scholarly journals THE RELATION BETWEEN FREEDOM OF TESTATION AND CONTRACTUAL FREEDOM FROM THE INHERTIANCE LAW PERSPECTIVE

TEME ◽  
2021 ◽  
pp. 1533
Author(s):  
Tamara Đurđić
Keyword(s):  
Civil Society ◽  
Point Of View ◽  
Legal Systems ◽  
Inheritance Law ◽  
Legal Traditions ◽  
Property Inheritance ◽  
Regular Property ◽  
Inter Vivos

Contractual and testamentary freedoms are the pillars of modern civil society and are manifested through the possibility of concluding a contract as inter vivos means of regular property exchange, or through testament as non-regular means of property disposition since its effect is attached to the testator’s death. The modern inheritance law is characterized by the trend of contractualization, thus some means of arranging post-mortal distribution of property (inheritance) appear in form of contractual disposition. Their introduction into some legal systems is under question, since they limit testamentary freedom, which is considered to be the consequence of the theory on absolute freedom of testation that is deeply rooted in some legal traditions. The aim of this research is to determine whether it is necessary to analyze freedom of testation and contractual freedom as opposite, or whether it is possible to observe them as complementary in some segments. For that purpose, the author manages to identify the points of approximation and distinction between these two freedoms, through their comparison. Furthermore, this problem is considered from the perspective of inheritance law, which is specifically discussed from the point of view of the legal effects of the inheritance agreement over testamentary disposition.

scholarly journals Der Platz der juristischen Fachsprache in der Experten-Laien-Kommunikation

2017 ◽  
Vol 19 (36) ◽  
pp. 55
Author(s):  
Viola Heutger
Keyword(s):  
Point Of View ◽  
Legal Systems ◽  
Legal Texts ◽  
The Eu

In this commentary, the author outlines possible contributions of a linguistic monitoring especially to the interpretive work of legal experts from the point of view of a lawyer. However, for such a monitoring to be efficient more efforts must be made from the part of the linguists to make clear what the specific methodological characteristics of a linguistic monitoring consist in. The article sees possible contribution in fields like interpreting legal texts in more languages like in the EU system, overcoming the differences of legal systems in international legal cooperation, and optimizing national legal texts produced on the basis of community legal texts in order to make them more accessible for national citizens.

Trust in Spain?

2020 ◽  
Vol 26 (10) ◽  
pp. 950-955
Author(s):  
Pedro Ignacio Botello Hermosa ◽  
Nicolás Malumián
Keyword(s):  
National Level ◽  
Point Of View ◽  
Legal Institutions ◽  
Inheritance Law ◽  
Practical Point ◽  
Autonomous Regions

Abstract Spain has no trust regulations at the national level. However, there are inheritance legal schemes with similar effects. Furthermore, certain autonomous regions of Spain could enact their own inheritance law regulations and provide legal institutions that are analogous to trusts. In this article, we review these institutions from both an academic and practical point of view.

Legal Systems as Legal Traditions

2021 ◽  
pp. 143-160
Author(s):  
Catherine Valcke
Keyword(s):  
Legal Systems ◽  
Legal Traditions

scholarly journals BIBLICAL LAW IN GRECO-ROMAN ATTIRE: THE CASE OF LEVIRATE MARRIAGE IN LATE ANTIQUE CHRISTIAN LEGAL TRADITIONS

2019 ◽  
Vol 34 (2) ◽  
pp. 136-164
Author(s):  
Yifat Monnickendam
Keyword(s):  
Legal Discourse ◽  
Sexual Relationships ◽  
Complex Case ◽  
Late Antique ◽  
Legal Tradition ◽  
Biblical Law ◽  
Inheritance Law ◽  
Legal Traditions ◽  
Greco Roman ◽  
Legal Concepts

AbstractWhat happened to biblical law when transferred into late antique Christianity? How can answering this question provide a paradigm that helps us understand the rise and development of late antique Christian legal traditions? In the first centuries of the Common Era, the Christian legal tradition began to evolve in Roman, Greek, rabbinic, and biblical contexts. Focusing on the biblical institution of levirate marriage, this article offers a paradigm that elucidates how Christians might have adopted, adapted, and sometimes rejected their legal heritage; it may illuminate the overall development of Christian legal discourse. Following a short survey of the rabbinic adaptation of biblical levirate marriage and the Roman and Christian rulings regarding this practice, I analyze the Christian exegetical and theological discourse on levirate marriage, focusing on the acceptance or rejection of levirate marriage as a whole and adaptations to the biblical institution. This analysis demonstrates the disparity between the rabbinic discourse, the Christian and Roman rulings, and the theological and exegetical discourse. It shows how Christians remodeled their biblical heritage according to Greek and Roman legal concepts, namely the Roman adoption and the Greek epiklerate, and treated it as part of inheritance law and child-parent relationships, whereas the rabbis used different adaptations and treated it as part of matrimonial law and sexual relationships. This discussion therefore recontextualizes the legal discourse, positioning the Christian approach to levirate marriage as a complex case of legal transplant and adaptation of a legal heritage.

scholarly journals Arbitraža po uzoru na rimsko pravo u graničnom sporu između Lovrana i Mošćenica (1646.)

2020 ◽  
Vol 40 (3) ◽  
pp. 987-1006
Author(s):  
Ivan Milotić
Keyword(s):  
Point Of View ◽  
Roman Law ◽  
Legal Tradition ◽  
Legal Documents ◽  
Legal Traditions ◽  
Canonical Process ◽  
Ius Commune ◽  
Latin Language ◽  
Legal Concepts ◽  
Key Terms

The boundary dispute between Lovran and Mošćenice of 1646 quite recently received some attention in the literature and was simultaneously adequately elaborated form palaeographic and philological point of view. Despite the fact that it is substantially a legal act, its legal content did not receive adequate attention of the scholars, which may primarily be said with reference to its institutes, terms and expressions whose precision, accuracy and legal technical at first sight most evidently depart from the local feudal legal customs and legal traditions. Moreover, nevertheless that these terms and expressions were written down in Italian language of the time, they evidently represent Italianized version of terms, expression and legal concepts that originally belong to Latin language. Additionally, their mentions in the document at hand have no resemblance to the usual medieval descriptions of the legal phenomena which have a little in common with normative language or to administrativefunctional style of that time which distinctively shaped the legal documents. Because all these indications suggest that the key terms, expressions and institutes pertinent to the boundary dispute between Lovran and Mošćenice (and its resolution) might be borrowed from the Roman legal tradition (which outreached this territory by means of ius commune) and the Romano-canonical process, this paper examines origin, roles and functions which were achieved in practice by their use in this particular legal matter. The paper will specifically explore the procedural mechanism which was employed to reach settlement of the boundary dispute between Lovran and Mošćenice and will additionally provide a deeper insight into the possibility that in this particular case arbitration conceptually based on the Roman law was employed as the means of dispute resolution.

The Art of the Judicial Opinion: On Tawlīj in Fifteenth-Century Tunis

1998 ◽  
Vol 5 (3) ◽  
pp. 359-381
Author(s):  
David Powers
Keyword(s):  
Fifteenth Century ◽  
Inheritance Law ◽  
Present Essay ◽  
Minor Children ◽  
Financial Transactions ◽  
The Guardian ◽  
The Relationship ◽  
Inter Vivos

AbstractIn an effort to circumvent the constraints of Islamic inheritance law, a Muslim proprietor may attempt to shift assets to his or her desired heir/s by means of an inter vivos transaction, e.g., a gift, acknowledgement of a debt, sale, or creation of a family endowment. In the present essay, I analyze a case that occurred in fifteenth-century Tunis in which a father, taking advantage of his role as the guardian of his minor children, engages in a series of financial transactions that appear to have as their goal the disinheritance of certain other children. The differing responses to this case by two Mālikī jurists provides an opportunity to explore the relationship between the choice of a judicial style and the direction of a judicial outcome.

scholarly journals International Trade and Development Law: A Legal Cultural Critique

2011 ◽  
Vol 4 (2) ◽  
Author(s):  
Colin Picker
Keyword(s):  
International Trade ◽  
International Law ◽  
International Development ◽  
Effective Interaction ◽  
Legal Culture ◽  
Cultural Critique ◽  
Legal Systems ◽  
Legal Traditions ◽  
The World

To the extent that international trade and development policy employs legal methods, institutions and participants, there is a need to take into account the role of legal culture. There are many different legal cultures in the world, including the widely found common and civil law traditions, as well as the many non-western legal traditions and sub-traditions found within the hundreds of different legal systems spread across the globe. International law has, however, traditionally eschewed consideration of legal culture—arguing that international law is unique, is sui generis, and as such domestic legal traditions were not relevant. Yet, the humans involved in creating and nurturing international legal fields and institutions will themselves reflect the legal culture of their home states, and will often import aspects of those legal cultures into international law. The same must be true of international development law. In addition, international legal fields, such as international development law, must often work within domestic legal systems, and as such they will directly interact with the domestic legal traditions. It is thus important to understand the interaction between the legal cultures reflected in the relevant part of that international law and in that of the domestic legal system. Such an understanding can be useful in ensuring the effective interaction of the two systems. This paper explores these themes, continuing the author’s past and ongoing consideration of the role of legal culture in international law, including its role within institutions such as the World Trade Organization.

Comparative Law in a Civil Society

1996 ◽  
Vol 24 (3) ◽  
pp. 263-269
Author(s):  
Kersi B. Shroff
Keyword(s):  
United States ◽  
Civil Society ◽  
Comparative Law ◽  
The United States ◽  
Legal Issues ◽  
United States Congress ◽  
Legal Systems ◽  
Library Of Congress ◽  
Main Research ◽  
Law Library

The main research responsibility of the Law Library of Congress is to serve as the research arm of the United States Congress for the study of the legal systems of other countries. The studies, reports, and briefings its specialists prepare provide a worldwide perspective to the Congress on particular legal issues. This type of work can generally be described as comparative law research.

scholarly journals The Role Of Islamic Values In The Formation And Development Of Civil Society

2021 ◽  
Vol 03 (03) ◽  
pp. 236-239
Author(s):  
Akmal Nasriddinovich Abdullaev ◽  
Keyword(s):  
Civil Society ◽  
Point Of View ◽  
Religious Values ◽  
The Third ◽  
Third Millennium ◽  
Islamic Values

The article analyzes one of the most pressing problems of the third millennium from a socio-philosophical point of view: the importance of religious values in the formation of civil society, dialectical relationships, compatibility and problems of Islamic values and values of civil society.

scholarly journals Latest Tendencies of Wills’ Voidness Made in Violation of the Requirements Regarding the Form and Authenticating Procedure

2021 ◽  
pp. 6-16
Author(s):  
Oleksandr Kukhariev
Keyword(s):  
Civil Rights ◽  
Indirect Evidence ◽  
Point Of View ◽  
Special Method ◽  
Legal Doctrine ◽  
Current Case ◽  
Inheritance Law ◽  
Property Relations ◽  
The Will ◽  
Made In

The article is focused on revealing the peculiarities of wills’ validness made in violation of the requirements regarding the form and authenticating procedure based on the analysis of legal doctrine and the current case law. The author has substantiated position that the invalidation of a will is a special method to protect the rights of inheritance, which in its essence is not identical to the protection of civil rights and interests by the court as the invalidation of the transaction. It is due to the scope of implementing the studied method of protection and the peculiarities of the will as a kind of unilateral transactions. The possibility of convalidation of a will’s nullity by the court has been denied, since it will lead to destabilization of property relations, as well as to numerous abuses by their participants. The author has additionally emphasized the difficulty of establishing conditions enshrined by law for the admission of a unilateral transaction, in particular: the transaction must correspond to the true will of the person who executed it; the notarization of the transaction was hindered by a circumstance that did not depend on the person’s will who executed it. The court’s decision will in any case be based on indirect evidence and assumptions. In addition, the plaintiffs in most cases are lawful heirs of this will, who are interested parties. The author of the paper criticizes the point of view regarding the will’s nullity certified by an official of a local self-government agency not according to the place of registration of the testate. In this case, the invalidity of legal transaction is artificially removed from the Law of Ukraine «On Local Self-Government in Ukraine», goes beyond the literal content of the Art. 1257 of the Civil Code of Ukraine, violates the principle of will’s freedom and justice as one of the general principles of civil law. It has been emphasized that formal, minor violations of the wills’ authenticating procedure cannot be considered as grounds for theirvalidness. Key words: inheritance law, hereditary legal relations, a will, a testate, validness, nullity, convalidation.

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