by the partners. This article, according to the basic numerus clausus principle in the Pandekten system, suggests that collective ownership should be stipulated in part on real rights and the premise that the provisions of partnership property under the Japanese Civil Code refer to regulations reflecting the collective binding of the German Civil Code. Despite the premise that co-inherited property is shared jointly by each co-heir, some conflicts have arisen regarding the disposition of shares of co-owned things and requests for refunds of deposits by partial heirs before a formal division of inheritance. The revised civil code established new provisions to resolve these issues. However, defining “joint ownership” in terms of statutory shares is taken as a basic rule while the specific portion of co-heirs has not been determined, as noted in the article, and it results in an unfair distribution of inherited property.
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Chen, Roderick T. y Alexandra K. Glazier. "Can Same-Sex Partners Consent to Organ Donation?" American Journal of Law & Medicine 29, n.º 1 (2003): 31–44. http://dx.doi.org/10.1017/s009885880000232x.
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As more same-sex couples enter into civil unions and domestic partnerships, the courts and other institutions are beginning to consider the implications of these partnerships in several areas of the law. A Georgia appeals court, for example, recently published the first opinion addressing this issue, ruling that a civil union of two women, obtained in Vermont, was not equivalent to a marriage for the purposes of interpreting a child custody agreement entered into in Georgia. As many observers predicted, the enactment of legislation recognizing same-sex partnerships has profound implications on the practice of family law, trust and estate law and healthcare law.This Article focuses on an area of healthcare law in which the legal status of a civil union or domestic partnership could have significant consequences—organ donations. In particular, it explores whether a civil union or domestic partner is an appropriate party to consent to an organ donation.
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Kita-Wałęka, Katarzyna. "The Status of Former Partners of a Civil Partnership and a Dissolved Civil Partnership Company as Business Entities and Their Legitimacy under Public Economic Law – Selected Examples". Annales Universitatis Mariae Curie-Skłodowska, sectio G (Ius) 70, n.º 2 (10 de enero de 2024): 81–98. http://dx.doi.org/10.17951/g.2023.70.2.81-98.
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A civil partnership company and partners of a civil partnership, as well as former partners of a civil partnership after its dissolution, may have different legal statuse in various areas of law. The law should protect the interests of persons and entities that will be affected by the outcome of the case. Under civil law, the rights of former partners of a civil partnership company can be considered as protected, but the situation is different on a ground of public economic law, using the example of tax law. Some provisions have been introduced in legal act guaranteeing former partners the right to participate in the proceedings as a party in the event that they are entitled to refunds or overpayments of VAT tax from the State Treasury. In other areas, despite the content of Article 133 in conjunction with Article 115 of the Tax Ordinance Act, as well as the content of Article 25 in conjunction with Article 26 in conjunction with Article 33 of the Law on Proceedings before Administrative Courts, the jurisprudence does not grant former partners of a civil partnership company the status of a participant with the rights of a party in the proceedings, nor does it recognize their legal interest. For example, they do not have the right to question the decision on the assessment of VAT tax on the substantive level. This means that they cannot control the tax assessment decision, even though they are liable under Article 115 of the Tax Ordinance for tax liabilities of a civil partnership company. Moreover, the provisions of tax law do not expressly provide for the legal succession of former partners in the event of dissolution of a civil partnership. Such a situation is unacceptable if it prevents and closes the appeal route and the court route to a fair and public consideration of the case for former partners of a civil company, guaranteed by the provisions of the Polish Constitution.
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Stojanović, Nataša. "Reform of inheritance law in the Swiss confederation (reform phase I)". Zbornik radova Pravnog fakulteta Nis 62, n.º 99 (2023): 15–31. http://dx.doi.org/10.5937/zrpfn0-46630.
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In this paper, the author sheds light on the 2020 reform of the Swiss inheritance law, which was instituted by amending the succession law provisions of the Civil Code of the Swis Confederation (2020). The new provisions have been in force since January 2023. The research on this subject matter is aimed at determining the scope and the quality of the revised Swiss legislation on intestate succession. To this effect, the author focuses on a number of new provisions related to statutory heirs: reduction of the children's protected share (forced heir ship portion of the decedent's descendants); abolition of the parents' protected share (forced portion of the decedent's parents); loss of the forced portion for the surviving spouse or same-sex partner in a registered civil partnership in case the divorce proceeding or the proceeding for dissolving a registered civil partnership has been initiated but a spouse or a registered civil partner dies before the proceeding is terminated; a qualitatively different concept of contractual freedom embodied in inheritance contracts; the impact of the "three-pillar system" of the Swiss pension and disability insurance on the exercise and protection of the right to forced portion; changes and nomotechnical improvements of provisions concerning the order of gratuitous donations from which the forced heirs' portion is settled. For the purposes of this paper, the author applied the dogmatic legal science research method, the normative legal research method, and the legal history research method. In the author's opinion, the new provisions on intestate succession are largely aimed at ensuring a greater freedom of testamentary disposition of gratuitous donations, both inter vivos and mortis causa. However, the new legal solutions seem to be insufficiently aligned with the social circumstances in contemporary Switzerland because the right to statutory inheritance is not recognised to an extramarital partner, whereas it is granted to a spouse or a same-sex partner from a registered civil partnership, even though extramarital partnerships are equally present in real life as marriage and registered same-sex partnerships.
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Beresford, Sarah y Caroline Falkus. "Abolishing Marriage: Can Civil Partnership Cover it?" Liverpool Law Review 30, n.º 1 (abril de 2009): 1–12. http://dx.doi.org/10.1007/s10991-009-9053-1.
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Majewski, Kamil. "Civil-Law Partnership in the System of Counteracting Money Laundering and Terrorism Financing (AML/CFT)". Bratislava Law Review 4, n.º 1 (31 de agosto de 2020): 167–76. http://dx.doi.org/10.46282/blr.2020.4.1.174.
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This article addresses the problems of legal status of the so-called civil-law partnership, as specified in Art. 860 § 1 of the Polish Civil Code, from the point of view of performing the obligations in the area of counteracting money laundering and terrorism financing. First, the author provides a detailed characterization of this civil law institution and resolves that the civil-law partnership does not have legal subjectivity separate from its partners, and then points to the consequences of the above facts in the area of counteracting money laundering and terrorism financing. In conclusion, the author formulates a general conclusion that the obligations in respect of counteracting money laundering and terrorism financing, including financial safeguards, should be applied to the civil-law partnership partners, as customers in the understanding of Art. 2(2) item 10 of the Polish AML Act.
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Chon, Huy Jae. "A Review on the Inevitable Reasons under article 720 of the Civil Act: Regarding the Claim for the Dissolution in a Two-Person Partnership". Institute for Legal Studies Chonnam National University 43, n.º 3 (31 de agosto de 2023): 31–56. http://dx.doi.org/10.38133/cnulawreview.2023.43.3.31.
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Compared to foreign legislative precedents, Korean civil act takes a legislative attitude that prioritizes a general partnership's corporate identity over the autonomy of a partnership. And the Supreme Court of Korea’s judgments are in a position to emphasize the necessity of the collective nature or existence of a partnership. Under these legal regulations, even if a two-person partnership reaches a situation in which trust is significantly impaired, if the problem can be solved by the withdrawal of a single partner, the court allows the remaining partner to continue the business. It would be reasonable to interpret the dissolution claim by limiting the 'inevitable reasons' as much as possible.
In addition, even if the relationship of trust between partners is damaged to some extent, when considering all circumstances related to the cooperative business, it could not be significantly difficult to achieve the partnership’s business. In such a situation, it is more in line with the attitude of our civil law rules to judge whether or not it falls under 'inevitable reasons' by prioritizing the continuation of business in view of the public interest.
On the other hand, if it is difficult to achieve the purpose of the partnership business or if the relationship of trust between partners is destroyed to the extent that it is difficult to recover, a partner at fault may also seek the dissolution of a partnership. However, in judging inevitable reasons under §720 of the Civil Act, if dissolution of a partnership through a reasonable balance of interests is against the rule of good faith, it would be appropriate not to allow dissolution.
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Goreva, A. A. y D. A. Zhestovskaia. "Reform of Civil Partnership Law in Germany: Translation of Section 16 ‘Partnership’ of the German Civil Code". Herald of Economic Justice 17, n.º 6 (2022): 122–53. http://dx.doi.org/10.37239/2500-2643-2022-17-6-122-153.
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Smith, Bradley Shaun y JA Robbie Robinson. "An Embarrassment of Riches or a Profusion of Confusion An Evaluation of the Continued Existence of the Civil Union Act of 2006 in the Light of Prospective Domestic Partnerships Legislation in South Africa". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 13, n.º 2 (15 de junio de 2017): 29. http://dx.doi.org/10.17159/1727-3781/2010/v13i2a2640.
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As it stands, South African family law currently holds that the Marriage Act 25 of 1961 applies exclusively to the solemnisation of heterosexual civil marriages while same-sex couples have no choice but to formalise their relationships in terms of the Civil Union Act 17 of 2006. In addition, the legal position is complicated by the fact that the latter Act not only allows both heterosexual and homosexual couples to conclude a civil union, but also provides that a civil union may take the form of either a marriage or a civil partnership, both of which enjoy the same legal recognition as, and give rise to the same legal consequences, as a civil marriage under the Marriage Act. In January 2008, a draft Domestic Partnerships Bill saw the light of day, the potential enactment of which casts significant doubt as to whether the prevailing framework should be retained. With this potential development in mind, this paper considers the desirability of maintaining the "separate but equal" status quo by: (a) comparing the South African Law Reform Commission's pre-Civil Union Act proposals with the approach eventually adopted by the legislature; (b) comparing and contrasting the post-Civil Union Act position in South Africa with that of an established and well-ordered jurisdiction such as the Netherlands and, in the light hereof, considering the cases for and against repealing the Civil Union Act; and (c) by considering the desirability and practicality of the civil partnership's potential co-existence with the Domestic Partnerships Bill (as modified in accordance with a recent study). A proposal is made that could provide a less complex and better streamlined family law dispensation in South Africa.
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Zakrzewski, Piotr. "Entrance of Heirs of the Deceased Partner into a Civil-Law Partnership". Teka Komisji Prawniczej PAN Oddział w Lublinie 10 (31 de diciembre de 2017): 299–310. http://dx.doi.org/10.32084/tkp.6190.
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The first sentence of Article 872 of the Polish Civil Code concerns entrance of the deceased partner's heirs into a civil-law partnership. It has numerous interpretative doubts which concerns the nature of joining a civil-law partnership by the deceased partner's heir. There are two competitive proposals devising in German law which can be potentially applied under Polish law on account of their similarity between Polish and German regulations. According to the first one, entrance of the deceased partner's heir into a partnership takes place on the basis of an agreement between those who live, that is contractual stipulation to a third party. According to the second one, the basis of joining a partnership by the deceased partner's heir is company's share inheritance. In the article advantages and disadvantages of both concepts have been assessed, as well as a new proposal in that regard has been formulated.
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Kilinkarov, Vladimir Vital'evich y Bulat Askarovich Ponomarev. "The civil Nature of public-private Partnership Agreements". Юридические исследования, n.º 2 (febrero de 2023): 44–54. http://dx.doi.org/10.25136/2409-7136.2023.2.38640.
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The subject of the research is the legislation and law enforcement practice regarding the legal nature of the public-private partnership agreement and the concession agreement. The authors intend to prove the civil law nature of these agreements; therefore, they review dominant theories on the relevant issue in the doctrine of legal science. The first group of scientists refers these agreements to private-public contracts, the second - to administrative, the third - to private law. The analysis of the legislation confirms the validity of the third group’s point of view. The paper also examines the practice of judicial and administrative authorities, which testifies to the dispositive nature of legal relations arising between private and public partners.
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Fonni, Fonni, Winner Sitorus y Hasbir Paserangi. "PERSEKUTUAN PERDATA NOTARIS BERDASARKAN UNDANG-UNDANG JABATAN NOTARIS". Riau Law Journal 2, n.º 1 (30 de mayo de 2018): 38. http://dx.doi.org/10.30652/rlj.v2i1.4650.
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The Law of Notary Position provides an opportunity for notaries to establish a Civil Partnership of notaries in the performance of their position. This is contrary to the notary profession, since the purpose of the formation of Civil Partnership is to seek the benefit to be distributed to allies as stipulated in the Civil Code. This study aimed to find out and comprehend (1) the formation of a civil partnership of notary in the implementation of the notary’s position: (2) the application of the principles of civil partnership stipulation in the Civil Code to civil partnership of notary. This research is a normative research that is a process to find out laws, legal principles, and legal doctrine to answer the legal problem. This study employed a statutory, comparison, and conceptual approaches.Keywords : Civil Partnership, Notary, Joint Office, Maatschap
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Bukowiecka, Aleksandra y Aleksandra Faron. "Ochrona oznaczenia przedsiębiorców działających w formie spółki cywilnej". Rocznik Administracji Publicznej 9 (29 de septiembre de 2023): 135–52. http://dx.doi.org/10.4467/24497800rap.23.008.18304.
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This article considers the impact of the designation of entrepreneurs doing business in the form of a civil partnership on the possibility of claiming protection of the name of the partnership under the Civil Code. This problem seems worth exploring as the issue of the protection offered by the designation of a civil partnership is so far unresolved on legislative and jurisprudential grounds. The authors use the dogmatic method, analysing judgments, articles, monographs and commentaries related to this issue. The first section is devoted to characterizing the concepts of name and company in the context of their divergence and possible correlation. The second describes how the protection of the name of a civil partnership was asserted before the 2003 amendment to the Civil Code. The third contains the views of doctrine and case law in relation to the construction of business designations, in light of the current state of the law. The final section compares the Polish legal system with the German system in terms of civil partnership identification.
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Bell, Mark. "Employment Law Consequences of the Civil Partnership Act 2004". Industrial Law Journal 35, n.º 2 (1 de junio de 2006): 179–85. http://dx.doi.org/10.1093/indlaw/dwl013.
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Metaj-Stojanova, Albana. "French Civil Partnership Contract (PACS)". SEEU Review 14, n.º 1 (1 de julio de 2019): 134–59. http://dx.doi.org/10.2478/seeur-2019-0008.
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Abstract A civil partnership is a legally recognized relationship between two people of the same sex or the opposite sex that offers many of the same benefits as a conventional marriage. Before addressing the specificities of the French civil partnership contract, designated as a civil covenant of solidarity (pacte civil de solidarité), commonly known as PACS, it is necessary to define and explain the origin of this type of contract. The conclusion of a PACS, despite the fact that it is less formal than marriage, implies the respect of certain conditions of substance and form during its formation and its modification. Recently, PACS has undergone changes on this point, through a simplification of the rules of form with the establishment of its statement and registration by the registrar, removing the court clerk’s intervention. Once the PACS is concluded, with the main purpose of organizing the couple’s common life, this contract produces personal, pecuniary and patrimonial effects between the partners. As the PACS is legally only a contract, it can be dissolved by the appearance of four events. When PACS is dissolved, consequences result for the situation of the partners because they must proceed to the liquidation of the property they own and also repay the debts incurred during the period of their living together. If the dissolution of PACS is caused by the death of one of the partners, then particular consequences will affect the situation of the surviving partner. In fact, couples who entered into a PACS are not considered heirs in the eyes of the law. However, there are alternatives preventing the application of this principle, but they must be realized during the lifetime of the partners.
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Tărchilă, Petru. "THE INSTITUTION OF THE CIVIL PARTNERSHIP". Agora International Journal of Juridical Sciences 11, n.º 1 (24 de septiembre de 2017): 27–32. http://dx.doi.org/10.15837/aijjs.v11i1.3016.
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Currently, within the territory of 21-member states of the European Union, live couples in civil partnership, couples which form families outside the judicial institution of marriage. In Romania as well, around 4% of couples live in a type of civil partnership popularly named “concubinage” and, from their perspective, they form a family, they have children who are recognized by both parents and the patrimonial goods earned throughout their cohabitation represent common property, in a condominium. Although the initiative of the “civil partnership” has been repeatedly proposed, the Romanian Parliament rejected the idea of its judicial regulation, and recently, perhaps due to the legislative harmonization of this aspect with EU law, the Romanian Senate will debate a project of normative act in this domain. The legislative initiative would approve the unit of will of two people who willingly decide to cohabitate, regardless of whether the couples are made up of heterosexual couples or couples made up of people of the same sex.
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Lord Falconer of Thoroton. "Church, State and Civil Partners". Ecclesiastical Law Journal 9, n.º 1 (enero de 2007): 5–9. http://dx.doi.org/10.1017/s0956618x07000026.
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The Civil Partnership Act 2004 is a groundbreaking piece of legislation, giving legal recognition to same-sex relationships and providing equality of treatment in regard to inheritance and other financial matters with that enjoyed by married couples. The legislation was opposed by certain religious communities for a variety of reasons. This article is the text of an address delivered by Lord Falconer of Thoroton to the annual conference of the Ecclesiastical Law Society on 1 April 2006. It provides a personal reflection on the nature of the legislation and the necessity for its enactment, and seeks to demonstrate that the concept of civil partnership does not undermine the nature of marriage. It also discusses the Act in the context of law and social attitudes with particular reference to the Hart/Devlin debate of the 1950s and 1960s.
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Możdżeń-Marcinkowski, Michał y Robert Rykowski. "Jeszcze w sprawie wielostronności, kauzalności i braku wzajemności umowy spółki cywilnej". Studia Iuridica 72 (17 de abril de 2018): 221–43. http://dx.doi.org/10.5604/01.3001.0011.7600.
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By this article authors have opportunity to take part in the discussion on multilateralism, causality and non-reciprocity of civil partnership agreements in Polish legal regulation. The article provides an in-depth, normative analysis of the legal nature of a so called “civil law company” in the context of its complex, practical and theoretical organizational nature. Authors took up the civil law firm as a legal entity. As a result of the changed legal and economic context in Poland after the period of political transformation, it became necessary to redefine many issues. An example of this is the discussion on the legal status of a civil partnership as well as the controversy about its qualification as an entrepreneur or as an organization. The intention of the authors is to try to draw attention to the fact that, with such diversity of potential application of a civil law partnership in business, the maintenance of one broad regulation, which is currently included in Art. 860–875 of Polish Civil Code is non-functional.
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Φουντεδάκη (Katerina Fountedaki), Κατερίνα. "Νέες προκλήσεις για το δίκαιο της ιατρικά υποβοηθούμενης αναπαραγωγής: Το νέο σύμφωνο συμβίωσης και η σχεδιαζόμενη ρύθμιση για την αναγνώριση ταυτότητας φύλου". Bioethica 3, n.º 2 (22 de noviembre de 2017): 9. http://dx.doi.org/10.12681/bioeth.19720.
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This paper focuses on the new civil partnership starting with the decision of 11.7.2013 ECHR condemning Greece because of the exclusion of same-sex couples from civil partnership. On the occasion of this condemnation a total abolition of civil partnership would be a temporary and regressive solution.By n. 4356 / 2015 the institution of civil partnership was reformed and the couple is considered as married regarding their interpersonal relations and in the remaining relationships the focus is on private autonomy. The legislative assimilation of the comrades who have signed a civil partnership with a married couple cannot work in the field of affinity with children. The regulatory model of different sex parents and the law of medically assisted reproduction are still dominant. This act of the legislature does not constitute a legal limbo but a conscious choice, which according to the writer does not infringe the principle of equality and Article 4 of the ECHR.Finally, it is important to say that a current study made by the lawmaking Committee of the Ministry of Justice for sex identification could modify a lot of things in the field of family law.
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Cranmer, Frank. "February–May 2019". Ecclesiastical Law Journal 21, n.º 3 (septiembre de 2019): 359–63. http://dx.doi.org/10.1017/s0956618x19000656.
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The Civil Partnerships, Marriages and Deaths (Registration Etc.) Bill, originally introduced by Tim Loughton MP as a private Member's bill in the Commons, received Royal Assent on 26 March and came into force two months after it was passed. Section 1 empowers the Secretary of State to amend by regulations the Marriage Act 1949 to provide for a central register of marriages in England and Wales ‘which is accessible in electronic form’. Section 2 requires the Secretary of State to amend the Civil Partnership Act 2004 so that opposite-sex couples become eligible to form a civil partnership in England and Wales – and the amending regulations must be in force no later than 31 December 2019. Section 3 requires the Secretary of State to report on whether the law should be changed to allow the registration of pregnancy losses which cannot be registered as stillbirths under the Births and Deaths Registration Act 1953 and section 4 requires the Secretary of State to make arrangements for the preparation of a report on whether, and if so how, the law should be changed to enable or require coroners to investigate stillbirths.
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Hayward, Andy. "JUSTIFIABLE DISCRIMINATION: THE CASE OF OPPOSITE-SEX CIVIL PARTNERSHIPS". Cambridge Law Journal 76, n.º 2 (julio de 2017): 243–46. http://dx.doi.org/10.1017/s0008197317000502.
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OPPOSITE-SEX couples are prohibited from forming a civil partnership. Following the introduction of same-sex marriage, the Civil Partnership Act 2004 was not extended to opposite-sex couples, resulting in the unusual position that English law permits same-sex couples access to two relationship forms (marriage and civil partnership) yet limits opposite-sex couples to one (marriage). This discrimination was recently challenged in the courts by an opposite-sex couple, Rebecca Steinfeld and Charles Keidan, who wish to enter a civil partnership owing to their deeply-rooted ideological opposition to marriage. Rejecting marriage as a patriarchal institution and believing that a civil partnership would offer a more egalitarian public expression of their relationship, the couple argued that the current ban constitutes a breach of Article 14 read in conjunction with Article 8 of the European Convention on Human Rights.
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Sudarsa, Dentria Cahya y I. Wayan Parsa. "Kepastian Hukum Pendaftaran Persekutuan Komanditer Pada Sistem Administrasi Badan Usaha". Acta Comitas 5, n.º 3 (14 de diciembre de 2020): 536. http://dx.doi.org/10.24843/ac.2020.v05.i03.p09.
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The writing of this article is based on the issuance of new regulations regarding the establishment and registration of limited partnership / CV in the business administration system (SABU) in accordance with the provisions of Article 5 paragraph (1) Regulation of the Minister of Law and Human Rights Number 17 of 2018 concerning Registration of Limited Partnerships, Firms, and the Civil Union which previously was only regulated in the Trade Law Book. Type of research used in this article is normative legal research. The purpose of this article is to determine the mechanism and legal certainty in the registration of the Limited Partnership after the enactment of business administration system. The results of the research and writing of this article are that there is an overlap in the registration mechanism for the Limited Partnership based on these two rules, it can be concluded that due to the provisions in KUHD and Minister Regulation No. 17 of 2018 both are still valid, the principle of legal preference can be used, namely lex specialis derogat legi lex generalis, means that a more specific law can override a more general law. The advice that can be given is to conduct a study of the enactment of the Minister Regulation whether to follow or not the provisions in the Trade Law Books due to avoid conflicting norms in the registration of a limited partnership.
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Christie Da Costa, Debora Natalia y Steviedacosta &partners. "Kepastian Hukum Mekanisme Kerja Persekutuan Perdata Notaris Berkaitan Dengan pembuatan Akta". Acta Comitas 3, n.º 2 (1 de octubre de 2018): 301. http://dx.doi.org/10.24843/ac.2018.v03.i02.p07.
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The Civil Partnership in UUJNP indicates that Notaries can form a forum for cooperation. As time goes by the Notary work system that runs the Notary civil partnership is still questionable its validity, due to the arrangement of the civil partnership as regulated in the provisions of Article 16 paragraph (1) letter (f) and Article 20 paragraph (1), Article 40 UUJNP and 1618 KUH Perdata, not yet completely perfect and there are still deficiencies in implementation. The formulation of the problem, What is the mechanism of work of the Notary who runs the Notary Civil Partnership related to the confidentiality of making the deed according to Article 16 paragraph (1) letter (f) and Article 20 paragraph (1) UUJNP? and Is a legitimate Instrumenter witness who previously testified in the making of a deed by a colleague of the Notary Civil Partnership then reused by another Notary Civil Partnership partner reviewed under Article 40 of the UUJNP ?. This research is Normative Legal Research. The results of the study conclude that the mechanism of the Notary's work that reflects the character of the Notary Profession related to the confidentiality of making a deed in carrying out the Notary Civil Partnership according to Article 16 paragraph (1) letter (f) and Article 20 paragraph (1) UUJNP there is still a vague legal norm and the validity of previous Instrumenter witnesses has testified in the making of a deed by a colleague of the Notary Civil Partnership and then reused by other Notary Civil Partnership partners reviewed according to Article 40 of the National Law on Legal Entity, there is still ambiguity or obscurity of legal norms.
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Palkova, Karina y Lidija Rozentale. "Civil Unions (Non – Registered Partnerships) and Patients’ Rights: Problematics and the Future Perspective". Białostockie Studia Prawnicze 26, n.º 5 (1 de diciembre de 2021): 103–18. http://dx.doi.org/10.15290/bsp.2021.26.05.07.
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Abstract Unlike the institution of matrimonial law, which has developed over several hundred years and thus has a solid legal basis, the legal framework for non-registered partnerships is a relatively recent legal phenomenon, which therefore also means that the legal framework in those countries where it is applied is not uniform and there are significant differences between different legal systems. The legal framework of non-registered partnerships is influenced by the traditions, history, culture, religion, and other factors of the country and its population. With the development of non-registered partnerships, new challenges are emerging in various fields, including healthcare in terms of ensuring patients’ rights. This results in a situation where there is a lack of regulation in society to protect all families, regardless of whether the family is based on a registered or non-registered partnership. The purpose of the article is to clarify the role, and importance, as well as crucial problematics of non-registered partnerships from the patients’ point of view. The methodological basis of the research includes general theoretical principles of scientific knowledge. This knowledge provides various aspects in the study of non-registered partnerships and the patients’ rights in healthcare. The scientific novelty is to identify the essence and importance of the fundamental rights of each person and to clarify the legal problematics of the non-registered partnership institution that influence patients’ rights in the decision-making process.
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Lisitsa, Valeriy y Svetlana Moroz. "Legal Regulation of Public-Private Partnership in Russia and Other Countries of the Eurasian Economic Union". Russian Law Journal 7, n.º 3 (17 de agosto de 2019): 53–81. http://dx.doi.org/10.17589/2309-8678-2019-7-3-53-81.
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This article examines comparatively legislation on the public-private partnership in the countries of Eurasian Economic Union and the relationship with Model Law “On Public-Private Partnership” adopted within the framework of the Commonwealth of Independent States. It is argued that the national acts of such countries could be improved and harmonized by developing their categorial apparatus and the extension of permissive regulation of public-private partnership. The legal qualification of an agreement on public-private partnership and other investment contracts with the participation of the State stipulated in other laws is also examined. It is concluded that such agreements comprise not only private, but also public law elements and might be regulated in special legislation containing rules of civil and public law on the basis of balancing private and public interests in public-private partnership.
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Hasson, Ezra. "Wedded to ‘fault’: the legal regulation of divorce and relationship breakdown". Legal Studies 26, n.º 2 (junio de 2006): 267–90. http://dx.doi.org/10.1111/j.1748-121x.2006.00011.x.
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In December 2005, the Civil Partnership Act 2004 came into force, thereby enabling same-sex couples to obtain formal legal recognition of their relationships. By modelling the provisions for dissolving such partnerships on divorce law, the government effectively transposed into the new regime both a fault-based ‘system’ and the accompanying sense that the law is vested with a role beyond that of simply ending relationships. In view of the recent, but ultimately failed, attempt to introduce no-fault divorce, this paper explores the role of law in this context. Drawing on a series of interviews with key individuals involved in the reform process, it explores how no-fault divorce was hijacked in a vain effort to provide simultaneous means of saving and ending marriage. In particular, the veto wielded by an influential group of idealistic conservatives during the latter stages of the reform process is identified. Given the inability or unwillingness of reformers to confront such conservatism with either a thoroughgoing defence of diversity, or the reality of the limited capacity of states to legislate for morality, the paper calls for a re-evaluation of the law’s role. It questions whether the Civil Partnership Act 2004 represents a missed opportunity to conduct such a re-evaluation and thus to point the way for future divorce reform.
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Bonthuys, Elsje. "Exploring Universal Partnerships and Putative Marriages as Tools for Awarding Partnership Property in Contemporary Family Law". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 19 (9 de diciembre de 2016): 1. http://dx.doi.org/10.17159/1727-3781/2016/v19i0a1192.
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Following upon the Supreme Court of Appeal’s judgment in Butters v Mncora, which broadened the criteria and consequences of universal partnerships in cohabitation relationships, this article investigates the potential of universal partnerships and putative marriages to allocate rights to share in partnership property in other intimate relationships. It traverses several instances in which marriages are not recognised - bigamous marriages, Muslim and Hindu religious marriages and invalid customary marriages – examining whether the wives in these marriages could use universal partnerships and putative marriages to claim a share in property. It then considers the use of universal partnerships to obtain a share of property in civil marriages out of community of property. It concludes by pointing out several issues which are in need of clarification and where the common law should be developed to give effect to fundamental constitutional rights.
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Gansetska, V. "PROSPECTS FOR INTRODUCING A CIVIL (REGISTERED) PARTNERSHIP AGREEMENT INTO UKRAINIAN LAW". “International Humanitarian University Herald. Jurisprudence”, n.º 66 (2023): 70–73. http://dx.doi.org/10.32782/2307-1745.2023.66.15.
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Slack, Stephen. "Church Autonomy and the Civil Partnership Act: A Rejoinder". Ecclesiastical Law Journal 9, n.º 2 (11 de abril de 2007): 206–7. http://dx.doi.org/10.1017/s0956618x07000385.
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Khalid, Zuhriati. "ANALISIS JURIDIS KEDUDUKAN PERJANJIAN KEMITRAAN ANTARA PENGEMUDI JASA ANGKUTAN ONLINE DAN PERUSAHAAN PROVIDER DITINJAU DARI ASPEK HUKUM KEPERDATAAN". Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat 18, n.º 3 (30 de abril de 2019): 114–23. http://dx.doi.org/10.30743/jhk.v18i3.1207.
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The legal position between the drivers of online transportation services and the online transportation application service company is a partnership agreement as regulated in civil law. However, in practice the existing legal regulations have not provided legal protection to drivers of online transportation because not all drivers of online transportation understand their position as a partnership relationship. If it is associated with civil law, this is contrary to the principle of balance; it can even be said to be an abuse of the situation (misbruik van omstadigheden). The misuse of this situation can occur if an agreement is born due to economic excellence, psychological superiority and other advantages. The purpose of this study is to see how existing legal regulations actually runs effectively and efficiently in the community. The method of this research is qualitative research, namely based on the principles of law, doctrine and legislation that can answer the problems of this study. Keywords : Partnership Agreement, Driver, Online Transportation
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Perakis, Evanghelos. "The New Greek Companies Act – Greek Company Law: Made in Greece or in Europe?" European Company and Financial Law Review 19, n.º 3 (1 de junio de 2022): 339–53. http://dx.doi.org/10.1515/ecfr-2022-0016.
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Abstract Greek Company Law has its origins in the French “Code de Commerce” of 1807, which, although never legislated in Greece, applied as a Greek law to the business transactions even before the Greek Independence (1830). The German influence took over progressively early in the 20 th century. Such influence is visible in the important Law on SAs (1920), the chapter of the Greek Civil Code on the contract of society (1946) and more recently in Law 4072/2012 on commercial partnerships. The list of business associations available in Greece includes the usual business forms (general and limited partnerships, silent partnership, and capital companies) provided in continental Europe. Recent legislative developments include a new law on SAs (2018) and a new company form, the Private Company (2012), which is mostly used by small and medium entreprises. The Greek Sarl is fading out. The introduction of a new entity has been envisaged (but not yet adopted), imitating the “individual enterprise with limited liability” of French law.
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Kovaliv, Myroslav. "INTERACTION BETWEEN THE POLICE AND CIVIL SOCIETY INSTITUTIONS". Social & Legal Studios 12, n.º 2 (30 de junio de 2021): 79–85. http://dx.doi.org/10.32518/2617-4162-2021-2-79-85.
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In the context of a systematic method of studying legal phenomena, the interaction of the police and civil society institutions is considered. Areas and methods of interaction between the police and civil society institutions are established in the legislation of Ukraine, the Law «On the National Police» and the Law «On the participation of citizens in the protection of public order and the state border». The police carry out activities only within the specified areas stipulated by the current legislation. Civil society can take part in such activities only to the extent permitted by the law. The possibility of using the potential of civil society institutions in the performance of police duties is reflected in the Law «On the National Police». Areas of police activities are areas of partnership between the police and civil society institutions. Types of interaction between the police and civil society institutions are diverse: the interaction differs depending on the characteristics of the tasks to be solved by the police together with civil society, the content of tasks, scope, nature, duration and initiator of interaction. The main forms of partnership between the police and civil society institutions are direct cooperation; information exchange; public control; preventive measures; charity campaigns. There are several types of public organizations in Ukraine, each of which to some extent protects and defends the rights and freedoms of citizens. The trend of revival of public law enforcement organizations, based on the awareness of the need for common practice of public safety, has become entrenched in the country. The participation of civil society in law enforcement is a condition and requirement for the development of a democratic state governed by the rule of law, as a means of resolving contradictions and conflicts in the field of state law.