Legal Inheritance Research Articles

Inheritance Law as interpreted by the Supreme Court in Albania

Abstract In Albanian civil law, inheritance is established as a cornerstone institution within the legal framework. It arises upon the death of an individual and is categorized in two forms: legal inheritance and testamentary inheritance. This legal concept encompasses all state-issued norms that regulate property relations arising from an individual’s death and governs the transfer of assets from the de-cuius (the testator) to their heirs. This process confers civil rights and obligations upon the inheritors. Within civil law, inheritance pertains to property relations that commence posthumously, defined as “the lawful or testamentary transfer of the deceased’s property to one or more individuals in accordance with the provisions of the legal code.” The legal relationship of inheritance in Albania is contingent upon the death of the testator, marking a pivotal legal fact. This relationship is characterized by its dual nature: it encompasses both property and familial dimensions. The property aspect becomes manifest at the moment of the testator’s death, as their rights and real property are transferred to their heirs. Meanwhile, the familial dimension pertains to specific qualities required of heirs, such as blood relations, adoption, or marital status. A will has legal effect only at the moment of the testator’s death, when the inherited property automatically transfers to the heirs by operation of law. The death of the specified individual is essential for initiating these legal effects.

ВИТОКИ СТАНОВЛЕННЯ І РОЗВИТКУ ПРАВОВОГО РЕГУЛЮВАННЯ ЗАПОБІГАННЯ МОБІНГУ В СИСТЕМІ ДЕРЖАВНОЇ КРИМІНАЛЬНО-ВИКОНАВЧОЇ СЛУЖБИ УКРАЇНИ

The issue of mobbing within the penitentiary system requires a comprehensive approach to studying the problem and addressing it within the state structure. For a long time in Ukrainian law, defining the concept of “mobbing” was challenging, leading to reliance on foreign experience, particularly in labor law. Ukrainian psychologists and managers, mirroring their foreign counterparts, emphasized the need for protection against mobbing, viewing it as an applied task requiring managerial resources like specialized training, mediation for conflict resolution, and the development of corresponding legal norms. The Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Prevention and Counteraction to Mobbing (Harassment)” came into effect on December 11, 2022, introducing the term “mobbing” into Ukrainian legislation. The law defines mobbing as actions by employers or individual employees aimed at demeaning the dignity and reputation of an employee, encompassing psychological and economic pressure, electronic communication use, or creating a hostile work environment. Consequently, since 2022, “mobbing” in Ukraine is legislatively recognized as a negative phenomenon primarily in labor relations. In the context of the penitentiary system, legal relationships often intersect with labor law, and the internal labor market of the penitentiary system has its peculiarities, engaging convicts in socially beneficial work. The evolving legal regulation of mobbing prevention within the penitentiary system should be examined in three stages: legal inheritance (before 2005), legislative improvements (2005–2022), and new challenges (from 2022). The history of legal regulation in preventing mobbing in the penitentiary system demonstrates gradual improvements in Ukrainian and global legislation, adapting international standards to enhance working conditions and prevent mobbing. Continuous evaluation and enhancement of measures for mobbing prevention within the criminal-executive institutions are crucial for creating fair and dignified working conditions for employees in the Ukrainian penitentiary system. Key words: mobbing, State Criminal and Executive Service of Ukraine, legal regulation, prevention, legislation, employee.

The Coexistence of the Legal Inheritance with the Testamentary Inheritance

The research surprises the cases and the conditions in which the legal inheritance coexists with the testamentary inheritance. In the period of the old roman law the testamentary inheritance was priority, because the gratified successor through the will for a part of the inheritance was extending the vocation for a part of the inheritance of which de cujus didn’t dispose of. In the actual legislation, the legal inheritance coexists with the testamentary inheritance in some cases, so that a part of the inheritance is sent to the gratified one based on the will and the other part is sent to the legal heir through the virtue of the law. The cases in which the inheritance can be legal or testamentary are different, because the sping of the successoral vocation is the law or the will of the one who lets his fortune (de cujus). Therefore, the two types of inheritance can exist at the same time not only when the deceased disposes of a part of his fortune by will, but also when the will contains legates which consume the full successoral mass. The coexistence of the two forms of inheritance represents the result of the bound between the freedom of the will with the instituted protection by law of the mandatory heir.

STATUS KEWARISAN ANAK YANG LAHIR DARI HASIL SEWA RAHIM MENURUT HUKUM PERDATA DAN KHI

The purpose of this research is to analyze and understand the phenomenon of surrogacy from the point of view of applicable law in Indonesia, especially according to the compilation of civil law and Islamic law. This type of research is normative, based on a statutory law approach and a qualitative descriptive approach using content analysis of primary, secondary, and tertiary legal sources. The results of the study were obtained by analyzing diverse and complex legal opinions in the perspective of civil law and the compilation of Islamic law. The amount is more than 1/3 of the legal inheritance, but according to KHI, she can only inherit from her mother's lineage.

Locating the Process of Policy Change to Empower Youth Care Leavers as Inheritors of State Property in India

To ensure the continuum of care to be sustainable and of participatory quality for orphaned/ abandoned children and youth without parental care or those residing in institutional care, there is an urgent requirement of policy shift and extension in the aftercare of the youth sphere. These children must be conferred with rights-based privilege and responsibilities by the federal government in the management of state resources and property as their guardians and carers. This policy and programme shift would formally recognise these youth care-leavers (YCLs) as wards of state, provide them with employment and income sources and grant them legal inheritance rights to public property. This policy reform entails provision of legal identity on the care-leavers as state's children, prior training in vocational skills, harnessing of life-skills, and management capabilities and linking them to public institutions for life beyond aftercare. The authors advocate for the states of India to widen their scope and include 'those in care of the State' as leaders and change agents in resource management through a proposed right to inheritance. This would pave the way for inclusion and equality of the marginalised and stigmatised population cohorts, in this case the YCLs, and yield demographic dividend for the country.

Doing What, by Whom, for Whom and How?: An Essay on Interests, Modes, Methods and Other Dynamics in “Theology” and/or “Religious Studies”

The essay begins with a methodological exploration of aspects of the continuing contested relationship between modes of engaging in the study of religion, which are often described in English as “Theology” or “Religious Studies” and more sharply differentiated in the German language as Theologie and Religionswissenschaft. By reference to the example of some of the conflicts that emerged around the formation of the European Academy of Religion, the essay shows how these two modes can solidify into opposing scholarly camps. While acknowledging the economic pragmatics that can come to the fore in institutional settings, it notes that the primacy of “Theology” was rooted in a Christendom social, religious and legal inheritance, while the emergence of Religious Studies and Religionswissenschaft represented an Enlightenment aspiration towards freedom from such. However, the purpose of this essay is neither to take sides between these broad camps, nor to argue that the differences between them are unimportant. Rather, it is centrally concerned with critiquing both modes for having too often proceeded without a sufficiently self-conscious embrace of the contextual impact upon them of social, political and economic frameworks, interests and/or the individual positionalities taken in relation to these. To support its arguments, the essay deploys aspects of the theological and socio-political legacies of the Czech and German theologians Josef Hromádka and Dorothee Soelle, alongside methodological insights and arguments from the British Religious Studies scholars Richard King and Malory Nye. In conclusion, drawing on Ninian Smart’s call for “axioanalysis” in the study of religion, the essay sets out a series of questions to both “Theology” and/or “Religious Studies” which it posits could help to facilitate an important and needed transformation in both “Theology” and “Religious Studies”. Within such a transformation, if socio-political contextuality and positionality are embraced and embedded as necessary (but not exhaustive or exclusive) for both critical and constructive scholarship in “Theology” and “Religious Studies”, then an “engaged” approach to the study of religion might prove able to facilitate a fruitful “shared borderland” between the “hinterland territories” claimed by these otherwise often broadly differential modes of study.

Nicholas Karn. Kings, Lords and Courts in Anglo-Norman England.

The Anglo-Norman period, which stretches from the Norman Conquest of 1066 to the accession of Henry II in 1154, occupies a difficult place in English legal history. It is unhelpful that its source base is more intractable than those of either the preceding or the following eras, not providing even the semblance of a clear account of how law worked. Yet the period’s unyielding sources have pressing questions to answer because profound differences between the periods show that Anglo-Norman England witnessed fundamental legal change. It is not fair to say that the Anglo-Norman legal world has been neglected, but it is rare for a book-length study to take England’s early medieval legal inheritance seriously and wrestle with the problem of how it transformed to produce the more familiar world of the late twelfth century. This is what Nicholas Karn’s Kings, Lords and Courts in Anglo-Norman England does with remarkable success. It is one of those rare books that appreciably advances historical knowledge on a well-worn topic.

Dopuszczalność i prawnospadkowe konsekwencje postmortalnej implantacji zarodka

The article covers the issue of the admissibility of postmortal embryo transfer and the filiation and inheritance consequences of a medical procedure that results in the birth of a child. The authors note doubts related to the application of the specific regulation contained in the Infertility Treatment Act and its consequences in inheritance law. This is due to the fact that between the creation of the embryo outside the woman's body and its remaining outside the body, events may occur, the effects of which will be noticeable both in the legal sphere of entities undergoing infertility treatment, and potentially in the sphere of the child to be born. These events may take the form of natural events, independent of will (events in the strict sense), as well as conventional events, resulting in, for example, the withdrawal of the consent of interested entities to transfer the embryo into the woman's body. The subject of the analyzes are the filiation consequences and legal inheritance consequences in the event of natural events involving the death of a man who donated reproductive cells as part of a partnership donation and a man who consented to his wife's fertilization with anonymous sperm.

To build a bridge between ancient and modern legal inheritance -- Summary of "Han and Tang Law and Traditional Chinese Legal Culture Seminar"

To build a bridge between ancient and modern legal inheritance -- Summary of "Han and Tang Law and Traditional Chinese Legal Culture Seminar"

Genetic Knowledge: a Gift or a Curse?

The origins of genetic research in the molecular era are discussed along with the prospects for development of the system of the values underlying their legal regulation. Heredity and variability are included into a historically defined worldview as socially significant values respectively occupying alternate leading positions in archaic and modern societies. The article substantiates a connection between ideas about heredity and variability and the social structure, institutions and social practices of the two main types of the pre-molecular era societies. The article also discusses the significance of pre-scientific ideas concerning blood as a special substance ensuring biological, social and legal inheritance in the system of social action of the archaic society. Analysis is given to the conceptual foundations of the strategy of overcoming the ‘right of blood’ in modern societies, where the value of heredity is replaced by the value of variability to serve as a value-system basis for development and progress. Examples of coexisting worldviews and values inherent in both archaic and modern forms that still interact in present-day societies are presented and generalized. The example of the parascientific blood-type theory prevalent in today’s Japan is used to illustrate the ability of collective consciousness to integrate scientific ideas into deep underlying layers of pre-scientific thinking. The postmodern mixture of worldviews and values gives rise to ambiguity and uncertainty with regard to values in the era of discovery of the genetic mechanism of inheritance, creating additional difficulties for rule-makers (legislators) in course of forming a system for the legal regulation of genetic research. Finding a balance between prohibitions and permissions in the corpus of laws and by-laws regulating genetic knowledge development is all the more important given that the demarcation between representing and intervening in the research carried out by molecular biologists is losing its certainty (definiteness) even faster than in the physics of the microworld, let alone other subject areas of the modern science. Bioethics, which is currently providing a philosophical basis for the legal regulation of genetic research, requires theoretical elaboration and conceptualization. As one of the substantiation options, the article proposes the concept of supplementing instrumental rationality with social communication put forward by Jürgen Habermas within the framework of his theory of communicative action

Conflicts occurring due to the application of different legal inheritance systems in Indonesia

The Republic of Indonesia applies three legal systems on inheritance, namely the Islamic law, the Civil Code, and the Indigenous law. Conflicts occur when families use different legal systems in splitting inheritance. This paper aims to analyze: (1) The considerations of the judge in deciding the right of heirs with different religions to obtain inheritance; (2) Whether or not using wasiat wajibah in distributing inheritance to non-Muslim heirs violates Islamic laws; and (3) The legal efforts which may be taken if heirs who follow a different religion from the decedent do not obtain an inheritance. This is normative prescriptive legal research employing a comparative approach. Primary and secondary data were collected from the literature review. Results showed that the Supreme Court judge decided that a non-Muslim widow has the right to obtain an inheritance from her deceased Muslim husband based on the wasiat wajibah stipulations, considering that the widow had been married to the deceased for 18 years. Referring to wasiat wajibah to give inheritance to non-Muslim heirs does not violate Islamic law, in which the maximum amount is a third of the inheritance. This paper suggests two ways to resolve conflicts on inheritance: (1) Let the inheritance laws be plural. If there are legal conflicts, they can be resolved in court, (2) Unify the laws by creating new inheritance national laws to achieve national unity. This research provides novelty, recalling that there has not been any previous research on the same theme in Ternate City.

Pembagian Harta Warisan Berdasarkan Pertimbangan Ekonomi

Islamic inheritance law is one of the sources of legal inheritance which regulates the affairs of a person who has left his property because he has died and that property will fall to the person who has rights.Soepomo said that the inheritance law makes regulations that regulate the process of directly transmitting and obtaining property and intangible goods from a generation of people to their descendants. This process has started while the parents are still alive. The process does not become acute due to the death of a parent. Indeed, the death of a father or mother is an important event for that process, but in fact it does not radically affect the process of succession and transfer of property and immovable property.A person has been designated as an heir because between the heir and the heir have a relationship of marriage, kinship and liberate slaves. Basically, most of the people prefer to solve inheritance problems by conducting family deliberation even though there have been stipulated rules in the Qur'an and al-Hadith. Basically, this family deliberation system is also allowed in Islamic law. However, there are exceptions in it if a dispute occurs during deliberation which results in an inheritance dispute

Brief analysis of the inheritance relationship of stepparents and stepchildren

The relationships between includes pure affinity, adoption and support. The nominal kinship relationship between stepparents and stepchildren does not form a relationship of dependency and cannot be inherited by each other; the adoptive step-parent and step-child relationship asserts legal inheritance in accordance with the presumption of parent-child relationship by blood relatives; and the support relationship between asserts its inheritance right on the condition of forming a "relationship of dependency". However, the law does not provide for this inheritance right in detail, resulting in different decisions in practice. This article analyses the jurisprudential debate, the legal basis and the requirements for the formation of inheritance rights between dependent step-parents and children, in the hope that the law will provide clearer guidelines for its application in this regard.

Depriving Males of Inheritance between Sharia and Social Custom: The Minang Kabau Community in West Sumatra as a Model

This research aims to study the custom of the Mingkabau community in West Sumatra in the matter of distributing financial rights, and to clarify the position of Sharia concerning their circulation comparable to social traditions and norms. Astonishingly enough, this Sumatran society has unique habits in that it allocates the division of rights to take place among females absolutely and excludes males. That is because it is common among Muslims that males deprive females of their right to inherit, but that males are deprived of inheritance, this is what we did not expect. The research relied on the inductive approach to extrapolate and study the inheritance system in Islam according to what was mentioned in the Holy Qur’an and the Sunnah of the Prophet, as well as the custom of the Mingkabau community in West Sumatra by referring to the writings of scholars specialized in that and their interpretations, and it relies on the analytical method by analyzing the position of Sharia for this application. The study reached several results, the most important of which are: that the Mingkabo community adhered to a certain matriarchal system; Children and grandchildren carry their lineage to the mother in social life, considering the genetic and legal documentation of their fathers. On the other hand, the system of inheritance according to the custom of the Mingkabo society is of two types: the first: high inheritance; This type of inheritance does not contradict Islamic law, but rather has a basis in religion, because the reality of this inheritance is like a waqf. The second type: low inheritance; There is no disagreement among Islamic scholars regarding this type, because its distribution adheres to the provisions of Islamic legal inheritance.

Between State Aid, Trade and Antitrust: The Mixed Procedural Heritage of the Foreign Subsidies Regulation and the Overarching Principle of Non- Discrimination

The FSR intends to fill a regulatory gap between trade law, State aid and antitrust law, and achieves this through a unique blend of familiar concepts and rules, drawing from the rich legal traditions of the EU State aid, antitrust, and trade defense regimes. This legal inheritance can be observed throughout the FSR’s procedural framework, including the structure of its review procedures, the Commission’s investigative powers, and the rights of defence of undertakings. Given its legacy, there will be a continuing dialogue between the FSR and these other regulatory systems, possibly with the FSR exerting its own influence, such as on due process rights under the State aid regime.

Analysis of Inheritance Division Based on Deeds Made Before Notary Perspective Sadd Adz-Dzari'ah (Study at Notary Office of Bengkulu City)

This research aims to explain: 1) How is the distribution of inheritance made by the heirs based on the deed made before the notary perspective of Sadd Adz-Dzari'ah?, 2) What is the position of the inheritance distribution deed made before the notary perspective of Sadd Adz-Dzari’ah?. This type of research is library research. Data collection techniques using the Document Method. The conclusion states that, 1) The heirs in dividing the inheritance do not use the Islamic inheritance system but are divided in a family manner using each party discussing each other looking for a way out of the inheritance problem being faced. 2) The implementation of the inheritance distribution in a family is not intended to avoid furudhul muqaddarah (the part set out in the text), but is nothing but for the benefit of all heirs and avoid kemudharatan. To prevent this kemudharatan, then made the Deed of Inheritance before the notary public. So in the perspective of sadd adz dzari'ah, the position of making the deed of distribution of legal inheritance is sunnah.

The Construction and Practice of the Right of Residence System from the Perspectives of China

In the history of civil law, the residence right system, as a representative of human servitude, originated from Roman law and continued to develop in the "French Civil Code" and "German Civil Code". Based on the differences between Chinese and Western social and cultural traditions, Japanese civil law did not accept the human servitude system in the initial legal inheritance, and modern Chinese civil law also abandoned the human servitude system based on similar cultural value judgments. With the major changes in social life, based on the response to real social needs, the "Civil Code of the People's Republic of China" created a system of residency rights. This article uses the comparative method to study the historical evolution of the housing rights system, and explore the legal and cultural roots behind the establishment of the system. At the same time, with the help of typical cases, it analyzes the practice of the right of residence after the promulgation of the Civil Code and discusses the legal perfection of the right of residence system. This article points out the unpaid nature of the right of residence, which can easily hinder the development and effectiveness of the right of residence system. In the future judicial practice, we need to expand the interpretation of the law, expand the scope of the right of residence, and expand the legal function of the right of residence system, so as to make full use of social resources to meet the public's housing needs.

Legal Frame of Agricultural Land Succession and Acquisition by Legal Persons in Hungary

The study presents the way leading to the development of the Hungarian land transaction regulation and the most important points of the new legal provisions. In the analysis, we also touch on the issue of land acquisition by legal persons. The research focused on examining the inheritance of agricultural lands. In the case of the inheritance of land, legal inheritance and inheritance by disposition of property upon death are also mentioned. Inheritance of land by disposition of property upon death is prioritised in the analysis. In addition, the issue of transfer of holding inter vivos is examined.

Influența dreptului roman asupra situației patrimoniale a soțului supraviețuitor în moștenirea legală din vechiul drept francez scris

In the old French written law characteristic of the Middle Ages, the legal provisions on succession were not dictated exclusively by the rules of Roman law but were also influenced by local customs applicable in the south of France. The legal provisions ensured that the surviving spouse's patrimonial situation (especially in the case of the widow) did not suffer a sudden change of lifestyle after the death of the life partner. The substantial advantages enjoyed by the surviving spouse were mainly granted through seemingly voluntary legal manifestations, but which had well-founded beliefs and customs at the root. The rules of legal inheritance and those governing the dissolution of the matrimonial regime provided patrimonial aid but were far from sufficient.

LEGAL INHERITANCE IN UKRAINIAN SOCIETY IN X–XVII CENTURY

In this article the essence of the institution of legal inheritance in the Ukrainian society of the X–XVII centuries is established. It is proposed to distinguish three stages of the development of this institution. In the X–XII centuries legal inheritance was regulated by barbaric consuetudinary law, since the XI century it was fixed in Russka Pravda. The heirs were the sons of the deceased; daughters got a share of parental property in the form of a dowry. The widow had the right to dispose of the property, but until she remarried. The property of persons who did not have sons was considered to be extortionate and was passed to the prince. Inheritance by will actually coincided with legal inheritance in terms of the circle of heirs. In the XIII – early XVI century hereditary relations were regulated by the rules of feudal law, fixed both in written law and in legal customs. The circle of legal heirs was expanded, daughters were allowed to inherit as well as sons, but all landowners were obliged to ensure military service from the estates. If there were no children, other relatives and a widow could inherit. The property of persons who had no relatives was considered extortionate and was passed to the prince. In the late XVI and XVII century the feudal law, including hereditary, was transformed into early modern. The institution of legal inheritance became more complicated and consisted of the rules of written and consuetudinary law, its formation was also influenced by legal practice. As a result, there was a certain dualism of inheritance by law: the practice was not the same for the privileged classes and the common population. Among the social elite, along with the recognition of women's inheritance rights, the restrictions on the inheritance of parental property by married women were deleted, and the inheritance rights of other relatives were expanded. The unprivileged urban and rural population in the practice of legal inheritance used archaic norms of consuetudinary law, which were formed in previous periods.