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Classes of heirs and the intestate succession rights of the surviving spouse in the European civil law tradition
?chiopu, S.-D.,Nicolae, I.
Bulletin of the Transilvania University of Bra?ov. Series VII : Social Sciences and Law , 2011,
Abstract: The Roman law heritage is present even today in all legislations which are part of the European civil law system. Since one of the most stable parts of all civil codes is the one concerning the intestate inheritances, in the light of the inheritance rights of the surviving spouse and the classes of heirs, this article attempts to highlight the perpetuation of some characteristics of the intestate succession since the late Roman law till the modern era in France and Germany, without overlooking some aspects of our old legal systems. Our analysis will confirm that some of the principles laid down in Justinian’s legislation survived till nowadays.
THE CONCEPT OF “TESTATE SUCCESSION” IN THE ROMANIAN AND GEORGIAN LEGAL SYSTEMS (TERMINOLOGICAL SIMILARITIES AND DIFFERENCES)
IRINA GVELESIANI
Challenges of the Knowledge Society , 2013,
Abstract: The death of an individual never causes an automatic termination of his (her) rights and obligations. They are transferred to his (her) descendants. The permanent connection of generations has inspired the world civilizations to create rules of succession for establishing people’s obedience to them. In the old times, the transmission of property of the Romanian people was governed by the legislation, which had been created under the influence of the Roman law. According to the conception of this legislation, a deceased person’s property had to stay with his blood relatives i.e. within the same family. On the background of these circumstances, a surviving spouse suffered disadvantages. A widow’s rights were limited in accordance with the old Georgian legislation too – the hereditary property was mainly divided between the male issue, while females owned only wedding gifts (dowry). However, the area of family law has suffered crucial changes throughout the centuries. Nowadays, during the times of globalization, these changes are directed towards the internationalization of legal systems of the world. Juridical differences are becoming irrelevant and females’ rights are equalized with the males’ ones. The given paper is dedicated to the precise study of the Romanian and Georgian “testate successions”. It singles out major terminological units and discusses women’s rights vis-à-vis men’s ones.
The Terminology of The Former Romanian Inheritance Law
Adriana SFERLE
Studii de Stiinta si Cultura , 2012,
Abstract: Our paper is a study of Romanian legal terminology, in particular with respect toinheritance law, before the Civil Code was adopted, in 1869. Through an analysis of documentsand legal texts dealing with inheritance issues, dating back to before the 18th century, it has beenpossible to observe that religious and popular terminology was used to designate legal concepts.Some of the terms were local, thers were borrowed from Slavic languages. It was only in the 18thcentury that proper legal terminology was introduced in Romanian, mostly of Byzantine-Greekorigin; this can be explained by the socio-historical context of the time.
ARE THE DECISIONS OF THE INTERNATIONAL BODIES IN ALTERNATIVE DISPUTE RESOLUTION (ADR) BASED ON THE UNIFORM DISPUTE RESOLUTION POLICY (UDRP) FOR DOMAIN NAMES SUBJECT OF THE COURT APPLICATION PROVIDED BY ARTICLE 364 ROMANIAN CIVIL PROCEDURE CODE?
Beatrice ONICA JARKA
Lex et Scientia , 2009,
Abstract: * This paper has been prepared within the research project Standardization of Judicial Practice and Harmonization With the ECHR Jurisprudence, a Mandatory Condition to Enforce Justice. Legislative Proposal to Grant Aconsistent Judicial Practice” (ID-1094) financed by the Romanian Minister of Education, Research, Youth and Sports.The alternative dispute resolution (ADR) for domain name disputes based on Uniform Dispute Resolution Policy (UDRP) adopted by ICANN in 1999 provides for administrative proceedings. The decisions awarded in these proceedings shall be implemented directly by the domain names Registrars. The implementation is, according to paragraph 4 (k) of the UDRP subject to stay if a Court proceeding in a competent jurisdiction is initiated in a 10 business days term from the date the domain name Registrar is informed about the Administrative Panel decision. The nature of the Court proceedings available under the local jurisdiction is not clear under UDRP, ICANN Rules for UDRP or the procedural rules adopted by the different UDRP procedure providers. This body of rules does not specify if the local proceedings subject the Administrative Panel decision to direct review or only provides for a procedural mean to stop the enforcement of such decision by obtaining a contrary Court decision. This amounts to a degree of uncertainty for the proceedings under the local law especially in countries where there is no legislation in connection to domain name, as it is Romania. The possibility to subject an Administrative Panel decision in an UDRP proceeding to the application to cancel an arbitration award provided by article 364 from the Romanian Civil Procedure Code is a tempting one. On the other side, the application provided by article 364 from the Romanian Civil Procedure Code may be founded only on limited legal grounds, some expressly provided by the said article being incompatible with the alternative dispute resolution (ADR) for domain name disputes based on Uniform Dispute Resolution Policy adopted by ICANN in 1999 and is limited only to arbitration award.
Which Spouse First Decides in the Household? The Dynamics of Bargaining  [PDF]
Joaquín Andaluz Funcia, Miriam Marcén, José Alberto Molina Chueca
Theoretical Economics Letters (TEL) , 2013, DOI: 10.4236/tel.2013.31011
Abstract:

This paper examines the effects of which spouse first decides in the intrahousehold decision on the time that each spouse devotes to the provision of a family good. Specifically, we adopt a dynamic approach by developing a supergame, with the status quo being sequential, to study the influence of the discount factor, which measures the importance of the future, on the set of sustainable agreements in intrahousehold bargaining. We first show that cooperation is easily sustained. We then observe a positive relationship between the discount factor and the proportion of time that the follower devotes to housework, when focusing on sustainable agreements, with this finding being maintained even if the follower has higher wages than the spouse leader.

Inheritance of Hermaphrodite (Khuntha) under the Muslim Law: An Overview  [PDF]
Mohi Uddin
Beijing Law Review (BLR) , 2017, DOI: 10.4236/blr.2017.82013
Abstract: Like other creation of almighty Allah, the hermaphrodite should also be treated as human being and if we treated them as human they must have some rights, liabilities etc. This research shall try to explain and show one of their basic rights that mean the rights of inheritance. Quran does not speak about their rights of inheritance. So Jurists derive some rules about their right of inheritance with the help of Hadith and Qiyas. As there is a gap between religion and society, our society does not protect them and does not give their rights. So it is needed to protect them and make them strong financially they can also get their rights, respect, honor and care from society. This article shall also try to give an overview on the inheritance of hermaphrodite under the spirit of Quran with the help of Hadith, Qiyas and different opinions of the Imam and jurists. Finally, in this research, the researcher shall try to make sure a framework for the deprive hermaphrodite in Muslim countries in compliance with the mentioned provisions of Holy Quran, Hadith, Ijma, Qiyas, and also opinion of different eminent jurists of the Muslim World.
Impact of Spouse's Opiate Dependence on the Partner's
Roya Noori,Hassan Rafiey,Laila Solaimani-nia,Hooman Narenjiha
Journal of Family and Reproductive Health , 2008,
Abstract: Objective: We aimed to evaluate the influence of drug dependency on sexual function of wives of opium addicts."nMaterials and methods: In a cross-sectional study, 150 wives of opiate dependent men were assessed for the impact of drug addiction. Sociodemographic factors like age, educational level, job, marital duration and having child were evaluated. Sexual function was measured using relationship and sexuality scale (RSS). "nResults: Approximately 73% of the participitants were sexually active with having at least one intercourse in the last 2 weeks, and approximately half of the participitants had unsatisfied intercourse. About ninety percent reported negative effect of the addiction on their sexual life. After the spouse addiction, sexual desire, ability to reach orgasm and frequency of sexual intercourse were decreased in 73%, 64% and 67.3%, respectively. "nConclusion: The wives of opiate addicts believe that their sexual function has been impaired by the addiction of their husbands.
Legal and compulsory inheritance in Vojvodina between two world wars  [PDF]
Vidi? Jelena
Zbornik Matice Srpske za Drustvene Nauke , 2008, DOI: 10.2298/zmsdn0825079v
Abstract: The paper analyzes dispositive and imperative (compulsory) legal inheritance in the private law in Vojvodina between the two world wars putting a focus on its basic characteristics which had made it quite different from other provincial laws valid at the time. These characteristics were demonstrated in the foundation of legal inheritance in the parental linear system of grouping relatives. Within this system there were limitless possibilities for the testator's relatives to appeal to inheritance, as well as the equality of sexes in inheritance. As for the inheritance of acquired goods it was based on the equality of the male and female lines or a particular hereditary position of the spouse and finally on different arrangements of inheritance depending on whether the issue was inherited goods or acquired goods, which was the most prominent particularity of the Vojvodinian law at the time. Besides, the paper singles out differences which can be seen in connection with legal and imperative inheritance which existed in the private law of Vojvodina between the two world wars in comparison with legal and imperative inheritance which existed in the positive hereditary law of Serbia. The conclusion is that, besides the listed characteristics, some solutions, legal institutions and general cha-racteristics of Vojvodinian law still exist to a certain extent in the current legal heredi-tary system of Serbia.
Education, Male Child and Childlessness as Predictors of Spouse Abuse Among Rural and Urban Igbo-Nigerian Women  [cached]
Nkwam C. Uwaoma,Agnes Osita-Njoku,Ann U. Madukwe
Canadian Social Science , 2012, DOI: 10.3968/2316
Abstract: This research work investigated education, male child and childlessness as predictors of spouse abuse among Ibowomen living in the rural and urban areas in Nigeria. The purposive sampling was used to select 331 married women, with age range of 22-66, and all living in Imo state. The spouse rape inventory (Sri) developed by Uwaoma, Udeagha and Madukwe, (2011) was used to collect data. The multiple regression analysis of the SPSS II version 15 was used to analyze data. The researchers found education and residential area as significant predictors while male child and childlessness were not significant predictors of spouse abuse. The discussion highlighted the role of education in equipping women with the knowledge of their sexual rights and skills on how to cope with marriage based problems especially when they live in the rural areas. Key words: Education; Abuse; Spouse Abuse; Male Child; Childlessness Résumé Ce travail de recherche a étudié l’éducation, les enfants de sexe masculin et l’infécondité comme des prédicteurs de violence conjugale chez les Ibo-femmes vivant dans les zones rurales et urbaines au Nigeria. L’échantillonnage raisonné a été utilisé pour sélectionner 331 femmes mariées, avec la gamme d’age des 22-66, et tous vivent dans l’état d’Imo. L’inventaire viol conjoint (Sri) développé par Uwaoma, Udeagha et Madukwe, (2011) a été utilisé pour recueillir des données. L’analyse de régression multiple de la version SPSS II 15 a été utilisé pour analyser les données. Les chercheurs ont constaté domaine de l’éducation et résidentiel des prédicteurs significatifs tout enfant de sexe masculin et l’infécondité sont pas des prédicteurs significatifs de violence conjugale. La discussion a souligné le r le de l’éducation à équiper les femmes de la connaissance de leurs droits sexuels et des compétences sur la fa on de faire face à des problèmes de mariage à base surtout quand ils vivent dans les zones rurales. Mots clés: Education; Violence; Violence conjugale; Enfant de sexe male; Infécondité
Determinants of the remitting behaviour of Romanian emigrants in an economic crisis context  [PDF]
Zizi GOSCHIN,Monica ROMAN
Eastern Journal of European Studies , 2012,
Abstract: The remittances of international migrants are particularly important for Romania as one of the top European emigration countries and an important remittance recipient country as well. Responding to the need to better understand the determinants of remittances, our paper examines the significance of selected economic, social and demographic factors that impact on the remittance behaviour of Romanian international migrants, as characterized by the propensity to remit and the amount remitted. The present work builds on a new database of 1514 Romanian migrants from 52 destination countries, resulting from our 2010 online survey. One of the main findings is the fact that the remittances are strongly affected by migrant’s income, return intention and presence of the spouse in the destination country.
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