Hasil untuk "Civil law"

Fabio Calheiros do Nascimento, Mariana Almirão Sousa Schedeloski

Há divergência doutrinária acerca da natureza jurídica da partilha em vida há muito tempo, por isso esse importante instituto deixa de ocupar o espaço que lhe foi reservado pela lei, o que é especialmente ruim em tempos de planejamento sucessório crescente. Considerando que está sob análise do Congresso Nacional um projeto de lei que objetiva alterar o Código Civil, é o momento de verificar cuidadosamente os pontos que causam essa insegurança jurídica. O presente artigo tem por objetivo demonstrar que a partilha em vida é um negócio autônomo, espécie do gênero partilha, por isso não é sui generis, e não se confunde nem com a doação nem com o testamento.

Masashi Ichiki

This study investigates six statues of Zheng Chenggong, revered as a “national hero” in both the People’s Republic of China and the Republic of China. Rather than focusing on Zheng’s biography, the paper analyzes these monuments as lieux de mémoire in Pierre Nora’s sense—sites through which national memory and collective identity are embodied, negotiated, and contested. By examining not only the statues’ physical form but also their scale, location, and circumstances of construction, the study interprets them as visual and spatial media through which China and Taiwan have articulated competing historical narratives and political aspirations. The analysis demonstrates that the three statues erected in China from the late 1980s depict a martial figure facing east, while the three statues constructed in Taiwan during the period of martial law portray Zheng in civil attire facing west. These contrasting representations reveal the distinct imaginations at work in the two societies. Viewed across the Taiwan Strait, the monuments appear to confront one another, symbolizing Taiwan’s aspiration for a counteroffensive against the mainland on one side, and China’s affirmation of the One-China Principle on the other. The findings suggest that Zheng Chenggong statues function as vessels into which political power projects its values and ambitions. Ultimately, the guiding question, “What does Zheng Chenggong see?” becomes the more fundamental inquiry: “What does each society see in Zheng Chenggong?”

Nurwita Ismail, Karim Polontalo

The implementation of the merit system in the management of the State Civil Apparatus (ASN) presents a significant legal issue in the context of ongoing bureaucratic reform in Indonesia. This study analyses the legal framework and evaluates the practical application of the merit system following the dissolution of the State Civil Apparatus Commission (KASN). The transfer of supervisory authority to executive institutions has raised legal concerns related to potential overlap of authority, lack of binding control, and weakened legal accountability. Using a combination of normative juridical and socio-legal research methods, the study identifies two key priorities: the necessity of establishing a legally autonomous institution to oversee the implementation of merit principles, and the development of digital competencies among civil servants to support bureaucratic transformation. The research contributes to the field of administrative law by emphasising the importance of legal certainty and institutional independence. For international readers, this study offers insight into the legal challenges of civil service reform in a developing democratic context.

Jane Maria Octavia, Ana Silviana

Introduction: A problem that often occurs in connection with the implementation of the duties of a Notary is if there is a Notarial deed that is faulted by the parties, especially if the parties come to the Notary with false information or fake evidence. Purposes of the Research: This research aims to analyze the validity of a notary's statement which is based on evidence that is declared to be fake and legal protection for notaries for fake statements. Methods of the Research: This research uses normative legal research methods by looking for solutions and legal issues that arise, which will be achieved and then provide predictions. Legal approach and conceptual approach, with primary and secondary legal materials. Results of the Research: Based on Supreme Court Decision Number 702/J/Sip/1973 dated September 5 1973, the Notary who recorded what was shown and conveyed by the person facing, there is no obligation for the notary to investigate materially. In this way, the Notary is not asked to be held responsible for losses incurred because the parties provided false information.

Nasrullah, Sihabudin, Dewantara R. et al.

In general, 2 (two) areas of law—civil and criminal—are used to regulate the Limited Company's liability as a bankrupt debtor. These laws are Law Number 40 Year 2007 about Limited Company and Law Number 37 Year 2004 about Bankruptcy and the Postponement of Debt Payment Obligations. In the Limited Company's bankruptcy settlement, these two laws are inextricably linked. From a civil perspective, if the Limited Company's debt is less than its assets, the entire debt may be returned to the creditors to allow for the company to undergo rehabilitation. However, if the debt exceeds its assets, it is undoubtedly not possible to return the entire debt to the creditors in order to allow the curator to dissolve the business through liquidation. Regarding the criminal side, the corporate organs, the Board of Directors and the Commissioners, may face jail time as a form of liability. The issue raised in this study is that Multiple or Separate-Editors are not yet protected by law in the event that a company is declared bankrupt and unable to pay its debts in full, which could reflect Justice Value. This study employed a juridical-empirical research methodology, utilizing a sociological juridical approach (Socio-Legal Approach) in qualitative research. The study's findings suggest that the priority in getting their accounts repaid at this time belongs to the separate creditors in the company's bankruptcy.

Aleksandr V. Teterin

Stable development and security of the Arctic zone of Russia demand effective resolution and prevention of conflicts. The purpose of this study is to determine the main parameters of the legal model for the prevention and resolution of conflicts, including the development of methodological foundations and the elaboration of the terminological field. The main research methods are legal modeling and special methods of conflict research conducted by general, legal and constitutional conflictology. The main conclusions of the study are that stable peace and civil harmony are the result of the processes of managing, preventing and resolving conflicts. The role of law is manifested in the fact that it not only resolves the conflict, but also performs an integrative, conciliatory and stimulating function. Due to the scale and public nature of the possible consequences, special attention should be paid to the prevention and resolution of constitutional conflicts, which predetermines the increasing role of constitutional law in ensuring peace in the Arctic zone. The results of the research indicate the presence of five interrelated levels, structural and direct conflict prevention should be carried out at every level. Conflict resolution is also a complex process, the methods and mechanisms of resolution need to be supplemented and adapted, taking into account the peculiarities of conflict in the Arctic zone. The author demonstrates the interrelation between the processes of socio-economic development and ensuring peace and civil harmony, presents recommendations for improving the existing legal model.

Jelena Nikčević

This paper focuses on a scientific analysis of the genesis and historical development of the good faith principle as a doctrinal interpretation of Latvian regulations. It is about the evolution of attitudes toward the principle of bona fides in modern legal science and case law, starting with its origins in archaic Roman law and its rediscovery by Justinian’s Corpus Juris Civilis through its application in the Western medieval ius commune and its continental renaissance in the early twentieth century, considering its limited position in the Code of Civil Laws of the Baltic Provinces to its triumph in Latvian civil law. This comparative historical study shows that a clear definition of good faith can be found through a system-historical interpretation of the good faith rule. This should help to determine the nature of subjective rights and obligations under any legal rule governing specific legal relationships.

John Conlan

This article addresses the relationship between Brian O’Nolan’s writing and his career as a civil servant in the Irish Department of Local Government and Public Health. O’Nolan’s references to local government and the ambiguity of the law in Cruiskeen Lawn and The Third Policeman are placed in their proper historical context. By examining the contradictions of the Irish local government and local justice systems (from the pre-independence era to the Free State and successive administrations) a portrait emerges of O’Nolan as a writer of Irish biopolitics, who is concerned with the paradoxical relationship between national government and local organs of power. Biopolitical themes of legal and bureaucratic aporia are situated in the context of recent scholarly writing about the law, sovereignty, and the body in O’Nolan. The article also gives examples of historical episodes that were likely formative influences on his narrative style of political critique. From local issues such as land appropriation, to O’Nolan’s role as secretary to the tribunal of inquiry into a fire at St Joseph’s Orphanage in Cavan, a new image can be constructed of the author as a critic of Irish justice and a theorist of biopolitical concerns.

Laura Tudurut

The article briefly outlines the evolution of the non material damage concept in Romanian civil law as well as the conversion hereof in other states’ legislation especially of France and Italy. This legislation adjunction is not at all random considering the fact that these are EU member states and share a common juridical patrimony inherited from Roman law. The article also presents the analyses of the European Guidelines drafted by the European Group on Tort Law, principles aiming for the harmonisation of European legislation in matters relating to tort. The article concludes with an assessment of national current regulation on compensation of non material damage.

Касьяненко Татьяна Сергеевна

This article is devoted to the study of topical issues of changes in the labor market in connection with the raging pandemic of coronovirus infection (COVID-19), the need to transform the understanding of distance employment, and the establishment of additional state guarantees for employees in this area. Some aspects of the activities of remote workers, the expansion of the transition to a remote work format to support employment of the population of the Russian Federation during the period of selfisolation are considered, and the necessary amendments to the legislation on remote work are predicted in the near future

André Luiz Albuquerque Gomes da Silva Braga, Rafael Marcílio Xerez

A presente pesquisa tem como escopo analisar a aplicabilidade do instituto da multiparentalidade às relações parentais apresentadas não série de ficção “Crônicas de Gelo e de Fogo”, composta por seis livros e que contam parte da história do Reino de Westeros. O estudo se justifica pela apresentação na série, de personagens em relação aos quais existe mais de uma relação paterno-filial com outro personagem, além disso, a questão é apresentada como situação conflituosa para um dos personagens. Na realização da pesquisa foram utilizados os métodos bibliográficos e dedutivos e está dividida da seguinte maneira: o item dois visa contextualizar a estória de ficção analisada, o item três apresenta as formas de estabelecimento da filiação no ordenamento jurídico brasileiro e, o item quatro faz analisa as relações de parentesco da obra de ficção tomando por base a multiparentalidade.

Luigi Corvo, Lavinia Pastore

This paper aims to investigate Social Impact Bond (SIB), as a specific social finance tool able to involve various stakeholder groups in generating social value. The theoretical framework is the study of the outcome-based commissiong models of Anglo-Saxon origin and rapidly spread throughout Europe. The research question concerns the main opportunities and challenges posed by the SIBs in the perspective of Italian public decision-makers. The results of the research consist in clustering of the various roles that the PA can assume in an SIB and in the analysis of the strengths and weaknesses of the Italian context with respect to the development of this tool.

O. P. Oliynyk

Background. Mental disorders as a result of various forms of addictions and high criminogenicity of such persons has led to the need for a number of legislative changes in the field of jurisprudence (law), medicine and expertise. Materials and methods. Mental state of 661 examinees persons was studied. The presence of states of dependence on psychoactive substances and their impact on the ability to apprehend the sense of one’s actions and manage (ASAM) them and apprehend the sense of one’s actions (ASA) was studied. Objective: to develop a model of forensic psychiatric expert assessment of the ability of persons with states of dependence on the psychoactive substances to apprehent their actions and (or) manage them in accordance with existing legislation. Results and conclusions. It was established that 1.1% of examenees could not ASAM completely in criminal proceedings, 93.2% could ASAM, and 5.7% could not ASAM. In the civil process, with a retrospective definition of the mental state at the time of the conclusion of an agreement, an expert decision on the significant impact of psychoactive substances was made in 45% of cases, on the preservation of the ability to ASAM - 31.7%, of the inability to ASAM - 23.3%. This testifies to the non-use of expert practice in making decisions on "restraint locus standi” in the widespread use of the category of "limited capacity" in the civil process, which leads to an unjustified restriction of judges in choosing medical and legal measures for the prevention of repeated crimes by persons with states of dependence on psychoactive substances.

Arief Rachman Hakim

<p><em>Legal protection of civil servants (PNS) in a dispute over staffing has undergone a paradigm shift with the enactment of Law No. 30 of 2014 on Government Administration (UUAP). The paradigm change then has implications for the authority of the Civil Service Advisory Board (BAPEK). This study aims to analyze how UUAP provide legal protection to the Civil Servant who was dismissed not because of disciplinary punishment of civil servants and what are the implications of the legal protection against BAPEK authority.</em></p><p><em>This research is normative legal research with qualitative analysis through conceptual approach and legal approach to legal issue which become subject matter in research. Conclusions are drawn deductively through a coherent and systematic description. To support this research, the authors conducted interviews with some of the top officials at BAPEK in Jakarta as complementary data supporting the research analysis.</em></p><p><em>Based on the results of the study, the enactment of the UUAP which has established the regulation of administrative efforts in Articles 75 to 78, carries the legal consequence that the dismissed civil servant which not due to disciplinary punishment may undertake dispute resolution through administrative measures even though the relevant rules governing it, do not provide a dispute resolution through Administrative effort. This then implies the widespread authority of BAPEK, which before the enactment of UUAP is only authorized to handle administrative appeals of personnel disputes caused by the dismissal of civil servants due to disciplinary punishment.</em></p>

Petru Tarchil

All the functions and responsibilities established by the law in order to carry out the legal powers of public power by the central public administration, the local public administration and by all autonomous administrative authorities, designate the institution of the civil service. All the legislation in force defines the civil servant as the natural person, appointed under the law in a public position in Romania, who carries out the activities stipulated by the normative acts in force, activities that involve the exercise of the powers of public power. The total number of civil servants within the public administration central and local authorities and within the autonomous administrative authorities are the Corps of Civil Servants in Romania. The public state functions are established and approved according to the law, within the ministries, the specialized bodies of the central public administration, as well as within the autonomous administrative authorities. Territorial public functions are established and approved, according to the law, within the prefect institution, the deconcentrated public services of the ministries and the other bodies of the central public administration in the territorial-administrative units. The local public services are established and approved, according to the law, within their own apparatus, the local public administration authorities and the public institutions subordinated to them.

B. Simma, Herman Mosler, Andreas L. Paulus et al.

Oana M. Petrescu

Knowledge and understanting the means of appeals lodged before the courts of the European Union, limited only to the points of law, are very important taking into accout the modality to control a judgment delivered by an inferior court exists since ancient times, being governed among others, by the Larin principle: res judicata pro veritate accipitur. In the following we will examine, in general, the judicial control of the judgments and orders delivered by the General Court and by the Civil Service Tribunal, as a specialized tribunal on civil servant issues, but also the sui generis means of appeals and the extraordinary means of reviews of the judgments and orders. We shall mention that all of them are exercised in accordance with the Rules of Procedure of the European courts and the Statute of the Court of Justice of the European Union. Another aspect to be mentione is that the judjments of the Court of Justice cannot be challenged to another court, as they remain final and irrevocable.

S. Mitchell, J. Ring, Mary Spellman

B. Goldson

Nishant Makhija