scholarly journals Donaciones inter vivos o irrevocables en la legislación ecuatoriana

2020 ◽  
Vol 5 (9) ◽  
pp. 536
Author(s):  
David Agustín Vintimilla-Herrera ◽  
Francisco Xavier Avila-Cárdenas ◽  
Ana Zamora-Vázquez
Keyword(s):  
Subject Matter ◽  
Civil Code ◽  
Bilateral Action ◽  
The Subject ◽  
Conceptual Nature ◽  
Inter Vivos

The purpose of the article is to analyze donations inter vivos or irrevocable in Ecuadorian law. A documentary review of inter vivos or irrevocable donations was proposed. By establishing a differentiation between articles 1402 and 1416, it could be found that while in the first article a donation is mentioned as a legal act, in the second it states that a donation cannot be made inter vivos if it is not granted by public deed and registered in the corresponding registry, which gives way to a legal contradiction about the conceptual nature of the donation among the living. The donation among the living is not a legal act, but a contract, since there is a bilateral action. There is an error in the conceptualization that refers to article 1402 of the Civil Code that differs with what was determined in other articles subsequent to the subject matter.

Die Vererblichkeit von Vermögenswerten in der digitalen Welt

2021 ◽  
Author(s):  
Benedikt R. Muer
Keyword(s):  
Subject Matter ◽  
Civil Code ◽  
Fundamental Analysis ◽  
Inheritance Law ◽  
Digital World ◽  
The Subject ◽  
The Way

The subject matter of this work is controversially discussed in jurisprudential literature under the term "digital estate". The author addresses the problem of assets in the digital world in a special way: The concept of assets used in § 1922 of the German Civil Code is first subjected to a fundamental review and critically examined in its historical contexts. In the process, detailed questions are also clarified on those aspects that can stand in the way of the realisation of the inheritance-law finding through impossibility. This consideration is of particular interest in detail, especially in the digital context, and enables a holistic, fundamental analysis of the problem.

scholarly journals Disparitas Putusan Hibah: Studi Analisis di Pengadilan Malang, Pengadilan Agama Tinggi Surabaya dan Mahkamah Agung

2020 ◽  
Vol 9 (1) ◽  
pp. 91-114
Author(s):  
Kamarusdiana Kamarusdiana ◽  
Zakiyah Salsabila
Keyword(s):  
Subject Matter ◽  
Islamic Law ◽  
Civil Code ◽  
Legal Certainty ◽  
High Court ◽  
The Subject ◽  
The Law ◽  
Religious Courts

The term “grant” (hibah) in the Law Book of Civil Code (KUH Perdata) has been regulated in the Article from 1666 to that of 1693, while the Compilation of Islamic Law (KHI) regulates the grant mentioned in the Article from 210 to that of 214. The subject matter of grant in the Religious Courts and the High Court of Religion in Indonesia is the first and an appeal that the religious court was not authorized to decide on the case for the cancellation of the grant certificate, but at the appellate level. Next, the judges overturn the first and appeal and decision. Finally, the decision on the Cassation level has given rise to the principle of Legal Certainty, Legal Justice and the Principle of Expediency.

scholarly journals SECURITY (GUARANTEE) PAYMENT AS AN INNOMINATED ENFORCEMENT OF OBLIGATIONS

2021 ◽  
pp. 154-163
Author(s):  
I. S. Kanzafarova ◽  
M. S. Fedorko
Keyword(s):  
Distinctive Feature ◽  
Subject Matter ◽  
Civil Liability ◽  
Civil Code ◽  
Material Objects ◽  
The Future ◽  
The Subject ◽  
Logical Result ◽  
Compensation Function

The article is devoted to clarifying the features of a security (guarantee) payment as an innominated method of securing the enforcement of an obligation. As a result of the study, there are provisions that can serve as a basis for constructing a sub-institution of a security (guarantee) payment in the obligation law of Ukraine. The conclusion is justified that a security (guarantee) payment is possible only when the material objects of the main and accounting obligations are homogeneous. Homogeneity in security payments is that the subject matter and mode of performance of the principal obligation can be replaced by the same performance, but at the expense of reserved funds. A monetary security payment cannot provide non-monetary obligations in an obligation, since their fulfillment cannot be replaced by a monetary provision. It is proved that the security (guarantee) payment must have separate characteristics of the deposit, pledge, and predetermined losses. A distinctive feature of a security (guarantee) payment, in comparison with other methods of securing the performance of the obligation, is the weakened emphasis, which manifests itself at the stage of the occurrence of the obligation, allows to ensure obligations arising in the future. The regulatory fixation of a security payment in the Civil Code of Ukraine, of course, will be a logical result of its application in practice as an innominated method of ensuring the fulfillment of an obligation. The conclusion is justified that a security (guarantee) payment can perform a punitive function only indirectly: through the application of civil liability measures. In other words, a security payment is only a financial source of satisfaction for claims for forfeiture or damages, but unlike the mentioned measures of liability, a security payment does not have a punitive mechanism in its structure. A security payment is characterized by the existence of a compensation function that aims to restore the property sphere of the creditor, and not acting as a means of punishing the debtor. Attention is drawn to the need to introduce a certain mechanism for allocating funds from the estate of the person to whom they are transferred as a security payment. This mechanism will balance the interests of participants in civil traffic, leveling the risk of their non-return for the person who transferred money as a security payment.

scholarly journals A NEW ROLE OF CAUSATION THEORY TOWARDS ACHIEVING ECONOMIC CONTRACTUAL EQUILIBRIUM: ANNULLING THE ARBITRARY CONTRACTUAL CONDITIONS

2021 ◽  
Vol 29 (1) ◽  
pp. 153-181
Author(s):  
Osama Ismail Mohammad Amayreh ◽  
Izura Masdina Mohamed Zakri ◽  
Pardis Moslemzadeh Tehrani ◽  
Yousef Mohammad Shandi
Keyword(s):  
Subject Matter ◽  
Analytical Approach ◽  
Effective Means ◽  
General Rule ◽  
Civil Code ◽  
Commutative Justice ◽  
The Subject ◽  
Do So

The phrase “who says contractual, says justice” (qui dit contractuel dit juste) does not fully express the truth of present reality, where the phrase itself falls into doubt, since a contract does not always result in fair obligations. In this regard, the French judiciary realized that the absence of justice in a contract might arise as a result of the contractual freedom afforded to the contracting parties. Thus, the idea of Commutative Justice in the contract was developed, such as, the Chronopost’s decision which is considered one of its most important applications. However, the equivalence of rights and obligations in the Palestinian Draft Civil Code only exists in a virtual form, without any content that actually contributes to the achievement of the equivalence between rights and obligations in contracts. This article seeks to prove that the provisions of the causation theory in the Palestinian Draft Civil Code can be used as an effective means for achieving contractual justice between the contracting parties, in order to maintain economic contractual equilibrium of the contract. To do so, the function of the causation theory should be analysed in a comparative analytical approach with the Chronopost’s decision to illustrate the Palestinian legislative deficiencies. It will also show the need for adopting the French judicial approach, which will establish a general rule that any arbitrary clause that contravenes the essential obligation of the contract is considered to be unwritten, regardless of the nature or the subject matter of the contract.

Objects of Private Property in the Civil Code of the Russian Federation and in the Civil Code of Quebec

2005 ◽  
Vol 30 (1) ◽  
pp. 19-28
Author(s):  
David Lametti
Keyword(s):  
Property Rights ◽  
Russian Federation ◽  
Subject Matter ◽  
Private Property ◽  
Civil Code ◽  
Property Relations ◽  
Civil Code Of Quebec ◽  
The Subject ◽  
The Russian Federation

AbstractProperty norms, in expressing a relationship among people through resources, must address in some manner the organization of property rights and the classification of objects of property. Both the Civil Code of the Russian Federation and the Civil Code of Quebec express some notion of the idea of what the author has called property-as-object, taking the form of certain distinctions: movable/immovable, corporeal/incorporeal, capital/revenue, or in commerce/out of commerce.The Russian code contains a rich discussion of the objects of property, with a larger, more explicit formal role for objects in the understanding of property rights as compared to the Quebec code. The articles on objects in general manifest the traditional civilist distinctions, while set in the context of present Russian society.Moreover, notwithstanding some initial lack of clarity in the Russian code's classifi cation between the objects of property and the subject-matter of other patrimonial rights, the objects of property are clearly distinguishable as a category and are important to understanding property relations. Despite the focus in the Russian code on "things" as the objects of property as opposed to "rights in things", it is nevertheless the case that the latter are an important part of the property relationship, and cannot be disentangled from "things".

Words

PMLA ◽  
1935 ◽  
Vol 50 (4) ◽  
pp. 1320-1327
Author(s):  
Colbert Searles
Keyword(s):  
Subject Matter ◽  
Assistant Professor ◽  
The Subject

THE germ of that which follows came into being many years ago in the days of my youth as a university instructor and assistant professor. It was generated by the then quite outspoken attitude of colleagues in the “exact sciences”; the sciences of which the subject-matter can be exactly weighed and measured and the force of its movements mathematically demonstrated. They assured us that the study of languages and literature had little or nothing scientific about it because: “It had no domain of concrete fact in which to work.” Ergo, the scientific spirit was theirs by a stroke of “efficacious grace” as it were. Ours was at best only a kind of “sufficient grace,” pleasant and even necessary to have, but which could, by no means ensure a reception among the elected.

The Taxonomic Structuring of Medical Information and its Usefulness in this Form

1965 ◽  
Vol 04 (03) ◽  
pp. 112-114 ◽  
Author(s):  
H. Zinsser
Keyword(s):  
Subject Matter ◽  
Medical Information ◽  
Central Core ◽  
Diagnostic Strategy ◽  
Programmed Instruction ◽  
Orderly Fashion ◽  
The Subject

An outline has been presented in historical fashion of the steps devised to organize the central core of medical information allowing the subject matter, the patient, to define the nature and the progression of the diseases from which he suffers, with and without therapy; and approaches have been made to organize this information in such fashion as to align the definitions in orderly fashion to teach both diagnostic strategy and the content of the diseases by programmed instruction.

العربية المقاربة المقاصديّة في ردّ ابن فودي على القادح في جلستهم الدعويّة

2018 ◽  
Vol 6 (3) ◽  
Author(s):  
Alawiye Abdulmumin Abdurrazzaq ◽  
Ahmad Wifaq Mokhtar ◽  
Abdul Manan Ismail
Keyword(s):  
Nineteenth Century ◽  
West Africa ◽  
Subject Matter ◽  
Analytical Methods ◽  
Men And Women ◽  
The Subject

This article is aimed to examine the extent of the application of Islamic legal objectives by Sheikh Abdullah bn Fudi in his rejoinder against one of their contemporary scholars who accused them of being over-liberal about the religion. He claimed that there has been a careless intermingling of men and women in the preaching and counselling gathering they used to hold, under the leadership of Sheikh Uthman bn Fudi (the Islamic reformer of the nineteenth century in Nigeria and West Africa). Thus, in this study, the researchers seek to answer the following interrogations: who was Abdullah bn Fudi? who was their critic? what was the subject matter of the criticism? How did the rebutter get equipped with some guidelines of higher objectives of Sharĩʻah in his rejoinder to the critic? To this end, this study had tackled the questions afore-stated by using inductive, descriptive and analytical methods to identify the personalities involved, define and analyze some concepts and matters considered as the hub of the study.

HUBUNGAN PROFESIONALISME PENDIDIK TK DENGAN KINERJA PENDIDIK DI TK RAYON IV KOTA DUMAI

2019 ◽  
Vol 3 (3) ◽  
pp. 660
Author(s):  
Ranirizal Ranirizal
Keyword(s):  
Learning Process ◽  
Subject Matter ◽  
Significant Relationship ◽  
Teacher Performance ◽  
Teacher Professionalism ◽  
Learning Material ◽  
The Subject ◽  
Performance Development ◽  
Kindergarten Educators ◽  
Academic Qualifications

Performance is the performance shown by educators, both in quality and quantity in carrying out their duties in accordance with the responsibilities given to them professionally. Educator performance development is a very decisive factor in the success of the education and learning process. In fact, in Kindergarten Rayon IV, Dumai City, there is still a low level of competency standards possessed by educators. The intended competency standard is from the standard academic qualifications and four competencies that must be possessed by a kindergarten educator, namely pedagogic, professional, social and personality competencies. This is evidenced by educators not yet mastering learning material with the maximum known when the learning process educators are not able to explain well the subject matter, and educators have not shown maximum performance in carrying out their duties and functions. The purpose of this study was to see whether there was an influence on teacher professionalism on teacher performance in Dumai IV Rayon Kindergarten. The results of the study prove that there is a significant relationship between the professionalism of Kindergarten educators and the performance of educators in Kindergarten Rayon IV, Dumai City. This is evidenced by the value of Sig (2-tailed) professionalism on educator's performance of 0,000, so the calculation shows 0,000 <0.05. This means that Ha is accepted, that is, there is a significant relationship between the professionalism of Kindergarten educators and the Performance of Educators in Kindergarten Rayon IV, Dumai City.

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