The study discusses the issue of the date and prerequisites for Hades to acquire the legal status of a Roman municipality. Based on information from ancient authors and urban inscriptions, an assumption has been made about the period of the emergence of the Roman system of self-government in the city and the granting of municipal status to it. Some researchers are inclined to recognize that Hades received the status of a municipality from Caesar, while others attribute this act to the era of Augustus, seeing Caesar’s activity as an intermediate stage in the formation of the legal status of the city. In the course of the study, the author came to the conclusion that Hades received the status of a municipality in 49 BC under Caesar both as a result of the city’s previous position as an ally of the Roman people, and as part of Caesar’s civil law policy aimed at spreading Roman citizenship in the provinces and integrating local communities into the Roman system of public relations.
This study examines the legal and policy frameworks for the protection of vulnerable children in Nigeria, assessing the extent to which national and international instruments safeguard their rights and welfare. Key legal frameworks, including the Child Rights Act 2003, the Nigerian Constitution (1999, as amended), the Criminal and Penal Codes, the Trafficking in Persons (Prohibition) Law, the Nigeria Labour Act, and the Violence Against Persons (Prohibition) Act 2015, are analysed alongside international instruments such as the United Nations Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC). The study highlights the multi-dimensional nature of child vulnerability in Nigeria, including poverty, displacement, harmful cultural practices, and inadequate enforcement of child protection laws. Despite the existence of comprehensive legal frameworks, gaps persist due to weak institutional capacity, uneven domestication of laws, and limited public awareness. The paper recommends strengthening legislative provisions, enhancing enforcement mechanisms, promoting public education on child rights, and fostering collaborative partnerships among government agencies, civil society, and international organizations. The findings underscore the need for a holistic, multi-sectoral approach to ensure the effective protection and welfare of Nigeria’s most vulnerable children.
O direito à morte digna, compreendido como o acesso voluntário do paciente a procedimentos de terminação antecipada da vida, como a eutanásia e o suicídio assistido, vem ganhando espaço nas discussões legislativas e jurídicas ao redor do globo. Esta subjacente realidade implica o seguinte questionamento: como compatibilizar o direito subjetivo de exercício da morte assistida com uma ordem jurídica internacional que consagra o direito à vida? Com a delimitação desta problemática, a presente pesquisa objetiva apresentar uma justificativa que permita uma compatibilização entre o acesso ao direito à morte digna e o direito à vida, a partir de uma abordagem que compreenda o caráter dúplice deste direito. Com o intuito de cumprimento do objetivo definido, emprega-se uma técnica de pesquisa bibliográfica, documental e jurisprudencial, fazendo-se uso de um método de procedimento jurisprudencial e normativo-descritivo. Para tanto, partir-se-á de uma fundamentação ortodoxa do direito à vida, baseada, em um primeiro momento, em um caráter privatista, para, em um segundo momento, apresentar a evolução conceitual do referido direito, inaugurada no Pós-Guerra. Ao final, apresenta-se uma conclusão de que a concepção atual do direito à vida compreende um caráter dúplice, o qual visa garantir uma vida digna para o cidadão, a partir disso, perseguir os rumos que deseja seguir para alcançar uma vida que vale a pena ser vivida. Garantidos estes direitos, o cidadão é livre para exercer, de modo autônomo, o seu direito a morrer com dignidade, caso garantidos parâmetros de aferição do consentimento livre e informado.
Law in general. Comparative and uniform law. Jurisprudence, Civil law
Introduction: Making agreements in Indonesia can be done in written and unwritten form. This is in accordance with the principle of freedom of contract in the Civil Code. Unwritten agreements are also very often carried out in the business world because they are more efficient. However, unwritten agreements are problematic because they are very difficult to prove in civil court.Purposes of the Research: There are 2 (two) objectives in this research, namely first, to analyze the legal strength of unwritten agreements from the perspective of civil law books and second, to analyze evidence in civil courts for cases of breach of contract in unwritten agreements. Then to find the right legal solution in resolving default problems in civil court.Methods of the Research: The research method used in this research is normative juridical. This method uses literature study techniques. The type of data used comes from primary data, namely the Civil Code and legal principles, namely freedom of contract. then the secondary legal material used is in the form of previous research articles which examine the validity of unwritten agreements.Results of the Research: Based on the research results, it was found that unwritten agreements have binding legal force. However, in reality it is very difficult to prove it in court because evidence in civil law comes from written letters. Therefore, the solution that can be offered is the need for preventive and repressive legal efforts.
The paper analyzes mediation as an alternative dispute resolution tool in national civil legislation, taking into account international experience. The consequences of martial law in Ukraine, in addition to the general negative impact on the economy and social relations in the state, created limited access to judiciary resources, which prompted the search for effective ways to resolve the dispute. The aspiration for European integration has determined the vector of rebuilding Ukraine to increase public confidence in the institution of law, guaranteeing rights, freedoms, and legitimate interests. One of the challenges to the restoration of our state is the development of an area for implementing mediation in the national legal dispute resolution system, ensuring its broad support by interested parties and civil society. The primary purpose of mediation in dispute resolution is to find a solution that would satisfy all parties and maintain, preserve, or restore productive relations between the parties. The introduction and development of mediation in the Ukrainian legal space require institutional support and dissemination of positive international practices. The fundamental principles of legal regulation of mediation are to ensure the necessary standards with minimal state interference in these relations and to provide the parties to the dispute with maximum freedom and the ability to dispose of their rights.
Law, Law in general. Comparative and uniform law. Jurisprudence
Investigation findings and information obtained as a consequence of investigations cannot be treated as state secrets or utilized as evidence in court. This principle, which is followed by international aviation law, has generated controversy in Indonesian law enforcement practices, particularly when it comes to criminal and civil procedural laws, which acknowledge that the findings of investigations can serve as a foundation for further inquiries to identify suspects. The study’s findings revealed that, first, the ad hoc team’s philosophical investigation of space accidents within the framework of international law aims to determine the causes of spacecraft accidents to ensure that they don’t happen again in the future within the context of the main legal goal of benefit and justice for more people (the most people with the most happiness possible). While compensation claims are based on liability and without error (strict liability), police investigations as described in Articles 95 through 100 are intended to find criminal acts in space activities. There is no functional relationship between the two processes, so the findings of police or special team investigations cannot be used as the basis for carrying out legal actions. Given the obvious differences between the team’s investigation and the police’s investigation, there must be coordination between the technical team of the ministry and the police regarding the responsibilities and functions of these two institutions, each of which has a unique position and set of legal obligations. With this knowledge, it is believed that there won’t be any criminal prosecutions brought against the crews of spacecraft, similar to those brought against pilots in situations involving aviation accidents.
Islamic law, Jurisprudence. Philosophy and theory of law
This study aimed to analyze the distribution of joint assets after divorce according to the Compilation of Islamic Law and Marriage Law, as well as judges' considerations regarding the distribution of joint assets in the Bojonegoro Religious Court Decision Number 521/Pdt.G/2018/PA.Bjn. This study used normative juridical research with a statutory approach. The data source was from secondary legal materials—data collection techniques using literature study and analyzed by descriptive techniques. The study results indicated that the Marriage Law did not determine the amount of the distribution of joint property if the husband and wife divorced. According to Article 37 of the Marriage Law, the distribution of joint property after divorce could be based on religious law, customary law, and other laws chosen by each party. According to the Compilation of Islamic Law, the amount of the distribution of joint property after the divorce was one-half of the joint property if there was no marriage agreement. The judge adjudicated the case of the distribution of joint assets in the Bojonegoro Religious Court Decision Number 521/Pdt.G/2018/PA.Bjn gave the defendant and the plaintiff the right under Indonesian laws in a fair way.
Law in general. Comparative and uniform law. Jurisprudence, Social sciences (General)
Traditionally, civil law has been viewed as remaining a mere outline or even totally absent in early Chinese law. In this view, civil law constitutes a specifically modern and Western product inappropriate for analyzing the law of ancient Chinese dynasties. This point of view lives on in most contemporary legal history textbooks. However, already at the turn to the 20th century, some late Imperial and early Republican scholars and practitioners drew on the civil–criminal distinction in order to propose legal reforms, thus initiating the vernacularization of civil law in China. Recently, excavated bamboo slips containing ancient Chinese legal texts cast even more doubt on the supposed lack and scarcity of early Chinese civil law. Zhang Chaoyang’s book The Construction of Early Chinese Civil Law offers methodical tools to theorize these insights and to overcome the flaws of contemporary descriptions of early Chinese civil law: Zhang’s new method of localization analyzes the Chinese vernacularization of civil law by situating this civil law in China’s own ancient legal history, identifying both the substantive principles and formal features of the early legal system. This essay critically discusses Zhang’s thesis and investigates in what respect the ‘early Chinese civil law’ can indeed be called civil and law. It thereby arrives at some methodological guidelines and caveats for the modern researcher of early Chinese civil law.
Law in general. Comparative and uniform law. Jurisprudence
Discute-se a relação entre o reconhecimento voluntário de filiação socioafetiva, regulado pelo Provimento n. 63/2017 do CNJ, e a “adoção à brasileira”. Considerando as semelhanças entre os fenômenos, objetiva averiguar se referido Provimento legalizou a adoção simulada. Aclara as diferenças entre as duas situações à luz da jurisprudência do STJ e conclui que a adoção à brasileira continua sendo repudiada pelo Estado, pois mantidas as reprovações penais e civis da conduta.
In all private actions, recognition of parties to the action is of a significant importance. Purpose of this research is to recognize parties to an action for damage due to a crime and their successors. It is necessary to recognize parties who may, besides filing criminal action, file a civil action in the criminal court related to damages of a crime, since according to general principles governing Civil Procedures Law, if claimant or his/her successor is not considered as a beneficiary in the filed action, or if the action has no regard with the defendant, it would result in abatement of action, and if the claimant does not file the action in competent courts based on rules and regulations, it would result in judicial disqualification. Findings of this research indicate that generally, parties to a private action due to a crime are comprised of four groups including Personal claimant (victim of a crime who has undergone damages due to the crime); Successors of the personal claimant (including 1. Heirs of the victim, 2. Creditors, 3. Legal persons); Personal defendant (committer of the crime or his/her accomplice), Successors of the personal defendant (heirs, debtors, and persons with civil liability).
With a social approach, this paper aims to understand insurance contracts whilst analyzing it under the premise of the democratic state of law. Additionally, this study explores the influence of the constitution’s principles in a contract’s execution, investigates the party’s contractual obligations and examines the most appropriate interpretative form of analysis for the insurance pact in accordance with the notion of social responsibility. Furthermore, this research concludes that insurers can promote social responsibility in market performance – specifically with its policyholders.
Clemency and rehabilitation as the pardoning belong to the President’s prerogatives based on the attributie and discretion authority in consideration to endorse or to reject them. In the implementation of the prerogatives of the Presidential Decree (beschikking), the President should impose it wisely (guided by Principles of Algemene Beginselen Van Behoerlijk Bestuur) and by the concept of law (rechtmatigeheid). But in fact, politically there was “abuse of power” (detournement de povoir) and as if it were the President’s prerogatives in the field of discretion. It can be seen from the endorsement of Antasari Azhar clemency through the Presidential Decree No. 1 / G / 2017 dated on January 16, Th 2017, whereas in Antasari Azhar previous application for the clemency was rejected by the President pursuant to the Presidential Decree No.27 / G / 2015 dated on 27 July, Th 2015. As we all know the clemency application may strictly be purposed merely (1) onces (lex stricta, lex scripta, lex certa) as stipulated in Article 2 paragraph (3) of the Act No. 22 of 2002 as amended by the Act No. 5 of 2010 about clemency.
The paper highlights the problems associated with the processes of criminalization in the Russian society and corruption in the machinery of the government. The development of social institutions of the civil community, the strengthening of law and order, the adoption of special measures in public policy against criminalization and corruption is the priority task for the regional and Federal authorities of theRussian Federation.
History of Russia. Soviet Union. Former Soviet Republics, Psychology
The Act No. 28 of 2009 of Regional Tax and Retribution is intended to support regional head through tax sector in order to conduct implementation of regional autonomy. There are significant changes in the new law among others are transfer of BPHTB as Districts Tax and implementation of close list system.Implementation of closed list system has several weaknesses such as local government unable to act much if there are provisions of multiple interpretations, which disadvantage the region. Such thing should be demonstrate on regulation related to BPHTB therefore it will create implication of regional disadvantage.