scholarly journals Maternity Contract based on the birth for someone else / Materinstvo na osnovu ugovora o rađanju za drugog

2015 ◽  
Vol 5 (5) ◽  
pp. 54
Author(s):  
Илија Бабић
Keyword(s):  
Married Couple ◽  
Civil Code ◽  
Parental Rights ◽  
Surrogate Mother ◽  
Parental Relationship ◽  
Legal Standards ◽  
The Status ◽  
The Moment ◽  
Preliminary Draft

The Draft of the Serbian Civil Code provides for a new contract for the birth for another person, on the basis of which the parental relationship is established. This contract obligates the surrogate mother to carry and give birth to a child and deliver it to the married couple or companions (the intended parents), after impregnation by seeding cells of one or both of the intended parents. The intended parents are required to take the child and establish the parental relationship with the child.The contract can be signed by a woman who lives with a surrogate mother (particularly justified by the reasons and determined on by the court in a contentious procedure - Article 63 of the preliminary draft), when it is necessary to use the seeding cells of the intended mother.The contract on the birth for another person is not in the interest of the child. In the countries where it has been adopted, it represents a means of exploitation of the poorest women and it is unnatural. In the Draft, the contract is regulated mainly according to the general legal standards, whereas the autonomy of the parties involved regulates the rights and obligations (such as the waiver of surrogate mother to the status of mother, the moment of acquisition of parental rights of the intended parents, the handover of the child, reimbursement of reasonable costs, etc).

scholarly journals The Non-Property Personal Rights and Obligations of Parents Towards Children

2016 ◽  
Vol 1 (3) ◽  
pp. 61
Author(s):  
Anilda Shestani
Keyword(s):  
The Other ◽  
Modern Concept ◽  
Parental Rights ◽  
Best Interest ◽  
Legal Representation ◽  
Parental Relationship ◽  
Property Relations ◽  
Parents And Children ◽  
Personal Rights ◽  
The Status

Parental responsibility is already defined in the Family Code as “the totality of the rights and obligations that aimed to ensure emotional, social and material welfare of the child, taking care, maintaining personal relations with him, and assuring him welfare, education, legal representation and administration of his property”. In this paper will be analyzed the parental rights and obligations that exercised about the personality of the child that arise as a result of personal non-property relations. This set of rights and duties is different from the other groups of rights and obligations of parent exactly for the lack of their economic content. Parental rights and obligations are the same regardless of the source of birth of parental relationship, biological or declaration of the will on one side, or regardless of the status of children born from the marriage or outside it, on the other side. The concept of the relationship between parents and children has changed a lot from the past in the time that we live today. In the modern concept, parental authority in exercising the rights and obligations to children is conceived in the interest of minors implying therefore the idea of protection that parents are obligated towards their children. This paper will also show how the non-property personal rights and obligations of parents towards the children are applicable in the practice; what are the main problems that appeared during this process and best recommendations for an efficient exercise of these rights and obligations based on the best interest of the child.

scholarly journals Surrogate Mother Agreement and the Effect on Children's Status Born

2020 ◽  
Vol 1 (2) ◽  
pp. 311-324
Author(s):  
Filda Achmad Al Yadainy
Keyword(s):  
Legal Status ◽  
Married Couple ◽  
Fertilization In Vitro ◽  
Surrogate Mother ◽  
Fourth Condition ◽  
The Status ◽  
Legal Marriage ◽  
Husband And Wife

That surrogate mother is one of the IVF techniques (fertilization in vitro), the seeds must come from the husband and wife pair and then put in the womb of another woman. After the child is born another woman is obliged to give the child to a married couple who ordered the agreed agreement. In this research, the author aims to find out how the validity of the agreement surrogate mother and what is the legal status of children born from agreements surrogate mother. Agreement is asomething that someone or some people commit themselves to someone or some people who tie themselves to others, and while Legitimate children are children born in or due to a legal marriage. The theory used (statue approach) by examining all regulatory laws. Results of research on the validity of the agreement surrogate mother, the agreement is invalid because it is based on the fourth condition in terms of the validity of an agreement Pasal 1320 KUHPerdata that is, due to "the existence of halal reasons" and as for the status of the child from the status of the child who was born that the child is the child of a surrogate who already conceived and gave birth to her.

scholarly journals Some Issues Related to the Implementation of the Right to Protection by Individuals in Respect of Whom Criminal Proceedings Are Carried Out to Prove Them Guilty of Committing a Crime

2021 ◽  
Vol 15 (2) ◽  
pp. 396-404
Author(s):  
OL’GA P. ALEKSANDROVA ◽  
LYUDMILA YU. BUDANOVA
Keyword(s):  
Human Rights ◽  
Legal Regulation ◽  
Defense Attorney ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Standards ◽  
The Status ◽  
The Moment ◽  
The Right

Introduction: the article deals with the issues of protection of the rights and freedoms of persons against whom criminal proceedings are carried out to prove them guilty of committing a crime; these issues have always been in the focus of attention of the progressive world community and the legislator. Aims: to analyze the legislation and law enforcement practice of Russia and some other countries in the field of the implementation of the right to protection by persons against whom criminal procedural activities are carried out to prove them guilty of committing a crime, to identify problem issues of a legal nature in this field, and to formulate scientifically substantiated recommendations to address them (minimization). Methods: the dialectical method of scientific knowledge forms the methodological basis of our study. We also use the following methods of scientific cognition: systematic, formal-logical, comparative-legal, etc. Results: the practice of ensuring the right to protection from suspicion or charge, including the decisions of the European Court of Human Rights, shows that not all issues of legal regulation in this area have been resolved to a degree that satisfies science and practice; human rights established by international legal standards are still being violated, the principle of adversarial parties in criminal proceedings is not implemented to the fullest extent, especially in pre-trial proceedings. Discussion: currently, the following issues are debatable: about the possibility of participation of the defender before an official suspicion or charge is brought against the person in an initiated criminal case (from the moment of the beginning of the implementation of procedural actions against a person, aimed at verifying the report of a crime and the involvement of the person in the commission of this crime, before the initiation of a criminal case, as well as from the moment of the implementation of a procedural action in an initiated criminal case affecting the rights and freedoms of the person against whom it is being carried out, and aimed at proving them guilty of committing the crime); about the possible participation of another person as a defender upon the request of the defendant, as well as the scope of the requirements such persons should comply with, and a set of criteria, according to which a decision should be made to allow the individual who does not have the status of defense attorney to act as a defender. Conclusions: based on the results of the study, we formulate proposals for improving the criminal procedure legislation aimed at expanding the scope of possible participation of a defender in criminal proceedings at the stage before the official suspicion or charge is brought, and determining the procedure for considering applications for allowing other persons who do not have the status of defense attorney to act as a defender. Keywords: Criminal prosecution; defender; defense attorney; petition

"MOTHER, SHOWING NO SPECIAL AFFECTION FOR YOU, WRITES TO YOU VERY FRIENDLY". COUNT V.A. MUSIN-PUSHKIN'S PRE-WEDDING LETTERS TO HIS BRIDE

2020 ◽  
pp. 59-75
Author(s):  
Yuliya V. Kim ◽  
Keyword(s):  
Everyday Life ◽  
Family Life ◽  
Married Couple ◽  
State Archive ◽  
Human Relations ◽  
Russian State ◽  
The Family ◽  
The Status ◽  
Traditional Patterns ◽  
Power Hierarchy

The article presents two letters from V.A. Musin-Pushkin which he wrote to his bride shortly before the wedding in 1828 (the letters are kept in the Russian State Archive of Ancient Acts). The text of the letters reflects the context of the time and everyday life, the system of views and the peculiarities of the worldview of a young aristocrat, the specific features of intra-family interaction in the field of feelings, marriage, human relations which inevitably turn out to be associated with the concepts of the family honor, family duty, the need to preserve the status of a noble family. The author traces how the power hierarchy is manifested at the level of relations within a close circle of relatives, as well as how traditional patterns are combined with new elements. Vladimir Alekseevich Musin-Pushkin, the youngest son of the archaeographer Count A.I. Musin-Pushkin, was arrested in connection with the case of the Decembrists, transferred from the Guards to the army and exiled to serve in Finland, where he met his future wife, Emilia Karlovna Shernval von Wallen. The article provides details of the family life of this married couple, as well as private facts from the biography of some other members of the Musin-Pushkin family.

Through the Lens of Gadamer’s Hermeneutics: In comparison between Amina Wadud’s and Mohammed Talbi’s Interpretations of Q. 4:34

SUHUF ◽  
2017 ◽  
Vol 9 (2) ◽  
pp. 193-214
Author(s):  
Afifur Rochman Sya'rani
Keyword(s):  
Gender Inequality ◽  
Married Couple ◽  
Contextual Approach ◽  
The Status ◽  
Similarities And Differences ◽  
The Difference ◽  
Muslim Scholars ◽  
The Way

Most of traditional Muslim exegetes interpret Q. 4:34 in terms of maintaining the superiority of men over women. Some progressive Muslim scholars then insist a contextual approach to the verse to criticize gender inequality. Among some progressive Muslim scholars, this article comparatively examines the interpretations of Amina Wadud and Mohammed Talbi of Q. 4:34. Although both of them propose a contextual reading of the verse, they have different intellectual background, approach and method in interpreting the Qur’ān. The questions are to what extent the similarities and differences of both Wadud’s and Talbi’s interpretation of Q. 4:34 and how far their interpretations reflect their respective intention and perspective? Applying Gadamer’s hermeneutical approach, the article concludes that [1] Both Wadud and Talbi argue that the verse does not establish the superiority of men over women, but acknowledges duties division among married couple; [2] the difference among their interpretations is on the status of relationship among married couple; [3] Wadud’s and Talbi’s interpretations represent their respective hermeneutical situations and the way they define ontologically the nature of  interpretation and Qur’anic hermeneutics affect on producing the meanings of the verse.

To the Matter of Procedural and Legal Problems of Detaining a Person on Suspicion of Committing a Crime

2021 ◽  
Author(s):  
E.V. Bolshakov ◽  
◽  
I.D. Nazarov ◽  
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Judicial Practice ◽  
Procedure Code ◽  
Legal Nature ◽  
The Status ◽  
The Subject ◽  
The Russian Federation ◽  
The Moment

The subject of the research within the framework of the article is the criminal procedure institute for the detention of a person on suspicion of committing a crime. The legal nature of this institution is analyzed, and comments are given on the normative legal acts and judicial practice regulating the issues of detention. The theoretical basis of the research is based on the publications of the last two decades on this problem, in particular, reflecting the discussion of the process scientists S. A. Shafer, S. B. Rossinsky and A. A. Tarasov, the subject of which was the issue of the legal nature of a suspect detention in a criminal case. In the paper, the authors ask the following questions: What is the detention of a person on suspicion of committing a crime in accordance with the legislation of the Russian Federation? From what moment does the detained person acquire the status of a suspect? Is it possible to detain a person before initiating a criminal case? The study concludes that a person acquires the actual status of a suspect from the moment of direct detention, that is, before documenting this status and, as a result, before initiating a criminal case. Amendments to the articles of the Criminal Procedure Code of the Russian Federation are proposed, and the authors` versions of the definitions of the concepts «detention of a suspect», «the moment of actual detention» and «pre-trial proceedings» are given.

scholarly journals Akibat Hukum Anak yang Dilahirkan dalam Kawin Hamil

2020 ◽  
Vol 5 (2) ◽  
pp. 233
Author(s):  
R. Tetuko Aryo Wibowo ◽  
Thohir Luth
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Civil Code ◽  
Marriage Law ◽  
Illegitimate Child ◽  
The Status ◽  
Legal Consequences

This study aimed to explore deeply about the legal consequences of children born as a result of married by accident. The method used is formative juridical with the main reference Article 53 Compilation of Islamic Law, Article 250 of the Civil Code, Article 42 of the Marriage Law, and the Al-Qur’an namely Surat Al Isra ‘verse 32. The results of the study indicate that based on Compilation of Islamic Law, Article 250 of the Civil Code, and Article 42 of the Marriage Law, the legal status of a child resulting from a married by accident is a legitimate child, so it has the descent, inheritance rights, and guardianship rights of both parents. However, based on the Qur’an and the opinion of jumhur ulama, the legal status of a child resulting from the married by accident depends on the length of birth from the time of marriage. If more than six months old, the child’s status is legitimate so that he is entitled to both parents. If it is less than six months, then the status is an illegitimate child, so that he is only entitled to his mother from the descent, guardianship rights, and inheritance rights.

scholarly journals MODERN LEGISLATION REGULATING STATUS OF LEGAL ENTITY

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 250-255
Author(s):  
K. S. Zhylkichieva ◽  
A. A. Kalybaeva ◽  
G. Zh. Koshokova
Keyword(s):  
Civil Law ◽  
Criminal Code ◽  
Civil Code ◽  
Kyrgyz Republic ◽  
Legal Entity ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Law ◽  
General Regulation ◽  
Legal Entities

The article analyzes using the normative and systematic methods, as well as analysis and synthesis, the content of the statements of Constitution of the Kyrgyz Republic, Civil Code of the Kyrgyz Republic, Criminal Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic «About Normative Legal Acts of the Kyrgyz Republic», the Law of the Kyrgyz Republic «On the Regulations of the Jogorku Kenesh of the Kyrgyz Republic» and the works of the legal scholars. It examined the provisions of laws adopted for general regulation and concludes they are serious problems, because of them there is a "blurring" of the contour of the legislation on legal entities in the article. The publication supports the opinion of the authors of the Concept for Development, according to which the regulation of the status of legal entities in the civil legal field can be characterized by a set of the laws and regula-tions in force in the Kyrgyz Republic, which do not always correspond to each other, as well as to the Civil Code. The low legal and technical level and ineffectiveness in practice are also shown by some adopted laws. It noted the Civil Code of the Kyrgyz Republic, adopted on May 8, 1996, created the new foundation for the regulation of legal entities, which was supplemented by many new laws over the next decades in the article. The authors come to the conclusion the fairly honest assessment can be applied to the established regulation – that with the main vector of development of the Concept of Civil Legislation in Kyrgyzstan, in general, there is an economic, social and well-grounded the logic and generally justifiable modern civil law in relation to legal entities. But at the same time, for many problems, correct solutions have not yet been found and no efficiency ratings have been given.

scholarly journals The principle of self-determination in the family law through history and today

2004 ◽  
pp. 159-178
Author(s):  
Gordana Kovacek-Stanic
Keyword(s):  
Parental Care ◽  
Family Law ◽  
Family Relations ◽  
Historical Context ◽  
Civil Code ◽  
Self Determination ◽  
200Th Anniversary ◽  
Parents And Children ◽  
The Family ◽  
The Moment

In the jubilee year 2004, Serbia marks the 200th anniversary of The First Serbian Uprising, structuring of modern Serbian state and its legal system comparatively speaking, France marks the 200th anniversary of passing the French Civil Code, one of the most significant civil codifications in the 19th century. It was an occasion to study certain institutions of family law through history and today. The used approach is modern, we studied the ways how the principle of self-determination influenced the family-legal solutions today, and we investigated if one could talk about the effect of this principle in the historical sense, too. The principle of self-determination implies the possibility for the subjects of family-legal relations to arrange their own relations themselves ? both the partner and parent relations. However, this principle undergoes significant limitations in the family law because the family relations are personal relations by character, as well as because of the need to protect the weaker participant, both the weaker partner or a child who needs protection stemming from his/her very status. Within marriage law, the principle of self-determination of the spouses (extramarital partners) is, among other things, made concrete through the possibility for an agreement about the effects of marriage (extramarital union), then through the possibility of agreed divorce, while the procedure of mediation in the marriage litigation contributes to the realization of the mentioned principle. As for the effects of marriage (extramarital union), the paper particularly discusses property relations, that is the marriage property contract, because it is at the moment a current issue in our domestic law. Within the relations between parents and children, the concretization of the principle of self-determination in parental care is significant, particularly in the situations when the relations between the parents were disturbed and resulted in a separation or a divorce with the joint parental care (application of the parental right). All institutions are analyzed in the positive law, in the historical context (solutions from the Serbian Civil Code the former Hungarian Law), and viewed comparatively in the European legal systems of the east and west European countries.

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