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1
Barzó, Tímea. "From Marital Property Law To Family Property Law : Theoretical and Practical Aspects of Property Law Regulations Protecting Families." Law, Identity and Values 1, no. 1 (2021): 23–39. http://dx.doi.org/10.55073/2021.1.23-39.
Повний текст джерелаАнотація:
Although the legislator prefers the institution of marriage and accepts it as a form of family relationship, the system of family relationships has altered as a result of social changes, which can also be seen in the legal regulation. Therefore, the framework of previous thinking, which is almost exclusively based on matrimonial property rights, has been modified by the social and economic changes and the consequent constant change in regulation and attitudes. As a result, not only matrimonial property regimes but also the legal relationship between persons living in a registered partnership or de facto partnership, and their relationship with third parties are covered by matrimonial property law as well. Consequently, it is necessary to apply a new comprehensive terminology to these property relations, which is family property law. However, it can also be stated that during the development of the family property regulation, the legislator sought to incorporate guarantees into the system during the analysis of the diversity of family relationships, which prevented the endangerment of family existence, the vulnerability of the weaker partner or the rights of minors belonging to the family. However, most of the protecting provisions in the family property law apply to persons living in a marriage (registered partnership), the property relations of de facto partners are less regulated, and they contain only partially, or under certain circumstances family protection standards, legal consequences, and safeguards. The reason of this is that the legislature protects and favours marriage in principle over the other two legally regulated forms of partnership, by which it encourages young people and couples to marriage which requires mutual responsibility, solidarity, and commitment.
2
Kucherenko, O. "OWNERSHIP PROPERTY ACQUIRED IN ACTUAL MARRIAGE RELATIONS: WORLD EXPERIENCE AND UKRAINIAN PRACTICE." Scientific Notes Series Law 1, no. 12 (October 2022): 29–34. http://dx.doi.org/10.36550/2522-9230-2022-12-29-34.
Повний текст джерелаАнотація:
The article is devoted to the study of the topical issue of establishing the right of ownership of property acquired in a de facto marital relationship. The preconditions for the recognition of de facto marital relations as a separate institution of family and civil law are outlined. The main approaches to understanding the status of partners in actual marital relationships are studied. Gaps in national legislation and imperfections in certain legal norms have been identified, which determine the relevance of scientific research to solve this problem. The peculiarities of the norms of the Ukrainian civil legislation concerning the settlement of the researched problems are established. It is emphasized that the right of joint ownership of property acquired in a de facto marital relationship does not arise automatically, like the right of joint ownership of a legal spouse, on the basis of the fact of marriage registration, but is established on the grounds of civil law. The peculiarities of recognizing the right of ownership of property acquired by partners who are in a de facto marital relationship under US law have been studied. It is emphasized that American case law is based on the fact that adult citizens who voluntarily live together and are in a marital relationship, as competent as others, to enter into contracts that ensure respect for their earnings and property rights.
3
Parkinson, Patrick. "Constitutional Law and the Limits of Discretion in Family Property Law." Federal Law Review 44, no. 1 (March 2016): 49–75. http://dx.doi.org/10.1177/0067205x1604400103.
Повний текст джерелаАнотація:
The argument of this Article is that the width of discretion that trial judges have to alter property rights under the Family Law Act 1975 (Cth) (‘the Act’) has been overstated. The property aspects of the Act can only be valid to the extent to which the law is an appropriate application of the marriage and divorce powers in the Constitution or is within the boundaries of the States’ reference of powers about de facto relationships. These constitutional provisions place significant constraints upon judicial discretion. In relation to marriages, the need to adjust property rights must result from the circumstances of the marital relationship or be justified as a consequence of the financial impact upon a party of its breakdown. The authority of Parliament to make laws concerning the alteration of the property rights of de facto partners is limited to cases of relationship breakdown. Furthermore, the Family Court of Australia and the Federal Circuit Court of Australia are both Chapter III courts. That has implications for the kind of discretion that Parliament can lawfully confer upon the trial judge, and the limits of that discretion. Some recent dicta and decisions of the Full Court of the Court suggest a view of judicial discretion which, it is argued, is inconsistent with the nature of judicial power in a Chapter III court. The discretion of trial judges is fettered by three duties: The duty to follow the interpretation of the Act as established authoritatively by appellate decisions, taking account of guidelines in appellate judgments; the duty to give reasons that explain the outcome of the case, and in particular, to justify the alteration of legal and equitable interests in specific items of property; and the duty to avoid arbitrary and capricious decision-making. The current jurisprudence on family property law is not necessarily consistent with these constitutional limitations.
4
Badran, Ahmed. "Revisiting regulatory independence: The relationship between the formal and de-facto independence of the Egyptian telecoms regulator." Public Policy and Administration 32, no. 1 (August 1, 2016): 66–84. http://dx.doi.org/10.1177/0952076716643381.
Повний текст джерелаАнотація:
Regulatory governance scholars tend to focus on either the formal or de-facto independence of regulatory agencies. Very little attention has been given to linking these two sides together and even less has been said about the relationship between these two aspects. In this paper, the relationship between the formal and de-facto independence of the Egyptian telecoms regulator will be investigated. The aim is to contrast these two aspects of regulatory independence. In addition, the way in which the formal independence is translated by the sector regulator into practice. The paper argues that the formal independence of the Egyptian telecoms regulatory agency is an important but not a sufficient factor to guarantee the de-facto independence of the agency. Empirical data collected from 44 interviews with different stakeholders in the Egyptian telecommunications market is analyzed. Documentary analysis of the telecoms Law and other official policy documents and reports is also considered. The initial findings of the paper show that the telecoms law grants the regulator the ability to act independently from the Ministry and the regulated industry. Nonetheless, this strong legal mandate has not been fully translated into independent practices on the ground in regards to the way the regulatory agency connects with the Ministry of Telecoms and the previous sector incumbent. The paper suggests that the relationship between formal and de-facto independence of telecoms regulators should be carefully considered.
5
Pavlović, Mina. "Istopolne zajednice života u svetlu primene Haškog protokola o merodavnom pravu za obaveze izdržavanja iz 2007. godine." Anali Pravnog fakulteta u Beogradu 70, no. 3 (September 28, 2022): 819–47. http://dx.doi.org/10.51204/anali_pfbu_22306a.
Повний текст джерелаАнотація:
Same-sex marriages, registered partnerships and de facto unions are considered same-sex relationships in comparative law. In the Hague Protocol, an important source of the Serbian conflict of law system, nothing is indicated about its application to these relationships, nor is the notion of „family relationship“ defined in sense of Article 1. This paper examines the scope of interpretation of this notion and whether it includes same-sex relationships. The main dilemma is whether the application of the Protocol may arise from autonomous interpretation of notion „family relationship“ or from the decision of each contracting state. Taking a position regarding these issues, the author examines the possibility of application of the Protocol to determine applicable law in disputes regarding maintenance of same-sex relationships, concluded abroad, and processed before domestic authorities. Special attention is paid to the analysis of a hypothetical case and the extent of the public-policy clause from Article 13.
6
Atkin, Bill. "The Legal World of Unmarried Couples: Reflections on "De Facto Relationships" in Recent New Zealand Legislation." Victoria University of Wellington Law Review 39, no. 4 (December 1, 2008): 793. http://dx.doi.org/10.26686/vuwlr.v39i4.5492.
Повний текст джерелаАнотація:
This article is a revised version of a paper presented at a conference in Vienna 16-20 September 2008, the 13th World Conference of the International Society of Family Law. The paper notes how the New Zealand legislation for most purposes equates the legal position of de facto, civil union and married couples. The main part of the paper focuses on the key definition of "de facto relationship" and draws attention in particular to the leading High Court decision of Scragg v Scott. While there will inevitably be borderline situations, most are likely to fall easily within or outside the definition.It is very fitting to have in this issue of the Law Review a piece by Professor Atkin on New Zealand's relationship property law: in the 1970s when the original matrimonial property statute was enacted, Professor Angelo and Professor Atkin together made submissions to Parliament and subsequently co-authored articles on the subject.
7
Stakhyra, Hanna. "Applicability of Private Law of De-facto Regimes." osteuropa recht 65, no. 2 (2019): 207–22. http://dx.doi.org/10.5771/0030-6444-2019-2-207.
Повний текст джерелаАнотація:
The applicability of private law of de-facto regimes poses particular conflict-of-law challenges for the state and its respective authorities involved, in particular courts. This article analyses these challenges in the light of the Luhansk and Donetsk National Republics in Ukraine, and further illustrates problems arising from the (non-)recognition of de facto regimes in the context of other territories such as Taiwan and Moldova, and Crimea, among others. The article concludes that recognized states cannot simply ignore the existence of a de facto regime territory. The political nonrecognition of such territories should not be an obstacle to the application of the law to protect the rights of individuals in private relationships.
8
Wudarski, Arkadiusz. "The concept of de facto relationships in Poland." Studia Universitatis Moldaviae. Seria Stiinte Sociale, no. 3 (June 2023): 70–75. http://dx.doi.org/10.59295/sum3(163)2023_08.
Повний текст джерелаАнотація:
This article is the first in a series of articles dedicated to de facto relationships, i.e. cohabitation, in Poland. Traditionally, cohabitation has been defined in Poland in opposition to marriage, and means a long-term relationship between a man and a woman who are living together outside a formal marriage. Cohabitation is widespread in Poland and is accepted by the great majority of citizens. At the same time, currently, there are no legislative proposals aimed at regulating in a comprehensive manner cohabitation, and it seems unlikely that this will change in the near future. Attempts to create a legal framework for cohabiting persons have, to a modest extent, and limited to selected aspects of civil law, been undertaken in the past. Looking to the future, then, we can expect to see a continuation of the past pattern of uncoordinated, scattered legislation. The concept of cohabitation will likely be introduced into various legal acts, and thus, indirectly, cohabitations will be partially integrated into the Polish legal system.
9
Kamiński, Konrad. "Małżeństwa de facto w Japonii wobec wyzwań COVID-19." Gdańskie Studia Azji Wschodniej, no. 23 (August 31, 2023): 180–93. http://dx.doi.org/10.4467/23538724gs.23.011.18157.
Повний текст джерелаАнотація:
The purpose of this article is to identify the key issues arising in relation to the existence of de facto (common law, nai’en) marriages in Japan. This paper will first show the broader context of the impact of the pandemic on legal-family relations in Japan. The discussion will then focus on the issue of de facto marriages, i.e. the genesis and increasing role of de facto marriages in Japan will be presented. Indeed, there have been increasing symptoms of the inclusion of informal relationships close to the marriage relationship in a legal context. The examples presented in this article provide a starting point for an analysis of the demands that have emerged in Japanese public space in relation to the specific needs of the COVID-19 pandemic era, i.e. the change of the unified spousal name system, as well as the issue of access to the partner’s medical information, and legal regulation related to parental authority
10
Jessep, Owen. "De Facto Relationships and the Law in Papua New Guinea." International and Comparative Law Quarterly 41, no. 2 (April 1992): 460–72. http://dx.doi.org/10.1093/iclqaj/41.2.460.
Повний текст джерела
11
Irani, Freya. "Beyond de jure and de facto boundaries: tracing the imperial geographies of US law." European Journal of International Relations 26, no. 2 (August 20, 2019): 397–418. http://dx.doi.org/10.1177/1354066119869801.
Повний текст джерелаАнотація:
Since 1945, US judges have extended numerous “domestic” US laws (including securities and antitrust laws) to govern economic transactions taking place “abroad”. However, they have generally failed to extend US labor and employment laws to govern employer–employee relationships outside “US territory”. Through a close reading of federal court decisions and drawing on recent work in the field of critical legal studies, this article makes an argument for centering the study of jurisdiction in International Relations scholarship and for approaching states as instantiated in their jurisdictional assertions. I suggest that such an approach enables us to capture the geographies—including the imperial geographies—of US law in the “normal,” everyday course of affairs. In particular, such an approach allows us to see that, since the mid-20th century, the legal authority and legal relations of the US government have come to be organized around the notion of the national economy (rather than simply around, for example, notions of territory or citizenship). What this means is that it is increasingly a posited relationship to this national economy that determines whether people and corporations, wherever in the world they are located, are subjected to or protected by US law.
12
Jessep, Owen, and Richard Chisholm. "De Facto Relationships Law in Australia: Recent Developments in Property Adjustment." Asia Pacific Law Review 3, no. 2 (November 1994): 1–16. http://dx.doi.org/10.1080/18758444.1994.11787991.
Повний текст джерела
13
Cerrito, Marta. "Statuti e cultura giuridica." Tijdschrift voor rechtsgeschiedenis 83, no. 3-4 (December 10, 2015): 440–60. http://dx.doi.org/10.1163/15718190-08334p05.
Повний текст джерелаАнотація:
The purpose of this paper is to demonstrate the crucial role of legal science for the practical side of the law, while analyzing in detail the statutes’ reform of Bergamo (1331). Indeed, the paper discusses the relationship between learned law and practical law during the period of ius commune through the analysis of some relevant quaestiones disputatae regarding criminal transactions. The author seeks to analyze the relationship between the ius puniendi of public authorities and private autonomy in the resolution of criminal cases focusing not only on the Roman sources (C. 2,4,18) but also on the quaestiones ex facto emergentes contained in the collections of Alberto Gandino, Alberico da Rosciate, Alberto Galeotti and Guglielmo Durante.
14
Ginter, Carri, and Piret Schasmin. "Understanding and Effects of EU Directives." Baltic Yearbook of International Law Online 20, no. 1 (December 19, 2022): 67–107. http://dx.doi.org/10.1163/22115897_02001_006.
Повний текст джерелаАнотація:
General principles of law, treaties, the EU Charter of Fundamental Rights, regulations, directives, framework decisions and other sources of EU law have their distinctive nature, which is reflected in their effects on legal relationships. This article focuses on the interrelationship between national and EU law, primarily focusing on the various impacts of directives and framework decisions. The Court of Justice of the European Union (CJEU) has clarified that directives may, in certain situations, have both a vertical direct effect and, in some limited cases, also a de facto incidental horizontal direct effect on a legal relationship. In addition, directives can have a decisive role in interpreting national law. These tools to deal with national and EU law inconsistencies are analysed in detail. The chapter aims to establish a comprehensive understanding of the topic and add the Estonian perspective by providing an insight into the practice of the Estonian courts, which has so far not been available to English- speaking legal scholars.
15
Matnazarova, Yusupova Oysha. "Inheritance Rights Of Spouses In Case Of Factual (De Facto) Termination Of Marriage." American Journal of Political Science Law and Criminology 02, no. 12 (December 31, 2020): 132–38. http://dx.doi.org/10.37547/tajpslc/volume02issue12-20.
Повний текст джерелаАнотація:
Nowadays, tendencies of marriage and family relations in many foreign countries show that factual family relationships are also obtaining great importance along with official marriage between spouses. This fact, in consequence, is influencing on the couple’s rights to inherit. Rapid interstate integration and globalization make it necessary to improve the institute of spouses’ inheritance within inheritance law, that is characterized as a conservative sphere of law. The aim of this research is to improve existing inheritance legislation of the Republic of Uzbekistan by defining the criteria for declaring factual
16
Hing, Vandanet. "The Contemporary Cambodian Constitutional Enforcement." Journal of Southeast Asian Human Rights 3, no. 1 (June 26, 2019): 39. http://dx.doi.org/10.19184/jseahr.v3i1.8406.
Повний текст джерелаАнотація:
Studies conducted on the constitutional law-making process have shown that public participation is a key element of the relationship between the government and its citizens, and legitimizes the whole process. The present paper discusses the relationship between the people and the government on the basis of the Cambodian Constitution, both de jure andde facto. As assessments, it takes the 1993 constitutional making process and the public’s participation thereto. This paper aspires to answer the following questions: firstly, how does the constitutional law-making process impact the exercise of constitutional rights in Cambodia, and, secondly, to what extent does public participation play a role in public affairs, especially insofar as the constitution and law making processes are concerned. It further suggests that the concept of meaningful public consultation on constitution and law making should be incorporated in the Cambodian Constitution.
17
Demers, Robert. "L'actionnaire de facto sous la Loi des corporations commerciales canadiennes." Chronique de jurisprudence 19, no. 4 (April 12, 2005): 1081–89. http://dx.doi.org/10.7202/042287ar.
Повний текст джерелаАнотація:
The right of a de facto shareholder under the Canada Business Corporations Act of becoming a registered holder is specifically dealt with under the statute. Who can be considered as such, however, is not so clear and the rules of common law have to be considered in this context. The basis of de facto relationships in corporate law can be found in the doctrine of estoppel by conduct and the theory of the implied contract. In civil law, as estoppel is unknown, the only foundation left for such a rule is the implied contract. The following note examines these various points from the vista of civilian concepts.
18
Truhan, R. "ON ACCESSORY OBLIGATIONS IN RUSSIAN CIVIL LAW." EurasianUnionScientists 7, no. 1(82) (February 15, 2021): 12–16. http://dx.doi.org/10.31618/esu.2413-9335.2021.7.82.1248.
Повний текст джерелаАнотація:
In the science of civil law, two approaches to the understanding and interpretation of accessory have been formed. The first approach can be defined as the understanding of accessory in the "narrow" sense, the second - in the "broad" sense. Russian civil law contains signs of accessory in the "narrow" sense. For this reason, the problem of the concept of "accessory" is seen, which is subject to the identification of an accessory legal relationship with a security obligation, which in turn impoverishes the idea of the role of accessory in the system of legal relationships. With the development of circulation and the complication of law, examples of accessory legal relations of a different kind appeared that were not related to security obligations, i.e. "Broad" understanding of accessory, which has an auxiliary, secondary nature of the obligation, which can not always have a security focus. Russian arbitration courts have developed a number of rules to make up for the shortcomings of the institution of accessory in Russian civil law, and the possibility of using accessory in the "broad" sense. It is concluded that de jure the concept of accessory in Russian civil law is reflected in the "narrow" sense, and de facto, accessory is applied in the "broad" sense.
19
SINITSYN, SERGEY A. "INSTITUTE OF EXPROPRIATION OF FOREIGN PROPERTY: DE FACTO & DE JURE." Ser-11_2023-3 64, no. 3, 2023 (September 18, 2023): 33–54. http://dx.doi.org/10.55959/msu0130-0113-11-64-3-3.
Повний текст джерелаАнотація:
Not only Russian, but also foreign modern legal science bypasses the issue of the legal nature of the state’s right to expropriate private property. Its limits and limitations are unclear, as are the guarantees of the right to private property. In most cases, the right to expropriate is perceived as a given and the prerogative of the state. However, it is quite obvious that the principle of the certainty of law presupposes the normative clarity of the regimes and types of expropriation, the conditions for its implementation in relation to other restrictions and methods for the forced termination of the right to private property. In conditions of high turbulence in international relations, the question of the correlation between the norms of international, private international and national (domestic) law in determining the mechanism and legal regime of expropriation is especially relevant. Discussions on the relationship between the legal mechanisms of expropriation and nationalization, on the denition of criteria and the very legal nature of the compensation due to a private owner during expropriation do not leave the agenda. Particularly acute is the question of the grounds and forms of international responsibility of states exercising the right to expropriation, both in violation of the general norms and principles of international law, and special in relation to expropriation in relation to the interests and rights of private owners. The attention of the author is focused on this issue in connection with the emerging negative trends in the development of lawmaking in this area, not only at the national, but also at the international level.
20
Akande, Dapo, and Katie A. Johnston. "Human Rights and Resort to Force: Introduction to the Symposium." European Journal of International Law 32, no. 2 (May 1, 2021): 575–78. http://dx.doi.org/10.1093/ejil/chab047.
Повний текст джерелаАнотація:
Abstract While the relationship between the jus in bello and international human rights law has been the subject of considerable debate, less attention has been paid to the relationship between the jus ad bellum and human rights. The United Nations Human Rights Committee’s General Comment 36 on the right to life, adopted on 30 October 2018, brought these questions to the fore with the Committee’s pronouncement that ‘States parties engaged in acts of aggression as defined in international law, resulting in deprivation of life, violate ipso facto article 6 of the Covenant’. The contributions in this Symposium assess three ways of viewing the relationship between the protection of human rights and resort to force. First, the suggestion that resort to force in violation of the jus ad bellum will amount to a violation of the right to life is explored. Second, some contributions examine different arguments as to whether international law permits, justifies or excuses resort to force to protect human rights, and indeed whether it can change to permit such. Third, one contribution examines whether the crime of aggression, as defined in the ICC Statute, covers resort to force to protect human rights.
21
Lareau, André. "Les transferts de biens et les paiements de soutien entre concubins : une analyse des dispositions fiscales." Les Cahiers de droit 24, no. 1 (April 12, 2005): 207–22. http://dx.doi.org/10.7202/042543ar.
Повний текст джерелаАнотація:
Until recently, the Income Tax Act and its provincial counterpart had refused the common law spouses the tax treatment granted to « legal » spouses. Modifications were introduced in two specific areas of the act allowing these « outlaws » firstly a tax-free rollover when properties are transferred between them and secondly a deduction for the payor and a correlative inclusion for the beneficiary when an allowance is paid after the termination of the common law relationship. An analysis of these provisions indicate clearly that the effective scope of the changes will be of limited application since only « de facto » spouses from Ontario will be able to take advantage of them.
22
Moore, Michael S. "Law as Justice." Social Philosophy and Policy 18, no. 1 (2001): 115–45. http://dx.doi.org/10.1017/s0265052500002818.
Повний текст джерелаАнотація:
A perennial question of jurisprudence has been whether there is a relationship between law and morality. Those who believe that there is no such relationship are known as “legal positivists,” while those who hold that some such relationship exists are usually tagged with the label “natural lawyers.” Unfortunately, the latter phrase has been used in quite divergent senses. Sometimes it is used to designate any objectivist position about morality; as often, it labels the view that human nature determines what is objectively good or right; and perhaps as often, it labels the view that some natural facts other than facts about human nature determine what is objectively good or right; and sometimes the label presupposes some divine origins to both morality and human law.
23
Hill, Daniel J. "Could the State do Without Marriage Law?" Ecclesiastical Law Journal 24, no. 2 (April 29, 2022): 123–47. http://dx.doi.org/10.1017/s0956618x22000011.
Повний текст джерелаАнотація:
This article argues that marriage is a divine institution that pre-dates the state, and marriages are supernaturally effected by God consequent on the exchange of marital consent by the parties, whether or not the state recognises them as marriages. In fact, taking note of, and legislating about, marriage thus properly conceived is not within the state's remit. Despite this, the law in England and Wales is involved with the institution of marriage in three main ways: (1) it purports to define marriage, and its entry and exit conditions; (2) it passes laws affording or denying certain legal benefits or penalties on the basis of marital status; and (3) it registers marriages, and in practice imposes or denies the benefits or penalties just mentioned on the basis of registration of marriage, or lack of it. The supernatural action on God's part of creating marriages is not a fit subject for such involvement on the state's part. The underlying exchange of marital consent by the parties is, by contrast, within the state's sphere of competence, but it is argued that the state should be tracking a broader category of relationships than just those involving the exchange of marital consent. It is suggested that all marriage law should be repealed, and replaced by an Australian-style law of de facto relationships. If the law deals with de facto relationships there is no need for it to be involved with the institution of marriage as well, and that institution can be left to flourish outside the state's grasp. The article goes on to respond to some possible objections.
24
Ghanbarian, Behzad, and Frank Male. "Theoretical power-law relationship between permeability and formation factor." Journal of Petroleum Science and Engineering 198 (March 2021): 108249. http://dx.doi.org/10.1016/j.petrol.2020.108249.
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25
Piotrowski, Sophia. "Selectivity in Corporate Tax Matters After World Duty Free: A Tale of Two Consistencies Revisited." Intertax 46, Issue 2 (February 1, 2018): 156–66. http://dx.doi.org/10.54648/taxi2018016.
Повний текст джерелаАнотація:
In World Duty Free Group, the CJEU has reaffirmed that de jure-selectivity requires a derogation from the reference system of taxation giving rise to a different treatment of undertakings that are in a legally and factually comparable situation in light of the objective of the reference system. In corporate tax matters, the reference system is generally the corporate tax system itself. It is thus not necessary to identify a certain group of undertakings as the only ones that can benefit from a tax measure. The CJEU’s emphasis on discrimination in the second step of the selectivity test will not effectively restrict the concept of selectivity. By contrast, the CJEU did not address the internal justification where problems persist which respect to permissible grounds of justification, to the relationship between derogation and justification and finally to proportionality. In World Duty Free Group, the CJEU has also confirmed the existence of a second dimension of selectivity, namely de facto-selectivity. While de jureselectivity amounts to an obligation to design Member States’ tax systems in an internally consistent manner, de facto-selectivity can be understood as an example of the obligation also to adhere to certain external consistency standards.
26
Komissarova, E. G. "THE DOCTRINE OF DE FACTO PARENTHOOD IN RUSSIAN AND FOREIGN FAMILY LAW." Вестник Пермского университета. Юридические науки, no. 2(56) (2022): 208–38. http://dx.doi.org/10.17072/1995-4190-2022-56-208-238.
Повний текст джерелаАнотація:
До ктр и на неп о ср ед ст в ен но го (фа кти ч еско го ) р о ди т ель ст ва ... 209 и правовой ресурс, нежели это традиционно принято считать. Впоследствии она вполне может быть вовлечена в научный дискурс в качестве адаптивной, позволяя предложить законодателю инструменты для краткого внедрения в пространство права фактов со- циального родительства. Выводы: следование идеалу малой нуклеарной семьи как осно- вополагающему нормативному образу, хранимому законодательствами абсолютного большинства стран, не исключает точечного нормативного реагирования на случаи не- посредственного родительства, претендующего на роль социального. По итогам анали- тики правовых систем законодательств разных стран выделены три вида законода- тельных стратегий в регулировании такого родительства: радикальная (США), либе- рально-консервативная (Англия), консервативная (страны Западной Европы). Концепции фактического родительства, существующие в разных странах, не являются ни едины- ми, ни однозначными. Российская юриспруденция пока не готова к учету новых социаль- ных и медицинских событий, выступающих катализаторами для создания полномерной теории родительства в праве. Одним из условий ее создания является принятие роди- тельства в праве не только в качестве того порогового явления, за которым начинают свой отчет родительские права и обязанности, но и явления динамического, претерпе- вающего многообразные видоизменения, касающиеся существования семьи и воспитания ребенка. Ключевые слова: родство; происхождение ребенка; супружеская презумпция; нуклеарная семья; биологическое родство; генетические основания родительства; социальное родительство; законное родительство; родительские презумпции; распад брака; права и обязанности родителей; перестроенные семьи; родительство отчима; сводное родительство; приемное родительство THE DOCTRINE OF DE FACTO PARENTHOOD IN RUSSIAN AND FOREIGN FAMILY LAW E. G. Komissarova Perm State University E-mail: eg-komissarov@yandex.ru Rece iv e d 3 De c 2 0 2 1 Introduction: there is no integral theoretical concept of parenthood in law, and the ques- tion of a possible positive differentiation of this type of status is not discussed. Some aspects of parental theory are sporadically covered in the literature, but, not being embedded in the gen- eral concept of parenthood, they only remain individual judgements. The current situation in Russia can be characterized by high rates of socio-cultural dynamics that entail changes in the forms of family; the intervention of jurisprudence in the established systems of origin of child- ren, Russia’s leading position in the world by the number of divorces. In this context, the legal problems of parenthood are gaining new points of academic interest, going beyond the known formulations of parental rights and responsibilities. Purpose: using interdisciplinary knowledge from sociology, anthropology, and psychology, to substantiate theoretical and methodological guidelines significant for the creation of the theory of parenthood in law; to investigate the con- cept of de facto parenthood as a type that is not based on biological and legal prerequisites; to clarify the relationship of the terms kinship, origin, parenthood, bringing up, used to describe this subject area; to formulate theoretical arguments in favor of referring de facto parenthood to social parenthood. Methods: the method of comparative law study; the inductive method; the method of analysis; the method of legal dogmatics; the phenomenological method; the general scientific method of dialectics. Results: the Russian legislator’s attitude to the phenomenon be- hind the legal concept of ‘de facto raising of a child’ is hopelessly outdated. The strong trace of socialist ideology does not allow one to see the fact that the theory of de facto parenthood carries a much greater social and legal resource than is traditionally assumed. With its subsequent development, it may well be involved in scientific discourse as an adaptive one, making it possi- ble to offer the legislator some tools for introduction of the facts of social parenthood into the legal space. Conclusions: following the ideal of a small nuclear family as a fundamental nor- mative image enshrined in the legislations of the absolute majority of countries, does not ex- clude a selective normative response to cases of de facto parenthood claiming to be social pa- renthood. The analysis of the legislations of different countries have identified three types of legislative strategies in the regulation of such parenthood: radical (USA), liberal-conservative (England), conservative (Western European countries). The concepts of de facto parenthood that exist in different countries are neither uniform nor unambiguous. Russian jurisprudence is not yet ready to take into account new social and medical events that act as catalysts for the creation of a full-scale theory of parenthood in law. One of the conditions for its creation is the acceptance of parenthood in law not only as the threshold phenomenon beyond which parental rights and obligations arise but also as a dynamic phenomenon undergoing diverse modifica- tions concerning the existence of a family and raising children.
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Vadym, Tsiura. "Peculiarities of the relationship of concepts «use» and «hold» in civil law." Legal Ukraine 5, no. 5 (May 26, 2021): 33–39. http://dx.doi.org/10.37749/2308-9636-2021-5(221)-4.
Повний текст джерелаАнотація:
The issues of legal correlation between the terms of «holding» and «usage» according to the national legislation of Ukraine is analyzed in the article. The historical preconditions of formation and legal regulation of the appropriate terms in the legislations of foreign countries in particular such as: Germany, France, the Netherlands, Italy, etc. are researched. At the same time, the European case law in property cases, which characterize the researched terms, is analyzed. It is set that considering applications for violation of Art. 1 of the Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, the court faced not only cases in which the applicants were in fact deprived of their property by expropriation and / or nationalization, but also cases in which such deprivation was deemed to be de facto. The legal nature of the term of «usage» based on the legal regulation of this term in various legal acts of Ukraine, is researched additionally. It is identified that resolving disputes arising from the acquisition of ownership of fruits, produces, income, sowings and plantings, the courts must proceed from the fact that the emergence of ownership of fruits, products, income derived from the use of the thing, the current legislation connects with the use of the thing (Article 775 of the Civil Code of Ukraine), and for sowings and plantings of agricultural and other crops — with the use of land (Article 95 of the Land Code of Ukraine). It is identified that the term «holding a thing» is more common in the countries of the German legal system. In Ukraine, the term «usage of a thing» is used. The ECtHR uses an analogous term, as usage is enshrined in Article 1 of Protocol No. 1 to the Convention for the Protection of Human Rights and Fundamental Freedoms. Also, a significant difference between holding the thing and using the thing is that according to the approach of the legislators of the German legal system and Roman law, the ability of holder to protect the thing is not always enshrined on the normative level. Instead, in Ukraine, the protection of the right to use a thing can be exercised by a person who legally uses it. Key words: civil law, use, possession, Convention for the Protection of Human Rights and Fundamental Freedoms.
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Ogharen, Biokoro Beauty. "The Imperative of Education Law in Secondary School Administrative Practices in Nigeria." Journal of Educational and Social Research 12, no. 2 (March 5, 2022): 324. http://dx.doi.org/10.36941/jesr-2022-0055.
Повний текст джерелаАнотація:
This study examined the imperative of education law in secondary school administrative practices in Nigeria. The study was guided by two research questions and two null hypotheses. The study employed an ex-post facto research design of descriptive survey method to generate data on education law and administrative practices from principals of selected public secondary schools in Nigeria. The random sampling technique was utilized to sample 124 principals. The instrument for data collection was the questionnaire. Findings revealed that knowledge of education law enhances administrative practices in all aspects of the school system. The paper concluded that education law enhances the school principals’ administrative practices in all aspects of the school system. The paper recommended that school administrators should provide enabling environment for a harmonious working relationship with their staff and students by involving them in decision-making process.
Received: 31 October 2021 / Accepted: 31 January 2022 / Published: 5 March 2022
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Jamil, Ali Salman. "The Theory of Actual Employee and De Facto Authority and Its Applicability in Iraq." Journal of AlMaarif University College 31, no. 2 (December 31, 2020): 366–85. http://dx.doi.org/10.51345/.v31i2.259.g178.
Повний текст джерелаАнотація:
The research showed that the French Council of State relied in resolving the conflict between the authority and the citizen on the principles of the Declaration of Human and Citizen Rights as a basis for the principle of legality. He only had them. They are abstract general rules that clarify the basis of the relationship between the citizen and the state, including his rights and duties. The council applied its rules regarding the rulings it issued, whether for the authority or against it. The authority has caved in to that. He also showed that it is impermissible to differentiate between protecting rights in normal and exceptional circumstances. The state is responsible for securing these rights in all circumstances. This is why the board invented the actual employee theory. The basic principles on which the actual employee theory was based have also been studied. The theory is not an exception to the principle of legality, but rather a real application of it. In a state that has taken upon itself to ensure that people enjoy the rights and freedoms stipulated in the constitution. It also clarified that the employee’s organizational relationship with the state requires it to respect his rights stipulated in the law in return for his commitment to his duties that oblige him to apply the law as abstract general rules without bias and deviation. Therefore, it has the right to punish him according to the law. In exchange for his right to appeal the decision to impose the punishment. The judiciary’s decision to cancel the dismissal or dismissal decision obliges the administration to return it to the same legal position. Unless that results in corruption, then you must return him to a center parallel to the first. Without causing him physical or moral harm. The research also showed that what happened in Iraq was a barbaric invasion that was not based on any justification. It expressly contradicts international legality. It has resulted in the abolition of all legitimate institutions of the state and the handing over of power to organizations that have proven practical reality that they are gangs of thieves whose aim is to destroy the state and to violate all prohibited acts. It issued laws that grant themselves privileges and rights that are inconsistent with the principle of legality. And decisions were issued that contradict the public interest. Therefore, citizens and employees should be granted the right to appeal all laws and decisions issued when real authority is established in Iraq. Return all stolen money and stolen rights.
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Lifshitz, Brahyahu. "Israeli Law and Jewish Law — Interaction and Independence." Israel Law Review 24, no. 3-4 (1990): 507–24. http://dx.doi.org/10.1017/s0021223700010049.
Повний текст джерелаАнотація:
Jewish law is an independent legal system embracing most of the subjects to be found in any system of positive law. The hopes and efforts of many people notwithstanding, Israeli law is not identical to Jewish law, nor does it constitute one of its branches. The generally accepted view is that Jewish law is not influenced, nor affected in any way, by the acts of the Israeli legislature or judiciary. There is, however, little doubt that to a certain extent, Israeli law is influenced by Jewish law. It is therefore a legitimate exercise to discuss the nature of the relationship between the two systems from the point of view of Israeli law. We may also comment upon the amount of satisfaction or disappointment which may legitimately be felt, on the one hand, by those in favour of reinforcing the relationship between the two systems and making it stronger and more active and, on the other, by those opposed to such a relationship. It should also be observed that the interrelationship between Israeli and Jewish law is not only to be perceived from the standpoint of pure law. Any discussion of this question involves issues of a political, religious and social nature; a study focussing on the bare legal facts alone would provide a necessarily distorted picture.
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Diveeva, Nelly I., and Fatima K. Nogaylieva. "The notion of transactions in labour law and social security law." Russian Journal of Labour & Law 13 (2023): 106–18. http://dx.doi.org/10.21638/spbu32.2023.107.
Повний текст джерелаАнотація:
The institution of transactions, having gone through a long path of evolution and filling with meanings, has acquired in modern law the quality of a universal means of regulating social relations. The universality and practicality of transactions as a legal means has tangible manifestations in any branch of law, forming, to one degree or another, the distinctive characteristics of the method and mechanism of legal regulation. The essence and place of transactions (and contracts as their varieties) continues to be the subject of discussion, the importance of transactions as legal facts in many industries is underestimated and needs additional scientific analysis. In this article, the authors raise the question of the nature and place of transactions in the system of legal facts, as well as sources of law in labor law and social security law. Using the example of the branches of labor law and social security law, the authors prove that transactions are among the universal general legal means that do not have an exclusively civil law binding. At the same time, the legal regulation of this tool varies from industry to industry. In labor law, the understanding of a transaction as one of the legal means contributes to the formation and development of an employment relationship not as a confrontational relationship, but as a relationship of cooperation, a consensual relationship. Due to the lack of legal equality between the subjects of social security law, their rights and obligations cannot be fully determined by the contract. However, the tendency to expand contractual regulation demonstrates the significant impact of private law on many social security relations (state social assistance, social services, non-state social security).
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Spirin, M. Yu. "Judicial precedent as a formal source of law: theoretical issues." Juridical Journal of Samara University 7, no. 4 (April 11, 2022): 109–16. http://dx.doi.org/10.18287/2542-047x-2021-7-4-109-116.
Повний текст джерелаАнотація:
The article provides a dogmatic analysis of the category judicial precedent as one of the types of formal source of law. The meaning and main types of legal precedent are determined. The construction of the judicial precedent is considered through the prism of its development in English law (common law and law of equity), the substantive features of the stare decisis principle are analyzed as a fundamental basis for the mandatory application of the judicial precedent in practice. An universal definition of a judicial precedent based on the analysis of its essential features is proposed. The author examines the categories ratio decidendi and obiter dictum within the framework of the judicial precedent and analyzes the features of their identification. The article provides a logical relationship between a court decision, judicial practice and judicial precedent, considers the main types of judicial precedent (binding, persuasive, rejected), their substantive features and regulatory significance. A comparison between precedent de jure2 and precedent de facto is made, the value of the interpretation precedent in relation to the construction of the legal position of the highest court is established. The conclusion about the formation of the Russian doctrine of judicial precedent is made both at the level of the general theory of law and in the branches of Russian law.
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Tas, Latif. "How international law impacts on statelessness and citizenship: the case of Kurdish nationalism, conflict and peace." International Journal of Law in Context 12, no. 1 (February 23, 2016): 42–62. http://dx.doi.org/10.1017/s1744552315000385.
Повний текст джерелаАнотація:
AbstractThis paper argues for a new approach to understanding statelessness. It explores the limits of international laws on statelessness and the relationships between statelessness, diaspora and nationalism. It discusses how the condition of statelessness has affected Kurds, and how statelessness has been constructed and experienced at an individual and collective level in the diaspora. It argues for an expanded definition of the international laws of ‘stateless’ person: adding to the accepted de jure and highly contested de facto definitions, by also suggesting a third, new, category of ‘socially stateless’ people. The paper examines the concept of diaspora itself from the perspective of Kurdish interviewees and explores how, for stateless groups like Kurds, ‘living in diaspora’ can mean more than one place, including their land of origin. It will suggest the concept of ‘double’ or ‘multiple’ diasporas, where stateless people do not feel that they belong either to their country of origin or to the country in which they now live. The paper discusses the idea that when an ethnic community is stateless, then even those individuals who have an official nationality, citizenship or passport may often describe themselves as stateless. The relationship between statelessness, diaspora and nationalism is highlighted; and the impact of this on diaspora involvement in homeland politics, conflict and peace is explored. The paper also argues that the lack of protection which international law(s) offer around statelessness paradoxically create new forms of nationalism.
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Guyvan, Petro. "ON THE LEGAL RELATIONSHIP OF THE LEGAL FACTS AND CIVIL LAW TERMS." Scientific Journal of Polonia University 52, no. 3 (August 30, 2022): 132–45. http://dx.doi.org/10.23856/5218.
Повний текст джерелаАнотація:
This scientific work is devoted to the study of the topical issue of the legal nature of such a legal parameter as civil law terms in their relation to legal facts – significant external phenomena in relation to subjective law, which entail the occurrence, change or termination of relevant substantive rights and obligations. languages. In the course of work on the article the author used general scientific and special scientific methods of cognition, in particular formallegal, analysis and synthesis, system-structural, comparative-legal. The paper studies the social relations that develop in the field of temporal regulation of subjective law during its existence in unity and interconnection, as well as considers the dynamics of legal science in the field. The falsity of the scientific thesis on the identification of terms with legal facts, ie external factors influencing the content of law, has been established. On the contrary, as established, the civil term is an intrinsic feature of it, an element of the content of law. In other words, the term determines the time limits of subjective law. That is, the term is not a cause but a consequence of the acquisition (change) of the parties to civil relations of a specific legal status. This concept allows us to consider temporal factors as elements of subjective substantive law and legal relations in general and to determine their place in the system of regulatory mechanism of civil law. The end of the temporal boundaries of subjective law has the same consequences as the completion (exhaustion) of its physical features. Therefore, the circumstance of the expiration of the term, as well as the exhaustion of the physical characteristics of the right, does not cause its termination, but is the same consequence of the legal fact (conclusion of the contract).
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Sciurba, Michele. "The Heart of Know Your Customer Requirements: The Discriminatory Effect of AML and CTF Policies in Times of Counter-Terrorism in the UK." European Journal of Crime, Criminal Law and Criminal Justice 26, no. 3 (August 1, 2018): 222–35. http://dx.doi.org/10.1163/15718174-02603003.
Повний текст джерелаАнотація:
The duties of loyalty and confidentiality are central to the relationship between banks and their customers. In the wake of national and international security concerns, Anti-Money Laundering (AML) and Counter-Terrorism Financing (CTF) legislation have put banks at risk for excessive sanctions and legal liability for failing to comply with these laws. In response, banks have adopted de-risking policies that undermine the banks’ confidential relationship to their customers. In order to limit their own risk, banks act pre-emptively by denying accounts to customers or terminate existing accounts of legitimate customers based on risk profiles. Consequently, banks become de facto extensions of law enforcement. This provides incentives to banks to discriminate against entire groups of customers and to dispense with less profitable customers in the name of mitigating risk. The risk-profiling policies of banks raise civic and human rights concerns, which extend beyond the private relationship between the bank and its customer.
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Moses, JONAH Ngbomowa, and AARON Clinton Chika. "Environmental Accounting Disclosure and Market Value of Listed Food and Beverages Companies in Nigeria." Journal of Accounting and Financial Management 9, no. 6 (September 12, 2023): 65–79. http://dx.doi.org/10.56201/jafm.v9.no6.2023.pg65.79.
Повний текст джерелаАнотація:
The study determined the relationship between environmental accounting disclosure (EAD) and market value of shares listed in food and beverages companies in Nigeria. It adopted an ex-post facto research design, while secondary data collected from 10 selected food and beverages companies listed on Nigeria Stock Exchange Annual Reports were used. Content analysis of environmental accounting disclosure was carried out. Mean, standard deviation, multiple regression and Pearson product-moment correlation were adopted in the analysis of the data, aided by SPSS version 22.0. The empirical findings showed that environmental accounting disclosure (EAD) had a significant relationship with market value of shares. Environmental pollution and control policy (EPC) and cost of compliance with environmental law (CEL) had a positive significant relationship with earnings per share. However, EPC and CEL did not have any influence on book value equity per share. The study concluded that there is a need for firms to disclose environmental accounting information, as it helps to improve the market value of firms.
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Caballero Pérez, Adriana. "Building up a constructive relationship between law and the social sciences to investigate the “CRPD-in-action”: experiences from a descriptive study." Oñati Socio-Legal Series 12, no. 6 (December 1, 2022): 1704–32. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-1358.
Повний текст джерелаАнотація:
Voting rights of persons with disabilities must be ensured by States Parties to the Convention on the Rights of Persons with Disabilities (CRPD). The CRPD sets out legal obligations of States Parties to ensure de jure and de facto realisation of the right to vote by persons with disabilities. How can a disability researcher analyse compliance by States Parties with the CRPD? The present article argues that for achieving a fully developed disability legal scholarship, legal studies about the implementation of the CRPD need to combine the perspectives of jurisprudence and social sciences. Based on the author’s experience in carrying out the ongoing study “Voting Matters”, this article examines an innovative theoretical and methodological framework to understand how the CRPD is implemented through law and policy, and “in practice”. This means to investigate the “CRPD-in-action”. It concludes that this is a challenging task that can be accomplished through an evidence-based approach and a mixed-research design.
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Parkinson, Patrick. "Quantifying the Homemaker Contribution in Family Property Law." Federal Law Review 31, no. 1 (March 2003): 1–55. http://dx.doi.org/10.22145/flr.31.1.1.
Повний текст джерелаАнотація:
A central question in family property law in Australia is how to place a value on the homemaker contribution in comparison with other kinds of contribution. The problem is especially difficult where the property largely consists of assets owned before marriage, acquired by inheritance, or received after separation. This article explores the relevance of the homemaker contribution to property division both in marriages and de facto relationships, challenging the popular assumption that living together per se justifies significant wealth transfers. It is argued that parenthood provides the most important justification for property alteration, and that withdrawal from workforce participation due to the care of children or other family members is the primary concern in evaluating the homemaker contribution. The article then goes on to explore what the homemaker contribution meant when the Family Law Act 1975 (Cth) (‘the Family Law Act’) was enacted, and how that conceptual coherence has become lost over time. There are now two different approaches which have emerged to the quantification of the homemaker contribution in the context of pre-marital property, inheritances, damages awards and property acquired after separation. These approaches are irreconcilable. The approach which is now finding favour in the Full Court of the Family Court is one which makes it impossible for the Court to explain how it has reached its decision on the quantification of the parties' proportionate shares. Furthermore, it is founded on an interpretation of the homemaker contribution that Parliament never intended and has not since authorised. This raises important questions about the legitimacy of the Court's approach to property division under s 79 of the Family Law Act. The article concludes by offering a new interpretation of the role which the homemaker contribution should play in the division of property on relationship breakdown which is consistent with the overall framework of s 79. It involves two distinct considerations of the homemaker contribution. The first is to examine how homemaker contributions should be rewarded. The second is to consider how they should be compensated.
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Kil, Yong-Won, and Myoung-Soon Choi. "De facto Acquisition Date in Case of Disputed Ownership in Real Estate Proceedings: Focused on Supreme Court’s Judgment of May 27, 2021, 2017DU56032." Korean Institute for Aggregate Buildings Law 43 (August 31, 2022): 59–85. http://dx.doi.org/10.55029/kabl.2022.43.59.
Повний текст джерелаАнотація:
Tax law concerned is basically a relationship in which the state demands taxpayers a monetary benefit called tax. For this reason, the judicial principle works strongly. Judicial acts and transactions and the interpretation and application of tax laws are closely related. However, after the tax legal relations are established and finalized, the taxation agency's valuation right is reserved, especially in the finalization, so the taxation authority has the right to self-execute in order to secure the finalized tax claims. It grants privileges such as monitoring and supervision rights. In this respect, there is a debate to clarify the degree of intervention of judicial provisions in tax law relations.
Actual tax law may use the same term but interpret and apply it with different standards from civil law. Typical examples are "acquisition" under the Local Tax Law and "acquisition" under the Civil Code. The issue on this subject is also based on this.
The object of acquisition under the acquisition tax is the ownership of the taxable property. Therefore, in the judiciary, in order to become a property subject to acquisition tax, it is necessary to have requirements such as registration / registration and delivery, but the Local Tax Law that stipulates the taxation requirements for acquisition tax is based on Article 186 of the Civil Code. In addition to the acquisition of ownership, de facto acquisition is also included in the subject of acquisition tax. The "de facto acquisition" of real estate means that even if the real estate is not registered under the Civil Code, in the case of buying and selling, the purchaser can acquire the ownership and use and profit the real estate at any time after the payment of the price etc. is completed.
Recently, the Supreme Court has decided whether or not the acquisition time will be effectively changed if the ownership is disputed in a real estate-related lawsuit. In conclusion, after the acquisition was virtually made by the Local Tax Law and the acquisition time came, I saw that the acquisition time would not be changed when the relevant proceeding was finalized just because a proceeding was filed to dispute the acquisition. Considering the purpose of introducing the concept of acquisition in the Local Tax Law, I think it is a valid judgment.
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Havrik, R. "To the question of the peculiarities of the protection of family rights of persons who are married or other family unions in the practice of the european court of human rights." Uzhhorod National University Herald. Series: Law, no. 63 (August 9, 2021): 119–23. http://dx.doi.org/10.24144/2307-3322.2021.63.21.
Повний текст джерелаАнотація:
In the scientific article the author conducted a scientific study of the protection of family rights of persons who are married or other family unions in the case law of the European Court of Human Rights, in particular such family unions as de facto marriage, separation, civil partnership, we come to the following conclusions.
This legal status is recognized by the European Court of Human Rights as conferring the right to protection against interference with family life, ie it is a family, similar to how a family arises as a result of a registered marriage. In this case, according to the court, the concept of "family" includes the actual family relationship, when the parties live together outside of marriage. A child born as a result of such a relationship is a member of the family from birth and due to the fact of birth. There is a connection between a child and his or her parents that is equivalent to family life, even if at the time of his or her birth the parents no longer lived together or their relationship has ended. Cohabitation is usually a prerequisite for family life, but in exceptional cases, other factors may indicate that specific relationships are stable enough to be considered as actual family ties.
Another type of family union - marriage during the period of separate residence of the spouses, in the case law of the European Court of Human Rights is somewhat weak and usually concerns the possibility to use the procedure of separation, but the court recognizes that the spouses have an inalienable right to initiating such a procedure.
Until 2010, the European Court of Human Rights generally showed a rather restrained attitude towards this type of relationship as same-sex, not recognizing them as family, but after 2010, given the rapid liberalization of the prevailing public morality regarding same-sex relations in Europe, the European Court on human rights could not deny that the relationship of such couples is essentially "family life".
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Langenfeld, Kathryn A. "Imperial Crisis Response and the Antiochene Magic and Treason Trials of 372 CE." Studies in Late Antiquity 7, no. 2 (2023): 242–85. http://dx.doi.org/10.1525/sla.2023.7.2.242.
Повний текст джерелаАнотація:
The writings of Ammianus Marcellinus, Libanius, and John Chrysostom have enshrined the Antiochene treason and magic investigations conducted under Emperor Valens in 372 CE as a testament to the ruler’s excessive paranoia and poor relationship with the eastern metropolis. By reexamining these three authors’ allegations of judicial corruption and abusive policing during the trials, this article contends that Valens’s response to the crisis was leveraged with far more legality, moderation, and success than often discussed. The rigorous tactics implemented during the trials demonstrate Valens and his administration’s intent to counter potential sedition among Antioch’s citizenry with the full brunt of Roman law and military action. Comparisons with legal precedents reveal, however, that Valens’s administration balanced these stern deterrents with deference to the law and attempted to assuage Antiochene interests throughout the investigations. Antiochene lobbying efforts were also more impactful in mitigating the imperial response, as demonstrated by Chrysostom’s account of a public protest that successfully petitioned Valens to pardon one of the accused. This article concludes that this pardon and Valens’s application of moderated or commuted sentences throughout the trials indicate his efforts to maintain a constructive imperial-urban relationship with the Antiochene populace. This conclusion not only forces a reconsideration of Valens’s relationship with his de facto imperial capital throughout the trials but also indicates the dangers of relying too heavily on literary interpretations of Valens’s reign.
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Zubarev, Sergei M. "On the relationship between the act of management and the law in new realities." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 45 (2022): 66–87. http://dx.doi.org/10.17223/22253513/45/5.
Повний текст джерелаАнотація:
The article deals with the problem of the correlation between the act of management and the law in domestic jurisprudence. Based on a systematic analysis using historical-legal, formal-legal and comparative-legal methods, the dominance of the law over the acts of management in the doctrine of administrative law and normative sources has been substantiated. At the same time, in modern Russia, there are situations when acts of management begin to play a leading role in the system of legal regulation. In the context of new realities, the author analyzed both trends in the development of legal acts of management and the risks associated with this process. The study resulted in the following conclusions: - today the legal act of management is both the basic element of public administration as management decision, and one of the key institutions of administrative law as management law; - new issues requiring scientific and regulatory resolution are: 1) wider use of the term "act of management", its adaptation in relation to the norm-setting of various subjects and levels of a single system of public power; 2) determination of the essence and place in the system of legal acts of management of their new types (instructions of the President of the Russian Federation; acts containing explanations of legislation and having regulatory properties; documents of strategic planning); 3) systematization of the types of legal acts of management and their legal status. - in post-Soviet Russia, there were situations when acts of management came to the fore, replacing (replacing) legislative regulation in the most important areas of public relations: the 1990s, when "law-substituting" decrees of the President of the Russian Federation were adopted on many important issues; pandemic conditions. The Constitutional Court of the Russian Federation confirmed the legitimacy of such regulation in the first and second cases. - in the conditions of unprecedented external economic pressure on the country in late February - early March 2022, the acts of the President of the Russian Federation introduced special economic measures in connection with the unfriendly actions of foreign states. Many provisions of the decrees contain not only serious restrictions on the rights and freedoms of individuals and legal entities, but also suspend the operation of certain legislative norms. However, the issuance of the relevant acts by the head of state is expressly provided for in the norms of the federal laws "On Security" and "On Special Economic Measures". Currently, acts of management occupy a de facto dominant position in the legal system of Russia. The positive thing here is that they allow us to respond quickly to new challenges, those unprecedented measures of sanction pressure that Russia is facing today. However, there are significant risks of such domination: legal, political, economic, organizational and technical, social, etc. The most expedient to minimize these risks seems to strengthen, maybe even "mobilize" control over the adoption and implementation of management acts by both state and public structures. The author declares no conflicts of interests.
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Cała-Wacinkiewicz, Ewelina. "Homelessness Against the Principle of Indivisibility of Human Rights." Teka Komisji Prawniczej PAN Oddział w Lublinie 14, no. 1 (July 21, 2022): 67–76. http://dx.doi.org/10.32084/tekapr.2021.14.1-7.
Повний текст джерелаАнотація:
The main aim of this study is to present homelessness against international human rights law, whilst assessing the state of regulations in force and pointing out whether they sufficiently protect homeless persons as a group which requires special legal protection. At the same time, the analysis will confirm or falsify the research hypothesis which asks us to ponder on whether (and if yes – why) homelessness violates the principle of indivisibility of human rights in a particular way and whether it should be examined as such. Does homelessness per se – violating inherent human dignity – negate the essence of human rights and de facto exclude the possibility of exercising some of them? Formulation of this hypothesis implicates a question about the relationship between homelessness and indivisibility of human rights. Verification of the above hypothesis will outline the scope of further reflections carried out on the basis of the analytical method and by interpretation of the law in force, supported by the statistical method.
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Denysenko, A. O., and I. V. Pavlovska. "RELATIONSHIP OF DAUGHTER-IN-LAW AND MOTHER-IN-LAW AS A RISK FACTOR FOR FAMILY WELL-BEING." Habitus, no. 27 (2021): 189–95. http://dx.doi.org/10.32843/2663-5208.2021.27.32.
Повний текст джерела
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Erokhin, Alexey K. "PHILOSOPHY OF LAW AS A PRACTICAL EXPRESSION OF SOCIAL IDEALS." Sovremennye issledovaniya sotsialnykh problem 14, no. 3 (October 31, 2022): 110–21. http://dx.doi.org/10.12731/2077-1770-2022-14-3-110-121.
Повний текст джерелаАнотація:
Background. Philosophy of law is a branch of philosophy that studies the nature of law, especially in its relation to human values, relationships, and practice. The points of views to the nature of law often depend on the philosophical position taken by a particular philosopher or group of philosophers. As a result, legal philosophy becomes the object of heated discussions, the main feature of which is reduced to the question of what is due and being, i.e. can and should positivist law replace the traditional values developed by mankind as regulators of behavior and relationships.
Purpose. The purpose of the article is to determine the relationship between the philosophy of law as a “special” or “private” discipline and “general” philosophy. The subject of the study is the philosophical ideas of a rational approach to law as a practice.
Methods. The research method is the analysis of scientific literature and philosophical reflection.
Conclusions. In the philosophy of law the decisive factor is not so much its attitude to general philosophy, but the relationship between the philosophy of law and the law itself.
Results. The effectiveness of the work done lies in the fact that the findings allow us to consider the philosophy of law as a practical philosophy. The results obtained can be used in further practical and theoretical studies of philosophy and theory of law.
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Kalinowski, Marek, and Ewa Prejs. "Developing the Concept of a Tax Law Relationship – Assumptions Concerning Scientific Research on this Issue." Financial Law Review, no. 24 (4) (December 30, 2021): 102–21. http://dx.doi.org/10.4467/22996834flr.21.035.15402.
Повний текст джерелаАнотація:
The concept of legal relationship is a tool that lawyers use to describe the legal situation in which entities find themselves due to applicable legal norms. It is therefore a tool for practical analysis of legal norms. The concept of a legal relationship and other legal concepts related to it are used by a lawyer to determine what rights and obligations a particular entity has in a given legal system in relation to the situation of another entity. In other words, it serves to describe the interdependence of the legal situation of entities due to applicable legal norms. Analysis of the legal relationship and related concepts are also useful for researching the behavior of some entities towards others due to applicable legal norms. The concept of legal relationship and the concepts associated with it are therefore a tool for analyzing law in action, thanks to which it is possible to solve a number of legal problems arising in the practice of applying law. It is important for those branches of law in which there are correlations between legal situations of entities of these branches of law. Therefore, it is also important for the tax law and tax research, in which there are relations between the state and taxpayers and other entities of tax law. Although from the most general point of view the structure of the legal relationship may seem to be very similar, however, legal relations in particular branches of law have their own characteristics. This diversity results from the fact that the content of elements determining specific legal relations in these branches of law is different, such as: the subject of the law, facts causing the creation and termination of the legal relationship as well as the content of the rights and obligations of the parties to this relationship. Research on these elements of the legal relationship allows to achieve specific theoretical and practical goals. Due to the fact that they are embedded in applicable law, they allow to build a model of legal relationship, which becomes a tool for practical analysis of applicable law. Secondly, their study allows to deepen knowledge of the characteristics of individual elements of this relationship, such as the subjects of this right. Thanks to this, it is possible to decide what features an entity should have to be able to become the owner of the rights or obligations of a given branch of law, including tax law. The structure of subjectivity in this branch of law is significantly different from the legal subjectivity of civil law. They also allow to catch the relationships between individual rights and individual rights and obligations regulated in a given branch of law. Finally, they allow to understand the premises that give rise to the rights and obligations incumbent on the subjects of a given branch of law. This in turn allows for an in-depth analysis of the tax law norms themselves, as well as views on individual institutions of this law and their critical analysis, as well as a critical analysis of the views of case law on these legal institutions. In the field of tax law science of various countries, models of a tax law relationship have been already created, which allow ordering and analysis of tax law norms. However, many other countries as the Polish tax law science did not pay much attention to this issue of tax law. Therefore, in many countries the most general model of tax law relationship created by the theory of law is used. The same has happened in Polish tax law science. However, this is an insufficient model, as it requires taking into account the state of tax legislation and the specifics of its regulations. Hence, considerations of tax law doctrine’s sometimes lack consistency due to the lack of an appropriate research tool in the form of a tax law relationship model. They also often conflict with each other, because the starting points for the analyses are different. Therefore, further research on tax law relationship is necessary in this field. This paper presents the assumptions concerning scientific research on developing the concept of a tax law relationship.
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DWIYANTI, Retno, SUWARTI SUWARTI, and Tri NAIMAH. "The Role of Organizational Culture Factors to Psychological Contracts (Transactional Contracts, Balance Contracts, and Relational Contracts)." Journal of Advanced Research in Law and Economics 9, no. 8 (December 1, 2019): 2570. http://dx.doi.org/10.14505//jarle.v9.8(38).06.
Повний текст джерелаАнотація:
The exchange of relationships between employees and firms is influenced by the beliefs and values that hold the human resources in carrying out its obligations and its behavior within the organization. This study aims to determine how big the relationship and the role of organizational culture to psychological contracts. Data were collected using two scales, namely organizational culture scale, and psychological contract scale. The results showed that there was a very significant relationship between organizational culture and psychological contracts, with an effective contribution of 5.047 percent. Based on the analysis of the relationship between organizational culture factors with psychological contracts can be shown the result that the organizational identity factor has a positive and very significant relationship with the psychological contract, with an effective contribution of 10.609 percent. The results also show that the organizational identity factor has a positive and very significant relationship with the transactional psychological contract. The organizational identity factor has a positive and significant relationship with the balance psychological contract. Collective commitment factor and Stability of social system have a positive and very significant relationship with balance psychological contract. Collective commitment factors have a positive and highly significant relationship with the relational psychological contract.
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Zaitsev, Yu K. "Verification of Okun’s Law on Russian Data." Finance: Theory and Practice 26, no. 4 (September 11, 2022): 199–210. http://dx.doi.org/10.26794/2587-5671-2022-26-4-199-210.
Повний текст джерелаАнотація:
The purpose of the study is to assess the empirical relationship between economic growth and unemployment in the Russian economy. The research methodology is based on an econometric analysis of time series representing data on unemployment and economic growth to identify an empirical relationship between these variables. In the article continued the work on identifying the relationship between the unemployment rate and GDP in Russia based on empirical data. Based on the results of the optimal length model, the long-term Okun coefficient describing the relationship between GDP and unemployment is calculated. As a result of the empirical assessment, the Okun coefficient was obtained equal to 0.87, which is consistent with previous studies based on the data of the Russian economy. The discrepancies can be explained by the pandemic factor in 2020. It is concluded that the value of the long-term Okun coefficient confirms the stable relationship between GDP and the unemployment rate. However, its value for Russia is somewhat inferior to estimates for most developed countries and is comparable to indicators for emerging market countries. The results of the study can be used in the construction of short-term forecasts of the response of unemployment to changes in GDP, as well as in the development of macroeconomic policy measures in Russia as a whole.
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Rahmatullah, Muhammad Ahmad. "ANALISIS ASAS ULTRA PETITUM PARTIUM DALAM PERKARA CERAI TALAK No. 30/Pdt.G/2016/PA.Prg. DI PENGADILAN AGAMA PINRANG KELAS IB." SANGAJI: Jurnal Pemikiran Syariah dan Hukum 2, no. 1 (August 16, 2019): 89–107. http://dx.doi.org/10.52266/sangaji.v2i1.264.
Повний текст джерелаАнотація:
The study examines The ultra petitum partium principle in the divorce case No.30/Pdt.G/2016/PA.Prg. at Pinrang Class 1B Religious Court, based on the implementation analysis of ultra petitum partium principle in the divorce case No.30/Pdt.G/2016/PA.Prg. at Pinrang Class1B Religious Court, still on the right track although deviating from what has been outlined in the Islamic Law Compilation (ILC) as in the petitum of the Judge’s petition punishes the former husband by imposing the living of iddah and mut'ah based on the ex officio right of the judge in the marriage which is legally no relationship occured between husband and wife (qabla al-dukhūl) whereas the provisions of the judge may exclude the prohibition of imposing a verdict beyond the demands of the parties if the case has occurred an intercourse (ba’da al-dukhūl) as contained in (ILC) article 149 letters (a) and (b), on the consequences of the breaking up of marriage. While the basic consideration of judges used in the divorce case No.30/Pdt.G/2016/ PA.Prg among others: 1) Marriage Act (Act No. 1 of 1974) is a lex specialis rule, 2) Judges have the authority to creating law (judge made law), 3) The judge’s considered faktor de facto to grant the petition whithout claim (4) Compilation of Islamic Law, article 149 letters (a) and (b), on the results of marriage breakup.
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Lewandowski, A. "PUBLIC LAW CONTRACT IN GERMAN ADMINISTRATIVE LAW." Constitutional State, no. 47 (October 18, 2022): 29–39. http://dx.doi.org/10.18524/2411-2054.2022.47.265281.
Повний текст джерелаАнотація:
The article focuses on the public-law contract in German law. It considers the relationship between the public-law contract and the administrative act in the context of the principle of freedom of choice of form of action of the administrative authorities. It analyses the legal basis of the public law contract. First of all, these covers § 54 of the Administrative Procedure Act as the central norm of the public law contract. Issues relating to the limitations in the enforcement of § 54 are also outlined. In addition, the constitutional background of the public contract is discussed. Particular attention is paid to the principle of lawfulness of government action and its two main components: the rule of law and the principle of compliance with the law, which have a varying impact on the public-law contract. The article also considers the dual nature of public-law contracts, which is primarily due to the fact that the public-law contract itself is directly a figure of both procedural and substantive law. Distinctive features of a public-law contract in the context of its differentiation from the other forms of implementation by administrative authorities of their powers are analyzed. First of all, it affects the administrative act on demand as the closest to the public-law contract type of its external manifestations. The same applies to an administrative act with additional conditions, since it has misleading characteristics similar to a contractual relationship. The subject matter of the contract itself was analyzed as a decisive factor enabling it to be classed as a contract entered into in the field of public administrative law. The role of the theory of special law and its impact on the process of identifying the public law contract was examined. In this regard, the limping mutual contract as a special form of a public-law contract has been defused. A special place in the article is given to the issues of terminology. It is concluded that Ukrainian administrative law has no analogues and similar approach not only to the question of classification but also to the correlation of the considered notions developed by German administrative law.