RECONSTRUCTION OF ZAKAT IN THE INDONESIAN LEGAL SYSTEM

Author(s): Ahmad Muhasim,Hirsanuddin Hirsanuddin,Hayyan ul Haq / Language(s): English Issue: 2/2019

This study aims to explore the anatomy of the implementation of zakat and to reconstruct and to find an appropriate model law of zakat in Indonesia. Zakat can be optimized in improving and creating public welfare. The detailed analysis focused on the potentials of zakat that can be developed and manifested. The development of zakat was based on the existing of the Indonesian positive law and Islamic Law. Therefore, this study first identified and interpreted the divine values (Ilahiah values) that sourced from Qur'an and hadith. It elaborated on the legal resources from ijtihad, the fatwa from various theologians (Islamic Scholars). This study also applied normative legal research for addressing the issues related to the reconstruction of zakat norms. Meanwhile, empirical research was used to address and ascertain the societies' respond to the zakat changes. In normative legal research, this work used statutory, conceptual and case approaches. Thus, this work offers a good model of zakat management, such as zakat for a profession, zakat from fisheries products and other yields of the sea. This also reformed the model of collecting and distributing zakat.

PECUNIA COMMUNIS MUNICIPIUM. ФИНАНСИРАНЕТО НА МУНИЦИПИИТЕ В ИСПАНИЯ

Author(s): Maria Lourdes Martinez de Morentin / Language(s): Bulgarian Issue: 1/2019

The present work tries to provide a general vision about the incomes and expenses that the cities had to face as a consequence of the development they experienced with the concession of ius latii by emperor Vespasian. Specifically, those referred to the Flavian municipalities in the Roman province of Hispania will be named, which, in part, reflect the content of the lex for the Urso caesarian colony.

АCTIO NOXALIS: ЗАДЪЛЖЕНИЯ, ПРОИЗТИЧАЩИ ОТ НОКСАЛНАТА ОТГОВОРНОСТ И ХИПОТЕЗИ НА CONFUSIO

Author(s): Carmen Salcedo / Language(s): Bulgarian Issue: 1/2019

The article is dedicated to the jurisprudential debate on the validity of actio noxalis in the cases in which his holder disposes of the servus or filius familae that caused the noxal responsibility.

STUDY OF THE EFFECTS OF PATRIA POTESTAS ON THE GOODS OF FILII FAMILIAS

Author(s): Salvador Ruiz Pino / Language(s): English Issue: 1/2019

Patria potestas deploys a great amount of effects on the persons and the goods of the roman filii familias. This study aims to approach these legal effects and brings a general investigation in the roman family law context.

ИЗПЪЛНЕНИЕ НА РЕШЕНИЯ С ПРИСЪЖДАНЕ НА ПАРИЧНА СУМА В VІІ PARTIDAS

Author(s): Adolfo Bautista Cremadez / Language(s): Bulgarian Issue: 1/2019

The „VII Partidas“ called code, is the greatest legislative work of the ius commune. In them is collected, in Spanish language, the main precepts received from Roman and Canonical law forming a corpus that would result from regulatory application until the promulgation of the Civil Code in 1889. The object of this work is to analyse the considerations of items relating to the enforcement of monetary judgments and comparing them with the regulation of the pignus in causa iudicati captum established by Antoninus Pius for the Roman process. Consideration of the Glossae of Gregorio López analyzes reflections which, in his day, caused by the Alfonso’s Code.

СРОК ЗА ИЗДАВАНЕ НА РЕШЕНИЕ ОТ МИТНИЧЕСКИЯ ОРГАН ПО ПРИЕТО ЗАЯВЛЕНИЕ

Author(s): Atanas Simeonov / Language(s): Bulgarian Issue: 1/2019

The research covers issues related to issuing customs decisions on the application of EU customs legislation. There is currently no in-depth discussion on these issues. The practice of the administrative authorities competent to issue acts on the application of customs legislation reveals uncertainty and still ignorance of the new legal framework, which undoubtedly leads to contradictions in the judicial resolution of legal disputes. This article is part of a larger study on administrative service delivery by Member States' customs administrations in the EU and aims to clarify and analyze problematic issues.

LAESIO ENORMIS IN MEDIEVAL SERBIA ACCORDING TO CODE OF JUSTINIAN AND IN THE SERBIAN CIVIL CODE

Author(s): Emilija Stanković / Language(s): English Issue: 1/2019

Laesio enormis is the institute of Roman law which is being implemented with certain modifications in modern legislations. It is one of a set of measures introduced by Diocletian with the aim to prevent accelerating demolition of Roman state. This institute also protected the small landowners (farmers) from decline and prevented larger concentration of land in hands of wealthy landlords by allowing the termination of a contract if the price of exchange is less than a certain sum (for instance one half) of its actual value. This measure also meant the humanization of law since it protected the interests of a weaker party. The expression “laesio enormis” came from glossators and refers to “the damage over half” (ultra dimidium iusti pretii) and in terms of terminology, it is connected to the issue of pretium iustum (the right price). The Byzantine law recognized the institute laesio enormis and applied it in a slightly changed form. Thus, in Basilicas there are rules related to the institute laesio enormis. They were modified to include the sale contracts for all goods, but remained to favorize the position of sellers. Through the Byzantine law the institute laesio enormis became the constituent part of Serbian medieval law by means of a specific compilation under the name “Justinian's Code”. Later on, the provision of this institute were include into Dušan's Code.

РИМСКОПРАВНА ОСНОВА НА СЪВРЕМЕННАТА ЗАЩИТА НА НАСЛЕДСТВЕНОТО ИМУЩЕСТВО

Author(s): Mihail Malchev / Language(s): Bulgarian Issue: 1/2019

The article aims to present a brief analysis of the system of hereditary property protection in Ancient Rome. Historical analysis has a current sound and can be used as a starting point for improving the modern means of providing such pro-tection. A special remedy for inheritance property under Roman law is the claim of inheritance. The Roman tradition and application of this claim is characterized as the basis for its modern meaning and function. In this respect, current and dis-cussion issues related to the need for special protection of the inherited property are discussed.

THE INSTITUTE OF COMPULSORY PORTION AS A LIMITATION ON TESTAMENTARY DISPOSITIONS IN ROMAN AND CONTEMPORARY LAW

Author(s): Novak Krstić / Language(s): English Issue: 1/2019

Compulsory portion (forced share), in the countries of the European continental legal system, is the most effective and direct limitation of the testator’s freedom of testamentary disposition. The imperative nature of legal rules regulating the area of compulsory succession ensures the protection of property rights and interests of the decedent’s close family members from excessive gratuitous dispositions mortis causa and/or inter vivos, by which they have been unjustly evaded from succession. Compulsory heirs are guaranteed the right to request their compulsory portion of the succession estate, irrespective of the decedent’s will. Roman law in the Republican era is the cradle of the compulsory succession. The institute of compulsory portion had passed a centuries-long path of its development to the Justinian law, when effective system of its legal protection was established. In this paper, the stages of development of this institute in Roman law will be analyzed, as well as the role and importance of Roman law for the development of the institute of compulsory portion in the contemporary law. Moreover, the author will analyze current trends of regulation of forced heirship in the Continental European Law (Civil Law), and reforms that have been made by European legislators in recent decades.

НЕПРАВОМЕРНА ДЪРЖАВНА ПОМОЩ ПРИ ПРОДАЖБАТА НА ЗЕМЯ И СГРАДИ ПУБЛИЧНА ИЛИ ЧАСТНА ДЪРЖАВНА/ОБЩИНСКА СОБСТВЕНОСТ

Author(s): Ginka Simeonova / Language(s): Bulgarian Issue: 1/2019

The institute of state aid is essentially a system of rules whereby the European legal system provides a balance between support from Member States in seeking to achieve a well-functioning and stable economy and free and fair competition within the Union. This balance is a challenge for the control authorities, as it must combine the internal market principles with the willingness of individual Member States to finance their own businesses by public funds. This study will examine an interesting question related to a specific type of decisions of the European Commission concerning the granting of unlawful state aid in the sale of land and buildings by public authorities and the problems that the implementation of such a decision (as a type of Public claim) can create for the effective recovery of aid in the state budget.

НИЩОЖНОСТ НА ДОГОВОРНАТА ВЪЗНАГРАДИТЕЛНА ЛИХВА ПОРАДИ НАКЪРНЯВАНЕ НА ДОБРИТЕ НРАВИ

Author(s): Petar Topurov / Language(s): Bulgarian Issue: 1/2019

The article examines the cases in which the contractual interest rate clause in the loan agreement is considered to be void due to a conflict with good morals (boni mores). The courts set out two criteria for verifying the validity of such a clause – its proportion to statutory interest rate and the existence of debt securities. The article criticizes this approach by offering a complex analysis of contractual rela-tions in order to proclaim the void of the contractual interest rate.

Съдебна практика на българските съдилища по граждански и наказателни дела за обида и клевета, водени срещу медии

Author(s): Efrem Efremov / Language(s): Bulgarian Issue: 1/2019

The text relates certain standard-setting judgments of Bulgarian criminal and civil courts in cases brought against the media for insult and defamation. Also, consideration isgiven to the general principles and limitations of the freedom of expression with regard todefamation in the case law of the ECHR.

European Union integration shaped by the Court of Justice

Author(s): Mihai Alexandrescu / Language(s): English Issue: 2/2019

Hardly, a researcher of the European integration process is able to comprehend the whole mechanism of the European Union decision-making. There are many actors involved in this construction and they play such a different role that often it is impossible to match their interests. In a dialectical approach of agent-structure logic the last question is Who shapes the European Union? In the last two decades, the Court of Justice enjoys increasing attention from researchers of the EU integration. Two Professors of Law at American University proposed a new approach of the CJEU impact on the EU integration process.

RADISLAV KRSTIC`S CASE AS AN EXAMPLE OF COMMANDER`S LIABILITY

Author(s): Katarzyna Czeszejko-Sochacka / Language(s): English Issue: 03/2020

The issue of the military order is a very complex one. When giving or executing an order, one should always take into account the necessity to make choices. The decisions taken may in the future imply criminal liability as a consequence of the order that is contrary to legal norms, or executing it. The purpose of the article is to present the problem of giving an order from the perspective of the crimes committed in the former Yugoslavia, with a detailed account of the R. Krstic’s case. The author tried to answer the questions: What is the scope of the commander's liability? Is he liable only for the orders he has given? Does this liability extend to the behavior of his subordinates as well? In the presented article an analysis of selected court cases important from the point of view of the problem of giving an order was carried out. For this purpose, the regulations of International Military Tribunal at Nuremberg were analyzed. Subsequently, an analysis of selected court cases being investigated under the jurisdiction of the International Criminal Tribunal for the Former Yugoslavia. In conclusion are indicated the regulations of International Criminal Tribunal for Rwanda and the regulations of the Rome Statute of the International Criminal Court.

POLITIKA SANKCIONISANJA POČINITELJA ORGANIZOVANOG KRIMINALITETA U I VAN ZLOČINAČKOG KOLEKTIVITETA U PRAKSI SUDA BOSNE I HERCEGOVINE ZA PERIOD 2009 - 2015. GODINE

Author(s): Azra Jamaković / Language(s): Bosnian Issue: 2/2019

Organized crime sanctioning and sanctioning crime committed out of criminal collectivity is a main inspiration for this paperwork. Additionally inspiration came from efforts of the Bosnia and Herzegovina Criminal Court sanctioning policy understanding and describe the current state. On the main question of the paper is to describe current state in organized crime sanctioning. Another aim is to provide value judgment in main question of paperwork which is: how much differences in two analyzed groups influence in sanctioning of perpetrators. This paperwork contains document analysis as a basic data collection method and the main source are Department II BiH Criminal court judgments. The only limiting factor is data incompatibility in all judgments. The paper describes the sanctioning of organized crime perpetrators and perpetrators sanctioned because of crimes out of criminal collectivity, and points out that the sanctioning policy matches to the Criminal Law norms and that sanctioning differences exists. Sanctioning organized crime perpetrators is adequate, but deeper mitigating circumstance research appreciated by Court should be analyzed additionally.The paper detects and describes sanctioning trend that wasn't the case in many previous similar research projects. Also, besides Criminal Court sanctioning policy and Criminal Law norms.

Transitions Online_Around the Bloc-29 January

Author(s): Ioana Caloianu / Language(s): English Issue: 02/04/2020

TOL’s regional news roundup: Ukraine at odds with Romania; justice for Russianjournalist; France and the Eastern Partnership; flying pets and Aeroflot; andAbkhazia’s archives.

Конверсия на официален документ

Author(s): Ekaterina Mateeva / Language(s): Bulgarian Issue: 8/2018

The focus of the following article is put upon several issues that need to be addressed concerning the conversion of a licit public document into a private one in accordance with the provision of Art. 188 of the Bulgarian Code of Civil Procedure. The adopted approach is that the conversion of a public document (i.e. formal conversion) consistsof binding the probative force of a private document to a public document, issued by a non-competent authority or lacking the necessary form. However, this effect can only be observed whenever the private document contains the signature of the parties to the transaction. Moreover, the necessary elements of the formal conversion are put to a scrutinous critical examination. Several issues concerning the formal conversion’s field ofapplication have been addressed as well.

On certain legal provisions from the point of view of the division between public and private law

Author(s): Mihaela Fodor / Language(s): English Issue: XVII/2019

Romanian law maintains the distinction between the branch of public law and the branch of private law. This article addresses this distinction between the two and analyzes, through this distinction, certain recent provisions of the Civil Code, the Civil Procedure Code and laws that have to do with the domain of contentious administrative law. The definition of the public legal person shall be analyzed, along with the procedural norms that refer to this category of persons. We will present observations that have to do with establishing distinct competences for the solving of litigation stemming from the same legal document: the administrative contract, respectively the competence of courts specializing in contentious administrative cases when it comes to litigation concerning the conclusion or nullity of said contract, and the competence of civil courts of law when it comes to litigation concerning the execution of said contract.

Здравно-информационен юридически справочник 01.07.2024-31.07.2024 г.

Author(s): Lilia Monova-Asenova,Veska Gergova / Language(s): Bulgarian Issue: 4/2024

Place of Commercial Cases in the Agreement Between Ukraine and the Republic of Poland on Legal Assistance and Legal Relations in Civil and Criminal Сases of 24 May, 1993

Author(s): Maksym O. Shcherbyuk / Language(s): English Issue: 25/2024

The relevance of the article is determined by dedicating the study to the place of сommercial сases among the categories of сases defined in Art. 1 of the Agreement between Ukraine and the Republic of Poland on legal assistance and legal relations in civil and criminal cases of May 24, 1993. The purpose of the work is to consider the possibility of applying contractual provisions to сommercial cases, given the fact that the latter are not defined as a type of "civil cases" as well as, for example, family or work сases. Certain aspects of Polish and Ukrainian legislation in the context of understanding and correlation of civil and economic cases are highlighted. The obtained results became possible thanks to the use of methods of scientific knowledge taking into account the peculiarities of their use in legal science. The preparation of the article became possible, and the conclusions were substantiated by using general scientific and legal methods: analysis and synthesis, deduction and induction; empirical and other methods. At the same time, it is difficult to find out exactly what goals the representatives of the authorities of Poland and Ukraine pursued in the context of not including economic сases in the 1993 Agreement. However, according to the preamble, the main purpose of concluding this agreement was to maintain friendly relations between the two states and deepen cooperation in the legal field, including in civil cases. Among Polish and Ukrainian representatives of the scientific community, there is no unanimous opinion regarding the place of economic affairs in the Agreement of 1993. In the Polish doctrine, one can find the opinion that the evaluation of statements in international treaties additionally requires taking into account their effectiveness, that is, interpreting the text so that it has a certain meaning and was useful In our opinion, taking into account the preamble and Art. 1.4 of the Agreement of 1993, which extends the provisions of the treaty to legal entities formed in accordance with the legislation of each participating state, the exclusion of economic affairs from the field of international regulation would be ineffective and too unfavorable for business entities from both countries. The obtained results, in addition to the above, also consist not only in the analysis of international treaties of Poland and Ukraine with other states, which have a similar subject of regulation to the Agreement of 1993 and the place of economic affairs in them, but also in the analysis of judicial practice of the application of this type of treaties.