scholarly journals Reopening the Langelier—Mignault Debate on Unauthorized Transactions Involving a Minor's Property

2014 ◽  
Vol 39 (1) ◽  
pp. 101-125
Author(s):  
Joshua A. Krane ◽  
Michael H. Lubetsky
Keyword(s):  
Nineteenth Century ◽  
Legal Status ◽  
Prior Authorization ◽  
Relative Nullity ◽  
Alternative Approach ◽  
Policy Objectives ◽  
A Minor

Under section 213 C.C.Q., immovables, enterprises, and important pieces of family property belonging to a minor can only be sold in cases of necessity, and only then with prior authorization from the court or the tutorship council. What is the legal status, therefore, of a contract of sale of a minor's property made by his tutor in violation of this provision? This question inspired a vigorous debate in both France and Quebec throughout the nineteenth century. Mignault "settled'' this debate in 1896 by declaring such a contract to be tainted with relative nullity. Now, over a century later, the law's attitude toward the protection of minors has changed significantly, which makes it appropriate to revisit Mignault's thesis. This paper argues that the sanction of relative nullity is inconsistent with both the text and underlying policy objectives of the section, and that an alternative approach must be adopted.

On Civil and Free Marriages in Romania Before 1914

2018 ◽  
Vol 44 (2) ◽  
pp. 200-218
Author(s):  
Marius Rotar
Keyword(s):  
Nineteenth Century ◽  
Legal Status ◽  
Orthodox Church ◽  
Current Analysis ◽  
Starting Point ◽  
The Subject ◽  
Romanian Orthodox Church ◽  
A Minor ◽  
Romanian Orthodox

The current analysis looks at the ways in which free marriage was regarded in the Romanian society until 1914. The starting point is the change in the legal status of the institution of marriage in Romania starting with the nineteenth century. Laicization of marriage led in this way to heavy criticism from the part of the Romanian Orthodox Church. Under the influence of European models, the issue of free marriage started to gain ground in Romania as well. In conclusion, it is underlined that the subject was a minor one in Romania, being practiced only as exceptions to the rule.

The Legal Status of Religious Minorities: Imāmī Shī'ī Law and Iran's Constitutional Revolution

2003 ◽  
Vol 10 (3) ◽  
pp. 376-408 ◽  
Author(s):  
Daniel Tsadik
Keyword(s):  
Nineteenth Century ◽  
Legal Status ◽  
Religious Minorities ◽  
Constitutional Revolution ◽  
The Revolution

AbstractThis study investigates the extent to which the laws of Iran's Constitutional Revolution mark a break with Islam with regard to the legal status of religious minorities as reflected in the writings of some eighteenth- and nineteenth-century Imāmī Shī ī ulamā . Whereas Shī ī law usually treated religious minorities and Shī īs differentially, some—but not all—of the Revolutionary enactments treat religious minorities as the equals of Muslims. I conclude that the legal status of some religious minorities improved only somewhat during the Revolution as compared to their status under Shī ī law. The two-faced nature of the Revolution's enactments echoes the rival forces at work. The controversy over whether religious minorities should be treated as equals was legal in nature, but no less a dispute over the orientation of Iranian society.

scholarly journals Legal Status of Minor Testator’s Parents Deprived of Parental Authority in Intestate Succession. Some Remarks on the Solutions in Polish, Russian, and Italian Law

2021 ◽  
Vol 47 (4) ◽  
pp. 107-134
Author(s):  
Hanna Witczak
Keyword(s):  
Legal Status ◽  
Parental Authority ◽  
Legal Systems ◽  
Family Ties ◽  
Italian Law ◽  
Parental Obligations ◽  
Legal Situation ◽  
Polish Law ◽  
The Right ◽  
A Minor

The legal situation of minor testator’s parents in intestate succession poses a significant legal and social problem. In Polish law, parents who have been deprived of parental authority continue to enjoy their civil-law status; in other words, they maintain the right to inherit from their child under statute. Meanwhile, the reasons for which the court applied the strictest possible “sanction” in the form of deprivation of authority of parents who, in exercising their rights under parental authority, seriously violated the child’s interest or grossly neglected parental obligations, which is noticeable even to an ordinary bystander, seem to be sufficient “proof” that family ties, which are decisive for the statutory title to inherit, do not exist. If these ties are severed or seriously disrupted, the consequences should be seen in all areas of life. Simply put, persons who deliberately break apart the family should not enjoy the advantages that the law provides for testator’s closest relatives. In such a case, to consider the effect of deprivation of parental authority by “releasing” its holders from any obligation towards the child may not be considered a sufficient civil sanction, especially given that in the vast majority of cases, the reason for such deprivation is gross neglect of parental duties by one or both parents. The consequences of this type of negligence should also, if not primarily, consist in the deprivation of pecuniary benefits that the parents of a minor could enjoy after his or her death. The current legal solutions governing this area undoubtedly need to be revised. Such imperfect normative solutions adopted in Polish law prove the need to propose de lege ferenda recommendations. In this context, it is worthwhile to have a look at the normative solutions adopted in foreign legal systems and whether they can be grafted on Polish law. The reference to the Russian and Italian legal systems seems particularly recommendable due to the fact that their normative solutions directly allude to the institution of deprivation of parental authority in the context of admissibility of the title to inherit.

scholarly journals Legal Peculiarities of Child Custody of Minor Parents with an Incomplete Parental Status

2020 ◽  
Vol 6 ◽  
pp. 22-25
Author(s):  
Ekaterina E. Lekanova ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Protection ◽  
Legal Regulation ◽  
Minor Parent ◽  
The Family ◽  
The Russian Federation ◽  
A Minor ◽  
The Guardian ◽  
Family Code

Despite the existence of an article in modern Russian legislation on the legal status of minor parents, many legal issues related to the implementation and protection of the rights, duties, interests of a minor parent and his child remained outside family legal regulation, which exacerbates the already difficult problem of legal protection of early parenthood. Moreover, the provisions of Article 62 of the Family Code of the Russian Federation are very inharmoniously combined with the rules of guardianship of minors. The aim of the work is to analyze the legislation on the legal status of minor parents and guardians, to identify the legal characteristics of the care of a child of minor parents. The author concludes that the features of the care of a child of minor parents, in addition to the age of one or both parents, in the case of the appointment of a guardian include: a combination of parenthood and guardianship; unequal opportunities for the care of a child by a minor parent who is not able to independently provide care, and by the legal representative of the child of the minor parent; special (additional) grounds for terminating guardianship of a child of minor parents; the need for the guardian to live together not only with the child in care, but also with his parent. The norms of paragraph 2 of article 62 of the Family Code of the Russian Federation and paragraph 2 of article 29 of the Federal law «On Guardianship and Custodianship» should be adjusted. It is proposed to introduce special rules for the selection of the guardian of a child of a minor parent, which would properly ensure the right of the minor parent to live together with the child.

scholarly journals Pharmaceutical Product Liability, Litigation Regimes and the Propensity to Patent: an Empirical Firm-level Investigation

2020 ◽  
Author(s):  
Mitja Kovac ◽  
Salvini Datta ◽  
Rok Spruk
Keyword(s):  
Legal Status ◽  
Patent Application ◽  
Product Liability ◽  
Pharmaceutical Product ◽  
European Patent ◽  
Firm Level ◽  
Patent Applications ◽  
A Minor ◽  
Second Category ◽  
The Empirical Analysis

<p>Our data on the legal status of patent applications is from European Patent Office's (EPO) PATSTAT database which contains bibliographic and legal status firm-level patent data from leading industrialized and developing countries for the period 1995-2015. Sixteen different forms of legal statues are broadly classified and systematized into four broad categories. The first category entails the patent applications sent to EPO. This category is used to code firm-level observations based on whether the patent application has been submitted to EPO. The second category comprises the pooled firm-level observations for which the patent application has been approved and official validated. This category comprises the firms for which a valid patent has been approved in a given year. The third category comprises the firms whose patent application has been rejected by EPO on various ground which exceed the scope of this paper. And fourth, the remaining forms of legal status were coded into miscellaneous category which amounts to a minor fraction of the whole set of applications and which are omitted from the empirical analysis.</p>

scholarly journals The Motive Of Crime In Foreign Law: A Comparative Legal Analysis

2019 ◽  
pp. 145-154
Author(s):  
Yu.V. Leka
Keyword(s):  
Legal Status ◽  
State Level ◽  
Minor Element ◽  
Legal Analysis ◽  
Foreign Countries ◽  
European Standards ◽  
Basic Approaches ◽  
A Minor ◽  
Criminal Legislation ◽  
Subjective Side

The article substantiates the need to carry out a comparative legal analysis of Ukrainian and foreign legislation on fixing the motive of the crime and its criminal- legal significance. Comparative analysis of the laws of foreign countries is made taking into account the membership of countries in the legal systems. The research of the legal status of the motive of crime in the legislation of foreign countries was carried out on the basis of consideration of basic acts of criminal legislation approved at the state level by the higher legislative bodies of a state. The analysis of various approaches to determining the motive of the crime based on the works of foreign and domestic scientists. On the basis of consideration of normative legal acts of criminal nature of foreign countries, the main terms, which indicate the motive of the crime are defined. The basic approaches of fixing the motive of crime in the legislation of foreign countries are defined and the ways of improvement of the Ukrainian legislation in this matter are proposed. It has been established that the legislation of some countries clearly traces the role of motive as a circumstance aggravating punishment and as a sign that must be taken into account directly in sentencing. In spite of this, most countries still hold a position of indifference to the motive of the crime, recognizing it as a minor element of the subjective side of the crime. It is established that the position of the Ukrainian legislator on the optionality of the sign of motive among other constituents of the subjective side of the crime and the obligatory sign among the elements of evidence in the criminal process is quite logical and justified. But many aspects related to the motive for the crime must be refined. Ukrainian legislation, including criminal law, become more progressive every year and meets European standards.

3. Global America

2019 ◽  
pp. 42-62
Author(s):  
Andrew Preston
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
The United States ◽  
Great Powers ◽  
Economic Power ◽  
World War ◽  
Wealthy Country ◽  
The World ◽  
A Minor

By the end of the nineteenth century, the United States had become the world’s preeminent economic power. Yet for such a large and wealthy country, by 1890 the United States was in a curious position: it was an economic colossus, but a diplomatic and military dwarf. In comparison to the great powers of Europe or Japan, America was a minor actor on the world stage. That would all soon change. ‘Global America’ explores two phenomena—globalization and world war—that brought America deeper into world affairs. By the end of the period, in 1919, the United States had become one of the greatest powers of the world—and yet refused to play its part.

Mitigation for minors: Exploring the nuances of social constructs and legal status in structuring sentences for youthful offenders

2017 ◽  
Vol 20 (4) ◽  
pp. 498-522
Author(s):  
Megan C Kurlychek
Keyword(s):  
New York ◽  
Social Status ◽  
Legal Status ◽  
New York State ◽  
Social Constructs ◽  
Sentencing Decisions ◽  
The Social ◽  
The Individual ◽  
A Minor ◽  
Youthful Offender

New York State is one of only two states in the nation that processes all 16- and 17-year-old defendants as adults. Contrary to this seemingly punitive stance, the state also maintains a Youthful Offender Statute that requires mitigated punishments for youths up to their 19th birthday upon court designation of youthful offender status. This study empirically examines the individual and combined impact of the social status of being a “minor” and the legally awarded status of being designated a youthful offender, upon adult court sentencing decisions framing the discussion within broader conceptualizations of youthfulness, culpability, and punishment. Utilizing a population of all youths ages 16–21 whose cases were disposed in New York between 2000 and 2006, this study finds the legally defined status of youthful offender to provide much greater mitigation at sentencing than the more general social status of being a minor. Findings are discussed as they relate to categorical and individualized assessments of culpability. In addition, as the study finds individualized assessments of culpability to be related to factors such as gender and race, broader implications for the role of court assigned statuses and mitigation of punishment are offered.

The Carabao and the Encounter of the Law in Nineteenth-Century Philippines

2019 ◽  
Vol 27 (3) ◽  
pp. 307-326
Author(s):  
Nicolo Paolo P. Ludovice
Keyword(s):  
Nineteenth Century ◽  
Legal Status ◽  
Water Buffalo ◽  
Private Property ◽  
Historical Context ◽  
The Philippines ◽  
Legal Research ◽  
Human Animal ◽  
Philippine History

AbstractThe place of the non-human animal in the legal world has been questioned. Animals’ legal status as property has been probed on how to best protect their welfare. While this is significant for animals who are not on the farm, it might not be effective when considering animals raised for food. The case of the carabao, or the water buffalo, in the Philippines is seen as a hybrid. This article traces the development of the carabao in Philippine history during the nineteenth century. Through historical, archival, and legal research on animals, the carabao is situated as private property. Colonial instruments of control were introduced to protect the carabao from criminals. In its proper historical context, the classification of carabaos as property indeed highlighted the animal’s status as legally owned, which did not necessarily demean the animal’s relationship with the human peasant nor the carabao’s quality as an animal.

Shepherding in Colonial Australia

Rural History ◽  
2008 ◽  
Vol 19 (1) ◽  
pp. 55-80 ◽  
Author(s):  
JOHN PICKARD
Keyword(s):  
Nineteenth Century ◽  
New Technology ◽  
Living Conditions ◽  
Minor Role ◽  
Critical Component ◽  
Women And Children ◽  
Good Productivity ◽  
A Minor ◽  
Productivity Gains ◽  
Wool Industry

AbstractShepherds were a critical component of the early wool industry in colonial Australia and persisted even after fencing was adopted and rapidly spread in the later nineteenth century. Initially shepherds were convicts, but after transportation ceased in the late 1840s, emancipists and free men were employed. Their duty was the same as in England: look after the flock during the day, and pen them nightly in folds made of hurdles. Analysis of wages and flock sizes indicates that pastoralists achieved good productivity gains with larger flocks but inflation of wages reduced the gains to modest levels. The gold rushes and labour shortages of the 1850s played a minor role in increasing both wages and flock sizes. Living conditions in huts were primitive, and the diet monotonous. Shepherds were exposed to a range of diseases, especially in Queensland. Flock-masters employed non-whites, usually at lower wages, and women and children. Fences only replaced shepherds when pastoralists realised that the new technology of fences, combined with other changes, would give them higher profits. The sheep were left to fend for themselves in the open paddocks, a system used to this day.

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