Emergence Of Rights Research Articles

Shares owned by a limited liability company : grounds and consequences

The object of the study is the legal facts that lead to the emergence of rights to a share in the authorized capital of a limited liability company (hereinafter referred to as the company). The author examines the consequences of the appearance of a share owned by the company. The legislation provides for two types of shares in the authorized capital of the company, which can exist simultaneously. The first type arises as a result of payment by the participant of the authorized capital, which in return for the contributed property receives an indefinite right of participation. It is this right that is hidden behind the share owned by the participant. The second type has a derivative character and arises from the decisions of the supreme governing body or the behavior of the participant and belongs to the company throughout the year. The purpose of the work is to develop and construct new theoretical provisions on the grounds for the emergence and consequences of a share owned by the company. Research objectives: to determine the legal facts of the emergence of rights to a share in the authorized capital of the company, to systematize and classify the grounds for their occurrence and consequences. The following methods were used in conducting a study: permissive regulation, normativism, general contexts of a philosophical and legal nature and national law and order. The science of civil law is closely related to legal regulation, therefore, the doctrinal understanding of some constructions affects the consolidation of certain categories in the rule of law. This is exactly the category of the share owned by the company. It was found that the constructions associated with the transfer or acquisition by the company of rights to a share in its authorized capital are a legal fiction. The grounds for the emergence of a share owned by the company were classified, depending on the will of the latter: the first group consists of bilateral reimbursable transactions, and the second - two unilateral transactions. In both cases, the consequences are the same - the corporate legal relations arising from the right of participation and binding between the company and the participant are terminated. Three options for the sale of the share owned by the company were identified: the division of the former participant's right of participation among the remaining ones, sale to a predetermined buyer and repayment with a simultaneous decrease in the authorized capital and an increase in the size of the participants' shares while maintaining their nominal value.

Особенности регистрации прав супругов на недвижимое имущество на основании брачного договора: проблемы теории и практики

In this article, the author examines the problems of theory and practice caused by the need to determine the moment of emergence of the right of separate ownership of spouses in relation to real estate in the event of their concluding a marriage contract. The influence of the latter on the emergence of mutual rights and obligations of spouses is determined, the specifics of real estate as an object of their separate property are identified, the difficulties of law enforcement of rules on registration in the unified register of spouses’ rights to such property, determined by the influence of such a special basis as a marriage contract, are determined.

The conflict between Rights of Nature and mining in Ecuador: Implications of the Los Cedros Cloud Forest case for biodiversity conservation

Abstract Global emergence of Rights of Nature (RoN) has gained momentum since Ecuador became the first country to constitutionally recognize it in 2008. The shift from perceiving nature as an object, to granting it legal subjecthood, can revolutionize protection of ecological systems. In 2021, Ecuador's Constitutional Court issued a landmark ruling, halting mining in the Los Cedros Protected Forest. Three pillars form the basis for legal protection of Los Cedros: (i) the right to timely, Free Prior Informed Environmental Consultation, (ii) application of the Precautionary Principle in risk to RoN, and (iii) the Right to Water. We analyse the Court ruling to identify legal frameworks applied then map and rank mining risk to other protected forests, Indigenous territories, unprotected native ecosystems, biodiversity and areas of water resource conflict to determine potential scale of conflict between mining and RoN. 7813 mining concessions of 22,812km2 overlay 9.2% of Ecuadorian mainland, 2323 concessions (29.7%) overlap 16,081km2 of protected forest (4781 km2, 20%), Indigenous territory (6473 km2, 8%) and native vegetation outside protected areas and Indigenous territories (13,390 km2, 9%). With 80% of their protected forests at risk from large‐scale mining, the most impacted Indigenous communities are the Shuar. Synthesis and applications: The Los Cedros legal case in Ecuador sets a precedent for using RoN to challenge mining in 4781 km2 of similar Protected Forest, with potential to protect an additional 16,081 km2 of Indigenous lands and biologically important ecosystems. However, lack of biological data for these areas will necessitate extensive data collection, possibly through community‐empowering citizen science. Our study emphasizes the urgent need to integrate indigenous and traditional ecological knowledge (ITEK), law and ecology. We propose a new transdisciplinary field of ‘ecological forensics’ to support nature protection within the RoN framework. Our research also identifies areas where RoN could effectively protect nature and that are likely to be of high investment risk for the mining industry. The final recommendation is to reconsider mining concessions in Ecuador, especially in ecologically sensitive areas, Indigenous territories, high biodiversity areas, and regions with water resource conflicts, to maintain ecological integrity and social harmony. Read the free Plain Language Summary for this article on the Journal blog.

Становлення та розвиток законодавчого регулювання промислових зразків як об'єктів інтелектуальної власності в Україні

The article analyses the coverage of topical issues of formation and development of legal protection of industrial designs. The author analysed the legal regulation of the studied relations and identified the main stages of its development. The purpose of this article is a legal analysis of the provisions of the legislation of Ukraine regarding the formation and development of the legal regulation of industrial designs, the definition of debatable legislative provisions and the expression of proposals for the improvement of the relevant legal regulation. Research methods. There were used a systematic method (when clarifying the place of an industrial design in the system of objects of industrial property rights), a comparative method (when comparing the stages of development of national legislation). The historical method was used to study the formation and development of legislation in the field of industrial property in a chronological sequence, starting from 1991 and ending with the present; formal-legal method - for a comprehensive characterization of the legislation of Ukraine regarding industrial designs. The method of scientific interpretation of law was used to clarify the content of relevant legal norms. Conclusions. It has been proven that the formation of the legislation of Ukraine, which regulates relations regarding the emergence of rights to industrial designs, their implementation and protection, took place in several stages. It was established that the first stage lasted during 1991–2003 (the initiation of domestic legislation on industrial property took place), the second stage lasted during 2003–2014, during which the development of national legislation in this area took place, the third stage began in 2014. and continues until now (harmonization of national legislation in the field of industrial property with EU law is taking place). It has been proven that after Ukraine gained independence, there was practically no legal regulation of industrial designs in Ukraine. It was established that the only normative act that contained at least a few norms regarding industrial designs was the Civil Code of Ukraine of the Ukrainian SSR. It has been proven that the first regulatory act that regulated relations regarding industrial designs was the Temporary Provision on Legal Protection of Industrial Property Objects and Innovative Proposals in Ukraine, which played an important role in the subsequent development of legislation on industrial designs. It is substantiated that the adoption of the Law of Ukraine "On the Protection of Rights to Industrial Designs" dated 12/15/1993 was the next important step in the establishment of legal regulation of the studied relations, since this law very thoroughly normalized the relations arising in connection with the acquisition and exercise of rights on industrial samples. It is substantiated that the second stage in the formation and development of the legislation on industrial designs was determined by the adoption of the Civil Code of Ukraine in 2003, in connection with this, many legislative provisions were significantly improved, which subsequently operated for about 20 years. It was established that the main legislative innovations (2003) were as follows: the conditions of patentability were changed, the novelty content of an industrial design was improved, the procedure for conducting an examination of an application was changed, the procedure for the publication of the grant of a patent and patent registration was improved, the procedure for appealing the decision of the patent office on an application for an industrial design was changed, the legal norms regarding the use of an industrial design, the termination of patent validity, and the protection of rights to industrial designs have been improved. It was established that the third stage regarding the development of legislation on industrial designs began in 2014 (signing of the Association Agreement between Ukraine and the EU) and continues to this day. It has been established that the Association Agreement between Ukraine and the EU contains a large Section on intellectual property, several articles are devoted to industrial designs (Articles 212 - 218). It is substantiated that these articles laid the foundation for the future reform of the legislation of Ukraine on industrial designs, which took place only in 2020. It has been proven that, as of today, the legislation of Ukraine regarding industrial property in general, and regarding industrial designs in particular, is as close as possible to EU standards in this area, and is able to properly regulate relations.

The contract as the ground for the emergence of rights and obligations regarding restricted turnover objects in civil trade

Contractual obligations that arise in relation to restricted turnover objects have recently become widespread in practice, which is due to rapid social development. Despite this, the specifics of the procedure for concluding, changing or terminating such transactions have not been clearly defined at the legislative level. In addition, the peculiarities of the contractual alienation or transfer of objects restricted in turnover have remained poorly studied by the scientific community.The importance of a civil legal contract as one of the main regulators of private law relations is difficult to overestimate. Thanks to the possibility to enter into contracts fixed at the legislative level, subjects of civil law are able not only to establish, change or terminate their civil rights and obligations, but also to involve in civil trade various objects of civil law, including those that have been limited in turnover.The national legislator allows the use of contractual constructions of various kinds to ensure the turnover of objects of civil rights. This has been directly indicated by the content of Art. 178 of the Civil Code of Ukraine. Its systematic analysis has proved that objects restricted in turnover can be alienated, that is, they can be transferred from the ownership of one person to another with the help of contracts of sale, donation, exchange, etc.The contract is one of the main legal means of attracting restricted turnover objects of civil rights to trade. The legislator envisages the possibility of subjects of obligation law to use various types of contracts to settle legal relations that arise in relation to restricted objects. The influence of the studied objects on the principle of freedom of contract can’t be denied. It manifests itself in limiting the range of subjects of contractual obligations, the terms of existence of contractual relations, the possibility of choosing the type of contract that will mediate the mutual rights and obligations of the parties, etc.

Practice of Itsbat Marriage Application in Cidokom Village, Rumpin Subdistrict, Bogor Regency

Registration of marriages is important for the creation of orderly administration, especially in the case of marriage certificates, other functions as well as one of the prerequisites for obtaining civil rights so as to avoid prejudice and misperceptions that can lead to legal records. One of the absolute competencies of the Religious Courts is itsbat marriages (nikah itsbat) which has the purpose of requesting marriage legalization so that it has legal force for couples who are married according to religion and do not yet have proof of a marriage certificate. This study has the aim of examining the submission of itsbat marriage in Cidokom Village, Rumpin District, Bogor. This community service uses the PAR method by planning observing then carrying out activities. Based on the results of the first research, Itsbat marriage is an application for marriage legalization that is submitted to the court to declare the marriage valid and has legal force based on Article 7 compilation of Islamic law. In accordance with the provisions above, itsbat marriage can only be filed through the Religious Courts, in the area where the applicant lives, not through the Office of Religious Affairs (KUA). Second, the legal consequences of holding foreign marriage constituencies are not much different from the legal consequences arising from marriages in Indonesia, namely the emergence of rights and obligations of husband and wife, rights and obligations of parents and their powers, guardianship rights and legal consequences that arise. others caused by marriage. This legal consequence arises when the registration of marriages on religious marriages is legal in the eyes of Indonesian law, namely by issuing a marriage certificate court decision in the form of a Marriage Certificate for marriages between husband and wife that have been carried out according to religion.

The Responsibility of the Guardian for the Transfer of Land Rights to the Children Due to Instruction

The results in the emergence of rights and obligations for a person as well as the emergence of law between children, parents and the surrounding community. A child has the right and authority as a legal subject. Children have an important role in a marriage bond, apart from being the hope of parents, children also act as successors of offspring. Children in general are a group of people who are immature, unmarried and incapable of acting for themselves. The purpose of this paper is to determine the implementation of the transfer of land rights and responsibilities to minors due to inheritance. This study uses a sociological juridical approach, which is carried out by field research aimed at the application of law. This research specification uses descriptive analysis, namely research which in addition to providing an overview, writing and reporting an object or an event will also draw general conclusions from the existing problem. The data sources of this study are primary data sources and secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Methods of data collection using interviews, document studies and library materials. While the data analysis used qualitative analysis. The results of the study show thatthe implementation of the transfer of land rights to minors must apply for the determination of child guardianship and a permit to sell at the Religious Courts for Muslims and the District Courts for non-Muslims as one of the administrative requirements. After the decision on the guardianship determination has been issued by the local court, it can be used as a basis for the transfer of land rights by sale and purchase owned by minors due to inheritance.In the transfer of inheritance rights to land owned by minors, they cannot be freely transferred by their parents, they must comply with and comply with the applicable legal regulations in the transfer of inheritance of minors. The responsibility of the guardian towards minors due to inheritance is that the guardian is obliged to carry out his obligations to take care of the children who are under his control and all property as well as possible. The guardian is obliged to make a list of the child's property under his control and record all changes in the child's property.

On the Nature of the Obligation with Conditional Performance

From June 1, 2015, Article 3271 “Conditional fulfillment of the obligation” was introduced into part one of the Russian Civil Code. At that time, Russian civil law recognized only the right of the parties to make the emergence of rights and obligations in the obligation dependent on the occurrence or non-occurrence of a condition, regarding which it is not known whether it will come or not (Article 157 of the Russian Civil Code). Since June 1, 2015, the opportunity has been legalized to determine the dynamics of an obligation – its fulfillment, that is why there is a necessity to study the concept of “conditional fulfillment of the obligation”, its interpretation and definition of its essence. The aim of the research is to determine the legal nature of the “conditional fulfillment of the obligation” based on the normative definition, as well as the meaning of this concept, given by judicial practice. To achieve this aim, the following tasks were set: to analyze the normative content of Article 3271 of the Russian Civil Code, to consider “conditional fulfillment of the obligation” through the exercise by the authorized entity of its secondary right to refuse to execute the contract, as well as through the construction of transactions in which the exercise of the right and the fulfillment of the obligation the parties are simultaneously interdependent and dependent on the onset of some external circumstance (condition). The research methodology is based on the methods of scientific knowledge – analysis, synthesis, historicism. As a result of the research, it was concluded that in the legislative construction “conditional fulfillment of the obligation” there are signs of an independent type of obligation with conditional fulfillment, the prerequisite for the emergence of which is the agreed will of the parties to make the moment when the entitled party exercises his right of claim and the obliged party fulfills his obligation depending on the occurrence or non-occurrence of the condition. It also considers the issue of the possibility to condition the exercise by the entitled party of the secondary right, which is possible in the construction of an obligation with conditional fulfillment.

Grounds for the emergence of rights to rehabilitation in criminal proceedings

Grounds for the emergence of rights to rehabilitation in criminal proceedings

Классификация сделок в трудовом праве

Transactions are considered as grounds for the emergence of rights and obligations (primarily in civil law). The problem of classification of transactions has not found a comprehensive solution in modern labor law. Modern legal science needs to analyze various classifications of transactions in labor law from theoretical and practical positions. Various classifications of transactions in labor law are analyzed on such grounds as the conditions for their commission, the need for registration, the number of expressions of will, the obligation to commit, the order of formalization of their conditions, functions in the mechanism of individual regulation, the time sequence of their commission relative to the main legal relationship. It is shown that the conditions for making labor and civil law transactions are different, since the former, unlike the latter, are legal facts that affect the content, determination and legal force of the main transaction that arose before the moment of its commission and therefore do not have a probable and accidental character for the parties. It is noted that it is possible to legislate the rules on the implementation by the employer of certain rights under registered labor transactions only after his application for registration and the necessary documents to the appropriate authority. The conclusion is made about the expediency of singling out not only auxiliary, but also basic among unilateral labor transactions. It is determined that the main difficulties of challenging the content of standard transactions consist in the need for a preliminary assessment of the legal force of the acts that approved the specified form. The conclusion is made about the need for further comprehensive research on the classification of transactions.

ОКРЕМІ ОСОБЛИВОСТІ ВСТАНОВЛЕННЯ ЮРИДИЧНИХ ФАКТІВ У ЦИВІЛЬНОМУ СУДОЧИНСТВІ УКРАЇНИ

The relevance of the study reflected in the article is related to the question of the peculiarities of establishing facts of legal significance (legal facts) in civil proceedings. Cases of establishing facts of legal significance today remain an essential part of civil proceedings and a significant category of cases considered in separate proceedings. The issues raised in the article are investigated by acquainting and analyzing the norms of civil law, scientific works, as well as the case law of courts of general jurisdiction in Ukraine. Attention is focused on the purpose of the procedure of establishing facts of legal significance, in particular, the possibility of establishing the latter in court is emphasized only in cases where for the person interested in this, such establishment is important. In particular, the importance of establishing legal facts when accepting an inheritance in order for the heir to obtain a certificate of the right to inheritance is analyzed. The focus is on the purpose of the procedure for establishing facts of legal significance, namely the possibility of establishing in court only in cases where for the person interested in this, such establishment is important. In particular, the importance of establishing legal facts when accepting an inheritance in order for the heir to obtain a certificate of the right to inheritance is analyzed. Legal facts are an important category of civil proceedings, and therefore remain today the subject of scientific analysis of many scientists in Ukraine. However, despite the fact that today the issues that are unexplored or understudied in the theory of facts of legal significance have decreased significantly in scope, some issues in this area remain without proper coverage in scientific papers. This determines the relevance of the issue raised by the authors and is of scientific interest in the study of establishing the facts that have legal means, and therefore require in-depth scientific analysis with further generalization and formulation of proposals. The authors investigate the significance of facts that have legal significance in terms of legal relations of discovery and acceptance of inheritance. In particular, the cases when certain elements for the discovery of heritage are unknown are investigated. The proposed proposal is proposed to identify facts that have legal significance as those provided by the Civil Procedure Code of Ukraine, and not directly defined in the legislation of Ukraine, but meet the general principles of civil law, indicating or not which rules of law link termination of certain legal consequences, in particular, the emergence of rights and obligations.

Reformulation of Regulation Concerning Share Ownership in Regional Development Bank by Regional Governments of Indonesia

The Regional Development Bank is an investment or realization of the regional government's commitment to carry out the objectives of the Act in terms of improving the area. Regional Development Banks have an important role in moving the regional economy, but obstacles arise from the regulatory side which experience conflicting norms in terms of regulating share ownership by regions so that synchronization is needed to realize legal certainty. The research in this cynical article aims to find regulatory reformulation regarding share ownership at the Regional Development Bank (BPD) with legal certainty. The research in this article uses a type of normative juridical law research. The approaches used are Statute Approaches, Conceptual Approaches and Analytical Approaches. The results of the study indicate that there are inconsistencies in the provisions governing share ownership in BPD. This gives juridical implications for the emergence of rights, obligations and legal relations as a result of the inconsistency of these arrangements. Regulatory reformulation regarding BPD share ownership by Regional Governments is carried out by adopting and efficacy of the concept of norms, resulting in a consistent regulation regarding BPD share ownership by regional governments..

National And Foreign Experience In Determining The Conclusion Of Civil Law Contracts

The emergence of rights and obligations between citizens and legal entities is based on a specific event or phenomenon. Such events are called legal facts in civil law. Article 8 of the Civil Code of the Republic of Uzbekistan lists the types of such legal facts, according to which civil rights and duties arise from contracts and other agreements provided by law, as well as from contracts and other agreements that do not contradict the law. The contract and its structure are the basis for the creation of civil rights and obligations as a legal fact. The conclusion of a contract is primarily an expression of the will of the parties. [3] This article describes in detail the concept of contract and its importance in the context of market relations, the types and content of contracts, the conclusion of contracts, freedom of contract.

Torture and Autobiography: A Scarrian Reading of Self, Rights, and Revolution in Lualhati Milan Abreu’s Dawn

Using the analysis developed in Elaine Scarry’s seminal The Body in Pain: The Making and Unmaking of the World (1985) as its framework, the article seeks to analyze the structure of torture as represented in autobiography and understand the role of autobiographical writing in the reconstruction of self and the emergence of rights. A reading of Lualhati Milan Abreu's Dawn shows that autobiography can have a complicit role in the structure of torture. Through the torturers’ demand for an autobiography that details the victim’s life, including the critical admission of being a spy for the government, torture destroys the persona’s pre-torture self and world and a new self is constituted in the exigencies of survival and the alleviation of pain. The persona thereby assumes a new identity, confesses her guilt, and implicates other people in the crime of spying. This article argues that Dawn, published twenty years after the acts of torture, constitutes an attempt to reconstruct the author's self and the revolutionary plot in which it played a role. In retelling her life, Abreu reembodies her self, provides it with flesh, wounds, and sex. In this reconstruction, another self emerges armed with rights and a demand for fair treatment. Moreover, the retelling also re-emplots the revolution to counter end-of-revolution narratives generated by the purges committed by the rebels against their comrades. Abreu’s narrative thus affirms the plot of revolution as a movement towards rights and liberty. By subsuming rights discourse into a larger revolutionary discourse, the narrative distinguishes itself from “human rights bestsellers” and remains intransigently insurrectionist.

How do Rights Become Probable in the Global Context?

In this article is analysed how is the emergence of rights in favour of people with less power in the global context probable and is explored what could be the most integral socio-legal approach to discuss this issue, related with the so-called problem of disregard. The analysis took as a case study the figure of the European Works Councils and led to the conclusion that the emergence of rights in that event was achieved through the mediation of a structure that comprises three components: (1) the declaration of a common aim or a kind of program, and (2) specialised structures that (3) perform specific functions. In the paper, this is called “program-driven and structurally mediated functions.” Although the different theoretical approaches to legal globalisation address some of the components of this structure, the theory of the International Public Authority provides a systemic vision that allows addressing the problem in a more comprehensive and articulated way.

The Milk Al-Yamin Concept as a Validity of Sexual Relationship in a Modern Context: an Analysis of Muhammad Syahrur's Thoughts

In the understanding of fiqh turats, the concept of milk al-yamin is affecting the legal protection for oppressed slaves during the Jahiliyah period. According to Syahrur, the concept of milk al-yamin had similarities and differences with the marriage contract. The similarity lies in the ability to have sexual relations, while the difference is that a marriage contract is not merely a sexual relationship, but it has a legal effect on the production of the rights and obligations of a husband and wife to build a family, and other social activities related to mushaharah. Milk al-yamin does not arrive at the emergence of rights and obligations as husband and wife as a result of a marriage contract. The concept of milk al-yamin that Syahrur understands for the present context is how the legal proposition (the Quran) remains suitable with the current era, not to be eradicated historically because it is no longer relevant. He built a new logic for the concept of milk al-yamin in the present context, which is called ‘aqd ihsan. The concept of milk al-yamin understood by Syahrur enables the authorization of contractual marriages or mut'ah which were abolished according to the Sunni school of fiqh. The concept of contract marriage or mut'ah does not have general marriage conditions, because the purpose is not to build a family, but purely sexual relations, and does not belong to the category of formal marriage, although at the same time it is not haram. In consequence, the concept of milk al-yamin is not becoming a basis for legitimizing nonmarital sexual relations.

The basis of the appearance of personal non-property rights of legal entities

Problem setting. The role of a legal entity in the economic and legal development of the state is quite important. Legal support for the implementation and protection of the essence and activities of these organizations is an important element in achieving these goals. Therefore, in order to improve the legal provisions for legal entities, it is necessary to investigate such a feature of the features of non-property rights as the specificity of their origin, through interaction with the essence of the organization. Analysis of recent researches and publications. Among the researchers who in their works addressed the issue of the basis of the appearance of personal non-property rights ot should be noted Y. M. Zhornokuy and S. O. Slipchenko, V. V. Kachurovsky and R. O. Stefanchuk. Previous research has shown that personal non-property rights of legal entities have specific basis of the emergence. It is concluded that since a legal entity is created on the basis of state registration, the state thus recognizes it as a subject of law. Target of research. Our study is based on the certain aspects of the emergence of definite rights of these subjects of legal relations because legal entities take a special place in the development of the state. The main aim of the study is to research the basis of the appearance of personal non-property rights of legal entities. Article’s main body. Due to the fact that a legal entity is created on the basis of state registration, the state recognizes such a person as a subject of law. This indicates that the characteristic of a legal entity is the publicity of the emergence. Determining the classification of personal non-property rights of legal entities, their differentiation into general, which are related to the essence of the legal entity and special, which have a primary distinguishing feature. These species helped to apply this criterion to the basis for such rights. The analysis of separate personal non-property rights of the organizations is carried out and it is established that certain of them appear at the legal entity in connection with certain conditions, that is special personal non-property rights of the legal entity appear at the organizations in connection with their belonging to a certain kind, organizational and legal form and whether it carries out business activities. It is determined that the moment of the emergence of the right to economic competition cannot be established. Conclusions and prospects for the development. The base for the emergence of general personal non-property rights of organizations are, first of all – its creation through state registration or issuance of an administrative act by a body of state power and local self-government. Also the basis is to obtain an appropriate permit, violation of such rights, the task of property or moral damage, as well as an abstract form of acquisition by the organization of a commercial name. Special basic of the emergence of personal non-property rights of legal entities are the basics with a primary distinguishing feature. This issue is quite relevant and requires further research.

Stop Burying the Lede: The Essential Role of Indigenous Law(s) in Creating Rights of Nature

AbstractThe rapid emergence of rights of Nature over the past decade across multiple contexts has fostered increasing awareness, recognition, and, ultimately, acceptance of rights of Nature by the global community. Yet, too often, both scholarly publications and news articles bury the lede – namely, that the most transformative cases of rights of Nature have been consistently influenced and often actually led by Indigenous peoples. In this article we explore the ontologies of rights of Nature and earth jurisprudence, and the intersections of these movements with the leadership of Indigenous peoples in claiming and giving effect to their own rights (while acknowledging that not all Indigenous peoples support rights of Nature). Based on early observations, we discern an emerging trend of increased efficacy, longevity, and transformative potential being linked to a strongly pluralist approach of lawmaking and environmental management. A truly transformative and pluralist ecological jurisprudence can be achieved only by enabling, and empowering, Indigenous leadership.

Устная договорная юридическая техника на этапе заключения договора: особенности и состав

Objective: to analyze the oral contractual legal technique and its component tools, to identify the features of technical and legal tools used at the stage of negotiating a contract.Methods: the dialectical approach to cognition of the legal phenomenon, allowing to analyze it from the point of view of the general theory of law, knowledge of individual branches of law and humanities; formal legal method (analysis of doctrinal provisions and practice of contractual law application), analysis, synthesis, comparison, classification, and other general scientific methods of cognition.Results: based on the analysis of theoretical and legal structures, legislation and practice of its application, conclusions are drawn about the existence of oral contractual legal technology and the criteria for distinguishing its legal tools from those of a non-legal nature. The legal tools of oral contractual legal techniques are expressed in the presence of specific rules for performing certain legally significant actions. These rules are characterized by: a) relative stability; b) direct focus on generating the main legal result: the emergence of rights and obligations in order to meet certain needs of the parties; c) dependence of the tools on the content of the contractual process stage. By the example of negotiating a contract as an important stage of the contractual process, one may regard good faith as the most significant rule in negotiations. The general model of signing a contract is also stable (sending a proposal to sign a contract, agreeing/disagreeing with the offer/agreeing to change the terms of the offer, sending a response to the offer, and signing the contract as a result). Negotiations can be organized in two ways: a) directly (based on the general provisions of Chapter 28 of the Russian Civil Code) and b) step-by-step (by signing an agreement on the procedure for conducting negotiations).Scientific novelty: oral contractual legal techniques rarely become the subject of scientific research. The proposed approach to the analysis of its tools is new for the Russian theory of legal technique.Practical significance: the main provisions and conclusions of the article contribute to the development of the legal technique theory aimed at improving the methods of professional legal activity, including in the field of contract signing.

The Payment Nafkah (Living) for Children as a Result Break Up of Marriage in Jurisdiction Territory of Religion Court Pekanbaru City

Marriage is a legal event, from which legal events will have legal consequences. One of the legal consequences is the emergence of rights and obligations between husband and wife. As we see in daily life, many occur in Indonesian society, not all marriages can be as happy as everyone wants, but not a few also end in Court. The end of the marriage due to divorce, does not mean that the obligation of parents to support their children also ends. In divorce divorce, children under the age of 12 years will usually fall into the care of (hadhanah) his mother. Not a few of them, ex-husband who does not carry out the obligation to pay for children's living after divorce. There are so many ex-husbands who did not carry out the court's decision after the divorce, namely the payment of children's income, which in Article 41 letter a of Law no. 1 of 1974 concerning Marriage is that both the father and mother still have the obligation to care for and educate their children, solely based on the interests of the child, in the event of a dispute regarding the mastery of children, the Court gives its decision. In implementing the court's ruling, there are several obstacles that cause the ruling to not work as it should, among ex-wives holding custody of children who do not have extensive knowledge about what steps should be taken when the ex-husband does not pay for the child's income. Another obstacle is the severance of communication between ex-husband and ex-wife because ex-husband has moved house and is difficult to contact. The solution provided by the Religious Court, is to carry out the payment of child support, but during 2017 and 2018 no one has ever registered a request for execution of child support payments because the costs are not small and the time required is also not short, whereas each day the children the child needs living expenses, so many ex-wife of the holder of the hadhanah cannot make any efforts to obtain their children's rights even though the child is part of the nation's next generation.