Suchergebnisse

Tradicionalmente han sido tres los modelos de transmisión de la propiedad de las cosas muebles: el consensual, representado por el Código civil francés; el causal, fiel exponente de la teoría del titulus y el modus, que hunde sus raíces en el Derecho romano; y, finalmente, el abstracto, cuyo exponente más directo es el Código civil alemán (BGB). Este estudio trata de conocer las raíces históricas de estos modelos, su desarrollo posterior, así como la penetración del Derecho romano en el Derecho actual, tanto en el ámbito europeo, como latinoamericano, aportando con ello una prueba más que evidente a través de la institución jurídica aquí abordada que la influencia del derecho histórico en el derecho vigente resulta incuestionable, al margen de las modificaciones legislativas que traten de actualizar los sistemas jurídicos. ; Traditionally there have been three models of transmission of personal property: the consensual, represented by the French Civil Code; the causal one, faithful exponent of the theory of the titulus and the modus, that sinks its roots in the Roman Right; and finally the abstract, whose most direct exponent is the German Civil Code (BGB). His study tries to know the historical roots of these models, their subsequent development, as well as the penetration of Roman law in current law, both in Europe and Latin America, thereby providing more than evident proof through the legal institution discussed here that the influence of historical law in current law is unquestionable, regardless of the legislative changes that seek to update legal systems.

Zhengzong Huang,1,* Baoxin Chen,2,* Zehua Feng3 1Law School, Hainan University, Haikou, People's Republic of China; 2Faculty of Humanities and Social Sciences, Macao Polytechnic University, Macao, People's Republic of China; 3School of Law, Guangdong University of Finance & Economics, Guangzhou, People's Republic of China*These authors contributed equally to this workCorrespondence: Zehua Feng, School of Law, Guangdong University of Finance & Economics, 21 Luntou Road, Haizhu District, Guangzhou City, Guangdong Province, People's Republic of China, Email Ze-hua.Feng@outlook.comAbstract: Women with intellectual disabilities (WIDs) are entitled to the rights to marriage and reproduction under Chinese law. However, Chinese marriage and reproduction regimes have imposed restrictions on their right to marry that limit the exercise of their reproductive rights. Marrying WIDs has become a popular choice for men in rural areas. Although in China's Civil Code, the legislature has repealed the prior requirement of a medical examination for marriage registration, the exercise of rights to marriage and reproduction by WIDs is still restricted. China has not fully implemented equal rights for persons with disabilities under the United Nations Convention on the Rights of Persons with Disabilities. China needs to set legal procedural requirements for the exercise of these rights for different types of WIDs, systematically constructing them at three levels: legal basis, legislative implementation, and institutional support.Keywords: people with intellectual disabilities, marriage, reproductive rights, marriage and family law, Chinese law

The article considers boarding on the interaction between the State of Law and the market pursuant the juridical and economic analysis as an instrumental to investigate the social phenomenology, in special, referring to the reflections produced by the public agent´s action that operating the Law at the economic agent´s action in the market, detaching the effectiveness of the normative and disciplinary State´s roll. It denotes the in management of the State on the market, frequently causing ominous externalities for the fluidity of the production relations. The other hand, it points to the mistake of the minimal State in the existence of a weakened civil society in its civil and economic power, in this way, it presents a possible critic to the economic think on the juridical praxis. For in such a way, detaching the theoretical premises of defending thinkers of the juridical and economic vision as Karl Marx, Rudolph Stammler and the defenders of the economic-juridical rationality adequate to the Law and Economics (LaE) as Guido Calabresi, Ronald H. Coase and Richard A. Posner. It objectives to present delineations regarding the symbiosis between the State and the Market pointing in this way the politician-economic-juridical way of the currently occidental society. It uses the economic-legal methodology of the Economic Analysis of Law (EAL) and intends to clarify the generated economic-social effect pursuant the implement of the action in the social market and besides by the defended Social Economic Efficiency Principle (SEEP). The inquiry implies in a qualitative research, serving of the bibliographical way and legislation. The used method of boarding is the deductive and, referring to the finalities, it is an exploratory and explicative analysis. It concludes for the necessity of the State´s action on the market, with its power to discipline and normative reaching what is proposed as Legal Ethical Minimum (LEM); pursuant a responsible and ethical culture of production and consumerism capable of inclusion and to ...

This article critically addresses the crucial aspects for understanding the rights of nature as a resistance platform for indigenous peoples in Ecuador. By basing my arguments in a post-colonial approach to human rights and the concept of coloniality of power, I argue that the lack of inclusion of indigenous knowledge in human rights is a manifestation of neocolonialism. Thus, the introduction of non-Western narratives into the human rights discourse/practice is an attempt to decolonize what has traditionally been a colonialist discourse. Later on, I develop the concept of 'rights of nature' arguing that they are a practical example of the inclusion of indigenous narratives in human rights. In the end, the biggest problem is that the dominant Western thought does not challenge the human-nature relationships that are responsible for nature's degradation. In this regard, I use ethnographic material, post-colonial anthropological theory, and symbolic ecology to argue that Amazonian indigenous nature ontologies —which understand the nature/culture relationship in a very different way— are contained in the rights of nature that the Ecuadorian Constitution enshrines. Therefore, becoming a legal tool with a significant potential for indigenous people's historical justice.Received: 01 September 2019Accepted: 05 December 2019Published online: 20 December 2019

This thesis assists in identifying the transformations experienced by ownership in the Americas, hence showing that current understandings are not uncontested dogmas. It offers a journey across time and space, and addresses three American civil law jurisdictions in three successive time periods. Attention is devoted to the shifts in ownership paradigms at every step of the journey. Historical events are traced across time and space, assisting readers in the understanding of how the different ownership paradigms were shaped and how shifts in paradigms occurred. Looking at law in different times and jurisdictions serves as a tool to understanding legal changes, better explaining differences and similarities.

AbstractThe following article focuses on the Islamic Emirate of Afghanistan Rules for the Mujahideen** to determine their conformity with the Islamic jus in bello. This code of conduct, or Layha, for Taliban fighters highlights limiting suicide attacks, avoiding civilian casualties, and winning the battle for the hearts and minds of the local civilian population. However, it has altered rules or created new ones for punishing captives that have not previously been used in Islamic military and legal history. Other rules disregard the principle of distinction between combatants and civilians and even allow perfidy, which is strictly prohibited in both Islamic law and international humanitarian law. The author argues that many of the Taliban rules have only a limited basis in, or are wrongly attributed to, Islamic law.

Bill introduced by the Texas Senate relating to the continuation and functions of the Texas Board of Criminal Justice, the Texas Department of Criminal Justice, and the Windham School District and to the functions of the Board of Pardons and Paroles and the Correctional Managed Health Care Committee.

"Law and the Islamization of Morocco under the Almoravids. The Fatwās of Ibn Rushd al-Jadd to the Far Maghrib" investigates the development of legal institutions in the Far Maghrib during its unification with al-Andalus under the Almoravids (434-530/1042-1147)

La finalidad del presente artículo es efectuar un análisis del estado actual de la normativa destinada al fomento y a la regulación del turismo rural en la República Argentina, determinando, desde la perspectiva del Derecho, aquellos aspectos que la caracterizan. ; The aim of this paper is to achieve a study of the current state of legislation in promotion and regulation of rural tourism in the Argentine Republic, determining, from a juridical perspective, those aspects that characterize it.

The aim of this paper is to achieve a study of the current state of legislation in promotion and regulation of rural tourism in the Argentine Republic, determining, from a juridical perspective, those aspects that characterize it. ; La finalidad del presente artículo es efectuar un análisis del estado actual de la normativa destinada al fomento y a la regulación del turismo rural en la República Argentina, determinando, desde la perspectiva del Derecho, aquellos aspectos que la caracterizan.