Fraus Legis in Constitutional Law: The Case of Expropriation "Without" or for "Nil" Compensation

Fraus legis – defrauding or evading the application of law – is a phenomenon well-known to students of private law, but its application in public law, including constitutional law, remains largely unconsidered. To consider whether a transaction, or, it is submitted, an enactment, is an instance of fraus legis, an interpreter must have regard to the substance and not merely the form of an enactment. In 2018 Parliament resolved to amend section 25 of the Constitution of the Republic of South Africa, 1996 (the Constitution) to allow government to expropriate property without being required to pay compensation. While the public and legal debate has since before that time been concerned with "expropriation without compensation", the draft Constitution Eighteenth Amendment Bill, 2019 provides instead for expropriation where "the amount of compensation is nil". By the admission of Parliament's legal services unit, this is a distinction without a difference. But compensation and expropriation are legally and conceptually married, and as a result, it would be impermissible to expropriate without compensation – instead, nil compensation will be "paid". How does this current legal affair comport with the substance over form principle, and is fraus legis at play? This article considers the application of the fraus legis phenomenon to public law, utilising the contemporary case study of the Constitution Eighteenth Amendment Bill.

Novel experimental work on animals: Law and ethics’ perspective

There are ethics for making experiments on animals that should be restricted by for respect and safety of animal's right of living. The basic of these procedures is forbidden because animals are creatures of God and his soul. These experiments are allowed within certain restrictions for the importance of saving human beings. There is a legal affair for those who don't show a commitment in dealing with these ethics while they are dealing with experiments on living creatures.

From a deadlock conflict of multiracial to Exploratory Factors Analysis on nationality decision making of Thai-Japanese multiracial group in Thailand

Identity value and nationality status are the sensitive issues which could lead to country problems. Also, Society awareness, racism, and discrimination to traveler, refugee, migrant, and multiracial are the major problems of international community. Mostly, there are few countries have revealed the data of this group in official report such as Thailand and Japan because of the complexity of national act ,policies and also the characteristic of society awareness meanwhile the number of people in this group tends to increase parallel with the number of long-stay tourist, refugee to international marriage. According to Tokyo Legal Affair Bureau is not allowed people to have dual nationality. The decision of their nationality will be forced indirect by law at age of 22 years old. According to Japan Times 2019 surveyed from 1,449 multiracial Japanese recipients in Japan, 76.8% refused to renounce citizenship, 76.8 using two passports, and 93.2% asking to change of nationality act. These issues could impact from the top to down country structure and international conflict as well. Keywords: multiracial,factor,nationality

Fiduciary Transfer of Property // Fiducijarni prenos svojine

The article deals with the Institute of fiduciary transfer of property as a security means of debit claims and also deals with necessity to initiate that institute into a legal system of Bosnia and Herzegovina. Fiduciary legal affair is a prerequisite for aquiring fiduciary property. This is basically a state of affairs in which the debtor is obliged to transfer his right ( mostly the property) to the fiduciary and the fiduciary is obliged to execute that right and after the completion of necessary presumptions return it to the debtor. The author is of the opinion that it is a positive thing that the aforementioned Institute has not been initiated into the legal system of Bosnia and Herzegovina as yet, because similar results are being achieved by means of registered pledge which creates less uncertainty and also less risk for the debtor in reality.

Osnivanje založnog prava / Foundation of the Pledge Law

According to the forms of founding, pledge law divides into three groups : voluntary, judicial and legal. The Proprietary law of Republika Srpska predicts that a voluntary pledge law can be achieved over certain goods or right on the basis of the legal affair, judicial pledge law to be established on the basis of settlement of the creditors in the executive proceedings, and legal pledge law anticipates its realization in acccordance with the law. Pledge law has been founded upon fulfillment of all general and special legal conditions that differs for particular types of the pledge law.