Codification Of Civil Law Research Articles

The Notary's Responsibilities for the Making of Deeds and the Electronic Storage of Minutes of Deeds

This study aims to determine and analyze the process and responsibilities of a notary in the manufacture and storage of minutes of deed electronically and to find out examples of deeds that contain electronic elements. The research approach method used in this thesis is a sociological juridical legal research method. This research specification uses descriptive analysis. The type of data used in this research is primary data which includes the 1945 Constitution; Act No. 2 of 2014; Code of Civil law; the Criminal Code, as well as secondary data containing books and other supporting documents. Collecting research data with interview techniques and study of documents or library materials. The data analysis method used in analyzing the data is qualitative analysis. The results showed that: First, the electronic deed has not yet obtained a strong legal basis, so it does not provide a guarantee of legal certainty. Legal certainty can be achieved, if there are no conflicting provisions between one law and another. Second, electronic storage of deed minutes can already be done because several laws already allow it. The requirement for a deed to be stored electronically is an authentic deed that must be made and stored conventionally. Storage of minutes of deeds electronically can already be done because some laws already allow it. The requirement for a deed to be stored electronically is an authentic deed that must be made and stored conventionally. Storage of minutes of deeds electronically can already be done because some laws already allow it. The requirement for a deed to be stored electronically is an authentic deed that must be made and stored conventionally.

The Role of Notaries in Making Agreements for the Sharing of Joint Assets for Supplies who will Divorce without a Marriage Agreement

Property as a life support for the bride and groom in the marriage bond. Where the property is obtained before the marriage (innate property) and obtained during the marriage (joint property). If the marriage bond is dissolved or broken, then each of them will defend their rights to the joint property so that the joint property is often a serious problem and often creates debate between the two parties (husband and wife).The research approach method used in this thesis is sociological juridical. This research specification uses descriptive analysis. The type of data used in this research is primary data which includes the 1945 Constitution; Act No. 2 of 2014 concerning the Position of a Notary; Act No. 16 of 2019 on the amendment to Act No. 1 of 1974 concerning Marriage; Code of Civil law; Compilation of Islamic Law, as well as secondary data containing books and other supporting documents. Collecting research data with interview techniques and study of documents or library materials. The data analysis method used is qualitative analysis.The results of the research and discussion that: First; the division of joint property for couples who are going to divorce in the concept of justice, namely dividing joint property equally or equally. This is in line with what has been regulated in the Marriage Law, the Civil Code and the compilation of Islamic Law which states that if there is a divorce, the joint assets are divided equally. Second; The role of a notary in making a deed of a joint property distribution agreement for a divorced couple without a marriage agreement, namely a notary as a public official who has the authority to make an authentic deed including a deed of a joint property distribution agreement based on the will of both parties who agree to share their assets in accordance with the law. applicable.

Pemutusan Hubungan Kerja Lokal Dipekerjakan Oleh Perwakilan Negara Asing Di Indonesia

This thesis focuses on employment termination conflicts between Indonesians and FCRs. Foreign Country Representatives argued that the Indonesia Industrial Relations Court lacks the authority to decide a quo issue since it has diplomatic and state immunity. This study uses normative legal approach and international and domestic law as sources. The 1961 Vienna Convention and the 1963 Vienna Convention, the International Labor Organization's Termination of Employment Convention 1982, and the United Nations Convention on Jurisdictional Immunities of States and Their Property 2005 are the primary sources of international law, while Indonesia's national laws are the Code of Civil Law, Act Number 2 of 2004 on Settlement of Industrial Relations (PPHI), Act Number 11 of 2020 on Job Creation, and a few others. The research also reviews three court decisions on Foreign Country Representatives' termination of employment with Indonesians and compares them to the aforementioned laws. This study found that terminated local employees can sue in Industrial Relations Court. Due to the defendants being foreign state representatives, the case must also comply with the employees' and Foreign Country representations' agreement (e.g. Embassy, Consulate). The Agreement between the two nations controls the Industrial Relations Court's authority in disputes involving Indonesian (local) workers and foreign country representations in Indonesia, as well as court judgements.

Codification of Civil Law in Azerbaijan: History, Current State and Prospects for Development

The paper is devoted to the codification of civil law in Azerbaijan over the past 100 years. During the 20th century, Azerbaijan has adopted civil codes three times by codifying the norms of civil law. The development of new civil legislation from scratch after gaining independence in the early 1990s was aimed at the country’s transition from a planned economy to a market economy. The paper discusses a number of pressing problems of the civil legislation of the Republic of Azerbaijan and puts forward several proposals for their solution. Assessing the results of the civil legislation of Azerbaijan adopted since independence, it is possible to say that, although most of the issues related to the creation and development of the civil law system have been resolved, there is a great need to reform and change the civil legislation of the country. The concept of development and reform of civil legislation in Azerbaijan should be transformed into a unified strategy aimed at more effective regulation of market relations in the country in order to gradually eliminate the «transitional» nature of market relations. The author proposes to optimize civil legislation in Azerbaijan. These should aim at revising a certain part of civil legislation, eliminating contradictions, recodifying old laws; improving norms for the protection of property rights, healthy competition, implementation of agreements and antimonopoly activities; reflecting the practice of law enforcement and interpretation of laws and improving the effectiveness of law enforcement practice; using innovations and successful experience of civil codes in a number of European and Asian countries in the modernization of civil legislation; improvement of the legal language and legislative technique; raising awareness of judges and lawyers through trainings; formation of legal consciousness of citizens through the media; public discussion of the adoption of new laws and amendments to controversial laws that meet modern challenges, with the participation of scientists and experts in the field of private law.

A jeles humanista gondolkodó és kodifikátor, Andrés Bello és a magánjogi (polgári jogi és kereskedelmi jogi) kodifikáció Chilében

The author of this article analyzes the process of codificaton of private law (civil law and commercial law) in the light of the thought of Andrés Bello (1781–1865), the humanist thinker and expert of codification in Chile. The intellectual background of Andrés Bello, born in Venezuela, comprised history, philosophy, linguistics, literature, mainly poetry, education as well as law. It also deserves to be mentioned that Bello was the first rector of the State University of Chile founded in 1842. According to the idea of Andrés Bello Roman law (ius Romanum or ius civile) constituted the background of legal education as well as the primary source of the codification of private law in Chile. The author of the study points out that Bello had no legal education. In the field of philosophy he was substantially influenced by the scholastic tradition. In his works he put special emphasis on morality in compliance with the plurisecular tradition deeply rooted in natural law (derecho natural). This article provides also an insight into the partial influence of the German Historical School of Law (Historische Rechtsschule) on the law related ideas of Andrés Bello. The author emphasizes the decisive influence of Johann Gottlieb Heineccius on Andrés Bello. Andrés Bello was regarded as a major authority regarding his principles of international public law both in Europe and in most countries of Latin America. He spent 19 years in the United Kingdom, in London. His work Principios de Derecho de Gentes, published in 1832 was with no doubt fundamental in particular as far as sovereignty of State was concerned. Andrés Bello was a committed advocate of the Solidaridad americana pointing out the specific features i.e. characteristics of the Spanish speaking states in America. In the field of the codification of private law (civil law and commercial law) in Chile the role of Andrés Bello was determinant. The first step towards codification was the consolidation of the law of the country. The process of consolidation ended in 1833 when the first constitution of Chile was promulgated and came into effect. During the second period, encompassing the period between 1834 and 1838, Andrés Bello took into consideration the French Civil Code, the Austrian General Civil Code and the Civil Code of canton Bern (Switzerland) prepared by Samuel Ludwig Schnell. During the third period (from 1838 through 1849) Andrés Bello contemplated the structure and the contents of the draft Civil Code of Chile. It has to be notes that on the territory of Chile several compilations, namely the Breviarium Alaricianum, the Fuero Juzgo, the Fuero Real, the Siete Partidas, as well as the Ordenamiento de Alcalá were implemented. Moreover, the Nueva Recopilación, promulgated in 1567, the Recopilación de las Leyes de las Indias, promulgated in 1680 as well as the Novísima Recopilación, promulgated in 1805 were in effect. The author of the article emphasizes that the Civil Code of Chile prepared by Andrés Bello influenced the codification of civil law in most countries of Latin America. Therefore, as the author puts it, Andrés Bello can be regarded as a ‘father of codification of civil law’ in Latin America. The Civil Code of Chile was completed in 1855 and promulgated by the National Congress in the following year. The Civil Code of Andrés Bello came into effect in 1857. The Code is still in effect, with minor amendments i.e. modifications. The Civil Code of Chile follows partly the French Civil Code. However, the Código de la República de Chile, albeit does not contain a General Part (parte general), differs from the French model regarding its structure. Compiling the Code, Andrés Bello took into consideration the Spanish legal dogmatics based mainly on Roman law traditions (acervo jurídico romano). He also availed himself of the doctrine developed by the representatives of the German Pandectist Legal Science with particular regard to the thoughts of Friedrich Carl von Savigny (1779–1861). Several legal institutions regulated in the text of the Civil Code of Chile testifies the influence of the works of Jean Domat (1625–1696), Robert-Joseph Pothier (1699–1772), Merlin, Favard de Langlande, Jean-Etienne-Marie Portalis ((1745–1807), Raymond Théodore Troplong, Pardessus and Carl Salomo Zachariae von Lingenthal (1769–1843). Andrés Bello took into consideration first of all the French Civil Code, the Austrian General Civil Code (Allgemeines Bürgerliches Gesetzbuch, ABGB), the Louisiana Civil Code, the Prussian General Land Code (Allgememeines Landrecht) as well as the Dutch Civil Code (Burgerlijk Wetboek), promulgated in 1838. In the last part of his study the author emphasizes that the Civil Code of Chile does not contain a General Part (Parte General). The structure of the Civil Code of Chile is as follows: the Preliminary Title (Titulo preliminar), containing general dispositions, the Law of Persons, the Rights In Rem, The Law of Succession (Law of Inheritance) and the Law of Contractual Obligations.

TINJAUAN YURIDIS ATAS SENGKETA KEPEMILIKAN TANAH DI DESA PEMATANG JOHAR, KECAMATAN LABUAN DELI KABUPATEN DELI SERDANG (STUDI KASUS PUTUSAN PN NO.112/PDT.G/2017/PN.LBP)

The importance of soil for human life so it is not surprising if every human being wants to own or control it which results in the emergence of various land problems or land conflicts in Indonesia. Land grabbing cases that have occurred in Indonesia are not something new. The word sequestration itself can be interpreted as: the act of taking rights or property arbitrarily or with not heeding laws and regulations, such as occupying land or houses others, to which they are not entitled. Land grabbing action illegal is an act that is against the law under civil law. The objectives of this study are (1) How to regulate ownership disputes land based on the Civil Code Law, (2) What are the considerations? judges in land ownership disputes in PN No.112/Pdt.G/2017/PN Lbp. Normative juridical research is defined as research law that puts the law as a building system of norms. Sources of data used in this study sourced from primary data and secondary data. This study uses data collection techniques in the form of documentation studies by only analyzing written legal materials. Analysis the data in this study using data analysis research methods qualitative. The results of this study are, Dispute Arrangements Land Ownership Based on the Civil Code, for rights property is arranged in Article 16 of Law No. 5 of 1960 concerning The Basic Agrarian Law concerning hereditary rights, the strongest and most fulfilled and Article 1866 of the Civil Code as well as Article 23 and Article 24 of PP 24/1997 which regulates the proof of land rights for the purposes of registration of land rights. The judge's consideration in deciding that it is true that there has been land grabbing by the Defendant I over the land the inheritance of the plaintiff's parents is due to the evidence of an act, the act is against the law, there is a loss caused by actions taken and it has been proven that there has been a transfer of land rights.

Livingston et Mignault : voyages civilistes et codificateurs en terres d’Amériques

The opening up to foreign legal systems had a strong impact on the 19th century in North America. Pierre-Basile Mignault, the Canadian, and Edward Livingston, the American, were both active travelers and particularly curious about the French and Anglo-Saxon legal traditions. Livingston, through his participation in the drafting of the Louisiana Civil Code and the drafting of his criminal law project, became the paragon of a method, of the civil law codification model adapted to the common law tradition. Mignault, although perfectly mastering both worlds, became the icon of the defense of the integrity of the civil law system in the exercise of jurisprudential interpretation.

Environmental, social and governance performance and earnings management – The moderating role of law code and creditor's rights

This study examines whether environmental, social, and governance (ESG) engagement affects firms’ earnings management (EM) behavior in a multicountry set up. Employing the Tobit and panel regression framework and co`nsidering performance-matched measure of EM, we show that ESG performance substantially reduces opportunistic firms’ EM behavior. Moreover, the civil law code and superior credit rights negatively moderate the ESG–EM relationship. Empirical findings are robust and survive the use of alternative methodology and endogeneity test.

Perlindungan Hukum Atas Perbuatan Hukum Rekayasa Menganeksasi Tanah Sengketa

Land Registration is an intended activity to provide guarantees of legal certainty of land rights in the form of land rights certificates, but at the process to registrate of land there is some obstacle because there people who do not materially do annexation the land. The purpose of this study is to determine the legal protection for holders of Kohir which yet become certificate of land because of annexation of the land. The form of usurpation of land ownership rights. The approach method used is normative juridical. The result showed the act of annexation of land was an unlawful act against the law, contained in article 1365 code of Civil Law.

Illegal and immoral contracts in the context of the Romanian Civil Code

The article deals with the current regulation of contractual invalidity in the Romanian Civil Code in force from the 1st of October 2011. Based on millennial traditions of Roman law, the regulation is influenced by all the modern solutions or developments of civil law codification, resulting in a complex system of rules, sometimes shaped by the legal practice. The article focuses on the overall design of invalidity and its specific forms: nullity, voidability, and unwritten clauses. An emphasis stands on the specificities of the Romanian rules and also on some current developments of legal cases.

SIGHAT TAKLIK TALAK DITINJAU DARI HUKUM PERJANJIAN

Sighat taklik talak is said to be an agreement, which a husband uttered after the execution of the Nikah Act which is already in the Deed of Marriage regarding the promise of divorce which is suspended to the circumstances which may occur in the future. Because it is considered that there is no element of justice that should exist in a treaty, from which the writer feels it is necessary to try to analyze the relationship of the not-talak position of the law of the Covenant, for the sake of a family of sakinah, mawaddah and rahmah. The result of this study: the position of talak talak if viewed from the Law of the Civil Code Law found there was no suitability of the provisions of an agreement in article 1313 which describes an agreement executed by two or more persons, while the talak taklik included a unilateral agreement, in accordance with article 1320 regarding the terms of an agreement to point 2 and article 1329 regarding a person's ability to enter into an agreement, if viewed from the Civil Code, Taklik talak is not an agreement in general then there is no special impact for those who do not perform talak talak in this case is not binding.

The Inheritance Dispute Settlement In Court

The purpose of this study is regarding the settlement of inheritance law disputes, which is one of the reasons a person gets an inheritance, including marriage, blood relations, parents or close sibling relationships or because of testament. This has also been regulated in the provisions of the civil law code of the Civil Code B.W, because someone receives an inheritance because of a nashab/kinship relationship and because of marriage. Meanwhile, for the occurrence of inheritance, it is necessary to have the following elements: 1. The existence of a person who dies (erflater) The person who dies is the person who leaves the inheritance and is called the heir. 2. There are people who are still alive (erfgenaam) people who are still alive, namely people who according to the law or testament are entitled to inherit from the person who died. They are called: Heirs. 3. The existence of objects that are left behind (erftenis, nalatenschap) objects that are left behind are things that are left by the testator at the time of his death, which is called inheritance. The form of this inheritance can be in the form of Activa (receivables, bills) or Liabilities (debts). Problems regarding the distribution of inheritance have basically been regulated in the legal provisions in Indonesia. Both in the provisions of the civil code and in the provisions of the compilation of Islamic law. Where are the provisions regarding Islamic inheritance disputes whose dispute resolution authority is in the religious courts. As for people who are non-Muslims, the settlement process is in the state court. Where in its implementation it must be able to reflect a sense of justice, while still upholding the principle of kinship that applies in the social life of the community.

CONCEIVED AND REAL CODIFICATIONS: ON THE COMPETITION OF COMMENTARY AND TEXTBOOK IN LATIN AMERICAN CIVILIZATION

With the “glosa” on the Siete Partidas (13th century) by G. López (16th century), Latin America possesses an excellent example of a commentary on a civil law code, actually one of the greatest of the civil law tradition. Yet, the Latin American countries did not develop, as a rule, a proper culture of commentaries, albeit they gave themselves civil codes around the middle of the 19th century. The most important of these codifications, the Chilean civil code by Andrés Bello, is even a conscious continuation of the tradition enshrined in the Siete Partidas. In most countries, authors prefer instead to write textbooks. This choice seems to be explained by the fact that this literary form gives them more freedom to distance themselves from their civil codes, which are considered rather historical monuments than living legal texts. Commentaries appear only where the civil lawyers deal with a modern codification which is the case in Argentina and Brazil.

On the legitimacy of restoring the institution of an annuity right in rem on real estate

The article presents the basic solutions to be applied in the so-called annuity real rights. These are limited real rights (iura in rem), which permit obtaining certain revenues from real property on a regular basis. Their essential purpose is to secure specified periodical benefits, primarily those of a pecuniary nature. These rights show some similarities, on the one hand, to pledge-type rights (especially mortgage) and, on the other hand, to easements. Currently, no annuity real charges of any kind have been regulated under the Polish civil law (since the entry of the Civil Code into force in 1965), as they were perceived, albeit incorrectly, as a reminiscence of the epoch of feudalism. However, they are still popular in other European civil law legislations, for example in the German, Swiss, Austrian, Spanish, Czech, Estonian, Slovenian or Croatian laws. The prototype for this category of rights is the real burden (German: Reallast). This paper presents various solutions for the latter institution as well as related institutions, such as the Swiss “annuity letter” (German: Gült, French: lettre de rente) and the German annuity land charge (German: Rentengrundschuld). Different concepts for the legal nature of the annuity rights have been presented, in particular the German real burden, which formed the basis for proposals of solutions in the work of the Polish Civil Law Codification Committee at the beginning of the 21st century. The potential usefulness of the real burden rights indicated in this article confirms the legitimacy of introducing this type of legal institution into the Polish law.

Russian empire’s civil law codification in the second half XIX – the beginning of xx century

The article describes the history of the Civil code project of the Russian Empire. It also describes the progress of the Drafting Commission, its composition, objectives of activities and sources that formed the basis of the project. The Civil code project is an excellent example of the legal culture of Russia the thrifty and attentive attitude of its developers to the social and spiritual values of the people. The Civil code project as well as the history of its drafting can be used and should be taken into account today during the conduct of legislative activity the creation of legal structures of civil law. The Civil code became an important source of civil relationship in the Russian Empire.

Protection Of Wildlife: Analysis Of Legislative Periods In Turkey

The first legal arrangements concerning hunting and wildlife were held in “Mecelle (Ottoman code of civil law)” was declared in 1976 and was abolished in 1926. Prior to this date, hunting was carried out freely, and game animals were regarded as “waif” and there were no legal re-strictive regulations. Only it was forbidden to enter the hunting areas of the Sultan and this ac-tivitis were punished. When analyzed Mecelle seen that there were made general regulations on hunting and game animals about catch or ownership . The first basic arrangement on hunting and wild animals in Turkish law was made in 1937 by the Law of Hunting, Numbered 3167. Law No: 3167 had provisions as definition of hunting animals, hunting principles and prohibitions, it was abolished in 2003 by the with the current law which numbered 4915. Law No 4915 is more detailed law than the 3167 with regards to con-servation provisions and at the same time in terms of compliance with international agreements related to wildlife and biodiversty. In this study will be discussed the process and developmet of the legislation related wildlife and hunting from 1900 to the present day and analyzed in terms of international agreements. These are Mecelle, Constitutions, Civil Laws, Criminal Laws, Land Hunting Laws, Forest Laws, Fish-ery Law and Environmental Law.

Codification of Civil Legislation: At the Turn of the Era

Abstract The article examines the recodification of the Civil Code of Ukraine as a new stage in the codification of civil law in Ukraine, and identifies the presence and sufficiency of certain factors and prerequisites for starting this process. The purpose of this article is to clarify the presence and sufficiency of certain factors and prerequisites for initiating the process of upgrading the Civil Code of Ukraine. In this research, the authors relied on a dialectical method of cognition and the formal-legal method. A large regulatory framework was used to write this article – international treaties, acts of the EU, the Civil Code of Ukraine and other countries. This article may be useful for scholars who study the theoretical foundations of the codification of law in general and the codification of civil law in particular. Ideas of the article can be used by judges, lawyers and practising lawyers in their activities.

VI. The Brazilian civil code of 1916: principles, method and institutional conditions of private law modernization

Abstract The article analyzes the elaboration of the Brazilian civil code of 1916 as part of a broader political project of Republican modernization, focusing on the relation between private law, politics and economics in Brazil at the turn of the 20th century. The basic argument is that the consolidation of the Republican regime during the presidency of Campos Sales (1898–1902) provided the institutional conditions that paved the way for the codification of civil law. From the political perspective, parliamentary debates indicate that the civil code draft quickly turned into an instrument of political bargain and opposition to the president’s authority. From the legal point of view, the paper argues that, contrary to the prevailing view in Brazilian private law scholarship, the code represented a real attempt to break with the old order and create the conditions for a private law system based on equal juridical freedom. Finally, the paper explores the connections between the reform of legal methodology and legislative modernization, pointing both at the normative principles guiding the civil code elaboration and at the opposition it was faced with in Brazilian society.

Fungsi Hukum Nota Kesepahaman Sebagai Perikatan Perjanjian Menurut Kitab Undang-Undang Hukum Perdata (KUH Perdata)

The position of the Memorandum of Understanding on Indonesian Civil Law, as a written form of understanding between the parties, is not a law based agreement. In consequences, no sanctions applied for those parties whose denying (the agreement(s), but on moral sanction. However, a Memorandum of Understanding that does not have a compelling legal force can have it sanctions for any parties involved. The strength to binding (parties) of the Memorandum of Understanding according to agreement law in Indonesia is found on Indonesian Civil Code, equate a Memorandum of Understanding with an “agreement”. Article 1338 of Indonesian Civil Code states that every agreement made, legally binding as a law for the parties who made such agreement (Pacta Sunt Servanda), but if the legal elements of the agreement in Article 1320 Indonesia Civil Law are not fulfilled, then the Memorandum of Understanding is anulled and void by law, and has no legal force.
 Keywords: Memorandum of Understanding, agreement, sanction, Code of Civil Law

CODIFICATION, CONSOLIDATION, RESTATEMENT? HOW BEST TO SYSTEMISE THE MODERN LAW OF TORT

AbstractThe law of tort (or extra or non-contractual liability) has been criticised for being imprecise and lacking coherence. Legal systems have sought to systemise its rules in a number of ways. While civil law systems generally place tort law in a civil code, common law systems have favoured case-law development supported by limited statutory intervention consolidating existing legal rules. In both systems, case law plays a significant role in maintaining the flexibility and adaptability of the law. This article will examine, comparatively, different means of systemising the law of tort, contrasting civil law codification (taking the example of recent French proposals to update the tort provisions of the Code civil) with common law statutory consolidation and case-law intervention (using examples taken from English and Australian law). In examining the degree to which these formal means of systemisation are capable of improving the accessibility, intelligibility, clarity and predictability of the law of tort, it will also address the role played by informal sources, be they ambitious restatements of law or other means. It will be argued that given the nature of tort law, at best, any form of systemisation (be it formal or informal) can only seek to minimise any lack of precision and coherence. However, as this comparative study shows, further steps are needed, both in updating outdated codal provisions and rethinking the type of legal scholarship that might best assist the courts.