Littérature scientifique sur le sujet « Statuto successorio »

AbstractThe recent jurisprudence of the ICTY concerning the proper interpretation of the doctrine of superior responsibility under Article 7(3) of the ICTY Statute has been stifled by division and uncertainty. In particular, the question of the responsibility of successor superiors for crimes committed by their subordinates prior to taking command has led to a number of 3–2 majority decisions. This paper seeks to reconcile the divergent judicial opinions by moving away from a narrow analysis of successor superior responsibility, instead focusing on the determination of the underlying nature of the doctrine of superior responsibility. While a polarity of opinions also exists in relation to the nature of the doctrine of superior responsibility, this paper argues that the opinions can be reconciled by adopting a more principled approach to customary international law, an approach justified by the international criminal law context. Such an approach involves two elements: first, ensuring that a clear distinction is drawn between international humanitarian and international criminal legal concepts; and, second, the invocation of the principle of individual culpability as a standard against which the weight to be attributed to authorities evidencing custom ought to be assessed. A principled approach would enable the identification of the nature of the doctrine of superior responsibility while ensuring that the doctrine reinforces international criminal law principles rather than acts as an exception to them; in addition, by determining the nature of the doctrine of superior responsibility, the principled approach would unravel the confusion concerning successor superior responsibility in the ICTY jurisprudence.

Abstract Outgoing trustees wish to draw a line under their duties—and, accordingly, seek a legally effective discharge. What exactly is a discharge? Are there different kinds and attributes? How is one obtained—by statute, court process, beneficiaries or third parties? What are the consequences of a lack of discharge? Not only for the ‘undischarged’ trustee, but elsewhere? Does lack of discharge for an existing trustee impair subsequent otherwise legitimate actions of continuing or successor trustees? Historically, how did any trustee obtain a discharge? What legislation existed before the 1850 law? How has the ‘two-trustee’ replacement principle applied over the last two hundred years? How do fixed-term, ex officio, invalidly ‘appointed’ or constructive trustees exit with an effectual discharge?

The present study aims to present the difficulties of transitional justice in Hungary following the change of systems. Following the regime change, it was a legitimate need in a substantial part of society in Hungary to punish the main perpetrators of the previous communist dictatorship for the crimes committed by them, either symbolically or actually. This type of ‘punishment’ may take place in a democratic society in two ways: either because of a political decision, or in the form of prosecution by a court. From the 1990s onwards, Hungarian decision-makers were characterized by the absence of ability to cope with the question. In my study relating to the statute of limitation, in addition to the description of the concept of limitation and the applicable Hungarian regulation in force, on the one hand I introduce those crimes which are not subject to the statute of limitation under international law, on the other hand I present the different approaches of the question of suspension of the limitation period in some successor states in order to determine and provide a solution to whether the statute of limitation could have been a real obstacle to criminal accountability. In this context, my study addresses, among several other issues, the breakthrough of the prohibition of retroactive effect, the issue of limitation and the question whether there is a need for transitional justice at all. The problem of limitation in connection with the historical justice arises in the fact that, although the current Hungarian legislation in force is aware of the concept of crimes which were not subject to the statute of limitation, however, during the darkest period of the communist dictatorship, such a concept did not yet exist in Hungarian law. The Hungarian laws in force in the 1950s did not yet recognize the category non-obsolete crimes, Thus, for example under Article 25 of the Compilation of Substantive Criminal Law (Act II of 1950) in force in 1956, the limitation period for acts threatened with death or life imprisonment was only 15 years, which, however, ceased to be punishable. In my opinion, which can be considered as one of the results of my research, in the absence of a mandatory legal background similar to German or Czech, it is a special legal reasoning that can justify the lack of limitation, the rules of which are presented in detail in my study. This is the legal reasoning on the basis of which the accountability of former party leaders could have been established under both domestic and international law. That is the legislative reasoning based on which – contrary to the decision of the Constitutional Court – in my opinion, legal liability would (would have been) take place, regardless of the fact, whether it was a plea or in the context of a traditional criminal proceedings.

The problem of replacing the dollar as the principal instrument of international fund transfers, both official and private, is becoming increasingly acute. In attempting to assess to what extent the potential « successors » to American currency - the Deutsche Mark, S.T.R., crown - can, claim to be able at least to support it if not to replace it, it would be appropriate to identify the conditions in which the « internationalization » of first, the Pound sterling, and secondly, the dollar, was accomplished. Such an analysis makes it possible to consider the advantages and disadvantages inherent upon the use of a national currency as an international currency both for the country issuing that currency as well as for the international community. Experience shows, in fact, that « international monetary power » is a two-edged sword which can, undoubtedly be used to promote the « imperialist » aspirations of a state but which can also be shown to be a potential fact or for weakening its economy and bringing about the eventual undermining of the lutter. This state of affairs explains the reservations of the Germon, Japanese and Swiss monetary authorities with respect to sharing with the United States the burden of the « international monetary power » that the latter had exercised for several decades. These reservations however will likely not be sufficient to prevent the progressive internationalization of a currency such as the Deutsche Mark ... unless extensive measures are taken quickly to ensure the international growth of exclusively international instruments such as S.T.R. and the crown.

This paper will address four contractual provisions that often come into play in the acquisition and disposition of oil and gas properties: preferential rights to purchase, maintenance of uniform interest, areas of mutual interest, and consents required for assignment. These provisions each address valid commercial purposes and when consciously and deliberately implemented, can reflect a negotiated allocation of value and risk among the parties to the various agreements where they are found. However, they are all long-lived, if not perpetual, and at some point when performance of, or compliance with, them is at issue, it will be in the interest of one party or a successor in interest that the provisions either not apply or not be enforced. Thus, there is a constant testing of the boundaries in the commercial arena and frequent legal challenges in the courts. Each of these four provisions share certain elements with others, so that common legal principles and bodies of law are relevant in establishing the boundaries and evaluating the inevitable challenges. Preferential rights to purchase and areas of mutual interest contemplate future vesting which implicates the Rule Against Perpetuities. Preferential rights, the maintenance of uniform interest provision, and consents as conditions to assignment are restraints on alienation which involve the common law Rule Against Unreasonable Restraints on Alienation. All of these provisions purport to burden real property, so that the Statute of Frauds and the law regarding "covenants running with the land" are relevant. This paper will not cover all of these issues in depth, but will attempt to identify relevant Texas cases that directly bear on the current status of these provisions.

Inheritance is one of the legal means that ensure the effective implementation of copyright, therefore the protection of the interests of testators and their successors in cross-border matters is an important task of international private law. Modern national systems of inheritance and copyright operate independently. Due to the influence of economic, political and socio-cultural factors, the unification of substantive law of these industries is unlikely, so the conflict of law method of regulation remains dominant in this area. The paper highlights the main problems of conflict of law regulation of cross-border copyright inheritance and offers approaches to overcoming them. The authors address such issues as forms of manifestation of a foreign element in the relations of copyright inheritance; problems of distinguishing between intellectual and inheritance statutes; features of the application of the point of contact lex loci protectionis; the principle of territoriality, etc. Based on the analysis, it is concluded that the subordination of key issues of copyright inheritance to the conflict rules of the intellectual statute extends the principle of territoriality to these relations and necessitates multinational protection of these relations. The paper supports the opinion of scholars who criticise the concept of territoriality in matters of copyright protection, proving its ineffectiveness. Ultimately, the authors suggest that the tools of private international law allow for flexible approaches and do not equate copyright, which is more related to personal status, and industrial property rights, aimed at achieving commercial interests. It is proposed to achieve greater flexibility by detailing the scope of the conflict of law rules and establishing a system of conflict bindings, which will allow to choose the law that is more related to the circumstances of the case.

RESUMENEste artículo propone un recorrido a través de la figura del pensador de la Baja Edad Media a la Ilustración. Publicada en 1621, la Anatomía de la melancolía de Robert Burton dibuja la imagen del filósofo nuevo, opuesto a los desvergonzados filosofastros que daban título a la comedia de 1615. Demócrito Júnior supone la confirmación de la nueva figura intelectual que ha dejado atrás al clerc de la Baja Edad Media: el humanista del Renacimiento que, gracias a la rehabilitación llevadaa cabo por Marsilio Ficino del mal de la bilis negra, confiesa con orgullo su carácter melancólico, propio del genio fuera de lo común. Su sucesor, el philosophe del siglo XVIII ya no necesita acudir a la afección atrabiliaria para postularse como el guía que ha de conducir y domesticar al pueblo.PALABRAS CLAVE: melancolía, filosofastros, época moderna, philosophe, pueblo.ABSTRACTThis article proposes a journey through the figure of the thinker from the late Middle Ages to the Enlightenment. Published in 1621, Robert Burton’s Anatomy of Melancholy depicts the image of the new philosopher as opposed to those shameless philosophasters, to which the title of his 1615 comedy refers. Democritus Junior embodies the confirmation of the new intellectual figure that has abandoned the clerc of the late Middle Ages: that Renaissance humanist who, thanks to Marsilio Ficino’s rehabilitation of the malady of the black bile, proudly confesses his melancholiccharacter, typical of extraordinary geniuses. His successor, the 18th century philosophe, no longer needs to resort to bad-tempered humour in order to present himself as the guide destined to direct and domesticate common people.KEY WORDS: melancholy, philosophasters, early modern period, philosophe, common people.BIBLIOGRAFÍAAgamben, G., Stanze. La parola e il fantasma nella cultura occidentale, Torino, Einaudi, 1977.Aristóteles, El hombre de genio y la melancolía: problema XXX, I, Barcelona, Quaderns Crema, 1996, edición bilingüe, prólogo y notas de Jackie Pigeaud, traducción de Cristina Serna.Badinter, É., Les passions intellectuelles, vol. I. Désirs de gloire (1735-1751), Paris, Fayard, 1999 (traducción española: Las pasiones intelectuales, vol. I. Deseos de gloria (1735-1751), Buenos Aires, FCE, 2007D’Alembert, “Réflexions sur l’état présent de la République des lettres pour l’article gens de lettres, écrites en 1760 et par conséquent relatives à cette époque”, en OEuvres et correspondances inédites (éditées par Charles Henry), Genève, Slatkine, 1967.Bartra, R., Cultura y melancolía. Las enfermedades del alma en la España del Siglo de Oro, Barcelona, Anagrama, 2001.Bauman, Z., Legisladores e intérpretes. Sobre la modernidad, la posmodernidad y los intelectuales, Buenos Aires, Universidad Nacional de Quilmes, 1997, traducción de Horacio Pons.Burton, R., Philosophaster, Whitefish, Kessinger Publishing, 1992, ed. Latin-English.Burton, R., Anatomía de la melancolía, Madrid, Asociación Española de Neuropsiquiatría, 1997-2002, 3 vols., prefacio de Jean Starobinski, traducción de Ana Sáez Hidalgo, Raquel Álvarez Peláez y Cristina Corredor.Chartier, R., Espacio público, crítica y desacralización en el siglo XVIII. Los orígenes culturales de la Revolución Francesa, Barcelona, Gedisa, 2003, traducción de Beatriz Lonné.Darnton, R., “La dentadura postiza de George Washington”, en El coloquio de los lectores. Ensayos sobre autores, manuscritos, editores y lectores, México, FCE, 2003, prólogo, selección y traducción de Antonio Saborit, pp. 285-310.Darnton, R., Los best sellers prohibidos en Francia antes de la Revolución, Buenos Aires, FCE, 2008, traducción de Antonio Saborit.Diderot, D., “Éléments de physiologie”, en OEuvres complètes de Diderot revues sur les éditions originales comprenant ce qui a été publié à diverses époques et les manuscrits inédits conservés à la Bibliothèque de l›Ermitage, Paris, Garnier frères, 1875-1877, notices, notes, table analytique, étude sur Diderot et le mouvement philosophique au XVIIIe siècle par Jules Assézat [et Maurice Tourneaux].Dumarsais, C. Ch., Nouvelles libertés de penser, Amsterdam, Piget, 1743.Erasmo de Rotterdam, “Colloquio llamado Combite religioso”, en A. Herrán y M. Santos (eds.), Coloquios familiares: edición de Alonso Ruiz de Virués (siglo XVI), Rubí (Barcelona), Anthropos, 2005.Furetière, A., “Hydre”, en Dictionnaire universel, contenant généralement tous les mots françois tant vieux que modernes, et les termes de toutes les sciences et des arts..., Paris, France-expansion, 1972 –reproduction de l’édition de La Haye et Rotterdam, A. et R. Leers, 1690, 3 tomes dans un volume, non paginé.Garin, E., “El filósofo y el mago”, en E. Garin (ed.), El hombre del Renacimiento, Madrid, Alianza, 1990, traducción de Manuel Rivero Rodríguez.Garnier, J.-J., L’Homme de lettres, Paris, Panckoucke, 1764.Goulemot, J.-M., Adieu les philosophes: que reste-t-il des Lumières?, Paris, Seuil, 2001.Klibansky, R., Panofsky, E. y Saxl, F., Saturno y la melancolía. Estudios de historia de la filosofía de la naturaleza, la religión y el arte, Madrid, Alianza, 1991, versión española de María Luisa Balseiro.Le Goff, J., Los intelectuales en la Edad Media, Barcelona, Gedisa, 1986, traducción de Alberto L. Bixio.Lepenies, W., ¿Qué es un intelectual europeo? Los intelectuales y la política del espíritu en la historia europea, Barcelona, Galaxia Gutenberg/Círculo de Lectores, 2008, traducción de Sergio Pawlosky.Masseau, D., L’invention de l’intellectuel dans l’Europe du XVIIIe siècle, Paris, Presses Universitaires de France, 1994.Mornet, D., Les origines intellectuelles de la Révolution française: 1715-1787, Paris, Armand Colin, 1933 (traducción española: Los orígenes intelectuales de la Revolución Francesa, 1715-1787, Buenos Aires, Paidós, 1969, traducción de Carlos A. Fayard).Radin, P., Primitive Religion. Its Nature and Origin, New York, The Viking Press, 1937.Rivera García, A., “La pintura de la crisis: Albrecht Dürer y la Reforma”, Artificium. Revista iberoamericana de estudios culturales y análisis conceptual, 1 (2010), pp. 100-119.Schiebinger, L., Nature’s body. Gender in the Making of Modern Science, New Brunswick (New Jersey), Rutgers University Press, 2006.Starobinski, J., “Habla Demócrito. La utopía melancólica de Robert Burton”, en R. Burton, Anatomía de la melancolía, vol. I, traducción de Julián Mateo Ballorca, pp. 11-29.Taine, H.- A., Histoire de la littérature anglaise, Paris, L. Hachette, 2e édition revue et augmentée, 1866.Tocqueville, A. de, El Antiguo Régimen y la Revolución, Madrid, Istmo, 2004, edición de Antonio Hermosa Andújar.Van Kley, D. K., The Damiens Affair and the Unraveling of the Ancien Régime, 1750-1770, Princeton, Princeton University Press, 1984.Vernière, P., “Naissance et statut de l’intelligentsia en France”, in Ch. Mervaud et S. Menant (éd.), Le siècle de Voltaire: hommage à René Pomeau, Oxford, Voltaire Foundation, 1987, vol. II, pp. 933-941; É. Walter, “Sur l’intelligentsia des Lumières”, Dix-huitième siècle, 5, 1973, pp. 173-201.Voltaire, Les oeuvres complètes de Voltaire / The Complete Works of Voltaire, Genève/Toronto/Paris, Institut et Musée Voltaire/University of Toronto Press, edited by Theodore Besterman], tome 82, Notebooks (vol. 2), 1968.Weber, M., La ética protestante y el “espíritu” del capitalismo, Madrid, Alianza, 2001, traducción de Joaquín Abellán García.

The article examines the activities of companies, their bodies, disputes, delves in connection with the exercise of corporate rights, holding a general meeting, making decisions, appealing to the courts, as well as compliance with rules relevant to the founders and participants of companies. Disputed situations on observance of the procedure of convening and holding a general meeting, their influence on decision-making, their legitimacy are studied. Violated corporate rights of the participant are protected by invalidating the decision of the general meeting as the highest body of society. The article identifies the problematic aspects of disputes over the invalidation of decisions of the general meeting of companies. Some grounds for invalidating the decisions of the general meeting of companies are analyzed, the shortcomings of their legislative regulation and the peculiarities of practical application by economic courts of various instances, especially the court of cassation, are revealed. The study conducted in the article contains an analysis and generalization of judicial practice in resolving corporate disputes, which revealed inconsistencies in the approaches of courts to law enforcement, taking into account the position of the Supreme Court, which allowed to develop recommendations for improving judicial practice. Ukrainian corporate law leaves room for finding new solutions and ideas for protection in corporate relations, despite the latest legislative novelties. The article outlines the ways of development of judicial practice using, in particular, comparative law, dialectical and applied methods. Thus, the basis for improving the legal regulation of this category of corporate disputes should be the experience of the existing case law of the Supreme Court. Emphasis is placed on such problematic issues as to who can be the subject when applying to the court for invalidation of the decision, respectively, what is the range of plaintiffs and defendants, cases are presented and analyzed in which the plaintiffs are not only members but also their successors (heirs) . Peculiarities of application of special statute of limitations to claims in case of invalidity of decisions of the general meeting, especially in the context of application of special statute of limitations to the relations which have arisen earlier are investigated.

1Human rights — Genocide — Definition of genocide — Convention for the Prevention and Punishment of the Crime of Genocide, 1948 — Actus reus of genocide — Mens rea — Specific intent to destroy protected group — Dolus specialis — Proof — Whether existence of intent can be inferred from pattern of conduct — Relationship between genocide and other violations of humanitarian law and human rights — Ethnic cleansing — Responsibility for genocide — Whether genocide established in principal claim — Whether genocide established in counter-claim — Armed conflict in territory of Croatia in 1991-95 — Whether breaches of Genocide ConventionInternational Court of Justice — Jurisdiction — Scope — Consent to jurisdiction — Basis for jurisdiction — Article IX of Genocide Convention — Court confined to disputes regarding genocide — Whether dispute between Parties falling within Article IX of Genocide Convention — Respondent raising preliminary objections relating to jurisdiction of Court and admissibility of Application — Whether Court having jurisdiction to entertain Croatia’s ApplicationInternational Court of Justice — Jurisdiction — Scope — Basis for jurisdiction — Article IX of Genocide Convention — Whether Court having jurisdiction — Respondent’s first preliminary objection — Capacity to participate in proceedings before Court — Articles 34 and 35 of Statute of Court — Whether Parties satisfying general conditions — Whether Respondent having access to Court on basis of Article 35(1) of Statute — Admission to United Nations on 1 November 2000 — Whether Respondent acquiring status of party to Statute of Court on 1 November 2000 — Whether Court “open” to Respondent — Issues of jurisdiction ratione materiae — Declaration and Note of 27 April 1992 — Nature and effect on position of the Federal Republic of Yugoslavia in relation to Genocide Convention — Whether declaration having effect of notification of succession to treaties — Whether Respondent party to Genocide Convention, including Article IX, at date of institution of proceedings until at least 1 November 2000 — Whether Court having jurisdiction to entertain Croatia’s ApplicationInternational Court of Justice — Jurisdiction — Scope — Basis for jurisdiction — Article IX of Genocide Convention — Whether Court having jurisdiction — Respondent’s second preliminary 2objection — Issues of jurisdiction ratione temporis — Whether claims based on acts and omissions which took place prior to 27 April 1992 beyond jurisdiction of Court and inadmissible — Distinction between objection to jurisdiction and objection to admissibility — Whether second preliminary objection possessing an exclusive preliminary character — Whether possible to determine questions raised by objection without determining issues properly pertaining to merits — Whether Court having jurisdiction to entertain Croatia’s ApplicationInternational Court of Justice — Jurisdiction — Scope — Basis for jurisdiction — Article IX of Genocide Convention — Whether Court having jurisdiction — Respondent’s third preliminary objection — Whether claims referring to submission of persons to trial within jurisdiction of Court — Whether claims concerning provision of information on missing Croatian citizens within jurisdiction of Court — Whether claims concerning return of cultural property within jurisdiction of Court — Whether Court having jurisdiction to entertain Croatia’s ApplicationInternational Court of Justice — Jurisdiction — Scope — Basis for jurisdiction — Article IX of Genocide Convention — Issues of jurisdiction and admissibility to be determined at merits stage — Issues of jurisdiction ratione temporis — Whether Court’s jurisdiction extending to acts prior to 27 April 1992 — Whether provisions of Genocide Convention retroactive — Logic — Article 28 of Vienna Convention on the Law of Treaties, 1969 — Whether acts said to have occurred before 27 April 1992 falling within scope of jurisdiction under Article IX due to Article 10(2) of International Law Commission’s Articles on State Responsibility — Whether acts said to have occurred before 27 April 1992 falling within scope of jurisdiction under Article IX due to law of State succession — Whether Respondent bound by obligations under Genocide Convention — Whether Court having jurisdiction to entertain Croatia’s Application with respect to acts prior to 27 April 1992State succession — Socialist Federal Republic of Yugoslavia — Dissolution — Republics becoming independent States — Distinction between successor State and continuing State — Federal Republic of Yugoslavia claiming to be continuation of the Socialist Federal Republic of Yugoslavia — Serbia and Montenegro — Republic of Serbia — Consent to jurisdiction of International Court 3of Justice — Whether Serbia sole Respondent — Treaty commitments — Genocide Convention — Whether Federal Republic of Yugoslavia party by succession to Genocide Convention — Membership of United Nations — Status and position of Respondent State in relation to the Statute of the International Court of Justice and to Genocide ConventionTreaties — Accession — Parties — Signature — Ratification — Genocide Convention — Process by which State becoming bound by treaty as successor State or remaining bound by treaty as continuing State — Signature of Genocide Convention by the Socialist Federal Republic of Yugoslavia on 11 December 1948 — Socialist Federal Republic of Yugoslavia depositing instruments of ratification, without reservation, on 29 August 1950 — Whether the Federal Republic of Yugoslavia party by succession to Genocide Convention from beginning of its existence as a State — Declaration and Note of 27 April 1992 — Nature and effect on position of the Federal Republic of Yugoslavia in relation to Genocide Convention — Whether Serbia party to Convention at date of Application on 2 July 1999Treaties — Interpretation — Application — Genocide Convention — Applicable law — Article II of Genocide Convention — Constituent elements of genocide — Actus reus and mens rea of genocide — Dolus specialis — Requirement of specific intent to destroy group in whole or part — Evidence — Mens rea of genocide — Meaning and scope of destruction of group — Destruction of group in part — Evidence of dolus specialis — Actus reus of genocide — Relationship between Genocide Convention and international humanitarian law — Meaning and scope of physical acts — Whether genocide established in principal claim — Whether alleged acts established — Whether falling into categories listed in Article II of Genocide Convention — Whether committed with intent to destroy protected group, in whole or in part — Quantitative element — Geographic location — Pattern of conduct — Whether genocide established in counter-claim — Whether breaches of Genocide ConventionInternational criminal law — Genocide — Definition of genocide — Obligations under Genocide Convention — Role of International Criminal Tribunal for the former Yugoslavia — Proof of genocide4Evidence before international courts and tribunals — Evidence — Burden of proof — Standard of proof — Methods of proof — Relevance of findings by International Criminal Tribunal for the Former Yugoslavia — Whether conclusive evidence crimes committed — Whether conclusive evidence regarding attribution of actsState responsibility — Attribution — Responsibility of State for acts of State organs — Engagement of international responsibility of acts unlawful even if author of acts acting contrary to instructions or exceeding authority — International Law Commission’s Articles on State Responsibility 2001 — Relevance — Determination of responsibility of State if genocide established — Whether genocide established — Whether breaches of Genocide ConventionWar and armed conflict — Armed conflict in territory of Croatia as it had existed within the Socialist Federal Republic of Yugoslavia in 1991-95 — Allegations of acts of genocide — Whether breaches of Genocide Convention

2014 - 2015
La tesi di dottorato dal titolo “L’unitarietà dello statuto successorio tra favor legitimitatis e verità biologica” ha ripercorso, dal punto di vista storico-giuridico, la non facile relazione esistente tra filiazione in costanza di matrimonio e filiazione avvenuta al di fuori di esso, soprattutto in considerazione dei relativi profili successori. Sono state analizzate le novità introdotte dalla legge di riforma, recante “Disposizioni in materia di riconoscimento dei figli naturali”, L. n. 219/2012, e dal decreto legislativo di attuazione, n. 154/2013. In particolare, si è provveduto a rileggere criticamente quelle norme del libro II del codice civile che prevedevano un’anacronistica dicotomia, tanto formale, quanto sostanziale, tra “figli legittimi” e “figli naturali”. La ricerca ha preso le mosse dall’analisi dell’art. 2, co. I, lett. f, della precitata L. n. 219/2012, con cui il legislatore ha investito il Governo del compito di “assicurare l’adeguamento della disciplina delle successioni (…) al principio di unità dello stato di figlio (…)”. Successivamente, sono state analizzate tutte le norme del diritto successorio novellate per effetto del decreto legislativo di completamento della riforma della filiazione (D.Lgs. n. 154/2013), dal titolo “Revisione delle disposizioni vigenti in materia di filiazione, a norma dell’articolo 2 della legge 10 dicembre 2012, n. 219”. In prima istanza, si è compiuta una mera operazione di sistemazione linguistica, espungendo dagli artt. 467, 536, 538, 565, 566, 570, 573, 580, 581, 582, 583, 594, 715 e 737 c.c., le parole “legittimi” e “naturali”, optando per un semplice riferimento ai figli. Lo studio dello statuto successorio dei figli nati all’interno o al di fuori del matrimonio si è svolto ponendo lo sguardo anche agli altri ordinamenti giuridici europei. La ricerca ha posto come base di comparazione la disciplina successoria offerta dalle esperienze di civil law. Si pensi alla Ley 11/1981 spagnola, che ha provveduto ad adattare la normativa del codice civile a quella della Costituzione, nell’ottica della assoluta equiparazione tra figli. Una disamina è stata offerta anche con riguardo agli interventi del legislatore d’oltralpe, attraverso la legge 2001-1135, L. n. 2002-305, ancora per il tramite dell’Ordonnance n. 2005-759 e della legge n. 2009-61. Sono state, inoltre, esaminate le riforme tedesche del 1969, vale a dire la legge sui “figli non legittimi”, nichteheliche Kinder, e quella di riforma del diritto della filiazione del 1997 (KindRG). Sul fronte del common law, in tema di equiparazione tra tipi di filiazione, si è provveduto ad individuare, innanzitutto, il Family law Act del 1987, con cui è stata abolita anche la dicitura linguistica di illegitimate, ed il Children Act del 1989. [a cura dell'autore]
The doctoral thesis entitled “The unity of the Statute of succession between legitimitatis favor and biological truth” has retraced , from the point of historical and legal perspective , the difficult relationship between filiation in wedlock and filiation given outside of it , especially in view of its successors profiles . The changes introduced by the reform law were analyzed on “Measures regarding the recognition of illegitimate children” , Law no . 219/2012 , and the legislative decree implementing, n . 154/2013 . In particular , it was decided to critically review the provisions of Book II of the Civil Code which provided an anachronistic dichotomy, both formally, as a substantial, between “legitimate children” and “natural children”. The research was prompted by the analysis art. 2 , co . I, letter . f , of the aforementioned Law no . 219/2012 , in which the legislature has invested the government with the task of “ensuring the adaptation of the succession rules ( ... ) the principle of the child - state drives ( ... )”. Subsequently, were analyzed all the rules of succession novellate law by virtue of Legislative Decree completion of the reform of filiation (Legislative Decree . N . 154/2013) , entitled “Review of the current provisions of filiation , pursuant Article 2 of the law of 10 December 2012, n . 219”. In the first instance, it has accomplished a mere linguistic accommodation operation, expunging from Articles 467 , 536 , 538 , 565 , 566 , 570 , 573 , 580 , 581 , 582 , 583 , 594 , 715 and 737 of the Civil Code , the “legitimate” and the words “natural”, opting for a simple reference to the children. The study of the Statute of succession as children born within or outside marriage took place by placing the eye to other European legal systems. Research has set as a basis for comparing the discipline succession offered by civil law experience. Think of the Spanish Ley 11/1981, which has adapted the civil code legislation to that of the Constitution, in view of the absolute equality among children. An examination was also offered regarding the remediation of the legislature beyond the Alps, through law 2001-1135, L. n. 2002-305, again through Ordonnance n. 2005-759 and Law. 2009-61. It was also examined the German reform of 1969, namely the law on “no legitimate children”, nichteheliche Kinder, and that of the filiation of the 1997 law reform (KindRG). In terms of the common law, in terms of equivalence between types of filiation, steps were taken to identify, firstly, the Family law Act of 1987, which was also abolished the linguistic expression as illegitimate, and the Children Act 1989. [edited by author]
XIV n.s.

Le code de la famille de 1987 a conféré au conjoint survivant une véritable promotion successorale en ce qu'il l'a élevé au rang d'héritier régulier et l'a même placé, dans sa catégorie, avant les groupes des père et mère et des frères et sœurs du de cujus avec lesquels il vient désormais en concours. Notre recherche a mis en évidence le décalage entre le droit positif et les pratiques juridiques, judiciaires et sociales. Si le droit congolais des successions est conforme aux canons juridiques en la matière et cohérent dans l'optique positiviste, les modèles de comportement et de conduite réels, observés sur le terrain, sont souvent en décalage avec cet arsenal juridique. En conséquence, la vie réelle des populations se passe en dehors de l'Etat, de son droit voire de ses institutions. Ce décalage s'explique non seulement par l'inadéquation entre les réalités culturelles et les normes posées par le législateur (limites intrinsèques), mais aussi par l'environnement politique et des vulnérabilités socio-économiques, qui limitent leur application effective. La commission nationale de la réforme du droit devra prendre en compte ces limites lors de la rédaction d'un nouveau droit.

The thesis in question is titled “Readjusting Orthodoxy”. It constitutes a discourse in UK constitutional law although legal theoretic, historical, politicial, philosophical, and EU-related complementary themes are also present. It is founded upon, and driven by, two fundamental, inter-related premises. First, that it is the orthodox reading of the UK Constitution which best describes and explains the present constitutional arrangement: the UK Parliament is a sovereign institution sitting at the apex of the UK Constitution and vested with the right to make and unmake any law whatsoever. In the second place, that, notwithstanding the above, this very reading of the UK Constitution is currently deficient in terms of internal cohesion, is plagued by ingrained anachronistic dogmas and enjoys only a limited adaptability. From these premises emerges a third proposition; namely, that the UK constitutional discourse as a whole would stand to lose greatly should alternative constitutional theories that are less suited to describe and explain the current constitutional arrangement replace the orthodox reading of the Constitution by exploiting these conspicuous drawbacks. Thus, the present treatise argues that the orthodox reading should after critical evaluation be readjusted in the various ways to be proposed so as to be rendered coherent, consistent, impervious to the numerous challenges it currently faces and, ultimately, capable of continuing to offer the canonical account of the ever-changing UK Constitution.

La théorie de l’autonomie de la volonté est une théorie philosophique et juridique ancienne qui intéresse toutes les matières du droit. Elle est comparée par Gounot à « la pierre angulaire de tout l’édifice juridique ».Notre étude porte sur sur le principe d’autonomie de la volonté, ses effets et ses limites en droit patrimonial de la famille. Le droit patrimonial de la famille, qui se trouve à l’intersection du droit des contrats, du droit des biens et du droit de la famille, est concerné de près par cette théorie. Si le mouvement actuel du droit tend vers l’octroiement, aux familles et aux individus, de plus de liberté dans la gestion de leurs biens, se pose alors les questions de savoir quelles sont les limites actuelles a cette théorie après les dernières réformes en France, notamment celle du 23 juin 2006 ? Quels sont les composants actuels de l’ordre public familial ? Et que reste-t-il des anciennes limites et prohibitions ?La comparaison, sous l’angle de l’autonomie de la volonté, de deux systèmes juridiques parents mais différents nous offre une vue plus objective des besoins des familles au Liban et en France.Il s’agit à notre sens de ne plus penser et baser les réformes nécessaires dans chacun de ces deux pays sur la théorie de l’autonomie de la volonté ou sur celle de l’utile et du juste, mais plutôt de penser et baser les réformes nécessaires sur les vrais besoins des familles et des individus selon chaque société
Autonomy of the will – French-Lebanese comparative law – Autonomy of the will in the patrimonial family law – Autonomy of the will's reach – French patrimonial family law – Lebanese patrimonial family law – Donations in Lebanese law – Donations in French law – Estate law – French estate law – Lebanese estate law – estate law for the non-Muslims in Lebanon – estate law for Muslims in Lebanon – Matrimonial regimes law – French matrimonial regimes law – Lebanese matrimonial regimes law – Change of matrimonial regimes – Marriage – Marriage in France – PACS – Concubinage – Marriage in Lebanon – Religious marriage in Lebanon – Civil marriage in Lebanon – Lebanese personal status – the limits of the autonomy of the will – French estate public order – French matrimonial public order – Lebanese estate public order – Lebanese matrimonial public order – Inheritance reserved portion in French law – Inheritance reserved portion in Lebanese law – Prohibition of pacts on future succession in French law - Prohibition of pacts on future succession in Lebanese law – Gradual end residual donations – Banking secrecy in Lebanon – TRUST – Disguise – Life-insurance – Matrimonial benefits – Irrevocable mandate in Lebanese law – Posthumous mandate – Civil real estate company

The Cold War was a period of hostilities between the United States and the Soviet Union as the two superpowers engaged in a nuclear arms race. With the collapse of the Soviet Union, some scholars perceived that Russia’s military-industrial complex has deteriorated considerably, and that the country has fallen behind the United States and Europe in the area of information technologies and other strategically important sectors of national economy. Others insist that the image of Russia’s political irrelevancy and demotion of the country to a status of a “small” or even “medium” power is mistaken. The new Russia, they argue, has never surrendered its claims as a great power. Discussions about Russia’s global role have been fueled by its continuing nuclear standoff with the United States, along with growing concerns about its plans to develop more robust nuclear deterrents and modernize its nuclear arsenals. There is substantial scholarly literature dealing with Russia’s foreign, security, military, and nuclear policy, as well as the role of nuclear weapons in the Russian security framework. What the studies reveal is that the nuclear option remains an attractive alternative to Russia’s weakened conventional defense. Today, as before, Russia continues to place a high premium on the avoidance of a surprise attack and relies on its nuclear capabilities for strategic deterrence. There are a host of issues that deserve further investigation, such as the safety of Russia’s nuclear sites and the regional dimension of its nuclear policy.

When an Article III federal judge concludes their active service on the bench, she effectively abdicates her seat and enables the president and Senate to choose her successor. Some judicial scholars argue that political factors motivate this decision. More recent scholarship, however, provide strong evidence that judicial pensions largely explain how long a judge maintains active status. By comparison, political and institutional factors do not have a meaningful effect. At the same time, judges, when ending active status, remain on the bench as senior judges notwithstanding the small financial incentives to chose it over full retirement. Taken together, judges’ behave rationally, while at the same time exhibiting strong institutional commitment to the federal bench.

Despite a federal division of powers and entrenched constitutional rights provisions, parliamentary sovereignty is accepted in Canada as a significant legal phenomenon. The traditional understanding inherited from Britain is that Parliament remains legally free at all times to make or change any legal rule that it wants. This chapter recounts the story of how that understanding has been adapted to the Canadian constitutional context. It also discusses Canadian experience with the problem of a Parliament binding its successors, including certain qualifications that are now brought to the uncompromising view attributed to constitutional scholar A.V. Dicey. Finally, it examines the question of what official bodies, in addition to courts, are recognized by Canadian law as being able to decide that a statute is invalid.

This chapter examines the transformations in the status and character of Scottish Episcopalianism from 1662 to 1829. Despite being re-established in the Church of Scotland in 1661–2, episcopacy was abolished in 1689. Thereafter Episcopalians were a Nonconformist group, and only the minority of congregations whose clergy were loyal to Queen Anne and her Hanoverian successors enjoyed legal protection. But while the intermittent prosecution of the Jacobite clergy contributed to a steep decline in the number of Scottish Episcopalians, disestablishment allowed the clergy to reassess episcopal authority, and to experiment with liturgical reforms. After transferring their allegiance to the Hanoverians in 1788, the Episcopalians drew closer to the Church of England, formally adopting the Thirty-Nine Articles in 1804. By the end of the period, the Episcopalians saw themselves as an independent, non-established Church, one of the branches of international Anglicanism.

This epilogue first traces a common thread running through modern understandings of Sabina, from Antonio de Guevara in the 16th century to romantic novelist Kate Quinn in the 21st: Hadrian treated his wife poorly, as the ancient literary sources unequivocally tell us. Attention to Sabina is rare in modern history, art, or literature. Most representations of the empress through time are ancillary appearances in biographical or novelistic treatments of Hadrian; few are especially probing. When Antinoös is introduced, Sabina recedes. It was surely consequential that Hadrian’s successor Antoninus Pius lost his own wife, Faustina I, barely two years after accession, in 140. Her funeral and deification, commemorative post-consecration coinage, honorary statues and games, dedicated priestesses, and grand temple constructed in the Roman Forum evidently eclipsed Hadrian’s honors for his wife. Yet these very honors show that Antoninus observed and approved how Hadrian had promoted Sabina and the concept of empress.

This chapter considers Japan’s experience with visiting forces. Unlike the NATO experience in Europe, the United States and Japan had very different backgrounds and cultures. The long-term stationing of US forces in Japan is remarkable because despite the circumstances under which it began, it grew into a partnership of allies and equals. The US-Japan Security Treaty and its successor, and the agreements thereunder regarding the status of forces, as main instruments of the law of visiting forces in Japan have been utilized flexibly to meet the defence and security needs of Japan and the security needs of the United States from the standpoint of fulfilling its regional commitments and its global strategy. However, the application of these treaties and agreements has been influenced not only by military convenience, but also by the interest to achieve harmonization with everyday life of residents in Japan.

Charles I of Anjou restored the counties according to the Norman system; his successors im- proved them and let them become a space of local power inside the the Royal districts, the gi- ustizierati. At the same time some aristocratic families consolidated themselves, like the Ruffo of Calabria, lords of Sinopoli, who obtained the comital title in 1334. The paper analyses two important records: the cartulario 1 and the cartulario 17, integrating them with all the availa- ble documents. The cartulario 17 contains platea dating from 1335, which includes one or two older texts written in Greek and translated into Latin. It is at the same time an inventory and a municipal statute. The cartulario 17 is the main source for studying the creation, composition and ruling of the county of Sinopoli, not to mention the various world of the subjects to the lords, according to their status (vassallus) or their possessions as freemen (burgenses). We have also suffeudatarii and other people depending on the baron, like the raccomandati.

The question of precisely how far parliament should be involved in settling the succession to the crown constitutes a neglected strand of the Elizabethan succession debate. Patrick Collinson and his successors have examined in detail the attempts undertaken by committed Protestants from the 1560s through to the 1580s to secure legislation debarring Mary, queen of Scots. However, this chapter demonstrates that a necessary corollary of the campaign for exclusion was the argument that parliament, even one summoned after Elizabeth’s death without statutory warrant, could determine the identity of her rightful successor or even choose the next ruler. Theoretical justifications of this scenario, however, were seldom disinterested, and were typically designed with a practical purpose and a specific person in mind. It may be a mistake to treat them as expressions of abstract political thought. Drawing on new archival evidence, this chapter reveals that he intended beneficiary of the boldest such scheme propounded in 1586, when the Scottish queen was still alive, was her infant son James. It concludes by reflecting on the memory and polemical uses of Elizabethan parliaments in late Stuart England.

As with the President of the Court of Appeal, the President of the Court of First Instance is elected by all judges of the Court of First Instance for a term of three years. Only full-time judges can be elected (arg ex Art 14(1) UPC Statute). The President may be re-elected twice, thus the maximum term of office is nine years. If the office of the President of the Court of First Instance falls vacant before the expiry of his term, a successor will be elected for the remainder of the term (para 4, Art 13(4) UPC Statute).

This chapter explores the difficult historical and geopolitical context that the new Russia found itself in as it emerged after the collapse of the Soviet Union. The anti-communist ideological choice of Russia’s ruling elites stood uncomfortably with Russia’s status as the main successor to the Soviet Union. Yeltsin’s government underplayed the importance of symbolic issues in the 1990s. As a result, Russian society found itself in a state of symbolic collapse and void that, in combination with painful economic and social realities, led to a widely shared sense of confusion, shame, and anxiety.

A Roman emperor was defined not simply by his own actions, but also by the manner in which he presented himself, the way he appeared in public, and the personal style he adopted in his interaction with the Senate and the people. A major element of that style lay in the manner of his domestic life and, closely related to this, how he handled the rituals associated with the imperial residence, such as the salutation and, above all, the invitations to an imperial convivium. Should the power of the emperor be put on display or concealed? In what kinds of settings should he carry out his duties? How could he simultaneously show off his status and power while playing the princeps in the manner of Augustus? It was evident from the very start that here was a fundamental flaw in the artful construction of Augustus. This is most evident in the honorific statues and other monuments associated with the worship of the emperor, in which Augustus and his Julio-Claudian successors, during their lifetimes, were represented both as civic officials in the toga and as nude figures with bodies modelled on gods and heroes. This chapter tries to understand better the new residence that Domitian built on the Palatine, at vast expense, to the plans of the architect Rabirius (according to Martial 7. 56), as a monument of imperial projection.

The years 1827–83, spanning the professorships of Baden Powell and Henry Smith, marked a period of great change in Oxford University. In the 1820s the University had been mainly a seminary for the Anglican clergy and a finishing school for the gentry. Reforms were introduced gradually, many as a result of Royal Commissions in 1850 and 1877, and by the 1880s Oxford had recognizably become a modern university. Although Powell was more of a scientist than a mathematician, he introduced important innovations that improved the status of mathematics within the University. His successor, Henry Smith, was both a reformer and a mathematician with an international reputation.

In 1946, the French constitution made colonial subjects in Africa into citizens. Having been content to rule ‘tribes’ via their ‘chiefs’, at that point it had to track individuals entitled to vote and receive social benefits. The new citizens retained their personal status — regulating marriage, filiation, and inheritance — under Islamic law or local ‘customs’ rather than through the civil code. That posed a dilemma for French officials, for the état-civil did not just record life events, but symbolized the integration of all into a single body of citizens. French officials and legislators — including African representatives — could not agree on whether the multiple status regimes necessitated two états-civils or one. In the end, officials were too torn between their recognition of difference among peoples under French rule and their desire for singularity to put in place a consistent policy of identification, registration, and surveillance. They bequeathed the problem to their successors.

Abstract The ‘bound colonate’ is a subject of controversy among scholars, some of whom argue that it existed as a new status between free and slave, while others feel it was merely a fiscal concern that has been exaggerated into a historiographic myth. A survey of the evidence confirms that the bound colonate grew out of fiscal registration in the late third century but then took on a life of its own as a third status of semi-servility in the following century. It had become fully articulated by the early fifth century such that the many peasants enmeshed in it were compelled to live as permanent tenants bound to the land on which they were born and burdened with numerous impediments to their freedom. The bound colonate survived intact in the eastern empire through the sixth century but was modified in various forms in the post-Roman successor states of the West.

As global insurance markets experienced a shift out of life assurance into new wealth products, Sanlam faced the same trend. Demutualization required more free capital than commanded by Sanlam, leading to an extended capital building programme, which ultimately fed into demutualization. Sanlam focused business operations on restructured business units, new distribution channels, and non-traditional markets. Serious attempts at bancassurance absorbed attention under severe market competition. Internationalization strategies failed to deliver to expectations. After listing in 1998, operational, management, and functional transformation occurred in a new South Africa. Statutory sanctioned empowerment policies chartered future company strategies. Implementation was delayed by the death of the CEO and an inexperienced successor. The company remained hamstrung by too-large exposures to a handful of big investments.

The peace plans produced since the year 2000—Ehud Olmert’s 2008 peace offer, John Kerry’s 2014 Framework Agreement proposal—were reshaped versions of the Barak era’s Clinton parameters. Precisely in order to escape that legacy, Prime Minister Ariel Sharon had earlier ignored George W. Bush’s roadmap and conducted instead a unilateral disengagement from Gaza. As always, the intractability of the conflict would be reaffirmed by the parties’ inability to do what was necessary, and doing instead only what they deemed politically possible. In Camp David, it was Arafat’s theological hallucinations that spoiled his people’s chance of redemption; and with his successor Mahmoud Abbas, who turned down even Olmert’s upgraded version of Clinton’s plan, it was his lack of stature that defeated his cause.

This paper discusses the development of a software tool that utilizes light-weight versions of 3D digital product models and detailed module construction and erection schedules to visually validate and modify the erection sequence. The tool enables planners to quickly and easily modify the schedule to improve the sequence during the planning phase, where planners with limited knowledge of the predecessor/successor relationships can visually determine erection sequence conflicts. In addition, the Erection Visualization Tool (EVT) provides a means for communicating module status and aids decision making throughout the erection process to avoid excess construction costs and ensure on time delivery of ships.