Codification Of Civil Law Research Articles

Perlindungan Hukum Terhadap Penyewa Halaman Rumah Atas Ingkar Janji Mu’jir

Introduction: The broken promise made by the owner of the vacant land rented by mei symbolon which has an impact on material losses, which has legal consequences for the legal actions taken by the landowner, Mr. x, of course this is the background for the author to explain the problem and explain the legal protection of the tenant of the house yard for the broken promise of the mu'jir.Purposes of the Research: Reviewing what rights are received by the party that must be received if the agreement between them is made by a unilateral promise and what obligations must be fulfilled by the owner of the house yard for legal actions that make a promise break.Methods of the Research: The research method used is normative juridical method with statutory and conceptual approaches.Results of the Research: The agreement that gave birth to the binding between the tenant of the yard and the owner of the yard is valid and fulfills the principle of consensualism and of course this has legal consequences where there are rights and obligations of each. In this case the non-fulfillment of the obligations of the owner of the empty courtyard, namely reselling the house and the empty courtyard which in the civil law code is a breach of promise, of course this is required by the owner of the yard to compensate for the loss as written.

Tinjauan Yuridis Jual Beli Tanah Warisan Tanpa Sepengetahuan Ahli Waris Yang Lain dalam Kitab Undang-Undang Hukum Perdata (Studi Kasus Putusan Nomor 10/Pdt.G/2019/PN Lbt)

This research discusses the juridical review of the sale and purchase of inherited land without the knowledge of other heirs in the civil law code. This research method uses normative legal research methods, namely library research methods. The results of this study indicate that the transfer of land rights through sale and purchase or inheritance and other legal events are in accordance with applicable regulations, namely the Basic Agrarian Law and Government Regulation No. 24 of 1997 to create legal certainty and justice for severe parties, all legal acts or legal events need to be contained in an authentic deed made before a Notary / PPAT and registered with the land office so that the legal act is valid and has legal force in order to avoid legal problems and disputes, as well as an analysis of the basis for the judge's consideration in Decision Number 10/PDT. G/2019/PN LBT the plaintiff's lawsuit was declared unacceptable or rejected because the main petitum of the lawsuit was rejected, the next petitum was also rejected because it was assessor / following the granting of the main petitum of the lawsuit regarding the unlawful act of the defendants was declared unacceptable.

SENGKETA PEMBATALAN HIBAH DI PENGADILAN AGAMA STABAT DITINJAU DARI MASLAHAH

This study aims to examine the considerations of religious court judges in examining and deciding grant cancellation disputes. This study will analyze the decision of the Religious Court regarding the cancellation of grants in terms of maslahah. This study uses qualitative normative legal research. While the approach used is statutory and conceptual approach. The data sources used are primary data sources consisting of decisions from the Religious Courts, compilations of Islamic law, books of civil law laws, compilations of sharia economic laws. Meanwhile, secondary sources of law consist of books of Islamic jurisprudence, law books, and scientific journal articles. The results of this study indicate that the panel of judges examining cases of disputes over the cancellation of dominant gifts applies article 35 paragraph 1, article 36 paragraph I law number 1 of 1974 concerning joint assets and article 1338 of the civil law code concerning agreements/agreement, thus ignoring Article regarding the permissibility of withdrawing the grant object even though the grant is without the approval of other heirs. Meanwhile, according to the theory of maslahah initiated by al-Ghazali that the decisions of the Religious Courts made by the panel of judges are ideally to realize the concept of maqasid sharia, namely maintenance of property and offspring. Thus, it can avoid negative impacts that will occur in family relationships, such as the relationship between parents and their heirs. However, according to Hans Kelsen's theory of justice, the considerations made by judges in deciding cases of cancellation of grants tended to be inconsistent in the application of the applicable legal system, so that according to him, the intended sense of justice had not been fully fulfilled.

Inheritance Rights of Children Born Out of Wedlock: Analysis from the Perspective of Shafi'i School of Jurisprudence and the Civil Law Code (Children of Zina) with an Educational Approach

This study delves into the inheritance rights of children born out of wedlock, particularly focusing on the perspective of the Shafi'i School of Jurisprudence and the Civil Law Code concerning children born out of Zina, while employing an educational approach. The aim is to provide insights into the complexities surrounding inheritance rights in such cases and to propose educational strategies for addressing related issues. A qualitative research approach is adopted, utilizing a combination of literature review and legal analysis. Data is collected through in-depth examination of legal texts, scholarly articles, and case studies related to inheritance rights of children born out of wedlock in Islamic law and civil law. Data is collected through extensive review of relevant legal sources and literature, focusing on the interpretation of inheritance laws and principles within the Shafi'i School of Jurisprudence and the Civil Law Code. The analysis involves identifying key themes, patterns, and discrepancies in the treatment of inheritance rights for children born out of wedlock. The findings reveal varying interpretations and legal provisions regarding inheritance rights for children born out of wedlock within Islamic law and civil law. While Islamic law recognizes inheritance rights for such children, civil law may impose restrictions based on legal requirements and societal norms. The implications of this study highlight the need for educational interventions aimed at raising awareness and promoting understanding of inheritance rights among stakeholders, including religious leaders, legal practitioners, and the general public. By fostering dialogue and collaboration, educational initiatives can contribute to the development of more equitable and inclusive legal frameworks.

CIVIL LAW CODIFICATION PROCESS IN THE REPUBLIC OF NORTH MACEDONIA AND THE REPUBLIC OF ALBANIA

Civil Law as a branch of the private law is very important because of the regulation of the relations between two natural or legal persons in the field of property law, family law or law on obligations. The Republic of North Macedonia had a different story on its codification of civil law since it was part of the Former Yugoslavia, and its initiative started in 2009 with the process of drafting the civil code. This process continues due to the change of the Macedonian Government in 2016, which prolonged the work on the civil law codification for a couple of years. Now more than ever, the Republic of North Macedonia is ready to adopt the new Civil Code, and the last chapter is expected to be completed by the end of 2023 or the beginning of 2024. On the other side, the codification process of civil law in the Republic of Albania was long, and it emanated since its pre-state formation with the customary law and establishment of institutes, continuing with the declaration of independence and formation of the Albanian state in November 28, 1912 and the first Civil Code of 1929, the second Civil Code in the period of socialism in 1981, and the third Civil Code in the period of transition in 1994 until today. All this legal process of codification has brought development in the fields of private law, one of them being family law.

Operational risk disclosure quality and national culture: Evidence from the E.U. Banking industry

In this study, we analyze the association between national culture and voluntary operational risk disclosure quality in the European Union banking industry. Complementarily, we assess whether the potential impact of culture differs between global banks and banks with low levels of internationalization. Finally, we consider the impact of the formal institutional environment. Our sample covers 15 countries, and we construct a disclosure score based on hand-collected data. Three main results were obtained. First, banks in societies that score higher on individualism or long-term orientation and lower on uncertainty avoidance or power distance have better disclosures. Second, in global banks, where executive board members interact with stakeholders from different cultures, these associations are absent. Finally, contextual factors also affect the association between culture and disclosure, but this substitution effect is weaker than the one we document for globalization. Our results are robust to instrumental variables estimation, the use of the GLOBE project’s cultural dimensions, and a subsample analysis of civil code law countries.

Gender and Human Rights Challenges: An Analysis of the Iranian Government's Political Influence on Family Law

From the early 20th century to the present day, Iran has undergone various political changes that have affected the regulation of family law in the country. From the codification of civil law in 1928-1935 to the Islamic Revolution of 1979, various political regimes have influenced the interpretation and implementation of family law, which in turn affected the status and rights of women and society as a whole. This article attempts to analyze the evolution of family law in Iran, focusing on the impact of politics on gender equality and human rights. It also discusses the challenges and controversies that have arisen in relation to the reinterpretation of Islamic family law following the Islamic Revolution. Although some reforms aimed to improve women's protection, in many cases, new interpretations of family law have reinforced patriarchal norms and restricted women's freedom in various aspects of life. Through a literature review and policy analysis, this article presents significant changes in family law regulations, including restrictions on polygamy, divorce proceedings, and inheritance rights, and how they affect women's rights in Iran. The results show that political influences on family law in Iran have had a significant impact in the context of gender equality and human rights. From the codification of civil law to new interpretations after the Islamic Revolution, various political regimes have shaped legal frameworks that affect the status and rights of women and society as a whole. While some reforms have aimed to improve women's protection, in many cases, reinterpretations of Islamic family law have reinforced patriarchal norms and restricted women's freedoms. Therefore, an in-depth understanding of the relationship between politics and family law is essential to strive for more inclusive and progressive changes in order to achieve gender equality and human rights in Iran.

Dampak Hukum Dari Akibat Putusnya Perkawinan Pasangan Berbeda Agama Terhadap Harta Bersama Dan Hak Asuh Anak

Indonesia is known for its diverse cultures and customs that have been ingrained from their ancestors. Where different religions and beliefs have different rules regarding marriage. This social interaction can give rise to a relationship that can continue into marriage. Marriage is a religious thing where a relationship between two human beings, namely a man and a woman who have grown up, have the desire to unite and promise in a sacred bond as husband and wife to form a happy, harmonious family and multiply offspring. The aim of this research is to determine the legality of marriage between couples of different religions according to Islamic law and the Marriage Law (in Decision Number 8/Pdt.G/2022/PN Tjk) as well as the position of joint assets after the dissolution of marriage for couples of different religions after the marriage was decided according to law. Islam and according to the Marriage Law (In Decision Number 8/Pdt.G/2022/PN Tjk). The results of this research indicate that the validity of interfaith marriages based on Decision Number 8/Pdt.G/2022/PN Tjk is clearly prohibited from a positive legal perspective in Indonesia, both in the Compilation of Islamic Law (KHI) and Law Number 1 of 1974 concerning Marriage. . Furthermore, in connection with this decision, the Panel of Judges gave sanctions to the Plaintiff to pay court costs in the amount of Rp. 845,000.00 (eight hundred and forty five thousand rupiah) and stated that the Plaintiff was on the losing side. The position of joint property after the dissolution of an interfaith marriage when viewed from the perspective of the Compilation of Islamic Law in accordance with Article 97 is that the division of joint property in the event of a divorced husband and wife prioritizes the method of peace (deliberation). Then in Law no. 1 of 1974 and the Civil Code Law in article 37 of Law no. 1 of 1974 and articles 128-129 of the Civil Code that if the marriage bond between husband and wife is broken, then the joint assets are divided between the husband and wife. However, in law, rules are used as long as the parties do not determine otherwise or the rules are regulated according to their respective laws. In connection with the study of decision Number 8/Pdt.G/2022/PN.Tjk, because in the facts of the trial in this case the Defendant had been baptized, the division of assets was based on Law No. 1 of 1974 and the Civil Code, and because both parties do not have joint assets but have a debt which was incurred by the defendant by falsifying their identity due to pressure due to the plaintiff's actions which did not provide maintenance, the judge's decision was to settle the debt after the divorce in a joint manner. Jointly is the right decision.

Changes and Reactions in the Fundamental Issues of Hungarian Company Law – Contributions to International Trends in Legal Regulation, Liability and Corporate Governance1

Throughout the first decades of the 21st century there have been numerous traditional and modern impacts on Hungarian company law. As a result of the codification of Hungarian civil law, the Civil Code of 2013 incorporated the previously effective substantive legal regulations of company law. Prior to this, Hungarian company law had undergone several modifications, beginning with the change of regime in 1989, through the years of its preparation to join the European Union, and during the initial phases of digitalization. Some more recent influences are, on the one hand, either international in origin (for instance: corporate governance, compliance), or, on the other hand, approaches taken from the legal debates on company law, which have evolved with the development of the law. Modern results demand both reconsideration and synthesis, in order to enable company law to fulfil its duties and achieve its purpose. Company law, corporate governance, mandatory and default rules, liability of director, liability of member, Hungary, Hungarian Civil Code, comply or explain, invalidity of memorandum of association, business association.

Why did Latin America Lose Faith in the Law?

AbstractColonial Latin America had the fame of being a land where lower-class people were forever suing their betters. To Latin America's popular classes, the law was an indispensable instrument for claiming rights, solving conflicts, and advancing interests. Fast-forward to the middle of the twentieth century, however, and Latin American law held a very different fame. The law was now something to be shunned. It was seen as an instrument of power, manipulated by the rich and influential. Public trust in the law was low, and support for alternative forms of justice, high. In comparison with the colonial era, we are faced with a baffling reversal. This article seeks to explain that reversal by elaborating three propositions: (P1) popular trust in the law declined because of the law's increasing formalism, particularly evident in the codification of civil and criminal law over the course of the nineteenth century; (P2) popular trust in the law declined because of the rise of patrimonial capitalism over the period of study; and (P3) popular trust in the law declined because a new generation of social rights became politicized, first under populist, corporatist regimes that arose in the region in the early and mid-twentieth century and then under the region's Cold-War military dictatorships.

Keberlakuan dan Kekuatan Hukum Terhadap Wasiat yang Melanggar Legitieme Portie Ahli Waris

This study aims to analyze the legal validity and legal force of a testament whose contents violate the 'legitieme portie' of the heirs. The testament may not contain provisions that reduce the absolute share of the heirs. The Civil Law Code stipulates a system of restrictions on the allocation of inheritance to be distributed to heirs through 'legitieme portie' in order to protect heirs from the tendency for heirs to benefit other people. This study uses a normative juridical research method with conceptual and statutory approaches. The results of this study are testaments that contain provisions regarding the distribution of inheritance which violates the 'legitieme portie' of heirs, thus legally it must be prosecuted and enforced based on the provisions of Article 913 juncto Article 914 juncto Article 920 of the Civil Law Code. However, if the heirs do not sue, the testament as intended will continue as it is. In other words, the testament remains valid even if it contains a violation of the 'legitieme portie' of the heir as long as it has not been canceled by the injured party.

Sale Purchase Agreement Through Instagram: How Is The View Of The Civil Law?

Introduction: Technological developments have an impact on today's business world, which is buying and selling activities carried out through Instagram.Purposes of the Research: The purpose of this study is to examine the perspective of civil law books regarding the phenomenon of buying and selling via Instagram and analyzing the best solution so that buying and selling activities via Instagram do not violate the law.Methods of the Research: The method in this study is normative juridical which uses a library approach. In answering the formulation of the problem, the juridical basis is used, namely the civil law code book and the theoretical basis, namely modern contract law theory.Results of the Research: Based on research results, buying and selling activities via Instagram are very difficult to fulfill the legal requirements of an agreement as stipulated in the civil law code. This has also led to many cases of law violations through Instagram. Therefore, it is necessary to apply the principle of good faith in the buying and selling process on Instagram.

Environmental sustainability performance and shareholder value: an international fuzzy-set qualitative comparative analysis

PurposeConsidering corporate governance (CG hereinafter) practices' variety across Anglo-American and European countries, this study relies on contingency and complexity theories to investigate the effect of environmental sustainability performance (ESP hereinafter) on shareholder value under various configurations of board of directors (BoD hereinafter), firm and country characteristics.Design/methodology/approachThe author used the Thomson Reuters Environment Pillar Score (ASSET4) and the Total Shareholder Return to assess ESP and shareholder value respectively. The author applied a fuzzy-set qualitative comparative analysis (fsQCA hereinafter) to an unbalanced panel of 2,284 observations from 486 European and Anglo-American non-financial listed firms over the period 2016–2020.FindingsThe author found a positive association between ESP and shareholder value and he displayed notable differences between Anglo-American and European economies regarding causal predictors of this positive association. Within European firms operating under civil law code where investor protection is low and family ownership is widespread, ESP creates shareholder value under configurations of causal predictors that significantly differ from those of their Anglo-American peers. The author's findings are robust to different identification strategies.Practical implicationsThis study assists researchers, practitioners, shareholders and policymakers the significant roles that BoD diversity, organisational and institutional traits are jointly playing as determinants of the ESP-shareholder value relationship.Originality/valueThe author's study offers a more encompassing, complete and theoretically richer picture of the key drivers and outcomes of ESP.

USO DA TÉCNICA DAS CONSTELAÇÕES FAMILIARES COMO RESOLUÇÃO PRECEDENTE DE CONFLITO NOS CASOS QUE ENVOLVAM A LEI MARIA DA PENHA

The present work has as a premise to present succinct explanations about the application of the so-called Technique of Family Constellation, as an antecedent resolution of conflict, in cases involving Law 11.340/2006, known as Maria da Penha Law, which aims to punish agents who commit domestic and family violence against women. Therefore, it was adopted as a comparative basis for the preparation of this research, the interpretation of Resolution nº 125/2010 of the National Council of Justice - CNJ, as well as the Code of Civil Procedure and Law 9,099/95, so that these norms use the so-called alternative means of conflict resolution, among them, the so-called Family Constellation Technique, in order to bring a new perspective, in the search for a culture of peace. Although the use of the holistic technique incites increasing rates of extra-procedural agreements in the perspective of unburdening the judiciary and promoting the union of the family entity, it ends up ignoring countless historical struggles of the feminist movement as well as the prominence of the Maria da Penha Law. in support of women who have been victims of domestic and family violence. The present research was developed through the hypothetical deductive method, with the use of the bibliography selected for the elaboration of the same, such as the national legislation, as well as doctrinal and jurisprudential positions, emanating from jurisdictional bodies.

Hak Waris Anak yang Berbeda Agama dengan Orang Tua Dalam KUH Perdata dan Kitab Hukum Islam

This study aims to analyze the arrangements regarding the inheritance rights of children of different religions according to code of Civil law and Islamic law and settlement efforts regarding the distribution of inheritance rights of children of different religions according to Islamic law and code of Civil law.The results showed that the regulation regarding the inheritance rights of children of different religions according to Islamic law is regulated in the hadith and KHI in which non-Muslim children are not entitled to inheritance. However, in practice, in court decisions the judge still gives a share of the inheritance to children of different religions based on a compulsory will. This is against the requirements of Islam and KHI. However, the decision to grant the inheritance is to realize justice, benefit and legal certainty infamily life.Meanwhile, wills are used by judges in court decisions regarding the distribution of inheritance assets. 
 Keywords: Inheritance Rights; Children Of Different Religions; Code of Civil law

Gabriele Crespi Reghizzi and his time: A comparative lawyer against the background of the epoch

The article is devoted to an Italian lawyer, a prominent specialist in comparative law Gabriele Crespi Reghizzi (1941–2022), who in the last period of his life worked at the Department of Law of St. Petersburg State University. It talks about main milestones of his academic career: emergence of interest in Soviet and Chinese law, acquaintance with leading scientists in these fields, creation of innovative works. In addition to the law of the USSR and China, he was interested in the law of states of Eastern Europe, India and Africa, focusing on not only genesis of legal systems, but also their development and interaction in the context of international relations. The knowledge and experience of G.Crespi Reghizzi, as it seemed, should have remained within the framework of a narrow academic interest, but economic reforms in China in the 1970s and 1980s and political changes in Europe in the 1980s and early 1990s gave them a fresh start. Professor G.Crespi Reghizzi was widely known by his professional activity as a business lawyer, international commercial judge, consultant on legal aid projects for post-Soviet states. His contribution to the codification of civil law in Russia is noted. Among G.Crespi Reghizzi’s distinctive features as a scientist, the author notes his extremely attentive attitude to legal terminology, and in the case of the Chinese language — to legal ideography, extensive use of primary sources and non-traditional sources, knowledge of several foreign languages. He attracted people, students and colleagues, by virtue of his personal qualities as attentiveness, spiritual generosity, originality of views, willingness to share his exotic experiences. To compile a complete bibliography of G.Crespi Reghizzi’s works seems to be quite difficult, since, besides professional legal publications and publishing houses, he willingly published in a variety of places and forms, wrote a lot of practical and popular scientific works, not to mention the linguistic diversity of his publications. Nevertheless, the article presents his main works, which made a great contribution to understanding the legal system of socialist and post-socialist countries and comparative law.

The Formalistic Pattern of the Soviet Civil Law Codification

The Formalistic Pattern of the Soviet Civil Law Codification

Običajno i pozitivno pravo u Srbiji

In order to fully and properly understand the essence of customary law, a joint explanatory endeavor of legal, ethnological, and sociological science is needed. During the last two centuries, the relationship between customary and positive law passed through two phases. The first phase was marked by the incredible strength and resistance of the customary law, which was deeply rooted in the patriarchal Serbian society. Its strength was such, that it managed to overpower the modern Austrian law during the creation of the Serbian Civil law code, despite the efforts and desires of the law code creator, Jovan Hadžić, to suppress it. Customary law became the sole regulator of marriage, family, and inheritance law, thus becoming a part of the positive law. The second phase took place after the Second World War. By promoting a new system of acceptable social and moral values, the new, revolutionary, socialistic law fiercely fought the customary law and rural traditions, labeling them as obsolete relicts of a class-divided society. However, customs showed their remarkable resilience, and found a way to survive this strife - quite ironically - by using the existing laws and legal loopholes, masking themselves sometimes like a chameleon. Maybe the best illustration of this conflict between positive and customary law can be found in the inheritance law, as it is a complex branch of law, which was shaped not only by laws, but also by the centuries-old traditions of our people. To be able to fully understand the customary inheritance law, one must first analyse the institutes of family, marriage, and kinship. Although many customs have already disappeared in the XXI century by overcoming the patriarchal notions in the modern society, some customs remained, but also some new have, due to various reasons, managed to emerge, making the topic of this paper quite contemporary

Codification of Civil Law in Kosovo: An Analysis of the Main Principles of Book One – General Part of the Kosovo Draft Civil Code

Kosovo is in the process of civil law codification. Civil law relationships are currently regulated by special laws. After the end of the war in 1999, Kosovo’s jurisdiction became complex due to the simultaneous application of different laws: the UNMIK regulations, previous laws, and the legislation adopted by the Assembly of Kosovo from 2001 onwards. Consequently, these circumstances have had an impact and caused different interpretations and inconsistent application of the laws in the same cases, which among other issues points to the need for codification. The lack of clear and uniform law implementation in court cases related to the civil law matters is also considered an issue that can be resolved by the harmonisation of civil law through a civil code. In other words, the drafting of a civil code will clean up the legal system from different laws in place. It will harmonize and bring Kosovo’s legislation closer to the international standards and best practices in this area of law, which will lead to better law implementation. In this paper, questions related to the approach and model of the civil code will be discussed. Further discussion will focus on the main general principles outlined in the General Part of the Civil Code approved by the Government on 29 December 2021, which is being regulated in Kosovo for the first time. The analyses in this paper are based on a review of literature, Kosovo legislation and references to the European countries’ legislation which are used as models for some parts of the Kosovo Draft Civil Code. Finally, some conclusions are drawn regarding the questions raised concerning the model of the civil code and the general principles included in the code.

History, Development of Commercial Law in Indonesia and Their Correlation with the Book of Civil Law

This article discusses the history and development of commercial law in Indonesia and its correlation with the civil code law. This article uses literature research. Commercial law is the law that regulates the behavior of humans who participate in trading for profit or the law that regulates legal relations between humans and legal entities with each other in the trading field. Generally, the development of commercial law is divided into three stages, namely the lex mercatoria period in the Middle Ages, the incorporation of the lex mercatoria into the national legal system, and the new lex mercotaria period. In essence, lex mercotaria is a concept in Latin that is used to communicate a set of principles or principles that apply to traders in Europe in general. When viewed from the perspective of its function, lex mercotaria is actually an international trade law which, among other things, emphasizes the separation of assets and contractual freedom, applies to traders from various parts of the world who establish trade relations with the citizens of the kingdom along the route that crosses the boundaries of territorial sovereignty. . based on the principle of concordance, the KUHD Netherland 1838 became an example for the making of the Indonesian KUHD in 1848. Initially, commercial law was based on civil law. However, over time the commercial law codified the legal rules so that the Commercial Law Code was created which is now independent or can be said to be separate from the Civil Law Code. The Commercial Law Code has a relationship with the Civil Law Code as explained above that as a result of the codification, commercial law is part or a branch of civil law, but in a more specific form. Thus, the Civil Code becomes a special source of civil law. The relationship between the two laws is the genus (general) and species (special).