Civil Chamber Research Articles

Transakcje sprzedaży chłopów w powiecie mohylowskim w pierwszej dekadzie XIX wieku

Nowadays, peasants are becoming the subject of scientific studies more and more often. The problem of selling the peasants became an important part of current historical research on rural population. This issue takes an important part within the scope of social history but also history of economics. The aim of the research was to describe phenomenon of selling the peasants in microscale of Mohylów Podolski poviat within Podillia Province of Russian Empire during the first decade of 19th century. At that time Podillia was already an integral part of Russian Empire however it was still under strong social and cultural influence of recently fallen Polish-Lithuanian Commonwealth. A source query in the court books of the Civil Chamber of the Land Court of the Mohylów Podolski poviat revealed 24 commercial entries regarding the sale of serfs. Transactions were expressed in both Polish zlotys and rubles. There is a great deal of variation in transaction values; from 29 to 100 rubles (from 200 to 700 zlotys) for male souls, from 13 to 30 rubles (from 90 to 210 zlotys) for a female soul and from 46.5 to 47.5 rubles (from 325.5 to 333 zlotys) for whole family. The differentiation of transaction values in individual categories could result from the age, health and qualifications of a peasant. The main reasons for the sale were: immediate financial need, repayment of previous credit obligations or compensation in the event of the marriage of the subjects and the related departure to another owner.

According to the Turkish Citizenship Law No. 5901 Evaluation of The Polygamy Problem in Acquiring Turkish Citizenship Through Investment with the Recent Decision of the 2nd Civil Chamber of the Supreme Court of Verdict Dated 04.26.2022

According to the Turkish Citizenship Law No. 5901 Evaluation of The Polygamy Problem in Acquiring Turkish Citizenship Through Investment with the Recent Decision of the 2nd Civil Chamber of the Supreme Court of Verdict Dated 04.26.2022

Absolwenci uczelni lubelskich na stanowiskach sędziów Sądu Najwyższego w okresie Polski Ludowej

The article presents graduates from Lublin higher education institutions who, in the course of their legal professional careers, assumed Supreme Court judge positions in the period of the Polish People's Republic. The chronological framework of the study covers the period from the Supreme Court resuming operation in 1945 until the end of the last, sixth term of the Supreme Court in 1990, although nominations of KUL (Catholic University of Lublin) and UMCS (Maria Curie-Skłodowska University) graduates as "regular" judges of the Supreme Court concern the very period of the Polish People's Republic. The extension of temporal scope has resulted in presenting the profiles of two judges, pre-war KUL graduates, who were acting judges of the Supreme Court from 1948 to 1949 at the off-site adjudication centre of the Civil Chamber of the Supreme Court in Lublin. It was 1959 when two KUL graduates were appointed judges of the Supreme Court under the procedure set out in the Law on the System of Common Courts. From 1962 onwards, the Supreme Court used to be staffed through an appointment of Supreme Court judges for five-year terms by the Council of State according to the Act on the Supreme Court. These included five post-war KUL graduates, three of whom had started their studies before the outbreak of war. The end of provision of legal education at KUL (the last graduation ceremony took place in 1952) and the launch of legal studies at UMCS in 1949 resulted in as many as seven UMCS graduates holding the Supreme Court judge positions in the 1970s and especially in the 1980s. The first of them was elected in 1972 for the 3rd term of the Supreme Court. When the Supreme Court closed its operation on 30 June 1990 (as a result of shortening the 6th term due to serious changes made in the system of government) it was composed by two KUL graduates and six UMCS graduates.

Itikad Baik Pembeli Tanah Sebagai Jaminan Perlindungan Hukum Terhadap Wanprestasi Penjual (Studi Kasus Putusan No. 9/Pdt.G/2018/PN.Kln.)

This research aims to analyse how the protection of the Buyer of the land in the event of a default is carried out by the Seller. This research method is empirical normative, namely from laws and regulations and interviews of speakers related to this paper. Based on Article 1338 paragraph (3) of the Civil Law and Supreme Court Circular No. 4 of 2016 concerning the Implementation of the Formulation of the Results of the Plenary Meeting of the Supreme Court Chamber in 2016, which is a guideline for the implementation of duties for the judiciary, the Formulation of the General Civil Chamber Number 4, is stated that Good faith when purchasing land is one of the legal protections for the Purchaser of the land, so it is necessary to obtain a guarantee of legal protection.

Penerapan Surat Edaran Mahkamah Agung Nomor 4 Tahun 2016 Dalam Sengketa Pembelian Tanah Yang Belum Terdaftar/Bersertifikat di Pengadilan Negeri Tanjung Balai

There is a development in the understanding of buyers with good intentions in buying and selling land, namely with the issuance of SEMA Number 4 of 2016 concerning the Enforcement of the Formulation of the Results of the 2016 Indonesian Supreme Court Chamber Plenary Meeting as a Guideline for the Implementation of Duties for the Court. The formulation of the problem to be studied is: first, how is the formulation of the law of the civil chamber regarding the definition of a good faith buyer in the Circular Letter of the Supreme Court Number 4 of 2016. Second, how is the application of SEMA No. 4 of 2016 in Court Decisions and Judge Considerations in Case Number 11/Pdt.G/2023/PN.Tjb. This research uses normative legal research, the main object of this normative legal research is court decisions related to good faith land buyers in the Tanjung Balai District Court decision No. 11/Pdt.G/2023/PN.Tjb. The results of this study, the first: "Specifically regarding the understanding of a good faith buyer as stated in the civil chamber agreement in SEMA No. 4 of 2016 at number 4, which completes the civil chamber agreement dated 9 October 2014 in letter a as follows: Conducting buying and selling of land objects belonging to customary / unregistered carried out according to customary law provisions.

Examination of the Scope of Digital Legacy in the Frame of Antalya District Court of Appeal 6th Civil Chamber’s Decision Dated 13.11.2020

Teknolojinin gelişmesiyle birlikte dijital varlıkların çeşitlenmiş ve maddi değerleri de artmıştır. Ancak dijital varlıkların mirasçılara intikali hususunda yasal bir düzenleme bulunmamaktadır. Dijital varlıklar; sosyal medya, bulut ve e-posta hesapları, kripto paralar, NFT gibi kripto varlıklar ile oyun hesaplarından oluşmaktadır. Sosyal medya hesaplarının mirasa elverişliliği yalnızca kişisel veri içeren hesaplar ve ekonomik değeri bulunan hesaplar olarak ikiye ayrılarak incelenmelidir. Kripto varlıklardan kripto paralar intikale elverişlidir. NFT’ler de fikri hak kapsamında mali haklar gereği intikale elverişlidir. Dijital varlıkların intikale elverişliliği ve intikalin pratikte ne şekilde gerçekleşmesi gerektiğine ilişkin yasal düzenleme yapılmasına ihtiyaç bulunmaktadır.

THE SETTLEMENT OF TWO CONTRADICT RECONSIDERATION VERDICTS IN DIFFERENT CHAMBERS (CASE STUDY OF COURT’S VERDICT NUMBER 162 PK/TUN/2015 AND 1053/PDT/2019)

Judicial review might be submitted by the parties as a form of objection to the judge's decision which has permanent legal force. In practice, it is possible for an object of dispute to be filed in two chambers of courts that cause two sentences with permanent legal force contradict each other as in between case Number 162 PK/TUN/2015 and 1053/PDT/2019. The two cases decide which party has the right to manage a mining business permit area, but when the two decisions are about to be executed, the two Mining Business Permit Areas between PT Pasir Prima Coal Indonesia (PT PPCI) and PT Mandiri Sejahtera Energindo Indonesia (PT MSEI) will still overlap. This paper uses a normative empirical research method with a judicial case study approach, which its normative research based on the provisions of the applicable laws and regulations is carried out in parallel by dissecting several related court decisions. The legal materials used in this study are in the form of books containing the opinions of legal practitioners and academics, legislations, and of course the court's decisions. In their considerations, the Panel of Judges in the general court room focuses on seeking material truth, and the Panel of Judges in the state administrative court looks at the administrative process in the issuance of a state administrative decision. The Chief Justice of the Supreme Court through his letter explained that the case could go through a second review where the composition of the panel of judges consisted of the chairman of the Supreme Court, the Supreme Court justices from civil chamber, and the Supreme Court justices from the state administrative law chamber, as stated in the Supreme Court Circular Number 5 of 2014 and Circular Letter of the Supreme Court Number 4 of 2016.

Commentary on the judgment of the Supreme Court, Civil Chamber, of 15 January 2021, file reference V CSKP 201/21

This commentary is an attempt to analyse the basis and scope of compensatory liability of an expert witness for a prepared expert opinion in the context of the judgment of the Supreme Court, Civil Chamber, of 15 January 2021 (file reference: V CSKP 201/21). The study contains considerations on the impact of an expert opinion prepared in court proceedings on the content of the decision delivered in the case. In this context, the role and procedural conduct of a party in the proceedings become especially vital, including the party’s exercise of its procedural rights and legal instruments allowing to questioning an expert witness’s opinion and the findings made by the expert in such opinion. A matter of equal importance is the question of the statute of limitation for claims asserted against an expert witness, particularly, the starting date of the 3-year period (Art. 4421 § 1 CC) and method of ascertaining the 20-year period (art. 4421 § 2 CC). In the summary, an attempt was made to specify practical consequences of adopting an expert witness’s liability as proposed by the Supreme Court in the judgment of 15 January 2021.

Glosa do wyroku Naczelnego Sądu Administracyjnego z 6 maja 2021 r., sygn. akt II GOK 3/18

The judgment of the Supreme Administrative Court of 6 May 2021, the subject of which was the assessment of the legality of the resolution of the National Council of the Judiciary on the submission (failure to present) of applications for appointment to the position of a Supreme Court judge in the Civil Chamber, created the possibility of challenging the composition of the adjudicating panels with the participation of judges selected in this procedure. However, the administrative court did not assess the validity of the appointments of judges, finding that the effects of the ruling issued in this case do not relate to the systemic validity and effectiveness of presidential appointments to the office of judge. Therefore, the judgment does not resolve the key issue determining the effectiveness of the appointment of the judiciary

The essence of a mortgage as a limited property right. Commentary on the decision of the Civil Chamber of the Supreme Court of 6 June 2019, case file no. II CSK 680/17, and the judgment of 6 June 2019, case file no. II CSK 204/18 Type of commentary: approving

The gloss discusses the rulings on the essence and content of a mortgage that break the uniform and well-established line of rulings according to which a mortgage entitles a mortgage creditor to demand payment from the owner of the object encumbered with it as a debtor in rem. In the abovemntioned rulings the Supreme Court accepted without any doubt that a mortgage is executed by monetising the object mortgaged in the course of enforcement proceedings and any other definition of its content contradicts its legal nature as the right in rem. Consequently, the Supreme Court deemed it inadmissible to apply Article 319 the Code of Civil Procedure to decisions regarding satisfaction of a mortgage creditor from the object of a mortgage, which article has been unambiguously classified as applying only to personal liability.

Le geste suicidaire et la faute inexcusable de l’employeur

When a suicidal act is attributed to work, in addition to the qualification of a work accident, the employer's inexcusable fault, based on his obligation of safety, can be retained if the latter was aware of the danger incurred by his subordinate and did not take the necessary measures to protect him. Two points stand out. On the one hand, the risk of suicide is not always predictable, which leads to a more general thinking on its prevention. On the other hand, since 2015, two conceptions regarding the obligation of security have coexisted, new in labour law and, constant in social security law, with litigation falling under two separate chambers of the High Court. Three judgments from October 8, issued by the second civil chamber of the High Court appear to be moving towards a harmonization of case law. Consequently, their scope should be assessed, in particular regarding the preventive measures expected from the employer.

Punishment of the collaborationists in Vichy and other French regions (1944 – 1945)

The goal of this article lies in examination of the process of preventing collaborationism in the former capital of the French state, as well as in determination of whether the process of suppressing cooperation with the German occupier has any peculiarities associated with the special position of Vichy in relation to other departments. The author examines such aspects of the topic as spontaneous and organized violence in Vichy and other French regions during the postwar period (1944 – 1945). Special attention is given to reprisal against the collaborationists in Vichy and the formation of representation on the unity of France during the occupation imbued by the Gaullist state. The main conclusions of this research consists in the two interpretations of the purges that took place in the postwar years in France. The situation in the agglomeration has several similarities with the situation in multiple departments: shaving of women; government branches responsible for repressions; urgent purges. However, the fact that namely Vichy was the seat of the French government has its own peculiarities:  weak first phase of the extrajudicial purge due to the presence of law enforcement forces during the occupation and opposition, and on the other hand, the cruelty of spontaneous violence in June of 1945,  numerous arrests in the first two weeks after the liberation, excessive city residents representation in the Court and  Civil Chamber, as well as severity of the sentences.

Relación entre la vulneración del derecho de bonificación y su tratamiento en el proceso contencioso administrativo por preparación de clases de los docentes de la Unidad de Gestión Educativa Local – San Martín, 2018

Esta investigación tiene como objetivo general determinar cuál es la relación entre la vulneración del derecho de bonificación y su tratamiento en el proceso contencioso administrativo por preparación de clases de los docentes de la UGEL – San Martín, 2018. La investigación es mixta, con diseño no experimental de índole descriptivo correlacional de corte transversal. La muestra estudiada es de 132 procesos contenciosos administrativos, que tienen como pretensiones el reconocimiento del 30% de sus remuneraciones por preparación de clases y evaluación, de los resultados obtenidos se aceptó la hipótesis alterna que establece que existe una relación significativa entre las variables estudiadas; por lo que se concluyó que se vulneró sistemáticamente el derecho solicitadoen el año 2018 en un 99.25%, puesto que, la Sala Civil Descentralizada de Tarapoto revocaron las sentencias de primera instancia y consecuentemente la declararon improcedentes las demandas contenciosas administrativas.

Zakaz wyrokowania ponad żądanie – uwagi do wyroku Sądu Najwyższego – Izba Cywilna z 23.11.2018 r., II CNP 54/17

The purpose of this study is to discuss the issue of the prohibition of courts awarding beyond the pursued claim in the context of adjudicating on the manner of making a performance sought from several persons and the issue of the binding nature of the pursued claim from the perspective of judgment of the Supreme Court – Civil Chamber of 23 November 2018, issued in case II CNP 54/17, which involved examination of an appeal whereby the appellant sought declaration of a final judgment illegal. The research methodology applied here boils down to a dogmatic and juridical analysis of the cited judgment from the perspective of the views expressed in legal literature and case law in the form of a commentary. The main conclusions of this publication oscillate around the juridical assessment carried out by the Supreme Court in the judgment in point from the perspective of the dispositive principle (the principle that the parties themselves are to determine the subject matter of proceedings) and the inadmissibility of adjudicating on what was not covered by the claim or awarding beyond what was pursued as well as the claimant’s right to choose the defendant from whom he/she claims the performance. The discussed subject of the dispositive principle applicable to parties in civil proceedings and its confrontation with the principle of autonomy of will also refers to the mechanism of interference of substantive and procedural law provisions in adjudication. To sum up, in the light of principles of civil procedural law it is admissible to issue a judgment for the claimant whose claim results from the facts presented thereby, while applying substantive law resulting from a proper subsumption of the provisions of law. Meanwhile the Court’s adoption of a different legal basis than that indicated by the claimant does not mean going beyond the limits of the pursued claim, as set out in Article 321(1) of the Code of Civil Procedure.

PERAN PLENO KAMAR AGAMA MAHKAMAH AGUNG DALAM MENCAPAI TUJUAN PERUNDANG-UNDANGAN KELUARGA INDONESIA

The Plenary Meeting of the Supreme Court is a system established to maintain the unity of the application of the law and the consistency of the judge's decision. This system is carried out every year and starts in 2011. In the plenary meeting of the Supreme Court there is a division of rooms according to the abilities of each judge divided into five rooms. Namely the criminal chamber, civil chamber, state administration room, religious chamber, and military room. In the case of the plenary chambers of religion there are a number of things that are regulated every year and there are some rules that have been reformulated. With the existence of the plenary chamber of the Supreme Court of Religion, the rules in it partly reflect the purpose of family law legislation. But there are rules that are actually on the contrary to the goals of family law legislation. This paper aims to find out how the role of SEMA as a result of the Plenary Meeting of the Supreme Court of the Supreme Court has been in accordance with the objectives of Law No.1 of 1974 concerning marriage. This research is a library research with a juridical approach by looking at the legal rules and legal principles, and is analytic descriptive. The results obtained are the rules in the SEMA as the results of the plenary meeting of religious chambers are not all in line with the objectives of the Indonesian marriage law.
 Keywords: Supreme Court, Plenary Chamber, Purpose of Family Law.

Gloss on the Resolution of the Formation of the Combined Civil Chamber, Criminal Chamber, and Labor Law and Social Security Chamber of the Supreme Court of January 23, 2020, Case BSA I-4110-1/20

Gloss on the Resolution of the Formation of the Combined Civil Chamber, Criminal Chamber, and Labor Law and Social Security Chamber of the Supreme Court of January 23, 2020, Case BSA I-4110-1/20

Judicial Activism in Poland - Remarks against the Background of a Resolution of the Formation of the Combined Civil Chamber, Criminal Chamber and Labor Law and Social Security Chamber of the Supreme Court of 23 January 2020 (BSA I-4110-1/20)

Judicial Activism in Poland - Remarks against the Background of a Resolution of the Formation of the Combined Civil Chamber, Criminal Chamber and Labor Law and Social Security Chamber of the Supreme Court of 23 January 2020 (BSA I-4110-1/20)

A CRITICAL APPROACH TO THE DECISION OF THE 11TH CIVIL CHAMBER OF THE COURT CASSATION ON INVALIDITY OF GENERAL MEETING RESOLUTIONS OF CAPITAL COMPANIES

Türk Ticaret Kanunu’nun öngördüğü kurucu şekli unsurları düzenleyen emredici hükümlere aykırı olarak alınan anonim ve limited şirket genel kurul kararları yoklukla malûldür. Bir genel kurul kararının yoklukla malûl olduğunun tespiti her zaman talep edilebilir. Yargıtay 11. Hukuk Dairesi, T: 28.11.2017, E: 2016/6325 ve K: 2017/6651 sayılı kararında bir genel kurul kararının alındığından itibaren uzun süre geçtikten sonra yokluğunun tespitinin talep edilmesinin hakkın kötüye kullanılması yasağının ihlali anlamına geleceğine hükmetmiştir. İşbu çalışmamızda Yargıtay’ın mezkûr kararı eleştiri konusu yapılmıştır.

O “auxílio aluguel” manauara (lei municipal n. 1.666/2012) e a sua relação com as desocupações coletivas

A Lei Municipal n. 1.666/2012 instituiu o auxílio aluguel destinado àquelas famílias atingidas pelos seguintes eventos naturais - (i) enchentes (ii) desmoronamentos e (iii) outras situações de risco – ou para realização de obras públicas. Recentemente, essa lei foi alvo de arguição incidental de inconstitucionalidade, tendo em vista o seu âmbito de proteção ser muito restrito, o que supostamente estaria violando o princípio da proporcionalidade, na sua modalidade de proteção insuficiente, já que não abarcavam as pessoas que, embora estivessem em situação de vulnerabilidade, foram objeto de reintegração de posse coletiva. A interpretação conferida pelo Tribunal de Justiça do Amazonas foi a de que o seu âmbito de proteção não engloba as pessoas que foram retirados de áreas de proteção ambiental, pois não compete ao Poder Judiciário ampliar um rol estipulado pelo Poder Legislativo. A metodologia utilizada no trabalho foi a de interpretação da decisão judicial proferida nos autos do Agravo Interno n.º 0000463-27.2018.8.04.0000 julgado pela Primeira Câmara Cível do Tribunal de Justiça do Amazonas, levando em consideração os princípios da dignidade da pessoa humana, do mínimo existencial, da proporcionalidade, da legalidade, do Estado de Direito etc., todos eles elencados pela Defensoria Pública e pela Procuradoria Geral do Estado. Após analisar as posições favoráveis e contrárias, concluiu que o Tribunal de Justiça do Estado do Amazonas acertou na sua decisão de não declarar inconstitucional a Lei Municipal n. 1.666/2012.

The Land Courts Establishment Concepts

The concept of establishing a special court for land matters is part of legal development in the field of land. The urgency of its formation because of the land issue is massive and special. The problems arise due to the ambiguity of norms in articles 15 and 52 of the UUPA and the emergence of sectoral laws. Especially land tenure in the plantation and mining sectors as a trigger for occupation, overlapping land and regulations. The establishment of a land court as a reflection of the failure of the general court to apply the principles of the judiciary and the land agency in solving problems. Construction of the establishment of a land court in accordance with the Judicial Power Law and awaiting the passing of the Land Law. The land settlement process in the court which will be formed only applies an appeal. The position of the land court is part of the justice system and is in the general court sub-ordinate civil chamber. Keywords : Concepts, Land Issues, Land Special Courts DOI: 10.7176/JLPG/96-02 Publication date: April 30 th 2020