Eigentum und Erbrecht

Der Staat ◽  
2020 ◽  
Vol 59 (3) ◽  
pp. 397-420
Author(s):  
Jan Dirk Harke
Keyword(s):  
Fundamental Difference ◽  
The Other ◽  
Private Law ◽  
Absolute Power ◽  
Other Hand ◽  
Constitutional Right ◽  
The Right ◽  
Relationship Of

,Eigentum‘ im Sinne der Verfassung ist bekanntermaßen nicht deckungsgleich mit ,Eigentum‘ im Sinne des Privatrechts. Beide stehen nicht bloß in einem Verhältnis von Mehr und Weniger, sondern sind durch einen fundamentalen Unterschied getrennt: Das privatrechtliche Eigentum ist anders als sein verfassungsrechtliches Pendant untrennbar mit dem Erbrecht verbunden und verdankt ihm sogar seine Entstehung. Den absoluten Geltungsanspruch, der es charakterisiert, kann es nur haben, wenn es auch über den Tod seines Inhabers hinaus wirkt. Das verfassungsrechtliche Eigentum knüpft dagegen allein an das Vertrauen an, das der Gesetzgeber durch eine Regelung beim Einzelnen geweckt hat. Es ist dementsprechend auch ohne Erbrecht denkbar und hat sich von diesem im Zuge der Konstitutionalisierung in einem Prozess geschieden, der die Etablierung des privatrechtlichen Eigentumsbegriffs umkehrte. Soweit der Gesetzgeber aber Eigentum im Sinne des bürgerlichen Rechts als solches anerkannt hat, setzt es dem staatlichen Umgang mit der Erbfolge Grenzen. As is well known, "property" as a constitutional right is not congruent with "property" in the sense of private law. The two are not merely in a relationship of more and less, but separated by a fundamental difference: Unlike its constitutional counterpart, property under private law is inseparably connected with the right of succession and even owes its origin to it. It can only have its characteristic absolute power, if it continues to have an effect beyond the death of its owner. Property as a constitutional right, on the other hand, is based solely on the trust that legislature has aroused in an individual through regulation. Accordingly, it is also conceivable without right to inheritance, and in the course of constitutionalization it has been separated from the latter in a process that reversed the emergence of the private law concept of property. However, insofar as legislature has recognized property in the sense of private law, it sets limits on the regulation of succession.

A utopia do direito à cidade: Possibilidades de superação da dicotomia favela-bairro no Rio de Janeiro

GEOgraphia ◽  
2010 ◽  
Vol 7 (14) ◽  
Author(s):  
Márcio Piñon de Oliveira
Keyword(s):  
Rio De Janeiro ◽  
The Other ◽  
Right To The City ◽  
Other Hand ◽  
The Right ◽  
The City

A utopia do direito à cidade,  no  caso específico do Rio de Janeiro, começa, obrigatoriamente, pela  superação da visão dicotômica favela-cidade. Para isso, é preciso que os moradores da favela possam sentir-se tão cidadãos quanto os que têm moradias fora das favelas. A utopia do direito à cidade tem de levar a favela a própria utopia da cidade. Uma cidade que não se fragmente em oposições asfalto-favela, norte-sul, praia-subúrbio e onde todos tenham direito ao(s) seu(s) centro(s). Oposições que expressam muito mais do que diferenças de  localização e que  se apresentam recheadas de  segregação, estereótipos e  ideologias. Por outro  lado, o direito a cidade, como possibilidade histórica, não pode ser pensado exclusivamente a partir da  favela. Mas as populações  que aí habitam guardam uma contribuição inestimável para  a  construção prática  desse direito. Isso porque,  das  experiências vividas, emergem aprendizados e frutificam esperanças e soluções. Para que a favela seja pólo de um desejo que impulsione a busca do direito a cidade, é necessário que ela  se  pense como  parte da história da própria cidade  e sua transformação  em metrópole.Abstract The right  to the city's  utopy  specifically  in Rio de Janeiro, begins by surpassing  the dichotomy approach between favela and the city. For this purpose, it is necessary, for the favela dwellers, the feeling of citizens as well as those with home outside the favelas. The right to the city's utopy must bring to the favela  the utopy to the city in itself- a non-fragmented city in terms of oppositions like "asphalt"-favela, north-south, beach-suburb and where everybody has right to their center(s). These oppositions express much more the differences of location and present  themselves full of segregation, stereotypes and ideologies. On  the other  hand, the right to  the city, as historical possibility, can not be thought  just from the favela. People that live there have a contribution for a practical construction of this right. 

Islamic hedging for pilgrimage funds: case of Indonesia

2019 ◽  
Vol 11 (3) ◽  
pp. 328-341
Author(s):  
Rifki Ismal ◽  
Nurul Izzati Septiana
Keyword(s):  
Exchange Rate ◽  
The Other ◽  
Exchange Rate Risk ◽  
Content Type ◽  
Other Hand ◽  
Rate Risk ◽  
Risk Identify ◽  
Hajj Season ◽  
The Right ◽  
Very High

Purpose The demand for Saudi Arabian real (SAR) is very high in the pilgrimage (hajj) season while the authority, unfortunately, does not hedge the hajj funds. As such, the hajj funds are potentially exposed to exchange rate risk, which can impact the value of hajj funds and generate extra cost to the pilgrims. The purpose of this paper is to conduct simulations of Islamic hedging for pilgrimage funds to: mitigate and minimize exchange rate risk, identify and recommend the ideal time, amount and tenors of Islamic hedging for hajj funds, estimate cost saving by pursuing Islamic hedging and propose technical and general recommendations for the authority. Design/methodology/approach Forward transaction mechanism is adopted to compute Islamic forward between SAR and Rupiah (Indonesian currency) or IDR. Findings – based on simulations, the paper finds that: the longer the Islamic hedging tenors, the better is the result of Islamic hedging, the decreasing of IDR/USD is the right time to hedge the hajj funds and, on the other hand, the IDR/SAR appreciation is not the right time to hedge the hajj funds. Findings Based on simulations, the paper finds that: the longer the Islamic hedging tenors, the better is the result of Islamic hedging, the decreasing of IDR/USD is the right time to hedge the hajj funds and, on the other hand, the IDR/SAR appreciation is not the right time to hedge the hajj funds. Research limitations/implications The research suggests the authority to (and not to) hedge the hajj fund, depending on economic conditions and market indicators. Even though the assessment is for the Indonesian case, other countries maintaining hajj funds might also learn from this paper. Originality/value To the best of author’s knowledge, this is the first paper in Indonesia that attempts to simulate the optimal hedging of hajj funds.

scholarly journals On Newcomb's method of investigating periodicities and its application to Brückner's weather cycle

1914 ◽  
Vol 90 (619) ◽  
pp. 349-355
Keyword(s):  
Thermal Radiation ◽  
The Other ◽  
New Method ◽  
Critical Examination ◽  
Numerical Work ◽  
Average Value ◽  
Other Hand ◽  
Relationship Of ◽  
The Relationship ◽  
Great Simplicity

During the last few years of his life Prof. Simon Newcomb was keenly interested in the problem of periodicities, and devised a new method for their investigation. This method is explained, and to some extent applied, in a paper entitled "A Search for Fluctuations in the Sun's Thermal Radiation through their Influence on Terrestrial Temperature." The importance of the question justifies a critical examination of the relationship of the older methods to that of Newcomb, and though I do not agree with his contention that his process gives us more than can be obtained from Fourier's analysis, it has the advantage of great simplicity in its numerical work, and should prove useful in a certain, though I am afraid, very limited field. Let f ( t ) represent a function of a variable which we may take to be the time, and let the average value of the function be zero. Newcomb examines the sum of the series f ( t 1 ) f ( t 1 + τ) + f ( t 2 ) f ( t 2 + τ) + f ( t 3 ) f ( t 3 + τ) + ..., where t 1 , t 2 , etc., are definite values of the variable which are taken to lie at equal distances from each other. If the function be periodic so as to repeat itself after an interval τ, the products are all squares and each term is positive. If, on the other hand, the periodic time be 2τ, each product will be negative and the sum itself therefore negative. It is easy to see that if τ be varied continuously the sum of the series passes through maxima and minima, and the maxima will indicated the periodic time, or any of its multiples.

Party and the Augustan Constitution, 1694-1716: Politics and the Power of the Executive

1978 ◽  
Vol 10 (3) ◽  
pp. 193-208
Author(s):  
Dennis A. Rubini
Keyword(s):  
The Other ◽  
Glorious Revolution ◽  
Other Hand ◽  
The Commons ◽  
The Government ◽  
Charles Ii ◽  
The Right ◽  
The Glorious Revolution

William of Orange tried to be as absolute as possible. Inroads upon the power of the executive were fiercely resisted: indeed, William succeeded in keeping even the judiciary in a precarious state of independence. To maintain the prerogative and gain the needed supplies from parliament, he relied upon a mixed whig-tory ministry to direct court efforts. Following the Glorious Revolution, the whigs had divided into two principle groups. One faction led by Robert Harley and Paul Foley became the standard-bearers of the broadly based Country party, maintained the “old whig” traditions, did not seek office during William's reign, tried to hold the line on supply, and led the drive to limit the prerogative. The “junto,” “court,” or “new” whigs, on the other hand, were led by ministers who, while in opposition during the Exclusion crisis, held court office, aggressively sought greater offices, and wished to replace monarchy with oligarchy. They soon joined tory courtiers in opposing many of the Country party attempts to place additional restrictions upon the executive. To defend the prerogative and gain passage for bills of supply, William also developed techniques employed by Charles II. By expanding the concept and power of the Court party, he sought to bring together the executive and legislative branches of government through a large cadre of crown office-holders (placemen) who sat, voted, and directed the votes of others on behalf of the government when matters of importance arose in the Commons. So too, William claimed the right to dissolve parliament and call new elections not on a fixed date, as was to become the American practice, but at the time deemed most propitious over first a three-year and then (after 1716) a seven year period.

Grotian Moments and Peremptory Norms of General International Law: Friendly Facilitators or Fatal Foes?

Grotiana ◽  
2021 ◽  
Vol 42 (2) ◽  
pp. 335-353
Author(s):  
Dire Tladi
Keyword(s):  
International Law ◽  
The Other ◽  
High Threshold ◽  
Other Hand ◽  
State Practice ◽  
The One ◽  
Jus Cogens ◽  
The Right ◽  
Peremptory Norms ◽  
Law Making

Abstract The concept of a Grotian moment remains rather obscure in international law. On the one hand, it can refer simply to an empirical fact which galvanises the ordinary law-making processes, whether treaty-making or State practice, resulting in major shifts in international law. On the other hand, a Grotian moment might be seen as an event so significant that it results in an extraordinary shift in international law without full adherence to the processes for law-making. The former understanding has little legal significance, while the latter, which would be legally significant, would be controversial and without legal basis. Against this background the article discusses the intersections between peremptory norms and Grotian Moments. It does this by looking at the intersection between the two concepts as well as the intersection between Grotian Moments, on the one hand and, on the other hand, particular jus cogens norms. With respect to the former, for example, the article will consider whether the high threshold of peremptory status facilitates and hinders Grotian moments. With respect to the latter, the article will consider particular norms that have been said to have shifted on account of the Grotian moments, namely the right to use of force in self-defence as well humanitarian intervention.

Probleme de interpretare privind constituționalitatea și capacitatea juridică a subdiviziunilor administrativ-teritoriale

2020 ◽  
Vol 2019 ◽  
pp. 126-133
Author(s):  
Vlad-Cristian SOARE ◽  
Keyword(s):  
Legal System ◽  
Administrative Law ◽  
The Other ◽  
Political Regime ◽  
Legal Capacity ◽  
Other Hand ◽  
The One ◽  
The Right ◽  
The Revolution

"The fundamental transformations through the Romanian state passed since the Revolution of December 1989, have also put their mark on the legal system. For this reason, there have been major changes in the content of administrative law. However, the regulation of the territorial-administrative subdivisions survived the change of political regime, due to Law 2/1968. Moreover, regulations on administrative-territorial subdivisions are also found in Law 215/2001 and in the 1991 Constitution, revised in 2003. This has led to problems of interpretation. Thus, on the one hand, we need to identify who has the right to constitute administrative-territorial subdivisions, and on the other hand, it must be seen whether the answer to the first question, leads to a possible interpretation that would be unconstitutional. At the same time, administrative-territorial subdivisions have created problems of interpretation regarding their legal capacity. Through this article, we have proposed to look at the issues mentioned above."

CONDUCTING A NON-AGRICULTURAL BUSINESS ACTIVITY AS A SOCIAL INSURANCE TITLE – SELECTED ISSUES

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 641-654
Author(s):  
Kamil Antonów
Keyword(s):  
Social Insurance ◽  
The Other ◽  
Agricultural Activity ◽  
Business Activity ◽  
Personal Care ◽  
Other Hand ◽  
Agricultural Business ◽  
The Right

Conducting non-agricultural business activity is a special title of social insurance. It results from the fact that within the scope of being subject to social insurance, only entrepreneurs (out of all persons conducting non-agricultural activity) have the right to periodically exclude the obligation of social insurance and to suspend the conducting of business activity, not only due to the personal care of a child. On the other hand, in the sphere of paying social insurance contributions, there are three ways of establishing the contribution calculation basis on this account (ordinary, preferential and income-dependent basis). In general, it should be stated that conducting non-agricultural business activity as a social insurance title is of the following nature: commercial, obligatory, general (in case of an overlapping of social insurance titles), independent (autonomous), strictly paid and privileged (in relation to other forms of non-agricultural activity).

scholarly journals Bilateral lamellar keratoplasty in descemetocele treatment in dog with botulism by use of equine renal capsule and conjunctival pedicle graft

1999 ◽  
Vol 29 (2) ◽  
pp. 355-359 ◽  
Author(s):  
José Luiz Laus ◽  
Paula Diniz Galera ◽  
Ruben Pablo Schocken-Iturrino ◽  
Marluce de Macedo Cavassani ◽  
Alexandre Lima de Andrade
Keyword(s):  
The Other ◽  
Lamellar Keratoplasty ◽  
Renal Capsule ◽  
Other Hand ◽  
Mixed Breed ◽  
The Right

A 3-year-old, male mixed breed dog with botulism and bilateral descemetocele was submitted to lamellar keratoplasty with equine renal capsule preserved in glycerin in the right eye and conjunctival pedicle graft in the left eye. The evolution was satisfactory in both eyes, but better in the eye receiving the equine renal capsule, because the corneal transparence was more evident in that eye. On the other hand, the surgical period was more quickly in the eye receiving the equine renal capsule because the preparation of the conjunctival pedicle before the keratoplasty was not necessary.

scholarly journals Handedness results from complementary hemispheric dominance, not global hemispheric dominance: evidence from mechanically coupled bilateral movements

2018 ◽  
Vol 120 (2) ◽  
pp. 729-740 ◽  
Author(s):  
Elizabeth J. Woytowicz ◽  
Kelly P. Westlake ◽  
Jill Whitall ◽  
Robert L. Sainburg
Keyword(s):  
Motor Control ◽  
Dynamic Control ◽  
The Other ◽  
Hemispheric Dominance ◽  
Control Mechanisms ◽  
Left Hand ◽  
Right Hand ◽  
Other Hand ◽  
Task Component ◽  
The Right

Two contrasting views of handedness can be described as 1) complementary dominance, in which each hemisphere is specialized for different aspects of motor control, and 2) global dominance, in which the hemisphere contralateral to the dominant arm is specialized for all aspects of motor control. The present study sought to determine which motor lateralization hypothesis best predicts motor performance during common bilateral task of stabilizing an object (e.g., bread) with one hand while applying forces to the object (e.g., slicing) using the other hand. We designed an experimental equivalent of this task, performed in a virtual environment with the unseen arms supported by frictionless air-sleds. The hands were connected by a spring, and the task was to maintain the position of one hand while moving the other hand to a target. Thus the reaching hand was required to take account of the spring load to make smooth and accurate trajectories, while the stabilizer hand was required to impede the spring load to keep a constant position. Right-handed subjects performed two task sessions (right-hand reach and left-hand stabilize; left-hand reach and right-hand stabilize) with the order of the sessions counterbalanced between groups. Our results indicate a hand by task-component interaction such that the right hand showed straighter reaching performance whereas the left hand showed more stable holding performance. These findings provide support for the complementary dominance hypothesis and suggest that the specializations of each cerebral hemisphere for impedance and dynamic control mechanisms are expressed during bilateral interactive tasks. NEW & NOTEWORTHY We provide evidence for interlimb differences in bilateral coordination of reaching and stabilizing functions, demonstrating an advantage for the dominant and nondominant arms for distinct features of control. These results provide the first evidence for complementary specializations of each limb-hemisphere system for different aspects of control within the context of a complementary bilateral task.

scholarly journals Ευθανασία: Πρακτικές που εφαρμόζουν οι χώρες της Ευρωπαϊκής Ένωσης

Bioethica ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 89
Author(s):  
Αλεξάνδρα Κοζαμάνη (Alexandra Kozamani)
Keyword(s):  
European Union ◽  
End Of Life ◽  
The Other ◽  
Self Determination ◽  
Healthcare Personnel ◽  
The European Union ◽  
Other Hand ◽  
Receive Treatment ◽  
The Right

Euthanasia is one of the issues that bioethics deals with, which is one of the outmost importance. Furthermore it is very up-to-date. In Greece and in most countries of the European Union euthanasia has not been subject to specialized legislation. It is only occasionally debated, resulting in tension and conflict. On one hand, people have the right to self determination, so the end of life should be among them. On the other hand, life is considered to be of the highest value and it is the duty of healthcare personnel to guard and preserve it by any means, using their expertise and knowledge.In this paper, a brief report is made to the practices used across countries in the European Union regarding the end of life. Most countries are opposed to euthanasia while acknowledging the right of a patient to refuse or receive treatment. Only three countries have passed bills that legalize euthanasia under strict conditions. The rest, due to sensitivity in this matter, have not yet proceeded in reforming their laws accordingly. It seems that society does not have the necessary reassurances so that they can engulf that issue guarding the true will of a person.

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