Descent and Distribution: Community Property: Construction of Word "Window" under Civil Code §1386 Subdivision 8

1931 ◽  
Vol 19 (3) ◽  
pp. 313
Author(s):  
W. F. Mathewson
Keyword(s):  
Civil Code ◽  
Community Property

scholarly journals DIREITO REAL DE HABITAÇÃO: CONFLITO ENTRE O DIREITO REAL DE HABITAÇÃO E O DIREITO À HERANÇA, E A POSSÍVEL MITIGAÇÃO NO CASO CONCRETO POR MEIO DO JUÍZO DE PONDERAÇÃO

2021 ◽  
Vol 9 (205) ◽  
pp. 1-22
Author(s):  
Gabriela Duarte Pinto
Keyword(s):  
Civil Code ◽  
Fundamental Rights ◽  
Property Law ◽  
Real Property ◽  
The Real ◽  
Community Property ◽  
The Family ◽  
Property B ◽  
The Right ◽  
Status Of Women

The real property law is a legal institution of civil law, introduced in the Civil Code of 1916 by Status of Women Married - Law nº 4.121 / 1962, which required numerous requirements for its grant and maintenance, namely, (a) were married under the regime of community property; (b) during his lifetime; (c) and remained widow; (d) subject to the inheritance share, the property should be for the family residence and, finally, (e) were the only asset of this nature to inventory. With the advent of the Civil Code of 2002, however, it was extended to all property regime, removed the final term and with the Domestic Partnership Act, It was no longer needed that it was the only good of that nature to inventory. It was questioned the extent of its application in this case and the need for consideration to not fade the right to inheritance. Analyzed the rights involved, Right to inheritance, Property Rights, Right to living and the Real Property Law. It was concluded that the interpreter of the Law must, before the case, carry out the judgment of balancing the conflicting fundamental Rights so that there is maximum preservation of conflicting values, and hence the greatest achievement of constitutional values.

COMPARATIVE STUDY ON GONO GINI'S ASSETS DUE TO A DEATH ACCORDING TO THE ISLAMIC LAW AND POSITIVE LAW

2019 ◽  
Vol 1 (1) ◽  
Author(s):  
Pardan Syafrudin
Keyword(s):  
Comparative Study ◽  
Common Property ◽  
Islamic Law ◽  
Positive Law ◽  
Community Property ◽  
Communal Property ◽  
Islamic Jurisprudence ◽  
Legal Restriction ◽  
The Common ◽  
Husband And Wife

The Common properties (community property) is an asset that the husband and wife acquired during the household lifes, which both of them is agree that after united through marriage bonds, that the property produced by one or both of them will be common property. It shows, that if there's an agreement between husband and wife before marriage (did not to unify their property), then the property produced both will not become a joint treasure. Thus, if a husband or wife dies, or divorces, then the property owned by both of them can be distributed in accordance with their respective shares, another case when the two couples are not making an agreement, then the property gained during marriage bonds can be divided into types of communal property. In Islamic law, this kind of treasure is not contained in the Qur'an or Sunnah. Nor in Islamic jurisprudence. However, Islamic law legalizes the existence of common property as long as it is applicable in a society and the benefit in the distribution of such property. In contrast to the positive law, this property types have been regulated and described in the Marriage Law, as well as the Islamic Law Compilations, which became the legal restriction in the affairs of marriage in force in Indonesia. In this study, the author tries to compile the existence of common property according to the Islamic law reviews and positive law.

Opinions Regarding the Principle of Promoting with Priority the Superior Interest of the Child in the Regulation of Law No. 272/2004 and the Romanian Civil Code

2020 ◽  
Vol 26 (2) ◽  
pp. 150-156
Author(s):  
Aurelia Teodora Drăghici ◽  
Andrei Murgu ◽  
Teodor Bodoașcă
Keyword(s):  
Children's Rights ◽  
Civil Code ◽  
Children’S Rights ◽  
Best Interests ◽  
Legal Analysis ◽  
Best Interest ◽  
Regulation Of Law

SummaryThe study is devoted mainly to the logical-legal analysis of the provisions of art. 2 of Law no. 272/2004 on the promotion and protection of children’s rights, as well as art. 263 of the Civil Code, which establish the main normative solutions regarding the “priority promotion of the principle of the best interests of the child”. Although the phrase “the best interests of the child” is used in the construction of many rules of Law no. 272/2004, the Civil Code and other normative acts, the legislator refrained from establishing its significance, leaving this approach to the doctrine. The proposed study is intended to be a contribution to achieving this goal. We were also concerned with the identification of normative inaccuracies and the substantiation of pertinent proposals of lege ferenda for the improvement of the regulations regarding the principle of promoting with priority the principle of the best interest of the child.

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