The article constitutes the second part of a review of judicature of the Supreme Court in 2020. It presents fundamental theses and motifs regarding the issue of real estate trade in rulings issued by ...the Civil Law Division of the Supreme Court, mostly concerning individual limited property rights, ownership, land registers and reprivatisation (of Warsaw lands on the basis of the Decree on Ownership and Usufruct of Land in the Area of the Capital of Warsaw of 26 October 1945). The review particularly presents the most imperative theses on the effects of joint inheritance of property by the entitled to easements, the acquisition of a quasi-transmission easement, (easement appurtenant that corresponds with transmission easement in terms of content), inter-temporal matters associated with settling mortgages, but also notions of real estate prescription.
Indonesia was constitutional state based on Pancasila. Thus, it was called Pancasila constitutional state.It wasdifferent from Rechtsstaat or the rule of law. All regulations in Indonesia might not ...contradict Pancasila as thesource of all constitution. Pancasila constitutional state had a special characteristic namely the harmonyrelation between government and people based on harmony principle: functional relation which was proportionalamong the powers; the balance between right and obligation; the guarantee to the freedom of religion inpositive connotation; good relation between religion and state; and the solution principle of disagreementthrough discussion and judicature as the last medium. Based on the last characteristic, it could be known thatthe solution for every quarrel or disagreement that happened was discussion to reach an agreement. If it did notwork, then the judicature as the last way was taken fairly based on value of Pancasila. Besides, judicature alsohad to be done as the principles of good judicature.
The Bharatiya Janata Party (BJP) may have officially declared war on the hijab in 2022, but the Hindu right’s battle strategy has been set in place since at least 2014 when the BJP rose to power ...under the leadership of Narendra Modi. A tenacious master of populism, the BJP has successfully altered the mainstream Hindu perception of the Muslim as a threat to secularism. Within this imaginary, Muslims are believed to constantly seek exemptions from the secular regulations constraining the Hindu community.
This article presents a problem of the abuse of law clause with respect to VAT that gives rise to numerous disputes between tax authorities and taxpayers. It aims at comprehensively discussing this ...problem, in the context of the source literature as well as national and EU legislation and case law. The issue presented in this article is important for the operations of enterprises. A principal conclusion is that in each case, tax authorities and administrative courts must examine the transaction and all its aspects in their entirety in terms of their actual nature and objective. This boils down to investigating whether the only objective of a given transaction is to obtain an undue tax advantage, or whether such an advantage is merely gained by an entity “along the way”.
This miscellany reviews a substantial contribution to the research on German judicature and legal culture in the early 19
century by legal historian Clara Günzl: “Eine andere Geschichte der ...Begründungspflicht. Sichtweisen des frühen 19. Jahrhunderts” (2021). Her solid reconstruction is far more convincing than the older contribution of Stephan Hocks: “Gerichtsgeheimnis und Begründungszwang” (2002). The second part of the miscellany outlines that nevertheless further research has to be conducted to understand the development from a cross-epochal point of view, especially concerning the function of the so called Aktenversendung (transmissio actorum) to the law faculties of the German universities.
The paper tries to provide an answer to a question why a ruler of the Narentines was called a judge. When making a comparison between Drosaico and other occurrences of the title of judge at that ...time, it can be concluded that none of them was authorised to lead foreign policy. Such right was solely the ruler's one. While researching why a ruler had a title of a judge, an interpretation suggests that at that time the ruler also became the supreme judge in the state and that that judicial authority was the most prominent one, hence the title. That information can be put into relation to the monk Simeon's, the erstwhile a great mayor, Stefan Nemanja, Hilandar Charter where Rad's and George's judicature were mentioned. That meant that in this case the process of providing peace shifted from the social community to the Vlach elders as their supreme judges. However, it did not mean that the rulers or the Vlach elders adjudicated disputes but that they became the highest judicial instance.
The existing research on the judicial system as the subject of environmental regulation has largely ignored in the Porter Hypothesis. Using the establishment of the environmental court in China, we ...construct the time-varying difference-in-differences model and use it to examines the rationality of the Porter Hypothesis. The main findings of this study are as follows: (1) as an effective form of environmental regulation, environmental courts significantly improve the level of enterprises’ green technology innovation, which demonstrates the Porter hypothesis positively in China; (2) the establishment of environmental courts can effectively enhance the quality of green technology innovation, and the effect is more significant amongst non-state enterprises and heavily polluting enterprises; (3) The possible mechanisms for the effect of environmental courts on enterprises’ green technology innovation are further verified, including enhancing the environmental attention from government and green financial support from the market. Through the findings of this study, we are able to uncover the effects of environmental judicature on enterprises’ green technology innovation and provide a practical foundation for the development of environmental judicature specialisation.
Lübeck (1819–1835). This miscellany reviews an important contribution to the research on German judicature in the 19
century by legal historian Peter Oestmann: “Zur Gerichtspraxis im 19. Jahrhundert. ...Ein Schmuggeleiprozess am Oberappellationsgericht Lübeck”, two parts, 2019. His edition contains the complete text of five case files of a fiercely contested civil trial, the so-called “smuggling case”. The judges, headed by their presiding judge Arnold Heise, a former professor in Heidelberg and Göttingen and famous representative of the German Pandektenwissenschaft, did their very best. Nevertheless, it took them 16 years to put an end to this intractable legal and social conflict. The far from convincing result of their efforts raises questions, outlined in the second part of the miscellany. Further research has to be conducted to reach conclusions.
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