Before that they always preferred to remain scholarly and juristic.
|
|
In the Ayodhya case, the disputed site is also considered a juristic person.
|
|
Under Indian law, a deity is considered a "juristic person" - a legal entity that can own property and sue.
|
|
That's why "there is no set, universally agreed-upon juristic position on the status of pre-slaughter stunning," they told MUNCHIES in an email.
|
|
You might be familiar with this policy, which basically says: If it can be avoided, the DOJ and FBI should not do something publicly, such as bringing indictment or taking some overt investigative steps, if it may have a juristic impact on the outcome.
|
|
It is, > therefore, expressly prohibited from discriminating unfairly. As for private juristic persons, the size or activities of the juristic person are not necessarily decisive. Of greater significance, in the view of Currie and De Waal, is "the relationship between the activities of the juristic person and the fundamental rights of the natural persons who stand behind the juristic person."Currie and De Waal Handbook 37.
|
|
For example, it will seldom be necessary for juristic persons to invoke section 8(4), which sometimes extends the protection of the right to the juristic person itself. Laws, and many forms of state and private conduct, inevitably impact on the activities of both natural and juristic persons. Provided that a juristic person has a sufficient interest of its own,s 38 (a). or, if it is an association, a sufficient interest of its members, it may challenge such laws or conduct on the basis of fundamental rights that do not necessarily benefit the juristic person.
|
|
Section 65A(1) provides that, where a judgment debtor is a juristic person, either a director or an officer of the juristic person may be called upon as a representative of the juristic person, in his personal capacity, to appear before the court to show cause why he should not be ordered to pay the judgment debt in instalments. Wherever the legislation alludes to a “judgment debtor,” it refers also to the director or officer of the juristic person. For all practical purposes, the juristic person is placed in the same position with regard to section 65 proceedings as a debtor who is a natural person. The court may, at the request of the debtor, at any stage of the proceedings, if the director or officer ceases to be a director or officer of the juristic person, or absconds, replace the director or officer with any other person who at the time of the replacement is a director or officer of the juristic person; the proceedings then continue as if there has been no replacement.
|
|
Hosten refers to agency and representation interchangeably. The latter, however, refers to instances of purely juristic representation: Representation entails one person's performing a juristic act on behalf of another.Totalisator Agency Board OFS v Livanos.Wanda (De Wet) "Agency" LAWSA 2 ed vol 1 § 176.
|
|
For example, > freedom of speech, to be given proper effect, must be afforded to the media, > which are often owned or controlled by juristic persons. While it is true > that some rights are not appropriate to enjoyment by juristic persons, the > text of s 8(4) specifically recognises this. The text also recognises that > the nature of a juristic person may be taken into account by a court in > determining whether a particular right is available to such person or > not.Para 57.
|
|
Exclusion of > juristic persons would lead to the possibility of grave violations of > privacy in our society, with serious implications for the conduct of > affairs. The state might, for instance, have free licence to search and > seize material from any non-profit organisation or corporate entity at will. > This would obviously lead to grave disruptions and would undermine the very > fabric of our democratic state. Juristic persons therefore do enjoy the > right to privacy, although not to the same extent as natural persons.Para > 18. It is the second of section 8(4)'s criteria (the nature of the juristic person) that may place greater restrictions on the availability of human rights to juristic persons.
|
|
He is said to have made "a significant contribution to our understanding of the juristic activity in early Islam".
|
|
This understanding of the right flows [...] from > the value placed on human dignity by the Constitution. Juristic persons are > not the bearers of human dignity. Their privacy rights, therefore, can never > be as intense as those of human beings. However, this does not mean that > juristic persons are not protected by the right to privacy.
|
|
The Bill of Rights binds private persons in certain circumstances. According to section 8(2), a provision of the Bill of Rights applies to the conduct of a private person or a juristic person only to the extent that the provision is applicable, taking into account the nature of the right and the nature of any duty imposed by the right. It binds a private or juristic person, in other words, if it is applicable to a private or juristic person. This, it has been noted, is almost tautological.
|
|
At its headquarters, the annual exams of Juristic Interpreters take place, by the Office of jurors, the Ministry of Foreign Affairs.
|
|
Moreover, his other alterations do not seem problematic. It was this received "edictal order of topics" that was already widely used in juristic works of the Principate, during the classical period of Roman Law.Fritz Schulz, History of Roman Legal Science (Oxford University 1946, 1967): Edicta, Edictum perpetuum at 126–127, 152 (quote); classical juristic works at 189–190.
|
|
Kinkel took his first juristic state exam at Tübingen, the second in Stuttgart and earned a doctorate of law in 1964 in Cologne.
|
|
Under the Civil Act, a natural or a juristic person has a party standing. An association and a foundation other than a juristic person can have standing as a party if additional requirements are met.KCPA Article 52 They are (1) there is a decision making body, (2) representing organ that acts thereby creating and exercising and fulfilling the rights and duties of the organization, (3) assets separate from the assets of its members.
|
|
For example, when a special tax on companies is challenged, a person challenging the tax will have to do so on the basis of a right that benefits juristic persons.
|
|
V.) gives the advantage of legally functioning as a corporate body (juristic person), rather than a simple group of individuals. It can by used by any secular or religious group.
|
|
He rejected practices common among more orthodox schools such as juristic discretion.Bilal Orfali, "In the Shadow of Arabic: The Centrality of Language to Arab Culture." Pg. 34. Brill Publishers, 2011. Print.
|
|
He cemented his position as a mufti of international standing with his final book As'illa Wa Agwiba Sharia Hawl Al Qadiyah Al Filistaniyah (Juristic Questions and Answers Regarding the Palestinian Cause).
|
|
For example, a law which prohibits the sale of wine on Sunday may be challenged by a company on the basis of the right to freedom of religion, provided that the company has a sufficient interest in the outcome of the litigation. It is not necessary in such a case for the company to show that the right to freedom of religion benefits juristic persons. It is only when a law or conduct impacts solely on the activities of juristic persons that it will not be possible to follow this course of action. Then there can be no objective inconsistency between the Bill of Rights and the law or conduct, unless section 8(4) extends protection of the relevant right to juristic persons.
|
|
The principal may expressly appoint authority on the agent to perform juristic acts on the principal's behalf. The appointment is a unilateral juristic act whereby authority is declared in clear, direct, and definite terms. It indicates to third parties the principal's intention to be bound by the agent's acts performed within the scope of the authority appointed.Wanda (De Wet) "Agency" LAWSA 2 ed vol 1 § 189; Kahn Contract and Mercantile Law I 850; Kerr Agency 52.
|
|
GSB is now a juristic person and state enterprise operating as a financial institution guaranteed by the government under the supervision of the Ministry of Finance. GSB operates 1,141 branches throughout the country.
|
|
Abou Al Fadl, K. (1994). Islamic law and Muslim minorities: the juristic discourse on Muslim minorities from the second/eight to the eleventh/seventeenth centuries. Islamic Law and Society, 1.Goosenes, A. (1997).
|
|
It greatly differed however in its use of commentaries (scholia), which were pieces of juristic works from the sixth and seventh centuries as well as the twelfth and thirteenth centuries. Previously, Justinian I had outlawed commentary on his set of laws, making the scholia on the Basilika unique. The actual format of the books themselves vary greatly. Some are represented in one manuscript, which may or may not contain scholia or full parts of other juristic works which have been mentioned.
|
|
The Digesta or Pandectae, completed in 533, is a collection of juristic writings, mostly dating back to the second and third centuries. Fragments were taken out of various legal treatises and opinions and inserted in the Digest. In their original context, the statements of the law contained in these fragments were just private opinions of legal scholars – although some juristic writings had been privileged by Theodosius II's Law of Citations in 426. The Digest, however, was given full force of law.
|
|
However, this concept of juristic evolution did not leave much space for notions such as legal transplants and the diffusion of law. More recently, Pierre Legrand is one of the strongest opponents of legal transplants.
|
|
Al-Shafi'i viewed the practice of juristic preference as a heretical usurping God's sole right as the legislator of Islamic law.Al- Shafi'i, Kitab al-Umm, vol. 7, pg. 309-320. Cairo Dar al-fikr, 1990.
|
|
Artificial personality, juridical personality, or juristic personality is the characteristic of a non-living entity regarded by law to have the status of personhood. A juridical or artificial person (; also juristic person) has a legal name and has certain rights, protections, privileges, responsibilities, and liabilities in law, similar to those of a natural person. The concept of a juridical person is a fundamental legal fiction. It is pertinent to the philosophy of law, as it is essential to laws affecting a corporation (corporations law).
|
|
Yale University. 8 February 2011 He died in 483/1090 or in 490/1096, according to different sources.Kassim, Husain. Sarakhsi- Hugo Grotius of the Muslims: The Doctrine of Juristic Preference and the Concepts of Treaties and Mutal Relations.
|
|
Baxi earned a LL.B. from Rajkot (Gujarat) University, holds LL.M. degrees from the University of Bombay and the University of California, Berkeley. Additionally, he holds a degree of Doctorate of Juristic Sciences (S.J.D.), also from the University of California, Berkeley.
|
|
The students learn the Quran and its exegesis; Hadith and its commentary; and juristic rulings with textual and rational proofs. They also study the biography of Muhammad, Arabic grammar, Arabic language and literature, and Persian language." Qawaide Dakhilah." Darululoom-deoband.com.
|
|
The prohibition on abuse of rights was also invoked by courts in cases even where there is no contractual relationship. The Civil Code's General Part also defines legal capacity (権利能力; German: Rechtsfähigkeit), which is the capacity to obtain rights, assume duties, and incur liabilities via juristic acts (法律行為). Juristic acts are all expressions of will with specific legal consequences, including contracts, wills, gifts and incorporation. All living natural persons (and in some case, fetuses) have such private rights, which enable them to inherit property and claim damages in tort cases.
|
|
Sunni Islam is sometimes referred to as "orthodox Islam". The Quran, together with hadith (especially those collected in Kutub al- Sittah) and binding juristic consensus form the basis of all traditional jurisprudence within Sunni Islam. Sharia rulings are derived from these basic sources, in conjunction with analogical reasoning, consideration of public welfare and juristic discretion, using the principles of jurisprudence developed by the traditional legal schools. Although many African Americans' ancestors were Muslims prior to being kidnapped to America, the period of brutal enslavement had done much to rob the cultural and religious identity of many.
|
|
The Edict we have now has been reconstructed from various sources, mainly from juristic commentaries on it, such as that of Furius Anthianus. Because of its great importance, the Praetor's Edict, or portions of it, often became the subject of detailed examination and study, in the course of which the specific content of the Edict would be described or quotations would be made directly from it. Of course, much of the literature of the ancient world has been lost, the works of Roman jurists included. Those juristic works that do survive usually come from the latter, or classical, period of Roman Law.
|
|
The nature of some of the fundamental rights prevents them from benefiting juristic persons. The rights to life and physical integrity, and to human dignity, for example, cannot sensibly be applied to juristic persons. A company cannot claim protection of its right to life or human dignity, or its right not to be deprived of liberty or tortured, "because these rights protect aspects of human existence that a company does not possess."Currie and De Waal Handbook 36. However, the nature of most of the rights that are likely to be relied on by juristic personsEquality (s 9), privacy (s 14), freedom of expression (s 16), freedom of association (s 18), the right to engage in collective bargaining (s 23(5)), the property right (s 25), the right of access to information (s 32), just administrative action (s 33), access to Court (s 34) and the fair-trial rights (s 35(3).
|
|
The students learn the Quran and its exegesis; Hadith and its commentary; and juristic rulings with textual and rational proofs. They also study the biography of Muhammad and the biography of Ahl al-Bayt and their teachings, Arabic grammar, language and literature, and Farsi (Persian).
|
|
Historically, Shi'ite writers and especially Ismaili Shi'ites have criticized Ibn Dawud for rejecting the usage of analogical reason and juristic preference in religious verdicts while affirming inference. Fatimid historian Qadi al-Nu'man was particularly scathing, accusing Ibn Dawud and his father of contradicting themselves.
|
|
In 1979, Dürrenmatt reworked the material again, this time for stage. In the end, Traps receives two verdicts: a "metaphysical" one of guilt and a "juristic" one of innocence. The judge lets him decide which one he prefers. Traps ends up shooting and hanging himself.
|
|
It serves as a platform where the judicial institution is evaluated, facilitating new types of accountability regarding how justice is administered. For instance, it is claimed that media reporting has led to juristic activism that favor a populist expansion of fundamental rights and natural justice.
|
|
The property rights of natural persons can only be fully and > properly realised if such rights are afforded to companies as well as to > natural persons.Para 45. What section 8(4) envisages is that there should be a link between protecting the activity of the juristic person and protecting the fundamental rights of the natural persons that lie behind it. Much of the debate about the meaning of the guidelines contained in section 8(4)—that is, "the nature of the right" and "the nature of the juristic person"—is made "irrelevant," write Currie and De Waal, by the courts' approach to standing in constitutional litigation.
|
|
The sociology of law is usually distinguished from sociological jurisprudence. As a form of jurisprudence, the latter is not primarily concerned with contributing directly to social science and instead engages directly with juristic debates involving legal practice and legal theory. Sociological jurisprudence focuses juristic attention on variation in legal institutions and practices and on the social sources and effects of legal ideas. It draws intellectual resources from social theory and relies explicitly on social science research in understanding evolving forms of regulation and the cultural significance of lawFor full discussion see Cotterrell 2018 In its pioneer form it was developed in the United States by Louis Brandeis and Roscoe Pound.
|
|
It further states that the provisions of the Bill also bind private parties to the extent that they are applicable, given the nature of the rights in question, and requires the courts to develop the common law to this effect. Finally, section eight extends the benefits of the Bill of Rights to juristic persons, taking into account the nature of the rights and the juristic persons in question. Thus, for example, the right to human dignity and the right to health care clearly only apply to actual human beings, while the right to freedom of expression and the right to property apply also to corporations.
|
|
The European Patent Convention (EPC), the multilateral treaty providing the legal system according to which European patents are granted, contains provisions regarding whether a natural or juristic person (i.e., a party to the proceedings) needs to be represented in proceedings before the European Patent Office (EPO).
|
|
Ibn Dawud was an opponent of using analogical reason and juristic preference in Muslim jurisprudence.Qadi al-Nu'man, Differences Among the Schools of Law, pg. 161. At the same time, Ibn Dawud still upheld the validity of using inference in order to deduce religious verdicts.Nu'man, pg. 193.
|
|
In the United Kingdom, a corporation is considered a juristic person and can be capable of committing, being convicted of and sentenced for, a criminal offence.Interpretation Act 1978, s. 5 However, some conceptual difficulty lies in fixing a corporation with the appropriate mens rea.Herring (2004) p.
|
|
The plaintiff argued the following points: # The state is a juristic person # The acts of the state can only be carried out through its agents # The state cannot be immune from laws internal to Ireland, and is not above the law # The state is subject to the constitution # The injuries suffered by the plaintiff resulted from the negligence of agents of the state. The judge specified that where Ireland is mentioned in the constitution, it is also used interchangeably with the state, and referred to the national territory, but not the people of Ireland. The judge laid out that while Ireland has the characteristic of juristic personality (based on judgments in Comyn v Attorney General, and Commissioners of Public Works v. Kavanagh) because it holds property, it does not mean that it is "a juristic person capable of acting in every regard, and in all respects, as if were a company or a corporation; or that it is capable of being sued in the Courts" (Murnaghan, J, 1972:250).
|
|
Carl Schmitt began using the term in his 1934 publication On the Three Types of Juristic Thought to denote the "concrete order" of a people. He later extended its use into his 1950 book The Nomos of the Earth in the International Law of the Jus Publicum Europaeum.
|
|
A close corporation is a juristic person distinct from its members. It enjoys perpetual succession, and its members have limited liability. It has the capacity and the powers of a natural person, and is encumbered by a minimal number of formalities. It may be formed by a single person.
|
|
Mistake may take two following forms: # Error in persona (mistake as to the person with whom consensus has been reached); and # Error in negotio (mistake as to nature of the juristic act). Mistake results in the engagement's being void. There can be no claim for damages by either party.
|
|
Not only did she lead Muslim men in prayer, she recited the two longest chapters in the Quran during that prayer.History of Messengers and Kings, By al-Tabari, 51:80; Ali Masudi, Gardens of Gold, Dar al-Andalus, Beirut, 1965, 3:139 Well-known early jurists — including Al-Tabari (838–932), historian, exegete and founder of a now defunct juristic school; Abu Thawr (764–854), mufti of Iraq; Al-Muzani (791–878); and Ibn Arabi (1165–1240) — considered the practice permissible at least for optional (nafl salat) prayers. Al-Muthani (d. 878), student of Shafii and contributor to the establishment of the Shafii juristic school, allowed women to unconditionally lead men in prayer.
|
|
The Tobacco Authority of Thailand (; ) (TOAT), is a Thai state enterprise and the sole legal entity permitted to produce tobacco products in the country, mostly cigarettes. It was previously known as the Thailand Tobacco Monopoly (TTM), and operated as a non-juristic state enterprise under the Ministry of Finance until 14 May 2018 when it was corporatized as a juristic organization and assumed its new name. In its early days, the TTM had a monopoly over the manufacturing and distribution of tobacco products. The ratification of the ASEAN Free Trade Area agreement in 1992 meant that foreign tobacco companies could now distribute their own cigarettes in Thailand, and foreign companies could share in the Thai market.
|
|
According to historian David Stockton, the exact year of Publius Mucius Scaevola’s death is unknown. Later juristic writers indicate he was still alive in 121 BC, but he must have died some time before 114 BC, when a different chief pontiff presided over the first trial of the Vestal Virgins.
|
|
''''' (Arabic: ) is an Arabic term for juristic discretion. In its literal sense it means "to consider something good". Muslim scholars may use it to express their preference for particular judgements in Islamic law over other possibilities. It is one of the principles of legal thought underlying scholarly interpretation or ijtihad.
|
|
All persons, human and juristic, have rights capacity, ie: the ability to hold a right. Thus, a person is able to own land in their own right. This derives from the classification of the law of persons found in Roman law. The word 'person' is usually taken to mean a human.
|
|
Before a party may sue in a court of law, he has to prove that he has title to sue. This is determined by two questions: # whether a particular person or juristic person is the right party to sue; and # whether that person has the ability or capacity to sue.
|
|
This work is a commentary on the Kitab al-Siyar al-kabir of al-Shaybani. It demonstrates the role of juristic preference in sharia law. The Sharh al-Siyar al-Kabir shows the same widespread coverage, the development of rules and careful consideration of hermeneutical argument that is seen in the Mabsut.
|
|
In relation to juristic persons, the constitutional documents (sometimes referred to as the charter documents) of the entity are the documents which define the existence of the entity and regulate the structure and control of the entity and its members. The precise form of the constitutional documents depends upon the type of entity.
|
|
It has a special International Graduate Program that offers research-based Ph.D. programs through the region under the supervision of senior academics from international universities. Thaksin University is the juristic body under the responsibility of the Office of the Higher Education Commission. Associate professor Doctor Somkiat Saithanoo holds the position of university president.
|
|
Al-Sarakhsi deals with many themes in his Mabsut, these include juristic preference, the legality of doing activities with illegally obtained objects, zakat (alms tax, one of the Five Pillars of Islam) and land reclamation. In the Mabsut he defines the doctrine of istihasn, or juristic preference, as the "abandonment of the opinion to which reasoning by the doctrine of ...systematic reasoning would lead, in favor of a different opinion support by stronger evidence and adapted to what is accommodating to the people. Thereby, Sarakhsi neither undermines the importance of the exercise of the doctrine of systematic reasoning nor rejects it in any sense." In addition, al-Sarakhsi deals with the dilemma of doing a legal activity with an illegally obtained object.
|
|
The contract of lease is a bilateral juristic act: It gives rise to rights and duties between the parties. There are several statutes applicable to the contract of lease. The parties must be mindful of the relevant statutory provisions when drafting the lease. The rights and duties afforded by legislation may not be waived.
|
|
Describing him as "fanatical" both in his adherence to Shafi'i and to his own school later on, the Encyclopedia of Islam describes al-Zahiri's school as a one-sided elaboration of Shafi'i's, taking the latter's rejection of juristic discretion as a principle in formulating law and applying it to all forms of human reasoning.
|
|
A juristic person cannot be imprisoned, but the penalty would be an unlimited fine as for the existing common law offence. The Bill received royal assent on 26 July 2007, becoming the Corporate Manslaughter and Corporate Homicide Act 2007.Corporate Manslaughter and Corporate Homicide Bill, Parliament website. The Act came into force on 6 April 2008.
|
|
The ground he covers is the same as that covered by Javad Tabatabaei: the Platonizing adaptation of Greek political philosophy by Farabi (d. 950), its synthesis of the "eternal wisdom" of Persian statecraft by Abu'l-Hasan Amiri (d. 991) and Mushkuya Razi (d. 1030), the juristic theories of al-Mawardi and Ghazali, and Nizam al-Mulk's treatise on statecraft.
|
|
This work deals with Islamic jurisprudence and the exercise of ra’y in systematic reasoning and juristic preference. To write this work, al-Sarakhsi incorporated information from many different sources, including Abu’l-Hasan al-Karkhi, Ahmad b. Muhammad al-Shashi, al-Djassas, Abū ʿAbdullāh Muhammad ibn Idrīs al-Shafiʿī and major works from the other law traditions.
|
|
A ruling in the court case held that the City of Bellevue is a juristic person with respect to the state anti-SLAPP law. The owner was a "crab mogul" from Ukraine who became a United States citizen and owned in Bellevue what was in the 2000s decade the largest United States importer of Russian crab and other seafood.
|
|
Justinian's main objects in creating this harmonized compilation of juristic writings were to shorten litigation (by clarifying the law), and to create a syllabus to be used at the law schools in Berytus (Beirut) and Constantinople.Tony Honoré, "Justinian's Codification" in The Oxford Classical Dictionary 803, 804 (Simon Hornblower and Antony Spawforth eds. 3rd rev. ed 2003).
|
|
The Crown Property Bureau (CPB) (; ) is the quasi-government agency responsible for managing the property of the Monarchy of Thailand. The bureau is legally defined as a juristic person and not a government agency. It has no tax obligations. The king appoints six members of the bureau's governing board, with the seventh the sitting Minister of Finance of Thailand.
|
|
John Newbold Hazard was born in Syracuse, N.Y., Jan. 5, 1909. He earned the A.B. from Yale in 1930, the LL.B. from Harvard in 1934 and the J.S.D. (Doctor of Juristic Science) from the University of Chicago in 1939. His career as an American Sovietologist began shortly after the United States recognized the government of the USSR in 1933.
|
|
See also, Legal Capacity in Scotland (Scots Law) All persons, human and juristic, have rights capacity, ie: the ability to hold a right. Thus, a person is able to own property in their own right. This derives from the classification of the law of persons found in Roman law. The word 'person' is usually taken to mean a human.
|
|
Though it is principally the work of a man who had hardly held a brief, and whose time was devoted to politics and literature, it was universally acknowledged to be a monument of codification and an everlasting memorial to the high juristic attainments of its distinguished author. For example, even cyber crimes can be punished under the code.
|
|
King believes that leaders should direct the company to achieve sustainable economic, social and environmental performance. It views sustainability as the primary moral and economic imperative of this century; the code's view on corporate citizenship flows from a company's standing as a juristic person under the South African constitution and should operate in a sustainable manner.
|
|
The Companies and Intellectual Property Commission (CIPC) is an agency of the Department of Trade and Industry in South Africa. The CIPC was established by the Companies Act, 2008 (Act No. 71 of 2008) as a juristic person to function as an organ of state within the public administration, but as an institution outside the public service.
|
|
Marriage has its foundations in a variety of bailiwicks beyond the legal realm, including philosophy, religion, culture and social practice. In Rattigan v Chief Immigration Officer, Zimbabwe,1995 (2) SA 182 (ZS). Gubbay CJ described marriage as > a juristic act sui generis. It gives rise to a physical, moral and spiritual > community of life - a consortium omnis vitae.
|
|
Budd J. stated that the Constitution helps to provide rights and remedies for people, and that if the drafters of the constitution intended the state to have immunity, this would have been explicitly stated in the constitution, as can be seen in Article 13, relating to the immunity of the President. Budd J. asserts that as the king departed with the establishment of the Irish Constitution, any 'feudal' assumptions of legal immunity have also disappeared. Budd J. stated that if Ireland is a juristic person (as established in Comyn v Attorney General and Commissioner of Public Works v Kavanagh) then prima facie there would appear to be no reason why the state cannot be sued, as with any juristic person. Fitzgerald J. dissented from the judgment of the Supreme Court.
|
|
This necessitated an overhaul of the Byzantine legal system. Justinian's Codex had effectively ended juristic developments for the next couple of centuries. Moreover, the Byzantine legal system operated as a codified system, wherein the sentence given by a judge needed to be grounded in a passage of law previously issued by a legislator. This made it impossible for a judge to set precedents.
|
|
Additionally, some notable Muslim clerics, such as Khan Abdul Ghaffar Khan have developed alternative non-violent Muslim theologies. Some hold that the formal juristic definition of war in Islam constitutes an irrevokable and permanent link within Islam between the political and religious justifications for war. The Quranic concept of Jihad includes aspects of both a physical and an internal struggle.
|
|
The causal connection between enrichment and deprivation must be "substantial and direct" . The absence of juristic reason is satisfied if a Plaintiff establishes a reason why the benefit ought not be retained, or if the Defendant demonstrates a convincing argument in favour of retention of the property . Remedy for unjust enrichment is frequently an imposition of constructive trust over the property unjustly retained .
|
|
"It is difficult to see," write Currie and De Waal, > how organs of state exercising core government functions such as Parliament, > a cabinet minister or the police will ever be able to rely on the protection > of the Bill of Rights. Although arguably they are 'juristic persons', the > nature of such organs of state makes them unsuitable to be beneficiaries of > fundamental rights.
|
|
She conducted archeological research in a number of locations in Egypt including Alexandria, Naklun and Ptolemais. She is the editor-in-chief of the "Journal of Juristic Papyrology" and is the co-founder of the monthly magazine "Mówią wieki". Since 2002, she has been head of the Rafał Taubenschlag Foundation. She is also a member of the Warsaw- based Collegium Invisibile.
|
|
The Central Coordinating Register for Legal Entities (Norwegian: Enhetsregisteret) is a Norwegian registry, established in 1995, that stores information about juristic persons (including self-employed people who have chosen to register, and governmental agencies). It is organized under Nærings- og handelsdepartementet. In 2011, its digital database was made available to participants of the "Open Data Day Hackathon" in Oslo and Bergen.
|
|
Additionally, the only other mention which we find of the second chapter within the Digest is the following short extract: :Ulpianus 18 ad ed. Huius legis secundum quidem capitulum in desuetudinem abiit. :Ulpian: The second chapter of the lex has fallen out of use. Therefore, it is clear that by the time of the Classical juristic writing the second chapter was legally defunct.
|
|
"The edictal system is so important in the history of juristic systematization... ." Schulz (1946, 1967) at 148. Yet our sources for this major reform are "meagre and late", so that it "is difficult to tell what Julianus in fact did."H. F. Jolowicz and Barry Nicholas, Historical Introduction to the Study of Roman Law (Cambridge University 1932 by Jolowicz; 3d ed.
|
|
But this information was used as a starting point by Muslim jurists who expounded the laws of inheritance even further using Hadith, as well as methods of juristic reasoning like Qiyas. Nowadays, inheritance is considered an integral part of Sharia law and its application for Muslims is mandatory, though many peoples (see Historical inheritance systems), despite being Muslim, have other inheritance customs.
|
|
Redwood Castle, County Tipperary, although built by the Normans, was later occupied by the MacEgan juristic family and served as a school of Irish law under them Early Irish law, also called Brehon law, comprised the statutes which governed everyday life in Early Medieval Ireland. They were partially eclipsed by the Norman invasion of 1169, but underwent a resurgence from the 13th until the 17th centuries, over the majority of the island, and survived into Early Modern Ireland in parallel with English law.Lyall 2000 Early Irish law was often, although not universally, referred to within the law texts as Fenechas, the law of the Feni or free men of Gaelic Ireland mixed with Christian influence and juristic innovation. These secular laws existed in parallel, and occasionally in conflict, with canon law throughout the early Christian period.
|
|
The Provinces of Thailand are part of the government of Thailand that is divided into 76 provinces (, , ) proper and one special administrative area (), representing the capital Bangkok. They are the primary local government units and are divided into amphoes (districts) and also act as juristic persons. Each province is led by a governor (ผู้ว่าราชการจังหวัด phu wa ratchakan changwat), who is appointed by the central government.
|
|
Ibn Abidin authored numerous books on different subjects ranging from prayers to medicine. But it was his extensive knowledge of jurisprudence that distinguished his potential. He wrote exegesis of previous juristic books which were far beyond common man's understanding. In this same context, he compiled his most famous book: Radd al-Muhtar 'ala al-Durr al-Mukhtar, a voluminous extension of Imam Hasfaki's Durr al mukhtar.
|
|
This Pandect (also known as the Digest, part of the Corpus Juris Civilis) was a compendium of juristic experience and learning. "It has been thought that Justinian's compilers used [Julian's Digesta] as the basis of their scheme: in any case nearly 500 passages are quoted from it."W. W. Buckland, Text-book on Roman Law (Cambridge University 1921, 3rd ed. 1963 by P. Stein), at 29.
|
|
Of his own writings, his principal work was the Digesta, a systematic treatise on civil and praetorian law which was often cited by Roman legal writers. “It is a comprehensive collection of responsa on real and hypothetical cases; in general, it followed the edictal system.” The works of Iulianus, in particular his Digesta, "are among the most highly appreciated products of Roman juristic literature." Prof.
|
|
Unless the occupier opposed or disclosed circumstances relevant to the eviction order, the owner, in principle, would be entitled to an order for eviction.Para 19. Buildings or structures that did not perform the function of a form of dwelling or shelter for humans did not fall under the Act. Since juristic persons did not have dwellings, their unlawful possession was not protected by the Act.
|
|
He received a second bachelor's degree (B.A.) from al-Azhar, then an M.A., and finally a Ph.D with highest honors in Juristic Methodology (usul al-fiqh) in 1988. Since he had not gone through the al-Azhar High School curriculum, he took it upon himself in his first year at the college to study and memorize all of the basic texts, which many of the other students had already covered.
|
|
Muhammad b. Farhūn al-Ya‘murī al- > Mālikī, al-Dībāj al-Madhhab fī Ma‘rifah A‘yān ‘Ulamā’ al-Madhhab, 1st ed., > vol. 1 (Beirut: Dār al-Nashr, Dār al-Kutub al-‘Ilmiyyah, 1996), 25. Historical reports attest that another ‘Abbāsī caliph Hārūn al-Rashīd too expressed similar wishes before Imām Mālik who remained unmoved. He, however, compiled Muwaṭṭa’, keeping before himself the target of removing the juristic differences between the scholars.
|
|
The author sees language as a neutral tool through which meanings can be expressed without deformity. It follows al-Tusi's approach of combining discourses of a literary nature, based on sayings transmitted by the traditional sources, with speculative and intellectual argument. Rawḍ al-jinān is an exhortatory commentary. The author allocated a large portion of his work to the explanation of juristic rulings, knowledge of which was required by his readers.
|
|
The Administrative Law Clinic familiarizes students with the practical operation of public services. Lectures make up a comprehensive mix of theoretical and practical education. Students solve real cases, interact with clients, learn juristic skills, take part in excursions, and debate about current problems in public services. The students take part in administrative moot courts as well as work on real cases and learn from inside how non-governmental organizations work.
|
|
Both of Cossel's brothers went to Hamburg to establish trade businesses. Paschen followed them there in 1738, but became a lawyer. Through his excellent legal knowledge, juristic acumen, practical skill, and oratorical talent, he quickly developed a large and notable chancellery. On the 3 July 1741, Elector Frederick Augustus II of Saxony, in his role as imperial vicar for Saxony, granted Cossel the privilege of a count palatinate.
|
|
6 (Tokyo, 1980), pp. 90–149. The code is divided into five books: # Book One is the General Part (総則), which includes basic rules and definitions of Japanese civil law, such as the capacity of natural and juridical persons, juristic acts, and agency. # Book Two is entitled Real Rights (物権) and covers property and security rights over real property. # Book Three is the Law of Obligations (債権).
|
|
The parties may be natural persons ("individuals") or juristic persons ("corporations"). An agreement is formed when an "offer" is accepted. The parties must have an intention to be legally bound; and to be valid, the agreement must have both proper "form" and a lawful object. In England (and in jurisdictions using English contract principles), the parties must also exchange "consideration" to create a "mutuality of obligation," as in Simpkins v Pays.
|
|
Gothenburg Municipality (Göteborgs kommun), Sweden is subdivided into 10 stadsdelsnämndsområden (roughly "city district committee areas"). The term is often translated to borough. But they are really not boroughs, as they are not legal entities or juristic persons of their own, but organs of the central municipal administration. The members of the committees are appointed by the kommunfullmäktige (municipal assembly) and not by the electorates of the respective "boroughs".
|
|
Kol Nidrei is not a prayer, it makes no requests and is not addressed to God, rather, it is a juristic declaration before the Yom Kippur prayers begin. It follows the juridical practice of requiring three men as a tribunal, the procedure beginning before sundown, and of the proclamation being announced three times.Nulman, Macy, Encyclopedia of Jewish Prayers (1993, NJ, Jason Aronson) pp. 203–204; Encyclopaedia Judaica (2nd ed. 2007) vol.
|
|
In United States contract law, an implied covenant of good faith is presumed. A covenant is a type of agreement analogous to a contractual condition. The covenantor makes a promise to a covenantee to perform (affirmative covenant (US) / positive covenant (E&W;)) or to refrain from (negative covenant) some action. In real property law, the juristic term real covenants means conditions tied to the ownership or use of land.
|
|
The Hanafi school favours the use of istihsan, or juristic preference, a form of ra'y which enables jurists to opt for weaker positions if the results of qiyas lead to an undesirable outcome for the public interest (maslaha). Although istihsan did not initially require a scriptural basis, criticism from other schools prompted Hanafi jurists to restrict its usage to cases where it was textually supported from the 9th-century onwards.
|
|
Sometimes it is used to denote the representation where the emphasis falls on the juristic relationship established by the agent between the principal and third party. At other times, it is used to refer to the contractual relationship between the principal and agent: the so-called "contract of agency" that in reality is a species of mandate.Totalisator Agency Board OFS v Livanos.Wanda (De Wet) "Agency" LAWSA 2 ed vol 1 § 175.
|
|
He graduated first-class BA legal science and was LL.B Prizeman in Roman Law, Constitutional Law and Criminal Law. He was also a research fellow at the Department of International Law, Trinity College, Dublin – with the topic: "The Juristic Status of Protectorates in International Law." From 1947 to 1996, Wachuku served as barrister and solicitor of The Supreme Court of Nigeria. He also practised at the West African Court of Appeal (WACA).
|
|
The general rule is that all persons, born or unborn, natural or juristic, and regardless of their general legal capacity—minor children, too, therefore—may take validly any benefit conferred on them by will or on intestacy. There are, however, various factors that may influence a beneficiary's capacity to inherit. Persons who have limited legal capacity are still capable of inheriting. However, their ability to enjoy their inheritance as they see fit is affected.
|
|
During World War I, Kraus worked on topics in relation to war and ethics and wrote important works in the field of public international law. Influenced by Brentano, Kraus developed an a priori value theory, which was formulated in opposition to Marxian value theory. He also applied this method on economics. Based on his ideas on law and duty he developed a juristic hermeneutics in the field of jurisprudence, and criticized historism and positivism.
|
|
He questioned the Marxist ideal of a society with collective ownership of the means of production that ignored the critical role of law in ensuring social justice. He granted that economic forces were powerful, but asserted that the question of justice was independent. Roscoe Pound said the revival of juristic concern with natural law dates from the publication of Wirtschaft und Recht. This book laid the foundation for all of Stammler's subsequent writings.
|
|
Sergey Ivanovich Morozov (Russian — Серге́й Ива́нович Моро́зов) (born 6 September 1959, Ulyanovsk) is the governor of Ulyanovsk Oblast in Russia. He was elected in 2004; his term started in 2005. After completing military service in the Soviet Pacific Fleet in 1980 he graduated from the All Union Juristic Institute in 1981. Between 1981 and 2000 he worked for the Ministry of the Interior in the Ulyanovsk Oblast later becoming head of the local Drug Enforcement Department.
|
|
In the same year was published one of his best works: Die Agrarfrage aus dem Gesichtspunkt der Nationalökonomie, der Politik und des Rechts. In 1858, when a collection of their parliamentary speeches appeared, the brothers published their political programme in the pamphlet Die Wahlen zum preussischen Abgeordnetenhause, and two years later Deutschlands nächste Aufgaben für die Zukunft. They defended constitutional monarchy and religious autonomy. Less versatile than his brother, Peter surpassed him in juristic keenness and intellectual depth.
|
|
Al-Lakhmi's juristic compendium al-Tabsirah is an important text in the Maliki legal school. It is a commentary on one of the Maliki school's most famous works, al-Mudawwana, by Sahnun b. Sa'id (d. 240/854). This book is a reference that takes up the great books that preceded it as al-Wadiha of Ibn Habib and which will then be taken up by the Malikite scholars later as Ibn Rushd or al-Khalil in his Mukhtasar.
|
|
In 1999, Bürge accepted a call as Professor of Law and Director of the Leopold Wenger Institute for Ancient Legal History and Papyrus Research at the Ludwig Maximilian University of Munich as the successor of Dieter Nörr. From 2009 to 2011, Bürge served as Dean of the Juristic Faculty at the Ludwig Maximilian University of Munich. Bürge was elected a member of the Bavarian Academy of Sciences in 2004.Jahrbuch der Bayerischen Akademie der Wissenschaften (2010), p. 19.
|
|
Corporate manslaughter is a criminal offence in English law, being an act of homicide committed by a company or organisation. In general, in English criminal law, a juristic person is in the same position as a natural person, and may be convicted for committing many offences. The Court of Appeal confirmed in one of the cases following the Herald of Free Enterprise disaster that a company can, in principle, commit manslaughter, although all defendants in that case were acquitted.R. v.
|
|
237, 239 and 245. London: Williams and Norgate, 1931-1933. yet the later Malikites and Hanbalites and in some cases, even Zahirites gravitated toward the acceptance of varying levels of analogical reason already accepted by Shafi'ites and Hanafites. Malik and Abu Hanifa both accepted pure reason as a source of law; Ahmad and Shafi'i did not, and Shafi'i was especially hostile to juristic preference as implemented by Abu Hanifa, yet pure reason later found its way into all Sunni schools of law.
|
|
Later, other forms of unconditional fideicommissa came to be recognised, such as the fideicommissum in diem and the fideicommissum sub modo. With the gradual assimilation of the rules relating to fideicommissa and legacies, the fideicommissum purum lost its original purpose. Its application in Roman-Dutch law was apparently extremely rare. In Estate Kemp v McDonald's Trustee, however, Innes CJ used the concept of fideicommissum purum in an attempt to explain the juristic nature of a testamentary trust in South African law.
|
|
It is said that al-Sarakhsi was imprisoned due to his opinion on a juristic matter concerning a ruler; he criticized the king by questioning the validity of his marriage to a slave woman. He spent around fifteen years in prison. While he was imprisoned he wrote the Mabsut and some of his other most important works. He is known for his remarkable memory, (he was able to recall many texts when he was held in prison) as well as his intelligence.
|
|
That law must be recovered from the Biblical narratives by careful juristic analysis. Daube begins with examples of how that recovery ought to take place. He first looks at the narrative of Joseph and his brothers, showing how it can be understood in the context of principles of the law of custodianship, which provide the implicit legal categories utilized by the text and determine the contours of the action it recounts. And off he goes, inaugurating fifty years of path-breaking scholarship.
|
|
Ibn Dawud composed a book on the topic of the principles of Muslim jurisprudence titled The Path to Knowledge of Jurisprudence. It was one of the earliest works on the subject after Shafi'i's Risala, and the primary basis for Nu'man's Differences Among the Schools of Law, despite Nu'man's criticisms of Ibn Dawud.Stewart, pg. 100. Yaqut al-Hamawi mentions that in a chapter of the book regarding juristic consensus, Ibn Dawud criticizes his former companion Tabari as having contradictory views on the subject.
|
|
Under Theodosus II's Law of Citations, the writings of Papinian, Paulus, Ulpian, Modestinus, and Gaius were made the primary juristic authorities who could be cited in court. Others cited by them also could be referred to, but their views had to be "informed by a comparison of manuscripts".H. F. Jolowicz & Barry Nicholas, Historical Introduction to the Study of Roman Law 452 (3rd ed. 1972) The principal surviving manuscript is the Littera Florentina of the late sixth or early seventh century.
|
|
Powerful landlord in chariot, Eastern Han 25–220 CE. Hebei, China A landlord is the owner of a house, apartment, condominium, land, or real estate which is rented or leased to an individual or business, who is called a tenant (also a lessee or renter). When a juristic person is in this position, the term landlord is used. Other terms include lessor and owner. The term landlady may be used for female owners, and lessor may be used regardless of gender.
|
|
The German-language Elbinger Rechtsbuch, written in Elbing, Prussia documented among other laws for the first time Polish common law. The German-language Polish laws are based on the Sachsenspiegel and were written down to aid the judges. It is thus the oldest source for documented Polish common law and is in Polish referred to as the Księga Elbląska (Book of ElblągTowarzystwo Naukowe Warszawskie: The Journal of Juristic Papyrology, 1946 ). It was written down in the second half of the 13th century.
|
|
He was expelled from the FPM, along threeother members in 2016 Acting in Beirut 1 District (Achrafieh, Rmeil, Saifi), he has been a candidate to the Parliamentary Greek Orthodox seat. The FPM's juristic council expelled him alongside Naim Aoun and Antoine Nasrallah from the FPM on Friday 29 July 2016, charged with raising the FPM's crises in the media and for rebelling against movement decisions. He is also the founder of LOGOS association and head of Achrafieh Youth Club (AYC).
|
|
Other institutions of higher learning, such as those of ancient Greece, ancient Persia, ancient Rome, Byzantium, ancient China, ancient India and the Islamic world, are not included in this list owing to their cultural, historical, structural and juristic dissimilarities from the medieval European university from which the modern university evolved..Rüegg, Walter: "Foreword. The University as a European Institution", in: A History of the University in Europe. Vol. 1: Universities in the Middle Ages, Cambridge University Press, 1992, , pp. XIX–XX.
|
|
There are in English two more or less synonymous adjectives, both from Latin origin, that correspond etymologically to the Continental distinction: the common word legal and the less common juridical (or even juristic). However, the words ius and lex are not synonyms. Lex can sometimes be translated as legislation, statute, statutory law or even act, even if the corresponding legislatio, statutus and actus also exist. Lex is law made by a political authority, such as the Parliament or the Government.
|
|
He gave particular attention to the juristic preferences of Ibn Taymiyah. His extant works have preserved much that has been lost of earlier Ḥanbali works, notably his Ādāb s̲h̲arʿīyya (3 volumes, Cairo 1348/1930), which contains many excerpts of Kitāb al-Funūn of Ibn Aqil. His work on legal methodology, Kitāb Uṣūl al-fiḳh. Kitāb al-Furūʿ (3 volumes, 1339/1921) is one of the most important Hanbalī works for the establishment of the true legal doctrine of Ahmad ibn Hanbal.
|
|
Following this many small villages became self-administrating and received the status of a municipality—by the means of law as juristic persons. Prior to World War II Jewish life and culture played an important role in the whole Hesselberg region. Jewish settlers had already been mentioned in writs in the 14th century and many Jews achieved eminence as merchants and scholars. The National Socialists were active in the villages around Hesselberg, they destroyed synagogues and expelled or displaced Jews to internment camps.
|
|
On 27 December 2007, Xinwen Lianbo aired a report about the wide and easy availability of explicit content on the internet. The report appealed to juristic institutions and government to hurry to make relevant legislation in order to purify the internet environment. In the report, a young student described a pop-up advertisement she saw as being "very erotic very violent". After the airing of the report, many parodies were posted by internet users ridiculing the comment and CCTV's credibility in part.
|
|
Although it is frequently linked with, or evidenced by, a contract between the principal and agent, the appointment is a distinct juristic act: the authority of the agent is derived not from the contract but from the appointment it embodies.Wanda (De Wet) "Agency" LAWSA 2 ed vol 1 § 189; Kahn Contract and Mercantile Law I 848-849. Generally, no formalities are required for an agent's authorisation; an oral appointment will suffice.Maasdorp v The Mayor of Graaff-Reinet 1915 CPD 636 at 639.
|
|
On 27 December 2007, Xinwen Lianbo aired a report about the wide and easy availability of explicit content on the internet. The report appealed to juristic institutions and government to hurry to make relevant legislation in order to purify the internet environment. In the report, a young student described a pop-up advertisement she saw as being "very erotic very violent". After the airing of the report, many parodies were posted by internet users ridiculing the comment and CCTV's credibility in part.
|
|
R. Biundo (2008) Acqua publica: propriété et gestion de l'eau dans l'économie des cités de l'Empire, in Le quotidien municipal dans l'Occident romain, M. Cébeillac-Gervasoni, C. Berrendonner and L. Lamoine (ed.), pp. 365–78 The legal principle of juristic person might have appeared with the rise of monasteries in the early centuries of Christianity. The concept then might have been adopted by the emerging Islamic law. The waqf (charitable institution) became a cornerstone of the financing of education, waterworks, welfare and even the construction of monuments.
|
|
But the task proved to be too great, and in 435 it was decided to concentrate solely on the laws from Constantine to the time of writing. This decision defined the greatest difference between the Theodosian Code and Justinian's later Corpus Juris Civilis. Matthews observes, "The Theodosian Code does, however, differ from the work of Justinian (except the Novellae), in that it was largely based not on existing juristic writings and collections of texts, but on primary sources that had never before been brought together."Matthews, p.
|
|
A juridical person is a non-human legal entity, in other words any organization that is not a single natural person but is authorized by law with duties and rights and is recognized as a legal person and as having a distinct identity. This includes any incorporated organizations including corporations, government agencies, and NGOs. Also known as artificial person, juridical entity, juridic person, juristic person, or legal person. The rights and responsibilities of a juridical person are distinct from those of the natural persons constituting it.
|
|
The Crown Property Bureau was established under the Royal Assets Structuring Act of 1936 and became a juristic person in 1948. According to the act, a Board of Crown Property was set up, to be chaired ex officio by the finance minister, and served by at least four royally-appointed directors. The king names one of the board members as the director-general of the CPB. The Board of Crown Property is responsible for the overall supervision of the activities of the Crown Property Bureau.
|
|
Primarily being a school of theology and not jurisprudence, the Mu'tazila generally did not hold independent positions on such issues. The majority of the Mu'tazila, despite being a distinct sect from both Sunni and Shi'ite Islam, still preferred the juristic school of Abu Hanifa, with a minority following Al-Shafi'i's views. This resulted in the odd combination of being Mu'tazilite in creed but Sunni in jurisprudence, and consequently most of the Mu'tazila accepted analogical reason in addition to pure reason.Joseph A. Kechichian, A mind of his own.
|
|
Justinian's Institutes was largely unknown in the West, however, after the decline of the Western Roman Empire. The earliest known manuscript are fragments of a Veronese palimpsest of the ninth century.A. Arthur Schiller, Roman Law, Mechanisms of Development 31 (1978). For a detailed account of the transmission of manuscripts of Justinian's Institutes through the medieval era, see Charles M. Radding & Antonio Ciaralli, The Corpus Iuris Civilis in the Middle Ages: Manuscripts and Transmissions from the Sixth Century to the Juristic Revival 111-131 (2007).
|
|
After studying at the Latin school of Mülheim on the Rhine (1805-9), and later at Cologne (1809-13), he fought against Napoleon I in 1814, as a volunteer in a Russian regiment. In autumn, 1814, he began to study jurisprudence at Heidelberg, where he graduated, 22 November 1817. He remained at Heidelberg as Privatdozent until Easter, 1819, where he was called to the newly founded University of Bonn. He taught various juristic branches there until 1875, when he resigned on account of blindness.
|
|
Schnaase was born in Danzig (Gdańsk) in West Prussia. As a law student at the University of Heidelberg, Schnaase attended the lectures of Hegel on philosophy in the spring of 1817. In the fall of 1818 he followed Hegel to the University of Berlin, where he attended the lectures that would become the Encyclopedia of the Philosophical Sciences. However, his philosophical studies were cut short when he passed his first juristic exam in July 1819, and received a position in the municipal court of Danzig.
|
|
From early on, there was a religious order in classical Islam that was distinct from the political order. The semi-autonomy of the scholars resulted in the interesting phenomenon of the emergence of different, and regarding some issues, diametrically opposed schools of jurisprudence — all considered Islamically valid and authentic. The Mihna, within this context, reflects the caliph's frustration with the powerful and influential juristic culture. It lasted about fifteen years, after which the domains of authority of both the political and religious orders became more well-defined.
|
|
Ram Lalla Virajman, the infant form of Rama, an avatar of Vishnu, is the presiding deity of the temple. Ram Lalla's dress will be stitched by tailors Bhagwat Prasad and Shankar Lal; Shankar Lal is a fourth generation tailor to Rama's idol. Ram Lalla was a litigant in the court case over the disputed site since 1989, being considered a "juristic person" by the law. He was represented by Triloki Nath Pandey, a senior VHP leader who was considered as Ram Lalla's next 'human' friend.
|
|
A direct tax is one paid directly to the government by the persons (juristic or natural) on whom it is imposed (often accompanied by a tax return filed by the taxpayer). Examples include income tax, corporate tax, and transfer tax such as estate tax and gift tax. Basic software for income tax in the form of a tax calculator, and are now widely used. For example, the Government of India provides an income tax calculatorIncome Tax Calculator Retrieved 20 June 2008 on their website.
|
|
In Islam, a criticism is raised, wherein it is argued that "from the juristic standpoint, obliterating the distinctions between God and the universe necessarily entails that in effect there can be no Sharia, since the deontic nature of the Law presupposes the existence of someone who commands (amir) and others who are the recipients of the command (ma'mur), namely God and his subjects."Aḥmad ibn ʻAbd al-Ḥalīm Ibn Taymīyah, Wael B. Hallaq, Ibn Taymiyya against the Greek logicians, 1993, xxvi. In 1996, Pastor Bob BurridgeGenevan Institute for Reformed Studies.Homepage of Bob Burridge .
|
|
Sanchez-Moreno Ellart, Carlos, "Notes on some New Issues concerning the Birth Certificates of Roman Citizens" Journal of Juristic Papyrology 34 (2004) 107 ff. With the initiative of the father or another close relative, standard birth registrations included the name and current age of the individual concerned and was addressed to an official. Greco-Egyptian birth registrations were not compulsory and were more of a certification of status than proof of birth. The census eliminated the need of birth registrations because the information gathered from birth registrations merely supplemented the information from the census.
|
|
As of 2011 there are over 15 clinical subjects at Olomouc Faculty of Law. The Student Legal Aid Office is a live-client clinic, and the other clinics are hybrid clinics combining both theoretical lectures and practical legal experience. Participation in the two semesters long Juristic Skills Workshop is compulsory for 2nd year students of the 5-year- long Law degree; the other clinics are optional. In addition to the clinics listed below, Law Faculty students may also undertake a one-month internship at one of the Czech courts.
|
|
The Human Rights Clinic focuses on up-to-date issues of Human Rights Protection in the Czech Republic. Depending on students' interests the clinic deals with issues of freedom of assembly, freedom of speech, domestic violence and so on. The Clinic takes one semester and has capacity for ten students; the clinic is awarded by 6 ECTS-credits. The clinic is organized into an interactive theoretical part, in which the students learn necessary information, and a practical part, in which the students solve real issues, interact with a client and learn juristic skills.
|
|
The case then proceeded on appeal to the Supreme Court where it was considered in 1969 and the majority decision of the Supreme Court was delivered on 30 July 1971. The judge presiding in the High Court was Murnaghan J. and the Supreme Court justices were Walsh J., Budd J., Fitzgerald J., O'Keeffe, J. and Chief Justice O'Dalaigh. The Supreme Court found that the state was a juristic person and therefore could be sued, and was vicariously liable for the actions of its servants. Therefore, the Court found in favour of Byrne.
|
|
Tafsir al-Qurtubi () is a 13th-century work of Qur'an exegesis (Arabic: tafsir) by the classical scholar Al-Qurtubi. Tafsir al-Qurtubi is also known as Al-Jami'li-Ahkam or Al-Jami' li Ahkam al-Qur'an or Tafsir al-Jami' . The basic objective of this tafsir was to deduce juristic injunctions and rulings from the Quran yet, while doing so, al-Qurtubi has also provided the explanation of verses, research into difficult words, discussion of diacritical marks and elegance of style and composition. The book has been published repeatedly.
|
|
Averroes served multiple tenures as judge and produced multiple works in the fields of Islamic jurisprudence or legal theory. The only book that survives today is Bidāyat al-Mujtahid wa Nihāyat al-Muqtaṣid ("Primer of the Discretionary Scholar"). In this work he explains the differences of opinion (ikhtilaf) between the Sunni madhhabs (schools of Islamic jurisprudence) both in practice and in their underlying juristic principles, as well as the reason why they are inevitable. Despite his status as a Maliki judge, the book also discusses the opinion of other schools, including liberal and conservative ones.
|
|
In medieval and early modern Britain, the term non compos mentis was often related to religious or mysterious phenomena such as diabolical influence. From the seventeenth century, the condition was increasingly viewed as a mental illness, also described as insanity or madness. In English law, non compos mentis was a juristic term to describe a person's action as not motivated by reason, but being influenced by some false image or mental impression. Non compos mentis and felo de se (the Latin word for "self- murder") presented two different verdicts in the case of a suicide.
|
|
According to Sunni schools of law, secondary sources of Islamic law are consensus, the exact nature of which bears no consensus itself; analogical reason; seeking the public interest; juristic discretion; the rulings of the first generation of Muslims; and local customs. Hanafi school frequently relies on analogical deduction and independent reasoning, and Maliki and Hanbali generally use the Hadith instead. Shafi'i school uses Sunnah more than Hanafi and analogy more than two others. Among Shia, Usuli school of Ja'fari jurisprudence uses four sources, which are Qur'an, Sunnah, consensus and the intellect.
|
|
He was the son of Frederick I, Count Palatine of Simmern and Margaret of Guelders. He and his brothers Stephen and Frederick matriculated in the juristic faculty of the 'Universitas Studii Coloniensis' (the old university of Cologne). He suffered from a severe illness known as the Franzosenkrankheit or the French Disease, a term covering both syphilis and yaws - it prevented him from exercising his office and eventually proved fatal. His bishopric was devastated by the War of the Succession of Landshut and its territories were altered by the creation of the dukedom of Palatinate-Neuburg.
|
|
By Shia political thought, at the absence of an infallible Imam, a capable jurist (faqih) takes the responsibility of leadership of the community. By Shia jurisprudence, the basis of the juristic authority is derived from the Imamate as the expansion of the prophecy and knowledge (ilm) which is also the basis for the religious and political authority of the Imam. As Islam is the foundation of Muslim's culture, it needs government in order to be implemented. and establishing an Islamic society is the aim of the Islamic government.
|
|
The legal punishment for same-sex sexual activity has varied among juristic schools: some prescribe capital punishment; while other prescribe a milder discretionary punishment such as imprisonment. In some relatively less religiously conservative Muslim-majority countries such as Azerbaijan and Jordan, homosexuality is legal, but usually socially unacceptable. Egalitarian relationships modeled on the Western pattern have become more frequent, though they remain rare. Cambodia, East Timor, Hong Kong, Israel, Japan, Mongolia, Nepal, the Philippines, South Korea, Taiwan, Thailand, Turkey, Vietnam and Cyprus are viewed as the most open to the LGBT community in Asia.
|
|
His juristic rulings were compiled in twelve volumes by Zafeeruddin Miftahi and were published between 1962 and 1972 as Fatawa Darul Uloom Deoband. Muhammad Shafi Deobandi also compiled selected fatawa of Usmani and published them as Aziz al-Fatawa. According to Syed Mehboob Rizwi, Usmani issued 37,561 fatawa between 1330 and 1346 AH. Usmani resigned from Darul Uloom Deoband along with Anwar Shah Kashmiri in 1927 and moved to Jamia Islamia Talimuddin (Dabhel) and taught Sahih al-Bukhari there. In Dabhel, his health deteriorated and he returned to Deoband, where he died in 1928.
|
|
From 1904 to 1906 Orbeli worked at society of magistrates and then he was elected a member of Saint Petersburg State University's juristic society. During this period he was sent to Germany for improvement his knowledge. In 1906 Ruben Orbeli became a laws magistr of Saint Petersburg State University's and a laws doctor of Jene University's, also he was author and editor a series of articles in newspaper of Russian treasury department from this moment. In 1918 Ruben became one of the founder Tambov State University, where he taught and read lecture.
|
|
This became one of the foundations of persecution of heretics in the 16th and 17th centuries. It was translated into the French language in 1712. Castro second opus, De iusta hereticorum punitione libri III (Salamanca 1547), dedicated to emperor Charles V, made him renowned as "flagellum of heretics" (azote de herejes). With theological and juristic principles therein he tried to define the golden mean between Pharisaic damnation and craven sufferance of heresy, the form of reversal to "true faith", the punishment of obstinacy and the socio-religious causes of heresy.
|
|
International criminal law is a subset of international law. As such, its sources are the same as those that comprise international law. The classical enumeration of those sources is in Article 38(1) of the 1946 Statute of the International Court of Justice and comprise: treaties, customary international law, general principles of law (and as a subsidiary measure judicial decisions and the most highly qualified juristic writings). The Rome Statute governing the International Criminal Court contains an analogous, though not identical, set of sources that the court may rely on.
|
|
Ibn Hanbal's strict standards of acceptance regarding the sources of Islamic law were probably due to his suspicion regarding the field of Usul al-Fiqh, which he equated with speculative theology (kalam).Christopher Melchert, The Formation of the Sunni Schools of Law: 9th-10th Centuries C.E., pg. 182. Leiden: Brill Publishers, 1997. In the modern era, Hanbalites have branched out and even delved into matters regarding the upholding (Istislah) of public interest (Maslaha) and even juristic preference (Istihsan), anathema to the earlier Hanbalites as valid methods of determining religious law.
|
|
The constitution of 1832 leaned towards liberalism with the Reform of 1853. Now federalism prevailed; slavery was eliminated; the suffrage was extended to all men aged 21 and older; the direct popular vote to choose congressmen governors and magistrates was implemented; administrative and religious freedom were established; the State separated from the Church, and the juristic power of the Catholic Church was terminated. Some of these reforms were reverted later in the 1886 constitution. Elections to choose the solicitor and the Supreme Court of Justice took place in September 1853.
|
|
The Qur'an contains only three verses [4:11, 4:12 and 4:176] which give specific details of inheritance and shares, in addition to few verses dealing with testamentary power. It has also been reported in Hadith that Muhammad allotted great importance to the laws of inheritance and ordered his followers to learn and teach them. Muslim jurists used these verses as a starting point to expound the laws of inheritance even further using Hadith, as well as methods of juristic reasoning, like Qiyas. In later periods, large volumes of work have been written on the subject.
|
|
In those cases, Muslim jurists (') try to arrive at conclusions by other means. Sunni jurists use historical consensus of the community ('); a majority in the modern era also use analogy (') and weigh the harms and benefits of new topics ('), and a plurality utilizes juristic preference ('). The conclusions arrived at with the aid of these additional tools constitute a wider array of laws than the Sharia consists of, and is called fiqh. Thus, in contrast to the sharia, fiqh is not regarded as sacred and the schools of thought have differing views on its details, without viewing other conclusions as sacrilegious.
|
|
Land could be the subject of a commodatum during the Classical period and later, though this was doubted before that. Perishables could not be loaned for use, unless they were to be used for display purposes only, or a small number of other exceptions. The lender under a commodatum did not have to be owner, since ownership was not transferred. A borrower was held (in most juristic texts) to a standard of culpa levis in abstracto – the borrower was liable if his or her conduct fell short of the diligentia (care) of a bonus paterfamilias – a good, respected, head of the family.
|
|
The Quran, the book of Islam, cites the story of the "people of Lot" (also known as the people of Sodom and Gomorrah), destroyed by the wrath of Allah because they engaged in lustful carnal acts between men. Scholars of Islam, such as Shaykh al-Islām Imam Malik, and Imam Shafi amongst others, ruled that Islam disallowed homosexuality and ordained capital punishment for a person guilty of it. The legal punishment for sodomy has varied among juristic schools: some prescribe capital punishment; while other prescribe a milder discretionary punishment. Homosexual activity is a crime and forbidden in most Muslim- majority countries.
|
|
The former Minister of Education, Elisabeth Gehrer, of the Schüssel government, has enacted extensive reforms to the higher education system -- sometimes referred to as the Gehrer-Schüssel reforms -- during the last years. Effective 2003, universities have become independent juristic persons and have been given considerably more discretion by the law to act without ministerial control. However, codetermination of professors, junior teachers and students has been replaced by a more hierarchical system with a powerful management on top. The university councils, whose members are in part appointed by the government, are in charge of appointing the senior managers (Rektorat) and overseeing their activity.
|
|
Japanese contract law is based mostly on the Civil Code, which defines the rights and obligations of the parties in general and in certain types of contracts, and the Commercial Code for certain commercial transactions. The Commercial Code is considered a specialized law, meaning it take precedence over the Civil Code if both laws apply. Contracts, along with wills, gifts and other acts with legal consequences, are considered juristic acts; and are governed by the Civil Code when the Commercial Code and commercial custom do not apply. A contract requires the coinciding of the minds, with an offer and an acceptance.
|
|
The doctrine of unjust enrichment was definitively established as a full fletched course of action in Canada in Pettkus v. Becker, 1980 CanLII 22 (SCC), [1980 2 SCR 834] To establish unjust enrichment, the Plaintiff needs to show: (i) enrichment; (ii) deprivation; (iii) causal connection between enrichment and deprivation; and (iv) absence of juristic justification for the enrichment . The concept of deprivation and enrichment are extremely broad. Deprivation refers to any loss of money or money's worth in the form of contribution while A is enriched if B contributes to the acquisition of assets in A's name .
|
|
Currie and De Waal argue that "it is therefore possible, and quite reasonable,"Currie and De Waal Handbook 48-49. that some provisions of the Bill of Rights may apply to the conduct of a private person or juristic persons, while other provisions in the same section (and pertaining to the same right) will not apply to such conduct. For example, the right of access to health care servicess 27(1) and (2). "probably does not apply directly horizontally." However, the right not to be refused emergency medical treatment (s 27(3)) probably does apply horizontally.
|
|
The Royal Assets Structuring Act has been amended three times: the second amendment (1941) took effect on 7 October 1941, the third amendment (1948) was promulgated on 18 February 1948 when the CPB's status was then elevated to a juristic person responsible for supervising, preserving, and managing crown property. The CPB director-general is authorized to affix his signature on behalf of the bureau. In July 2017, under the new bill, King Vajiralongkorn will set up a board of directors to oversee his assets. The king is entitled to appoint the board members, as well as to remove them, at his discretion.
|
|
His legal treatise on fiqh, Ibtal,Longer title: Ibtal al-qiyas wa-al-ra'y wa-al-istihsan wa-al-taqlid wa-al-ta'wil [Refutation of analogy, learned opinion, social equity, juristic authority, and 'insight' text interpretation]; title in Spanish per Asín: "Libro que de muestra la inanidad del uso de estos cinco criterios jurídicos: el argumento de analogía, la opinión personal, la equidad o preferencia, la autoridad de los maestros y la investigación del espiritu de la ley". Listed in Asín's biography in his Abenházam (1927-1932) at I: 259; cf., his chapter XI, "Abenházam, Jurista Dahirí" at I: 131-144.
|
|
In Morgenthau's early career, the book review of his dissertation by Carl Schmitt had a lasting and negative effect on Morgenthau. Schmitt had become a leading juristic voice for the rising Nazi movement in Germany and Morgenthau came to see their positions as incommensurable, although it has been argued that Schmitt and Morgenthau engaged in a "hidden dialogue" in which they influenced each other.See W. Scheuerman, "Carl Schmitt and Hans Morgenthau: Realism and Beyond" (see note 3). See also Hans-Karl Pichler, "The Godfathers of 'Truth': Max Weber and Carl Schmitt in Morgenthau's Theory of Power Politics," Review of International Studies, 1998, v.
|
|
Companies set up for privacy or asset protection often incorporate in Nevada, which does not require disclosure of share ownership. Many states, particularly smaller ones, have modeled their corporate statutes after the Model Business Corporation Act, one of many model sets of law prepared and published by the American Bar Association. As juristic persons, corporations have certain rights that attach to natural persons. The vast majority of them attach to corporations under state law, especially the law of the state in which the company is incorporated – since the corporations very existence is predicated on the laws of that state.
|
|
According to Articles 2 and 3 of this treaty, juristic and natural persons who are either national of or domiciled in a state party to the Convention shall, as regards the protection of industrial property, enjoy in all the other countries of the Union, the advantages that their respective laws grant to nationals.Bodenhausen, (1969). In other words, when an applicant files an application for a patent or a trademark in a foreign country member of the Union, the application receives the same treatment as if it came from a national of this foreign country. Furthermore, if the intellectual property right is granted (e.g.
|
|
The saying about the Germans is at least partially true. In discussion of German Law, an argument often found is that a juristic construction is not applicable since the law doesn't state its existence – even if the law doesn't explicitly state that the construction does not exist. An example for this is the Nebenbesitz (indirect possession of a right by more than one person), which is denied by German courts with the argument that §868 of the Bürgerliches Gesetzbuch, which defines indirect possession, doesn't say there could be two people possessing. However, the German constitution Art.
|
|
"Piercing the corporate veil" refers to looking at the individual natural persons acting as agents involved in a company action or decision; this may result in a legal decision in which the rights or duties of a corporation or public limited company are treated as the rights or liabilities of that corporation's members or directors. The concept of a juridical person is now central to Western law in both common-law and civil-law countries, but it is also found in virtually every legal system.The Juristic Person. I, George F. Deiser, University of Pennsylvania Law Review and American Law Register, Vol.
|
|
Mohammad Omar Farooq, "The Doctrine of Ijma: Is there a consensus?," June 2006 most followers of the Hanafi and Hanbali schools generally do not, nor do the other two Sunni schools. Additionally, the Ẓāhirī school does not accept analogical reasoning as a source of Islamic law,Adang, Zahiri Conception, p. 15. nor do they accept the practice of juristic discretion, pointing to a verse in the Qur'an which declares that nothing has been neglected in the Muslim scriptures. While al- Shafi‘i and followers of his school agree with the Ẓāhirīs in rejecting the latter,al-Shafi‘i, Kitab al-Umm, vol.
|
|
The law of agency in South Africa regulates the performance of a juristic act on behalf or in the name of one person ("the principal") by another ("the agent"), who is authorised by the principal to act, with the result that a legal tie (vinculum juris) arises between the principal and a third party, which creates, alters or discharges legal relations between the principal and a third party.Tolalisator Agency Board OFS v Livanos 1987 (3) SA 283 (W) 291.Mason v Vacuum Oil Co. of SA Ltd 1936 CPD 219 at 223.Whittal v Alexandria Municipality 1966 (4) SA 297 (F) 301.
|
|
The holder of a starter title right is allowed to transfer, to bequeath or to lease the right. However these rights may be subject to restrictions by the group’s constitution or conditions imposed by the local authority. Except for persons who are married in community of property, a starter title right may not be held by more than one person jointly and no juristic person may hold any starter title right. The persons who are entitled to be registered as the initial holders of rights in a starter title scheme are the heads of the households.
|
|
For the reasons that follow, the latter construction should be adopted. Debates cast in terms like "originalism" or "original intent" (evidently intended to stand in opposition to "contemporary meaning") with their echoes of very different debates in other jurisdictions are not to the point and serve only to obscure much more than they illuminate.The reference to "other jurisdictions" would be primarily to the USA. Thus the word "marriage" in Constitution section 51(xxi) states a "topic of juristic classification" which is not tied to any historical model and the federal parliament can legislate as it wishes within that topic.
|
|
Turkish mufti (17th-century Spanish drawing) The classical process of ijtihad combined these generally recognized principles with other methods, which were not adopted by all legal schools, such as istihsan (juristic preference), istislah (consideration of public interest) and istishab (presumption of continuity). A jurist who is qualified to practice ijtihad is known as a mujtahid. The use of independent reasoning to arrive at a ruling is contrasted with taqlid (imitation), which refers to following the rulings of a mujtahid. By the beginning of the 10th century, development of Sunni jurisprudence prompted leading jurists to state that the main legal questions had been addressed and the scope of ijtihad was gradually restricted.
|
|
The classical theory of Islamic jurisprudence elaborates how scriptures should be interpreted from the standpoint of linguistics and rhetoric. It also comprises methods for establishing authenticity of hadith and for determining when the legal force of a scriptural passage is abrogated by a passage revealed at a later date. In addition to the Quran and sunnah, the classical theory of Sunni fiqh recognizes two other sources of law: juristic consensus (ijmaʿ) and analogical reasoning (qiyas). It therefore studies the application and limits of analogy, as well as the value and limits of consensus, along with other methodological principles, some of which are accepted by only certain legal schools.
|
|
In that time, because of mass deportations into Central Asia (that had no parallel even in tsar era), came to influx of Catholics from Volga area, Ukraine, Poland and Baltic Sea area. On 13 May 1991, there was created apostolic administration of Kazakhstan and Central Asia that included five post-Soviet Central Asian republics, from which four gained a status of mission sui iuris later – church in Kyrgyzstan on 22 December 1997. Status sui iuris means that it is an autonomous unit – independent juristic person, based on own discipline, heritage, or culture, but it is always dependent on Roman pope. In Kyrgyzstan, there were 268 Christians in 1999.
|
|
In addition, Bangkok Glass team had their own futsal team which competed in the Futsal Thailand League as well. In January 2009, Krung Thai Bank Football Club from Thailand Premier League announced the dissolution of the team due to not being able to comply with the conditions specified by AFC regarding registration as a juristic person. According to that Bangkok Glass Club from Football B(ข) Cup took over Krung Thai Bank Football Club which participated in Thai Premier League instead of the Krung Thai Bank Football Club that disbanded. They had to use temporary field by renting the Chalermphrakiat Khlong 6 stadium to renovate the Leo Stadium.
|
|
Symbol of the Royal Security Command (2014-2016) The Royal Security Command was formerly an agency under the Office of the Supreme Commander of the Royal Thai Armed Forces Headquarters. It was established as a King's Guard unit on 18 November 1992. In 2013, the Royal Security Command became a juristic person and was put under the purview of the Ministry of Defense while retaining Crown Prince Vajiralongkorn as its commander. On 1 May 2017 the Royal Security Command was made a royal agency directly under the command of the monarchy, independent of the rest of the armed forces and the Royal Thai Government.
|
|
Mufti Muhammad Taqi Usmani (DB) has written in his 'Uloomu-l-Qur'an (An Approach to the Qur'anic Sciences): Al-Qurtubi was a follower of Imam Malik ibn Anas's school of thought in Islamic Jurisprudence. The basic purpose of this book was to deduce juristic injunctions and rulings from the Qur'anic Ayat but in this connection he has very aptly commented on the meanings of Ayat, scrutiny of difficult words, composition and rhetoric and relevant narrations in the exegesis. Particularly the instructions obtainable from the Qur'an for everyday life have been clearly explained. The preface of this book is also detailed and comprises important discussions on the sciences of the Qur'an.
|
|
In the Middle Ages, the Digest was divided into three parts, and most of the manuscripts contain only one of these parts.Jolowicz & Nicholas, supra note 2 at 491. For a detailed account of how the Digest and other parts of the Corpus Juris Civilis were transmitted from the end of antiquity to the Renaissance, see Charles M. Radding & Antonio Ciaralli, The Corpus Iuris Civilis in the Middle Ages: Manuscripts and Transmissions from the Sixth Century to the Juristic Revival (2007) The entire Digest was first translated into English in 1985 by the Scottish legal scholar Alan Watson.The Digest of Justinian (Theodor Mommsen, Paul Krueger, & Alan Watson eds.
|
|
On the question of preference between sources of international law, rules established by treaty will take preference if such an instrument exists. It is also argued however that international treaties and international custom are sources of international law of equal validity; this is that new custom may supersede older treaties and new treaties may override older custom. Also, jus cogens (peremptory norm) is a custom, not a treaty. Certainly, judicial decisions and juristic writings are regarded as auxiliary sources of international law, whereas it is unclear whether the general principles of law recognized by 'civilized nations' should be recognized as a principal or auxiliary source of international law.
|
|
He writes that it is undeniable that taking care of orphans and foundlings is a religious obligation and that the best interest of children has been a recurrent theme among the various juristic schools. Arguably one of the best ways to take care of these children is to place them in loving homes, provided that a child’s lineage is not intentionally negated or concealed. He argues that a reformed model of Islamic adoptions will enable Muslims to fulfill this religious obligation while ensuring that the most vulnerable do not fall through technical cracks and will not be negatively impacted by formal rules that no longer serve their intended purposes.
|
|
In Chile the National Identification Number is called RUN (Rol Único Nacional) but is usually called RUT (Rol Único Tributario) since the number is the same as the one used for tax purposes. The main difference between them is that a RUN is only assigned to natural persons, while juristic persons can only get a RUT number. In the case of natural persons, the RUN/RUT number is used as a national identification number, as a taxpayer number, as a social insurance number, as a driver's license number, for employment, etc. It is also commonly used as a customer number in banks, retailers, insurance companies, airlines, etc.
|
|
In many such jurisdictions, only a registered association (an incorporated body) is a juristic person whose members are not responsible for the financial acts of the association. Any group of persons may, of course, work as an informal association, but in such cases, each person making a transaction in the name of the association takes responsibility for that transaction, just as if it were that individual's personal transaction. There are many countries where the formation of truly independent voluntary associations is effectively proscribed by law or where they are theoretically legally permitted, but in practice are persecuted; for example, where membership brings unwelcome attention from police or other state agencies.
|
|
If a company is wound up, its shareholders will lose their stake, but their separateness from the company will prevent its creditors from pursuing them for fulfilment of its debts. If, on the other hand, an unincorporated business should go bankrupt, its owners, who do not enjoy such separation, will be liable for its debts. Because a company can do certain things—it can acquire rights and duties and assets and liabilities—albeit only through the actions of human beings who are authorised to act on its behalf, the company is itself regarded as a juristic person. It has rights and duties, but not the body, of a natural person.
|
|
The bank established new businesses such as travel savings, capital accumulation savings, and house deposit savings. By the end of 1936, a total of 104 branches of the Government Savings Bank around the country. After World War II, the government, recognizing the benefits of savings as well as the role that the Savings Office played in financial development, transformed it into a juristic person, to be operated independently under the supervision of a board of directors appointed by the finance minister as mandated by the Government Savings Bank Act B.E. 2489 (1946). The office was renamed the Government Savings Bank (GSB), effective 1 April 1947.
|
|
Ball, Rome in the East: the transformation of an empire, p.37 The deity's Latin name, Elagabalus, is a Latinized version of the Arabic Ilāh ha-Gabal, from ilāh ("god") and gabal ("mountain"), meaning "God of the Mountain".The Journal of Juristic Papyrology, volume 23, page 116: "und mit palmyrenischer Inschrift "Gott Berg" steht die umstrittene Etymologie des Namens "Elagabal" (ilah ha- gabal) fest" In Emesa, the religious "lord", or Ba'al, was the cult of Elagabalus. This cult is assumed to have existed already at the time when the dynasty was still ruling (it is believed, as priest-kings), although there might have been originally two separate cults.
|
|
The word derives from the three-letter Arabic verbal root of -H-D (', 'struggle'): the "t" is inserted because the word is a derived stem VIII verb. In its literal meaning, the word refers to effort, physical or mental, expended in a particular activity. In its technical sense, ijtihad can be defined as a "process of legal reasoning and hermeneutics through which the jurist-mujtahid derives or rationalizes law on the basis of the Qur'an and the Sunna". The juristic meaning of ijtihād has several definitions according to scholars of Islamic legal theory. Some define it as the jurist’s action and activity to reach a solution.
|
|
Pierre Legendre (born 15 June 1930 in Normandy, France) is a French historian of law and psychoanalyst. Legendre holds a position of research director at the École pratique des hautes études. His work is primarily devoted to the history of juristic institutions and concepts (Roman law and Canon law) and to the anthropology of Western civilization. Legendre has collaborated in the making of a number of films, shown on ARTE and other television stations: The Fashioning of Western Man (1996), Mirror of a Nation: Ecole Nationale d'Administration and Dominium Mundi: The Empire of Management (2007), all produced and distributed by Ideale Audience International, Paris.
|
|
Pliny does not say anything about Aristo's merits as an author, and though his works are occasionally mentioned in the compendium of juristic writings known as the Digest, there is no direct extract from any of them in that compilation. In philosophy, this model of a virtuous lawyer is described by Pliny as a genuine disciple of the Stoa Poikile. He has been usually supposed to belong to the legal sect of Proculeian school, which clashed with the rival sect of the Sabinian school, though there is at least one situation described in which his legal opinions sided with the Sabinian Javolenus instead of the Proculeian Pegasus.Digest 28. tit. 5. s.
|
|
Juristic thought gradually developed in study circles, where independent scholars met to learn from a local master and discuss religious topics. At first, these circles were fluid in their membership, but with time distinct regional legal schools crystallized around shared sets of methodological principles. As the boundaries of the schools became clearly delineated, the authority of their doctrinal tenets came to be vested in a master jurist from earlier times, who was henceforth identified as the school's founder. In the course of the first three centuries of Islam, all legal schools came to accept the broad outlines of classical legal theory, according to which Islamic law had to be firmly rooted in the Quran and hadith.
|
|
Dr. Al- Draiweesh, through his works conveys to the world that how traditional juristic rulings can be applied for having solution of core issues. In his narrations and dissertations, he has explored how much tolerance, communication and inter-faith harmony is advised in Islam. He has focused on most important contemporary issues and viewed solution of those problems of hour in the light of Islam, such as his works on the environment and water preservation. He also emphasized on the teachings of Islam pertaining to fundamental human rights. He has narrated on issues such as citizenship, politic obligation, death penalty, prisoner’s rights, Fatwa (legal opinion), rules of marriage & divorce, forming of family and the rights of women etc.
|
|
There was no appearance for the second respondent. In terms of section 29(1) of the Close Corporations Act,Act 69 of 1984. only natural persons are permitted to be members of a close corporation, subject to certain exceptions in section 29(2)(b) and (c). In terms of s 29(2)(c), "a natural or juristic person, nomine officii who, in the case of a member who is insolvent, deceased, mentally disordered or otherwise incapable or incompetent to manage his affairs, is a trustee of his insolvent estate or an administrator, executor or curator in respect of such member or is otherwise a person who is his duly appointed or authorised legal representative" qualifies for membership.
|
|
Religious courts at the time followed Sharia (Islamic law) which itself is derived from the Qur'an and Hadith. There were four different juristic groups in Bahrain at the time: Urban Hawala (Sunni) who followed Shafi'i law, urban Najdi (Sunni) community who followed Hanbali law, tribal Arab Sunni community which followed Maliki law and the Shia community which followed Ja'fari jurisprudence. During the entire reign of Isa bin Ali, Jassim al-Mihza was the sole jurist that served the Sunni community. Appointed by the ruler, al-Mihza ruled over personal and family matters such as divorce and inheritance, but loans associated with pearl diving were excluded as Sharia speaks clearly against loan interests.
|
|
An effort to systematically to inform jurisprudence from sociological insights developed from the beginning of the twentieth century, as sociology began to establish itself as a distinct social science, especially in the United States and in continental Europe. In Germany, Austria and France, the work of the "free law" theorists (e.g. Ernst Fuchs, Hermann Kantorowicz, Eugen Ehrlich and Francois Geny) encouraged the use of sociological insights in the development of legal and juristic theory. The most internationally influential advocacy for a "sociological jurisprudence" occurred in the United States, where, throughout the first half of the twentieth century, Roscoe Pound, for many years the Dean of Harvard Law School, used this term to characterise his legal philosophy.
|
|
A collective work is unusual in French law in that a juristic person may be the initial owner of a work without having to show evidence that the copyright was assigned. As a rule, French courts do not recognise that an employee has transferred their rights to an employer unless there is evidence of such a transfer in the form of an agreement. A collective work is an exception. The maître takes all the ownership rights in a collective work, and these rights are directly vested in the maître rather than transferred from the contributors, as long as the maître directed the creative process enough for it to be considered a collective work.
|
|
While at the University of Zambia, he was the founder and first editor of the lpathe Zambia Law Journal. He also founded the Juristic Studies Association of Zambia in 1968 under the patronage of the then President of Zambia, Kenneth Kaunda. He also pressed for the establishment of the Council of Law Reporting in Zambia which was to be mandated to report decisions of the higher courts of judicature of Zambia and urged the Zambian Ministry of Legal Affairs to prepare an estimate of the country's need for qualified lawyers for the decade 1969 to 1978. He established the Law Practice Institute of Zambia which was to give practical training to lawyers, and served as its first Director.
|
|
The title of an ayatollah transpires when he becomes a celebrated figure in the hawza and his students and followers trust him in answering their questions, and ask him to publish a juristic book, the risalah amaliyah—a manual of practical rulings arranged according to topics dealing with ritual purity, worship, social issues, business, and political affairs. The risalah contains an ayatollah's fatwas on different topics, according to his knowledge of the most authentic Islamic sources and their application to current life. Traditionally only the most renowned ayatollahs of the given time published a risalah. Today, however, many ayatollahs of varying degrees of illustriousness have published one, while some of the renowned ones have refused to do so.
|
|
Holmes JA posed one of the questions raised by the case in the following way: "Can an innocent misrepresentation ever entitle a buyer to a reduction of the price under the actio quanti minoris? [...] If so, under what circumstances? In other words, what factual foundation is required?"407. The answer, as he saw it, was this: > What has to be considered is not innocent misrepresentation per se, but the > dictum et promissum of the Roman-Dutch law and the consequential aedilitian > relief [....] It is both unnecessary and confusing to try to fit a dictum et > promissum into some modern juristic niche like a warranty or term; and then > to draw conclusions therefrom as to the buyer's rights.
|
|
This was protested by the Croatian Bunjevac community as an attempt of the government to widen the rift between the two Bunjevac communities. They favour integration, regardless of whether some people declared themselves distinct, because minority rights (such as the right to use a minority language) are applied based on the number of members of the minority. As opposed to this, supporters of pro-Bunjevci option are accusing Croats for attempts to assimilate Bunjevci. In 2011, Bunjevac politician Blaško Gabrić and Bunjevac National Council asked Serbian authorities to start juristic criminal responsibility procedure against those Croats who denying the existence of Bunjevci ethnicity, which is, according to them, violation of laws and constitution of the Republic of Serbia.
|
|
One of Musawah's co-founders, Malaysian activist Zainah Anwar, offered this perspective on Musawah's role in the broader women's and human rights movements: "What Musawah brings to the table is a rich and diverse collection of interpretations, juristic opinions and principles that makes it possible to read equality and justice in Islam, and construe these twin values at national and international levels. It is a vital contribution at a time when democracy, human rights and women's rights constitute the modern ethical paradigm of today's world." Challenges in Musawah's work include ongoing debates around the multiple interpretations of the Koran, and the defence of a human rights interpretation from within Islam, rather than a secular human rights framework.
|
|
Ibn Hanbal has been extensively praised for both his work in the field of prophetic tradition and his defense of orthodox Sunni dogma. Abdul-Qadir Gilani stated that a Muslim could not truly be a wali of Allah except that they were upon Ibn Hanbal's creed; despite praise from his contemporaries as well, Yahya ibn Ma'in noted that Ibn Hanbal never boasted about his achievements. His juristic views were not always accepted. Qur'anic exegete Muhammad ibn Jarir al-Tabari, who at one time had sought to study under Ibn Hanbal, later stated that he did not consider Ibn Hanbal a jurist and gave his views in the field no weight, describing him as an expert in prophetic tradition only.
|
|
8943 His most influential and best known works are his Qur'anic commentary known in Arabic as Tafsir al-Tabari and his historical chronicle History of the Prophets and Kings (Tarikh al-Rusul wa al-Muluk), often referred to Tarikh al-Tabari. Al- Tabari followed the Shafi'i madhhab for nearly a decade before he developed his own interpretation of Islamic jurisprudence. His understanding of fiqh was both sophisticated and remarkably fluid and, as such, he continued to develop his ideas and thoughts on juristic matters right to the end of his life. Al- Tabari's school of thought (madhhab) flourished among Sunni ulama for two centuries after his death before it eventually became extinct.
|
|
In 1860 he became professor extraordinary, and in 1873 ordinary professor. From 1865 to 1870 he was a member of the Prussian Chamber of Deputies, and from 1867 to 1870 of the North German Reichstag, but did not affiliate with the Catholic Centre Party because the formation of a party on sectarian lines appeared to him a hazardous experiment. In addition to numerous essays in periodicals and a few juristic professional treatises, he published several works on the history of literature as well as on historical subjects. Among the former class are his writings on Heine (Aus dem Leben Heinrich Heines, 1878) and on Annette von Droste-Hülshoff und ihre Werke (1887).
|
|
Nu'man's book borrows heavily from those of Dawud al-Zahiri, Muhammad bin Dawud al-Zahiri and al- Tabari, three Sunni authors about whom Nu'man displays complex mixed feelings. It has been noted that while Nu'man's book is famous, it was not the first Ismali refutation of Sunni juristic principles. Al-Nu'man's other major works are the Kitab al-majalis wa’l-musayarat ("The Book of Sessions and Excursions"), in which he has entailed in detail words of Imams in majlis, or just while walking which he had taken note of, and the wisdom encased within them) and the Kitab al-himma fi adab atba‘ al-a’imma ("The Book of Etiquette Necessary for Followers of the Imams").
|
|
Shavit has also analyzed Arab writings on Zionism, suggesting that since the late 19th century, the Zionist project has played the dual role of an enemy and a role model among both Arab Islamists and liberals. Shavit's studies on political violence in Islam argue that the Muslim Brothers accepted juristic notions that rendered a violent revolution legitimate only to the extent that its success is assured. Several of his works examined through field studies how advanced media technologies impact migrants, arguing that the internet and satellite television allow, for the first time in history, a separation between affinity to a territory and a sense of belonging to an imagined community. He introduced the ideal-type of "passive transnational" to describe one result of this development.
|
|
Hemant opposed the action of the High Court and filed an intervention in the court opposing the quashing of the First Information Report, asserting that law does not bestow special privileges on advocates and that equality before law should prevail. Criticising the action of the High Court, Hemant wrote to the High Court that collective might and power of a group of people who are collectively registered as a separate juristic person should not be allowed to browbeat the system by putting extraneous pressure and by forceful imposition of their collective bargaining power. The issue was further escalated by Hemant taking the matter to public domain wherein he raised questions about neutrality of the High Court in the whole episode.
|
|
Aqa established a Seminary MADRASSA MOHAMMADIA in the Capital of Kashmir, Srinagar, where students learned under the best teachers of Kashmir, but his death was a blow to this educational center. He also used to give lectures on Juristic laws to gatherings of people on every Thursday night and Friday morning at his residence. All the sects of Kashmiri society had a great deal of attachment to Ahmed Rizvi. The then Prime Minister of Jammu and Kashmir, Sheikh Mohammad Abdullah, was very much influenced by Ayatollah Syed Ahmed Rizvi that he usually visited Aqa Rizvi's home for spiritual lessons and had desired to become one of his pupils and even after death of Ayatollah Syed Ahmed used to come to his burial.
|
|
524 of May 29, 1998, which was published on June 16, 1998, clarified that for movies created before August 3, 1992, the film studios were no longer considered the authors, as had been the case under the old Soviet law. Instead, the authors of these cinematographic works were the natural persons identified in the 1993 law as such.Elst p. 531\. It follows that the copyright term on Soviet films must be calculated as 50 (or 70) years after the death of the last surviving author, plus four years for authors who had worked or fought during the Great Patriotic War; not as 50 or 70 years since publication, as would have been the case if the studios, as juristic persons, still had been considered the authors.
|
|
In other words, juristic persons are not in and of themselves worthy of protection; they become so when they are used by natural persons for the collective exercise of their fundamental rights. For example, companies are routinely used by individuals as an entity for conducting business, necessitating the exercise of property rights by companies. As the Constitutional Court put it in First National Bank of SA Limited t/a Wesbank v Commissioner for the South African Revenue Services,2002 (4) SA 768 (CC). It is trite that a company is a legal entity altogether separate and distinct from its members, that its continued existence is independent of the continued existence of its members, and that its assets are its exclusive property.
|
|
1050; incomplete manuscript preserving most of the Codex), there may have been other manuscript sources for the text that began to be taught at Bologna, by Pepo and then by Irnerius.For a detailed account of how the relevant manuscripts and their transmission, see Charles M. Radding & Antonio Ciaralli, The Corpus iuris civilis in the Middle Ages: Manuscripts and Transmission from the Sixth Century to the Juristic Revival (Leiden: Brill, 2007). Irnerius' technique was to read a passage aloud, which permitted his students to copy it, then to deliver an excursus explaining and illuminating Justinian's text, in the form of glosses. Irnerius' pupils, the so-called Four Doctors of Bologna, were among the first of the "glossators" who established the curriculum of medieval Roman law.
|
|
Caspar Lerch was a prominent representative of his family, first as Chamberlain of the Bishop of Speyer, then as Electorate of Mainz Amtmann in Tauberbischofsheim and finally as director of the Knightly Canton of the Upper Rhine (Ritterkanton Oberrhein). Furthermore he compiled many juristic works as well as a family chronicle. In 1689, however, in the Age of Absolutism, Dirmstein was less lucky when French troops came and all but utterly burnt it down. From 1688 to 1697, the "Sun King", Louis XIV waged the Nine Years' War (known in Germany as the Pfälzischer Erbfolgekrieg, or War of the Palatine Succession) over his sister-in-law Liselotte’s inheritance – and somewhat paradoxically had Electoral Palatinate, the territory that he wanted as his own, reduced to rubble and ashes.
|
|
A legalistic follower, rather than an initiator, Frick the servant increasingly lost favour with his master, apparently because he misunderstood the basic nature of the Fuhrer's governance. Whereas the Third Reich thrived on inconsistencies, rivalries, and constant evolutionary change, Frick's juristic mind longed for order and legal stabilization. The incongruity was insuperable and it was thus logical enough that in 1943 the minister, whose share of practical power had rapidly diminished in the second half of the 1930s, ultimately even lost his official post.Udo Sautter, Canadian Journal of History For example, in 1933 he tried to restrict the widespread use of "protective custody" orders that were used to send people to concentration camps, only to be begged off by Reichsführer-SS Heinrich Himmler.
|
|
Adding to the arguments in favor of woman-led prayer of mixed congregations, Laury Silvers and Ahmed Elewa recently published a detailed article in the Journal of Law and Religion arguing that female imams are permissible in all circumstances. Their abstract reads: :This paper, written five years after the Wadud prayer, presents a survey and analysis of the various responses to female led mixed-gender congregational prayers as well as a legal argument for its default permissibility. We show that, in interpreting the Hadiths on woman-led prayer, Sunni schools of law hold a range of opinions on its permissibility. We discuss how Muslim jurists consider historical needs in their rulings, the role of female modesty in this debate, and the nature of juristic consensus.
|
|
He has called for reforms in the area of Islam and adoptions citing how contemporary practice clashes with the spirit behind the Quran's calls to take care of orphans."Islamic Law, Adoptions and Kafalah" Kutty argues that the belief that closed adoption, as practiced in the West, is the only acceptable form of permanent childcare is a significant obstacle to its acceptance among many Muslims."papers.ssrn.com/sol3/papers.cfm?abstract_id=2457066" Kutty believes that there is sufficient basis in Islamic jurisprudence to argue for qualified support of adoptions and even international adoptions. He writes that it is undeniable that taking care of orphans and foundlings is a religious obligation and that the best interest of children has been a recurrent theme among the various juristic schools.
|
|
The Court did not consider itself constrained by that agreement, but it came to the same view. The Court rejected the conventional options in constitutional interpretation: :The utility of adopting or applying a single all-embracing theory of constitutional interpretation has been denied. This case does not require examination of those theories or the resolution of any conflict, real or supposed, between them. The determinative question in this case is whether s 51(xxi) is to be construed as referring only to the particular legal status of "marriage" which could be formed at the time of federation (having the legal content which it had according to English law at that time) or as using the word "marriage" in the sense of a "topic of juristic classification".
|
|
In addition to the Quran and hadith, the classical theory of Sunni jurisprudence recognizes two other sources of law: juristic consensus (ijmaʿ) and analogical reasoning (qiyas). It therefore studies the application and limits of analogy, as well as the value and limits of consensus, along with other methodological principles, some of which are accepted by only certain legal schools (madhhabs). This interpretive apparatus is brought together under the rubric of ijtihad, which refers to a jurist's exertion in an attempt to arrive at a ruling on a particular question. The theory of Twelver Shia jurisprudence parallels that of Sunni schools with some differences, such as recognition of reason (ʿaql) as a source of law in place of qiyas and extension of the notions of hadith and sunnah to include traditions of the imams.
|
|
In general, a direct tax is one imposed upon an individual person (juristic or natural) or property (i.e. real and personal property, livestock, crops, wages, etc.) as distinct from a tax imposed upon a transaction. In this sense, indirect taxes such as a sales tax or a value added tax (VAT) are imposed only if and when a taxable transaction occurs. People have the freedom to engage in or refrain from such transactions; whereas a direct tax (in the general sense) is imposed upon a person, typically in an unconditional manner, such as a poll-tax or head-tax, which is imposed on the basis of the person's very life or existence, or a property tax which is imposed upon the owner by virtue of ownership, rather than commercial use.
|
|
Within its home in the Byzantine Empire, the code was translated into Greek, which had become the governing language, and adapted, in the 9th century as the Basilika. It appears as if the Latin Code was shortened in the Middle Ages into an "Epitome Codex", with inscriptions being dropped and numerous other changes made.Charles M. Radding & Antonio Ciaralli, The Corpus Iuris Civilis in the Middle Ages: Manuscripts and Transmissions from the Sixth Century to the Juristic Revival 133 (2007); pages 133-168 give a detailed account of the Code's transmission in this period. Some time in the 8th or 9th century, the last three books of the Code were separated from the others, and many other laws in the first nine books, including all of those written in Greek, were dropped.
|
|
The Shafii school also rejects two sources of Sharia that are accepted in other major schools of Islam—Istihsan (juristic preference, promoting the interest of Islam) and Istislah (public interest).Istislah The Oxford Dictionary of Islam, Oxford University PressIstihsan The Oxford Dictionary of Islam, Oxford University Press The jurisprudence principle of Istihsan and Istislah admitted religious laws that had no textual basis in either the Quran or Hadiths, but were based on the opinions of Islamic scholars as promoting the interest of Islam and its universalization goals.Lloyd Ridgeon (2003), Major World Religions: From Their Origins to the Present, Routledge, , pp. 259–262 The Shafii school rejected these two principles, stating that these methods rely on subjective human opinions, and have potential for corruption and adjustment to political context and time.
|
|
Scholars such as Kuppuswami Sastri, Ganganath Jha, and Nalini Ganguli confirmed that Radhakrishnan was distributing the notes in question since 1922. Ramananda Chatterjee, the editor of The Modern Review, refused to publish a letter by Nalini Ganguli confirming this fact, while continuing publishing Sinha's letters. The General Editor of Radhakrishnan's publisher, professor Muirhead, further confirmed that the publication was delayed for three years, due to his stay in the United States. Responding to this "systematic effort [...] to destroy Radhakrishnan's reputation as a scholar and a public figure," Summer 1929 the dispute escalated into a juristic fight, with Radhakrishnan filing a suit for defamation of character against Sinha and Chatterjee, demanding Rs. 100,000 for the damage done, and Sinha filing a case against Radhakrishnan for copyright infringement, demanding Rs. 20,000.
|
|
Laws are commonly inspired by foreign policies and experiences. Regardless of the academic discourses on whether legal transplants are sustainable as a notion in the legal theory, they are common practice. Nevertheless, the degree to which new laws are inspired by foreign examples can vary. A frequent and often justified criticism is that imported laws are not suited for a certain local context. German jurist Friedrich Carl von Savigny and his historical school of jurisprudence, which was inspired by the 19th-century Romanticism, have notably promoted the origins of the German people and their distinctive ethos, or Volksgeist (“the spirit of a people”). Savigny’s school of legal thought expressed the need of legal change to respect the continuity of the Volksgeist offering a pre-Darwinian concept of juristic evolution.
|
|
Schacht states that Shafi'i repeatedly insisted that "nothing" could override the authority of the Prophet, even if it was "attested only by an isolated tradition", and that if a hadith was "well- authenticated" (Ṣaḥīḥ) going back to the Islamic Prophet Muhammad, it had "precedence over the opinions of his Companions, their successors, and later authorities". Following the work of Goldziher before him, Schacht argues that it was al-Shāfiʻī who first elevated the sunna and its constituent traditions to great legal prominence. The material importance of the Qurʾān and ḥadīth thereafter enjoyed a status comparable to that of juristic consensus, though for al-Shāfiʻī traditions credibly attributed to the Prophet were to be considered more authoritative than those of his Companions, and indeed could supersede all other sources of legal authority.
|
|
Historians have differed regarding the exact delineation of the schools based on the underlying principles they follow. Many traditional scholars saw Sunni Islam in two groups: Ahl al-Ra'i, or "people of reason," due to their emphasis on scholarly judgment and discourse; and Ahl al-Hadith, or "people of traditions," due to their emphasis on restricting juristic thought to only what is found in scripture.Murtada Mutahhari, The Role of Ijtihad in Legislation , Al-Tawhid volume IV, No. 2, Publisher: Islamic Thought Foundation Ibn Khaldun defined the Sunni schools as three: the Hanafi school representing reason, the Ẓāhirīte school representing tradition, and a broader, middle school encompassing the Shafi'ite, Malikite and Hanbalite schools.Meinhaj Hussain, A New Medina, The Legal System, Grande Strategy, January 5th, 2012Ignác Goldziher, The Zahiris, p. 5. Trns.
|
|
In law, a legal person is any person or 'thing' (less ambiguously, any legal entity) that can do the things an everyday person can usually do in law – such as enter into contracts, sue and be sued, own property, and so on. The reason for the term "legal person" is that some legal persons are not people: companies and corporations are "persons" legally speaking (they can legally do most of the things an ordinary person can do), but they are clearly not people in the ordinary sense. There are therefore two kinds of legal entities: human and non-human. In law, a human person is called a natural person (sometimes also a physical person), and a non-human person is called a juridical person (sometimes also a juridic, juristic, artificial, legal, or fictitious person, ).
|
|
Kerr states that, in legal contexts, the word "agent" is most commonly used of a person whose activities are concerned with the formation, variation or termination of contractual obligations, and that agency has a corresponding meaning. It is the agent's position as the principal's authorised representative in affecting the principal's legal relations with third parties that is the essence of agency. The term "agency" is sometimes used more broadly, to describe both the position of an agent as representative of a principal to perform juristic acts that affect the principal's legal relations with third parties, and also a relationship of mandate in which an "agent" is bound as mandatary to carry out some task for the principal as mandator.Wanda (De Wet) "Agency" LAWSA 2 ed vol 1 § 175.
|
|
Elagabalus's family held hereditary rights to the priesthood of the sun god Elagabal, of whom Elagabalus was the high priest at Emesa (modern Homs) in Roman Syria as part of the Arab Emesene dynasty. The deity's Latin name, "Elagabalus", is a Latinized version of the Arabic Ilāh ha-Gabal, from ilāh ("god") and gabal ("mountain"), meaning "God of the Mountain",The Journal of Juristic Papyrology, volume 23, page 116: "und mit palmyrenischer Inschrift "Gott Berg" steht die umstrittene Etymologie des Namens "Elagabal" (ilah ha-gabal) fest" the Emesene manifestation of Ba'al. Initially venerated at Emesa, the deity's cult spread to other parts of the Roman Empire in the 2nd century; a dedication has been found as far away as Woerden (in the Netherlands), near the Roman limes."The Woerden Elagabal Inscription" at Livius.
|
|
Inscription honoring Aristoxénos, son of Demophon, probably benefactor of the gymnasium in Athens, late third or second century BC., Musée du Louvre Roman law ignored the concept of juristic person, yet at the time the practice of private evergetism (which dates to, at least, the 4th century BC in Greece) sometimes led to the creation of revenues-producing capital which may be interpreted as an early form of charitable institution. In some African colonies in particular, part of the city's entertainment was financed by the revenue generated by shops and baking-ovens originally offered by a wealthy benefactor.N. Tran (2008) Les cités et le monde du travail urbain en Afrique romaine, in Le quotidien municipal dans l'Occident romain, M. Cébeillac-Gervasoni, C. Berrendonner and L. Lamoine (ed.), pp. 333–48. In the South of Gaul, aqueducts were sometimes financed in a similar fashion.
|
|
The fiqh or jurisprudence of Ibadis is based on the same fundamental principles as Sunni and Shi'a juristic traditions, but the Ibadis reject taqlid or deference and stress the importance of ijtihad, or independent reasoning. Contemporary Ibadis hold that believers are allowed to follow incorrect opinions derived through ijtihad as long as they believe it to be true after having made an effort to arrive at the correct opinion; certain now-extinct Ibadi sects once held that those with incorrect opinions were disbelievers. Many early Ibadis rejected qiyas or deductive analogical reasoning as a basis for jurisprudence, but the importance of analogies is now widely accepted by Ibadi jurists. Ibadis believe that the stage of the corresponds to Muhammad's life in Mecca before the hegira, when no independent Muslim community existed that could enforce Islamic laws.
|
|
An agent's authority to perform juristic acts on the principal's behalf may be conferred impliedly: that is, rather by conduct than by the spoken or written word.See, for example, Strachan v Blackbeard & Son 1910 AD 282 at 290; Dicks v SA Fire & General Insurance Co Ltd 1963 (4) SA 501 (N). Whether such a tacit authority exists is a question of fact, dependent on the principal's intention, and is to be inferred from the agent's words and conduct, and from admissible evidence of surrounding circumstances.Dicks v SA Mutual Fire & General Insurance Co Ltd 505; Inter-Continental Financing and Leasing Corporation (Pty) Ltd v Stands 56 and 57 Industria Ltd 1979 (3) SA 740 (W) at 747-748; Glofinco v ABSA Bank Ltd (t/a United Bank) 2001 (2) SA 1048 (W) 1058; Wanda (De Wet) "Agency" LAWSA 2 ed vol 1 § 192.
|
|
10/2003, it enjoys the juristic character and economic independence to be able to meet its mandates as set forth within the law. In the framework of those mandates, there is a seeks to improve its capabilities in ensuring the availability of telecom services to all areas all through the country, which includes the economic and developmental areas in addition to the urban, rural and far off areas, as well as, Assisting to create a healthy funding environment primarily based on fair competition and same opportunities standards. Also, growing and promoting suitable techniques and rules that enhance the infrastructure improvement and use of ICT services; presenting incentives to traders through the popular service fund to encourage them to offer far areas with the fundamental telecom services. and organizing the interconnection agreements among official operators with the intention to assure efficiency and honest internet working practices inside the telecom region.
|
|
The Tanta was Justinian's enactment text of December 16, 533, which promulgated the Digest. Adolph Berger, Encyclopedic Dictionary of Roman Law (Philadelphia: American Philosophical Society 1953), "Digesta Iustiniani" at 436-437, "Tanta" at 730, "Dedoken" at 427. The 2nd-century Digesta of Salvius Iulianus was repeatedly excerpted, hundreds of times, by the compilers of the 6th-century Pandectae (or Digest), created under the authority of the Byzantine emperor Justinian I (r. 527–565). This imperial Pandect or Digest (part of the Corpus Juris Civilis) was meant by the emperor to serve as a compendium of juristic experience and learning, being drawn from the works of prior Roman jurists. "It has been thought that Justinian's compilers used [Julian's Digest] as the basis of their scheme: in any case nearly 500 passages are quoted from it."W. W. Buckland, Text-book on Roman Law (Cambridge University 1921, 3rd ed.
|
|
The land hold title right provides the owner with the right to occupy a defined and demarcated site (plot) within a blockerf in perpetuity. The holder of a land hold title right has all the rights to the plot concerned that an owner has in respect of his or her erf under the common law and may perform all the juristic acts in respect of the plot concerned that an owner may perform in respect of his or her erf under Namibia’s common law (freehold). The holder has also an undivided share in the common property which is those parts of the blockerf concerned that do not form part of any plot. Land hold title right holders are allowed to transfer, to bequeath or to lease the right. However these rights may be subject to restrictions by the group’s constitution or conditions imposed by the local authority.
|
|
Due to increase in juristic differences, the Caliph of the time, Abū Ja‘far al-Manṣūr, requested Imām Mālik to produce a standard book that could be promulgated as law in the country. The Imam refused this in 148 AH, but when the Caliph again came to the Ḥijāz in 163 AH, he was more forceful and said: > “O Abū ‘Abd Allāh, take up the reign of the discipline of fiqh in your > hands. Compile your understanding of every issue in different chapters for a > systematic book free from the harshness of ‘Abd Allāh b. ‘Umar, concessions > and accommodations of ‘Abd Allāh b. ‘Abbās and unique views of ‘Abd Allāh b. > Mas‘ūd. Your work should exemplify the following principle of the Prophet: > “The best issues are those which are balanced.” It should be a compendium of > the agreed upon views of the Companions and the elder imāms on the religious > and legal issues.
|
|
It follows that, from this juristic point of view the norms of the old order can no longer be recognized as valid norms.″ – Kelsen. Kelsen emphasized that a new legal order must be effective in order to be valid, otherwise it becomes an illegality under the “still-valid” legal order it has failed to depose, exposing its perpetrators or architects to inter alia, treason charges. Kelsen additionally theorized that in international law, a revolution or coup d'état is a valid way of changing a government as long as the new legal order has effective control over the same territory as the one before it to the end that the identity of the State in question remains the same under international jurisprudence. Only its government changes, albeit through what domestically in that state, is an “illegal” means when you consider the deposed legal order's stipulations as to what is permissible as a mode of assuming power.
|
|
He was the son of a wagonmaker and received his early education at Bamberg and probably at Nuremberg under John Cochlæus; with Paul of Schwartzenberg, canon of Bamberg, he pursued humanistic, juristic, and theological studies at Pavia, Padua, and later at Siena, there obtaining degrees in Law and Divinity. Cardinal Lorenzo Campeggio, Archbishop of Bologna and papal legate in Germany, employed him as secretary and as such Nausea was at the Diet of Nuremberg (1524), at the convention of Ratisbon, at the Diet of Ofen, and for a time at Rome. In 1524, he visited Philipp Melanchthon at the latter's home town of Bretten in an unsuccessfully attempt to return Melanchthon to Roman Catholicism. In 1525 he accepted the parish of St. Bartholomew at Frankfurt-on-the-Main and the dignity of canon, but was soon obliged to leave on account of the intrigues and riots of the Lutherans, some of which were against him.
|
|
The first, which came to be known later as "generate edictum" and probably was designed to deal only with the acts contemplated by the XII Tables, provided in terms which, as we know them, cover any form of iniuria, that an actio in factum would lie, in which the plaintiff must specify the nature of the iniuria complained of and the damages he claimed, the case to be tried by recuperatores who would fix the amount of the condemnatio. The next dealt with convicium, public insult, and there followed other edicts extending the scope of the action. These edicts expressed a profound change in the conception of the wrong, an evolution assisted by the very general form of the edictum generate, which lent itself to juristic interpretation, so that, in the law as we know it, the wrong consisted in outrage or insult or wanton interference with rights, any act. in short, which shewed contempt of the personality of the victim or was of a nature to lower him in the estimation of others, and was so intended.
|
|
Discussions of this science are presented in various parts in the works of uşūl al-fiqh. However, the best division is presented by al-Muhaqqiq al-Isfahani (d. 1940) in his last course of teaching (as narrated by his great student Muhammad Rida al-Muzaffar in his Uşūl al- Fiqh, p. 11) according to which all uşūlī topics are discussed in the four following parts: Discussions of “terms,” of “intellectual implications,” of “the authority,” and of “practical principles.” Discussions of terms deal with denotations and appearances of terms from a general aspect, such as appearance of the imperative in the obligation, that of the prohibition in the unlawfulness, and the like. Discussions of intellectual implications survey implications of precepts even though such precepts may not be inferred from terms, such as discussing truthfulness of mutual implication of intellectual judgments and juristic precepts, of obligation of something necessitating obligation of its preliminaries (known as “the problem of preliminary of the mandatory act”), of obligation of something necessitating unlawfulness of its opposite (known as “the problem of the opposite”), of possibility of conjunction of the command and the prohibition, and so on.
|
|
The question of whether an authority conclude a juristic act on behalf of another can be granted irrevocably is a controversial one.The Firs Investment Ltd v Levy Bros Estates (Pty) Ltd 886. See Wanda (De Wet) "Agency" LAWSA 2 ed vol 1 § 199; De Villiers & Macintosh Agency 616-617 n29; Kerr Agency 243-251; Joubert (1969) 32 THRHR 263. It has been held, in a number of cases, that an authority is irrevocable, in the strict sense, where the agent is appointed procurator in rem suam: that is, where the agent is authorised to do an act for the agent's own benefit, and not for the principal's; or, as it is generally styled, the authority is "coupled with an interest" or "forms part of a security,"Natal Bank Ltd v Natorp & Registrar of Deeds 1908 TS 1016; Hunt, Leuchars & Hepburn Ltd: In re Jeansson (1911) 32 NLR 493; Glover v Bothma 1948 (1) SA 611 (W) at 625-626. See also Van Niekerk v Van Noorden (1900) 17 SC 63; Botha v Schultz 1966 (2) SA 615 (O). See Ward v Barrett; Kotsopolous v Bilardi 1970 (2) SA 391 (C); Consolidated Frame Cotton Corporation Ltd v Sithole 22-23.
|
|