scholarly journals Fundamental Legal Bases of the Administrative Contract: A Legal Institution in Cuba and Mexico

2020 ◽  
pp. 969-974
Author(s):  
Salvador Santiago Villalobos González
Keyword(s):  
Legal System ◽  
Strong Influence ◽  
System Development ◽  
Legal Institution ◽  
Administrative Contract ◽  
Administrative Management ◽  
Similarities And Differences ◽  
Management Contract

This article aims to find the foundations of the administrative contract. lts similarities and differences, where it would be an institution of similar functions, in essence, pursuing the same goals. Specifically, it discusses the bases of the administrative management contract in Cuba and Mexico, taking into account both countries have initiated the process of the legal system development in the same way, however, at present, the administrative contract in each country is lead differently. The study shows that the administrative contract in Cuba is considered to be derived from the Spanish colony, while, in the Mexican law, there is a greater deepening and study of the French classic doctrine. However, in both cases, there is a strong influence of tradition brought by the colonization.

scholarly journals Compulsory divided property – problems and solutions within modernisation of Latvian legal system

2020 ◽  
Vol 85 ◽  
pp. 01006
Author(s):  
Jolanta Dinsberga
Keyword(s):  
Legal System ◽  
Historical Development ◽  
System Development ◽  
Legal Framework ◽  
Soviet Regime ◽  
Legal Interpretation ◽  
Study Objective ◽  
Problems And Solutions ◽  
General Scientific

After the end of the Soviet regime, a dual situation – a divided property with land and buildings owned by different persons – occurred in Latvia. Study objective: to describe key tendencies of modernising the Latvian legal system for discontinuation of compulsory divided property by examining historical development and legal framework thereof. Methods used: general scientific – descriptive, analytical, formally dogmatic, graphic; Legal interpretation methods – grammatical, systemic, teleological, historical. Conclusions: occurrence of the divided property is related to historical circumstances and causes various issues between building owners and landowners; thus, elaboration and adoption of new draft laws will ensure discontinuation of the divided property and well-balanced interests of the parties. The study could be binding to those willing to know more about legal system development tendencies in other country, i.e., in Latvia.

scholarly journals Social Coordinates and Identification of National Legal System

2016 ◽  
Vol 4 (6) ◽  
pp. 0-0
Author(s):  
Николай Сильченко ◽  
Nikolay Silchenko
Keyword(s):  
Public Relations ◽  
Legal System ◽  
System Development ◽  
Regulatory Element ◽  
Regulatory System ◽  
Social Regulation ◽  
Regulation System ◽  
Legal Systems ◽  
National Legal System ◽  
The Right

Selecting the direction of the national legal system development is a topical scientific and practical issue under the conditions of complex globalization processes and legal systems integration. The course of the national legal system development should be determined through the establishment of its social coordinates and subsequent identification. For this purpose, it is necessary to outline the place of the national legal system within a higher-level system – the system of social regulation — to isolate and characterize the types and elements of the system of social regulation, which can be considered as social coordinates of the national legal system. The issue is studied using dialectical, historical and structural-functional methods of scientific research. Social coordinates of national legal systems are the right-centrist, religious-moral and political-centrist types of social regulation, each of which consists of seven elements: 1) generating element (renewal and renovation) of social regulation – social practices; 2) program-target (ideological) element; 3) information-evaluative element; 4) regulatory element (regulatory system); 5) the element of individual regulation of public relations; 6) element responsible for the preservation and transmission of social regulation; 7) element responsible for the protection of social regulation system and for monitoring its status. The analysis of the identified types and elements of the system of social regulation suggests that the Belarusian legal system is within a coordinate system of political-centrist type and is developing towards the legal system of the East Slavic type.

scholarly journals PERSPEKTIF HUKUM PERKAWINAN ANTAR AGAMA YANG BERKEADILAN DIKAITKAN DENGAN POLITIK HUKUM PERKAWINAN INDONESIA DALAM RANGKA PEMBANGUNAN HUKUM KELUARGA NASIONAL

2018 ◽  
Author(s):  
Tengku Erwinsyahbana
Keyword(s):  
Legal System ◽  
System Development ◽  
Legal Aspect ◽  
Legal Certainty ◽  
Marriage Law ◽  
The Public ◽  
Legal Development ◽  
Political Perspective ◽  
Legal Uncertainty ◽  
The Republic

It is likely that interreligion marriage often takes place due to plurality adhered by the Indonesian people. Many couples have not had their interreligion marriage registered due to refusal by the Civil Registry Office to register their marriage on grounds that the interreligion marriage is not permitted in religious teachings, and further, it is not regulated in Law No. 1 of 1974. This fact obviously raised the feeling of injustice and legal uncertainty in the interreligion marriage so that it is interesting to investigate the aims of which were: to discover the law on interreligion marriage in the politics on marriage law based on Five Basics Principles of the Republic of Indonesia (Pancasila) when associated with function of the marriage registry institution, to discover the legal certainty of the interreligion marriage conducted overseas when associated with function of the marriage registry under the Indonesian legal system, as well as the interreligion marriage law in the political perspective on equitable marriage law based on Pancasila as an effort for legal system development of national family. To analyze the research findings, the following theories are adopted, which are, the Pancasila based legal state, Pancasilabased justice as well as legal development and legal certainty theories.The research was a legal research natured by adopting approaches on legal history and comparative as well as laws and regulations. The research was descriptive nature and in view of the costruction, it was a prescriptive research.The main data required for the research consisted secondary and primary data.Data collection that have been adopted was document study and interview methods the analysis of the data collecting was conducted on a qualitative juridical method focusing on the analysis on the legal certainty and legal aspect which live and grow among the public, as well as legal synchronization.The research indicated that the interreligionmarriage in Indonesia has taken place due to a legal uncertainty in the context of Law No. 1 of 1974 which did not regulate whether or not the interreligion marriage practice was permitted. On the contrary, however, the relevant law has opened the possibility of such marriage to took place. It was also possible that the uncertainty on the interreligion marriage was due to the provisions regarding marriage as set forth in Law No. 1 of 1974 and Law No. 23 of 2006 which conflict with each other. The state should therefore guarantee that the public legal certainty is to be realized as one characteristic indicated in a Pancasila based legal state is the existence of legal certainty. Viewed from the theories on Pancasila based justice as well as legal development and legal certainty approache. Thus, to realize public orderliness and harmony, it shall be necessary to only register the marriage at one institution. This has to be conducted as an effort to keep orderliness of population administration and legal certainty when it comes to interreligion marriage.

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