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Articles de revues sur le sujet « Civil law community »

Auteur : Grafiati

Publié le 7 juin 2025

Mis à jour le 2 août 2025

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1

BRETT, ANNABEL. "NATURAL RIGHT AND CIVIL COMMUNITY: THE CIVIL PHILOSOPHY OF HUGO GROTIUS." Historical Journal 45, no. 1 (2002): 31–51. http://dx.doi.org/10.1017/s0018246x01002102.

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Hugo Grotius has always been viewed as a theorist of either international or natural law. However, these designations obscure the civic focus of his work, from his early republican treatises through to De iure belli ac pacis. From sixteenth-century humanist and legal-humanist Aristotelianism, Grotius constructed a framework of natural right which enabled him on the one hand to locate the origins of the civil community in natural man's juridical capabilities, but on the other to give this ‘city’ a large measure of juridical autonomy in respect of the moral norms of natural law. In this he diver

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Adiasih, Ning, Gandes Candra Kirana, Indra Krestianto, Rinandu Kusumajaya Ningrum, and Ramadhana Bachry. "CIVIL LAW AND CIVIL PROCEDURE EDUCATION FOR THE COMMUNITY: BUILDING LEGAL AWARENESS IN ECONOMIC TRANSACTIONS." Community Development Journal : Jurnal Pengabdian Masyarakat 6, no. 2 (2025): 2586–92. https://doi.org/10.31004/cdj.v6i2.42949.

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The significance of legal education, particularly in the realms of civil law and civil procedure law, cannot be overstated in fostering legal awareness among the public. This paper aims to examine the role of civil law education and civil procedure law education in enhancing public legal consciousness within economic transactions. By employing a qualitative analytical approach, this study delves into the theoretical frameworks that support legal education and explores empirical evidence from various studies published in the past five years. The analysis demonstrates that a robust understanding

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Vasiliev, A. S., and A. A. Kalistratov. "Applicability of Contract Law Principles to Relations between Participants in Civil Law Communities." Actual Problems of Russian Law 20, no. 1 (2024): 98–110. https://doi.org/10.17803/1994-1471.2025.170.1.098-110.

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The paper substantiates the applicability of contract law principles to relations between majority and minority participants in civil law communities. Majority shareholders, by suppressing the will of minority shareholders in making decisions at the meeting, have obligations to conduct someone else’s business, which are of a contractual nature. The volitional principle in the relations of various participants in civil law communities and parties to the agreement is compared. Studying corporations, whose bodies represent the most doctrinally developed civil law communities, we demonstrate both

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Yulanda, Lani Regina. "Inheritance of Community Property in Melayu Siak Community." International Journal of Multicultural and Multireligious Understanding 6, no. 3 (2019): 234. http://dx.doi.org/10.18415/ijmmu.v6i3.818.

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The existence of legal events in the form of death results in inheritance regulated by certain inheritance laws. In Indonesia, there is still inheritance legal pluralism, including civil inheritance law, Islamic inheritance law and customary inheritance law. In Melayu Siak community, where Islamic law and customary law are their living laws, there are differences in those two laws regarding the inheritance which then raises the question of which law will apply. This study utilizes a qualitative descriptive method with an empirical juridical legal research approach. Research data are collected

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Triningsih, Anna. "Pengadilan Sebagai Lembaga Penegakan Hukum (Perspektif Civil Law dan Common Law)." Jurnal Konstitusi 12, no. 1 (2016): 134. http://dx.doi.org/10.31078/jk1218.

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Law, as an justice institution run its functions through a specific process towards a certain direction in order to achieve justice. Justice now a days is needed as something concrete as the fulfillment of the most basic needs of the community. Law enforcement, in parliamentary life is run by the Government (the executive organs) and through the courts (judicial organ).There are different approaches in law enforcement. The rule of law in the Civil Law System which is shared by the countries in the European continent or land use law, also known as legal approach. In the Common Law System which

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Boldyrev, V. A. "THE CIVIL LAW STATISTICS." METODOLOGICAL PROBLEMS OF THE CIVIL LAW RESEARCHES 3, no. 3 (2021): 232–56. http://dx.doi.org/10.33397/2619-0559-2021-3-3-232-256.

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Introduction: comparison of dissertations in civil law with dissertations in other legal specialties, especially the criminal law cycle, inevitably leads to the idea that there are no fundamental civil law works in Russian legal science, which would be based on a statistical analysis of empirical material. Dissertation candidates often confirm or deny by one or another case or a set of them their idea, which has real or imaginary scientific value. Often, the study of a wide group of cases becomes the foundation for deep scientific conclusions, changes in the initial views of the dissertation c

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Pietersz, Jemmy Jefry, Barzah Latupono, and Sarah Selfina Kuahaty. "Sosialisasi Hukum Tentang Hak-Hak Keperdataan Masyarakat Yang Timbul Dari Perkawinan Dan Perjanjian." AIWADTHU: Jurnal Pengabdian Hukum 4, no. 3 (2024): 135. http://dx.doi.org/10.47268/aiwadthu.v4i3.2399.

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Introduction: Society as a legal subject has civil rights in legal interactions within the community. These civil rights come in many forms, and the socialization carried out includes marriage rights and contract rights. Therefore, legal socialization is necessary to provide enlightenment regarding civil rights.Purposes of Devotion: The purpose of this community service is to transform information and legal knowledge related to civil rights of the community.Method of Devotion: The outreach activities are carried out by conveying a) information and legal knowledge; b) dissemination of marriage

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Gerber, David J., Ulrich Immenga, and Ernst-Joachim Mestmacker. "Authority, Community and the Civil Law Commentary: An Example from German Competition Law." American Journal of Comparative Law 42, no. 3 (1994): 531. http://dx.doi.org/10.2307/840700.

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Hoa, Duong Quynh. "Globalization and Development Trends of Vietnam’s Civil Law." International Law Research 6, no. 1 (2017): 145. http://dx.doi.org/10.5539/ilr.v6n1p145.

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This article studies the development trends of Vietnam civil law in the globalization context. We focus on civil law, globalization and current development trends of Vietnam civil law. The interview results on 12 civil law experts indicated the current situation of Vietnam’s civil law and its development trends. The law tends to develop with the combination of nationality, internationalization, and self-development. The interview results showed some considerable achievements of the current Vietnam civil law in promoting and protecting the legitimate rights and benefits of individuals, organiza

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Freed, Joshua. "Baptism and Civic-Membership in Medieval and Early Modern Law." History of Political Thought 45, no. 2 (2024): 229–56. http://dx.doi.org/10.53765/20512988.45.2.229.

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Baptism is a theological and religious sacrament by which individuals become Christians. This article shows that in medieval and renaissance law, baptism was also a civil legal event which could grant civilitas. From the Siete Partidas onwards, baptism was taken to be a legitimate origin of natural obligations within a community. As jurists like Lucas de Penna bridged the legal gap between spiritual matters (spiritualia) and temporal matters (temporalia), jurists and theorists alike could argue that baptism ought to change one’s legal origin (patria or origo) or liberate them from certain civi

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Alpa, Guido. "European Community Resolutions and the Codification of ‘Private Law’." European Review of Private Law 8, Issue 2 (2000): 321–34. http://dx.doi.org/10.54648/268927.

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Alpa provides an examination of the problems and prospects for the development of a European private law. As a protagonist of the harmonisation of private law through codification, he first identifies the work in progress and some of the broad issues that have had to be addressed (such as the need to develop rules that transcend national characterisations of sphere of private law and the distinction between civil and commercial laws). He then sets out the advantages of a unified private law: rules in conflict between themselves in the various countries of the European Union can develop as a re

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Dacoronia, Eugenia. "The Development of the Greek Civil Law: From its Roman – Byzantine Origins to its Contemporary European Orientation." European Review of Private Law 11, Issue 5 (2003): 661–76. http://dx.doi.org/10.54648/erpl2003041.

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Abstract: In this article, the author sketches a picture of the development of Greek Civil Law, ranging from its historical roots to the challenges of the 21st century. Along this journey, she gives an overview of the structure and ideas of the Greek Civil Code; in particular, the law of obligations, tort law, property law, family law and inheritance law are addressed. After describing a host of amendments, the author discusses two characteristics of modern Greek Civil Law: the interpretation of the Greek Civil Code in the light of constitutional law, and the impact of Community measures.

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Vinichenko, Yu V., and D. Pan. "ON THE DISCIPLINARY MATRIX OF CIVIL LAW SCIENCE: SETTING THE SCIENTIFIC TASK." METODOLOGICAL PROBLEMS OF THE CIVIL LAW RESEARCHES 3, no. 3 (2021): 31–49. http://dx.doi.org/10.33397/2619-0559-2021-3-3-31-49.

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Introduction: the article intends to draw the attention of the scientific legal community, especially scientists in the area of civil law, to the status of methodological elaboration of conceptual apparatus of the basis of civil law science. Authors accepted the term “disciplinary matrix”, which is proposed by T. Kuhn, to designate a system of such concepts and a system of scientific knowledge objectified in the concepts. Goal: to substantiate the development of a disciplinary matrix of civil law as one the main aims of the present science. Methods: authors used general scientific and special

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Sugiyono, Heru, Suprima Suprima, and Aji Lukman Ibrahim. "Increasing The Family Law Aspects Understanding For Depok City Community." ABDIMAS: Jurnal Pengabdian Masyarakat 4, no. 2 (2022): 825–35. http://dx.doi.org/10.35568/abdimas.v4i2.1382.

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Family law is part of the clump of civil law that discusses the problems of civil relations in a family, including marriage, divorce, inheritance, and so on. The purpose of this service is to provide an understanding of aspects of family law for the people of Depok. The method used in the implementation of the service is to provide counseling to the people of Kampung Pulo, Leurahan Beji Depok through the media zoom meeting. The results of community service show that some people in the city of Depok, especially in Kampung Pulo, Beji Depok Village, still do not understand the efforts that must b

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Doliwa, Adam. "Notes on the Invalidity of a Legal Transaction Contrary to the Principles of Community Life in Polish Civil Law – Against the Background of Court Jurisprudence." Europejski Przegląd Prawa i Stosunków Międzynarodowych, no. 1/2025/73 (April 2, 2025): 52–66. https://doi.org/10.52097/eppism.9656.

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The purpose of this article is to analyze the judicial application of civil law in assessing the content of legal transactions from the point of view of the general clause of principles of community life. The starting point for detailed consideration is to determine the system of extra-legal values on which Polish civil law is based. The importance of equity and justice in civil law relations becomes apparent through judicial review of the content of legal transactions. The consequence of the contradiction of the content or purpose of a legal transaction with the fundamental values referred to

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Hayani, Sri, Zainal Arifin Hoesein, and Fauziah Fauziah. "Analisis Penerapan Hukum Waris Adat dan Hukum Waris Islam di Masyarakat Seberang Kota Jambi." Jurnal Hukum Jurisdictie 3, no. 1 (2021): 97–115. http://dx.doi.org/10.34005/jhj.v3i1.42.

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Regulations regarding inheritance in Indonesia still have pluralism, namely Islamic inheritance law and civil inheritance law. Civil inheritance law is further divided into civil inheritance law which is subject to the Civil Code and civil inheritance law which is subject to customary inheritance law (sourced from customary law which is different in each region). The diversity in the law cannot be found from the classifications in society that have been carried out since the colonial era. The division of the Indonesian population is based on Article 131 IS and Article 163 IS. (Indische Staats

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JOURDAIN, PATRICE. "THE PRICIPLES OF CIVIL LIABILITY (finale)." Civil Law Review 22, no. 1 (2022): 200–229. http://dx.doi.org/10.24031/1992-2043-2022-22-1-200-229.

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The French law of obligations has been undergoing significant changes in the recent years. The French contract law reform came to the end in 2018. The next set of the changes relates to the civil liability issues. A translation of a book written by one of the key French authors in this field, which translation is proposed to divide into several parts and to so make it available for the Russian legal professional community, helps to better explore the material and to clearer understand the main principles which the French approach on the fundamental problems of the civil law liability is based

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JOURDAIN, PATRICE. "The Principles of Civil Liability (continuation)." Civil Law Review 21, no. 6 (2022): 154–93. http://dx.doi.org/10.24031/1992-2043-2021-21-6-154-193.

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The French law of obligations has been undergoing significant changes in the recent years. The French contract law reform came to the end in 2018. The next set of the changes relates to the civil liability issues. A translation of a book written by one of the key French authors in this field, which translation is proposed to divide into several parts and to so make it available for the Russian legal professional community, helps to better explore the material and to clearer understand the main principles which the French approach on the fundamental problems of the civil law liability is based

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JOURDAIN, PATRICE. "THE PRICIPLES OF CIVIL LIABILITY (beginning)." Civil Law Review 21, no. 4 (2021): 212–41. http://dx.doi.org/10.24031/1992-2043-2021-21-4-212-241.

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The French law of obligations has been undergoing significant changes in the recent years. The French contract law reform came to the end in 2018. The next set of the changes relates to the civil liability issues. A translation of a book written by one of the key French authors in this field, which translation is proposed to divide into several parts and to so make it available for the Russian legal professional community, helps to better explore the material and to clearer understand the main principles which the French approach on the fundamental problems of the civil law liability is based

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JOURDAIN, PATRICE. "THE PRINCIPLES OF CIVIL LIABILITY (continuation)." Civil Law Review 21, no. 5 (2021): 233–55. http://dx.doi.org/10.24031/1992-2043-2021-21-5-233-255.

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The French law of obligations has been undergoing significant changes in the recent years. The French contract law reform came to the end in 2018. The next set of the changes relates to the civil liability issues. A translation of a book written by one of the key French authors in this field, which translation is proposed to divide into several parts and to so make it available for the Russian legal professional community, helps to better explore the material and to clearer understand the main principles which the French approach on the fundamental problems of the civil law liability is based

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Sandira, Medi, Siti Rochmiyatun, and Yusida Fitriyati. "Pembagian Harta Waris Menurut Kebiasaan Masyarakat Desa Sanding Marga Perspektif Hukum Waris Islam dan KUHPerdata." Muqaranah 7, no. 1 (2023): 75–90. http://dx.doi.org/10.19109/muqaranah.v7i1.18401.

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Indonesian people have their own habits regarding the distribution of inheritance, such as those in the Sanding Marga Village community. The people of this village do not carry out inheritance distribution as determined by Islamic law. Thus, this study aims to examine the distribution of inheritance in the Sanding Marga village community in the perspective of Islamic inheritance law and civil law. The problem in this research is how to analyze Islamic inheritance law and civil law on the habit of dividing inheritance in the people of Sanding Marga Village. This research is a field research wit

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Betlem, Gerrit, and Gerrit Betlem. "European Private Law after the Treaty of Amsterdam." European Review of Private Law 9, Issue 1 (2001): 3–20. http://dx.doi.org/10.54648/335681.

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The communitarization of the private law of the Member States has been given a significant impetus by the transfer of EC competence regarding judicial cooperation in civil matters from the third to the first pillar of the European Union. That is to say, under a new title of the EC Treaty, a single judicial area will be established; in terms of private law, the fields of private international law is involved to a large extent, whereas the civil procedure of the Member States will be affected to a lesser extent. In particular, the Community is in the process of transforming a number of conventio

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Canady, Valerie A. "HHS final rule promotes community integration, civil rights protections." Mental Health Weekly 34, no. 20 (2024): 1–3. http://dx.doi.org/10.1002/mhw.34049.

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More than 50 years after the implementation of Section 504 of the Rehabilitation Act of 1973 — a federal law prohibiting disability discrimination in programs and activities that receive federal financial assistance — the U.S. Department of Health & Human Services (HHS) earlier this month issued a final rule to clarify several crucial areas not explicity addressed in the current rule.

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Truchan-Matłok, Magdalena. "MARITAL INTERDEPENDENCE IN A BUSINESS CONDUCTED AS PART OF A CIVIL LAW PARTNERSHIP AND A COMMERCIAL PARTNERSHIP." Roczniki Administracji i Prawa 1, no. XIX (2019): 383–99. http://dx.doi.org/10.5604/01.3001.0013.3611.

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The author discusses the concept of marital interdependencies while running a business in the form a civil law partnership and a commercial partnership. Firstly, a brief outline of the issues in question is provided. The second chapter presents the characteristics of joint ownership. The third chapter discusses the spouse as an entrepreneur in a civil law partnership. The fourth chapter is the continuation of the previous chapter, extended to include the concept of a civil law partnership entered into by one of the spouses prior to the establishment of statutory community property regime and f

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Betlem, Gerrit. "Standing for Ecosystems—Going Dutch." Cambridge Law Journal 54, no. 1 (1995): 153–70. http://dx.doi.org/10.1017/s0008197300083197.

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Traditionally, common lawyers are used to examining other jurisdictions of their legal family as a source of inspiration for law reform or even as persuasive authority for the development of case law. Developments in continental civil law jurisdictions are less noted. However, particularly in the field of public law, English law is now being influenced by civil law concepts through the mediation of Community law.1 Product liability provides an example in private law of rules shared by the civil and common law jurisdictions of the European Union due to harmonisation by the Product Liability Dir

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Thoma, Ioanna. "La Définition et l'exercice des Compétences Externes de la Communauté Européenne au Domaine de la Coopération dans les Matières Civiles Ayant une Incidence Transfrontiere." European Review of Private Law 10, Issue 3 (2002): 397–416. http://dx.doi.org/10.54648/5091681.

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Before the coming into force of the Treaty of Amsterdam, the cooperation in civil and judicial matters was realized under the institutional framework of the third pillar and particularly via the classical type of international conventions/ treaties concluded between the Member States. Article 65 of the Treaty of Amsterdam transferred part of the cooperation in civil and judicial matters from the third to the first pillar, which consequently led to the adoption of first pillar legal instruments in this field. In the current article, we aim at drawing the present picture of external competences

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Emeralda, Nadya Rizki, and Siti Hamidah. "Rekonstruksi Pencatatan Perkawinan Berdasarkan Relevansi Antara Hukum Administrasi Negara dengan Hukum Administrasi Sipil." Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan 7, no. 1 (2022): 87. http://dx.doi.org/10.17977/um019v7i1p87-98.

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This study aimed to analyze the problems of enforcing civil administrative law in marriage registration and the concept of reconstructing marriage registration based on the relevance of state administrative law to civil administrative law. The method used in this study was normative juridical with a statutory approach and a conceptual approach. The problems of enforcing civil administration law in marriage registration include general problems related to administration, such as errors in identity writing and the organization of administrative institutions, which were full of personnel manageme

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Лик and Jan Lic. "The problem of joint co-ownership in a Polish civil law partnership." Administration 2, no. 3 (2014): 71–75. http://dx.doi.org/10.12737/5640.

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The problem of joint co-ownership in a Polish civil law partnership constitutes one of the most complex and contentious problems in Polish civil law. On one hand, there are many reasons why a civil law partnership should have legal capacity, capacity to be a party in civil cases, bankruptcy capacity and a status of an entrepreneur. On the other hand, the system of joint co-ownership precludes the partnership from being accorded that status. Recognising the legal capacity of a partnership would mean that it is a carrier of rights and obligations. This, however, would be defied by the system of

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Saragih, Jekson, Ruth Yesika Siahaan, Esra Natasya Sitepu, et al. "Pembagian Warisan bagi Anak Perempuan Menurut Hukum Adat Masyarakat Mandailing dan Perdata Islam." Journal on Education 6, no. 4 (2024): 20571–79. http://dx.doi.org/10.31004/joe.v6i4.6119.

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The Mini Research Assignment for Group 4 from Class B PPKn 2022 is entitled: "Division of inheritance for girls according to the customary laws of the Mandailing community and Islamic civil law (case study of the Tanjung Mompang village community)". This Mini Research examines the position of daughters of the Mandailing Indigenous community in the distribution of inheritance according to the customary law that applies in the Mandailing community as well as according to the distribution of Islamic civil inheritance. The aim of this research is to find out the position of daughters of the Mandai

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Syam, Misnar, Ismansyah Ismansyah, Busyra Azheri, and Muhammad Hasbi. "Consumer protection enforcement law characteristics on civil law aspects in Indonesia." Linguistics and Culture Review 5, S2 (2021): 1471–81. http://dx.doi.org/10.21744/lingcure.v5ns2.1976.

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Law enforcement on consumer protection reflects the norms or rules of consumer protection law that apply in the community to be obeyed. The use of law enforcement instruments in consumer protection is a civil lawsuit that can be made by consumers, either individually or in groups, non-governmental organizations and the government. Consumer protection is something that is very important, because basically all humans are consumers. This consumer protection has been regulated in Law Number 8 of 1999 concerning Consumer Protection (hereinafter referred to as UUPK). The purpose of this law is to ba

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Ismail Adua, Mustapha, and Nik Salida Suhaila Nik Saleh. "AUT DEDERE AS ERGA OMNES TO SUPPRESS CIVIL AVIATION CRIMES UNDER THE INTERNATIONAL CIVIL AVIATION LAW: THE ISLAMIC PERSPECTIVE." Malaysian Journal of Syariah and Law 12, no. 1 (2024): 77–90. http://dx.doi.org/10.33102/mjsl.vol12no1.537.

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Aut dedere (extradition) is an erga omnes obligation towards the international community aimed at closing the gate of safe haven so that the international criminal will face the consequence of his heinous act directed at the international community from the requesting state. The term aut dedere has not been used in conventions or treaties until the eighteenth century. This paper examines the necessity of integrating the doctrine of 'aut dedere' (extradition) into International Aviation Conventions to combat civil aviation offenses and seeks to explore its treatment under Islamic law, and the p

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Al Alawi, Mubayyin, Suyud Arif, and Hilman Hakiem. "VIEW OF ISLAMIC LAW AND CIVIL LAW ON THE DIVISION OF JOINT PROPERTY POST-DIVORCE." Mizan: Journal of Islamic Law 7, no. 2 (2023): 117. http://dx.doi.org/10.32507/mizan.v7i2.2356.

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Abstract: Joint property is property acquired either individually or jointly by the husband and wife during the marriage bond, regardless of the name of the item. The purpose of this research is to find out the distribution of joint assets after divorce according to Islamic law and civil law and the benefits of the research that the results of this research can provide knowledge for academics in studying law, especially marriage law. For the community as information material or input for the process of fostering legal awareness for the community to minimize the occurrence of disputes regarding

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Ma, Zunbiao. "Addition of an Independent Injunction Procedure to the Codification of the Code of Civil Procedure." Academic Journal of Management and Social Sciences 6, no. 2 (2024): 107–13. http://dx.doi.org/10.54097/msxt1324.

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This paper discusses the establishment of an independent injunction procedure in the codification of civil procedure law. Civil procedure law is an important guarantee for the effective implementation of the substantive law civil code, so the codification of civil procedure law is an important way to build a legal system, promote the rule of law in civil procedure, and improve the level of the rule of law. However, in response to the infringement of personality rights, the civil code provides for a system of preventive claims, the traditional civil procedure cannot effectively meet the needs o

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Piddubna, V. "Some legal aspects of the territorial community as a subject of law." Analytical and Comparative Jurisprudence, no. 6 (December 16, 2024): 345–50. https://doi.org/10.24144/2788-6018.2024.06.56.

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It is indicated that in the system of civil legal relations, territorial communities act as equal subjects along with other participants. However, modern legal doctrine and current legislation are characterized by the lack of a unified understanding of the legal status of territorial communities. In addition, the issues of their legal personality and the peculiarities of the mechanisms for implementing their participation in civil legal relations remain insufficiently studied. In the article, the author examines territorial communities as subjects of law. The author considers approaches to the

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Onwuachi-Willig, Angela, and Anthony Alfieri. "Racial Trauma in Civil Rights Representation." Michigan Law Review, no. 120.8 (2022): 1701. http://dx.doi.org/10.36644/mlr.120.8.racial.

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Narratives of trauma told by clients and communities of color have inspired an increasing number of civil rights and antiracist lawyers and academics to call for more trauma-informed training for law students and lawyers. These advocates have argued not only for greater trauma-sensitive practices and trauma-centered interventions on behalf of adversely impacted individuals and groups but also for greater awareness of the risks of secondary or vicarious trauma for lawyers who represent traumatized clients and communities. In this Article, we join this chorus of attorneys and academics. Harnessi

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TONDA, Bienvenu KINSALA. "ANCRAGE DU PATRIOTISME DANS LA CONSOLIDATION DE L’ETAT DE DROIT EN REPUBLIQUE DEMOCRATIQUE DU CONGO." Revue Intelligence Stratégique 08, no. 20 (2025): 337–48. https://doi.org/10.62912/irno112.

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This article proposes patriotism as a strategic lever for strengthening democracy and restoring the legitimacy of the state in a context of citizen mistrust and social fragmentation. The article distinguishes civic patriotism, based on attachment to the nation and republican values, from exclusive nationalism. This civic patriotism encourages respect for the law, civic commitment and the promotion of the general interest, thus becoming a driving force for social cohesion and collective responsibility. It highlights several weaknesses in the rule of law in the DRC: a judiciary under the influen

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Betlem, Gerrit. "TORTS, A EUROPEAN IUS COMMUNE AND THE PRIVATE ENFORCEMENT OF COMMUNITY LAW." Cambridge Law Journal 64, no. 1 (2005): 126–48. http://dx.doi.org/10.1017/s0008197305006811.

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THERE is a lively debate among scholars in Europe about how, if at all, the private laws (tort, contract, property) of the European nation states should be harmonised. Views range from no harmonisation at all, soft law methods such as models contained in Principles, step by step case law developments, to a fully fledged binding European Civil Code. Another hotly debated issue is the disharmonisation (fragmentation) of domestic systems of private law as a result of current and ongoing EC level harmonisation. The prime consequence of this partial legislative intervention is an enhanced role for

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Keliat, Raihana Jihan Sabhira, and Tamaulina Br Sembiring. "Distribution of Inheritance According to Customary Law and Civil Law in Indonesia." Ipso Jure 1, no. 3 (2024): 1–7. http://dx.doi.org/10.62872/x1yp5934.

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This research aims to analyze the distribution of inheritance according to customary law and civil law in Indonesia, considering that this process involves complex financial, emotional and social aspects. In Indonesia, each region has customs that complement its cultural diversity, and the interaction between customary law and civil law in the inheritance distribution process shows unique and often complex dynamics. In this context, civil law plays a vital role in creating a just and prosperous society. In contrast, customary law is deeply related to ways of life developed, shared and passed d

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VAUDRY, Ernest, and Susan ALTSCHUL. "USING CIVIL LAW TRUSTS FOR AFFORDABLE HOUSING: A COMMUNITY LAND TRUST MODEL." Revue du notariat 106, no. 1 (2004): 75. http://dx.doi.org/10.7202/1045841ar.

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Khalabudenko, Oleg. "A critical look at the policy of law in the context of the reform of the civil code of Ukraine (some methodological remarks)." Law Review of Kyiv University of Law, no. 2 (August 10, 2020): 259–62. http://dx.doi.org/10.36695/2219-5521.2.2020.47.

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The questions regarding the current status of Civil Law and its development prospects are being determined by the legal systemsconvergence processes. Under these conditions, the convergence of the legal methodological approaches accepted among the relevantlegal communities is an essential issue.The author notes the modern civil law lost the historical grounds that had been a base for European Continental law, as a consequence,the focus is shifting exclusively to the legal policy factor of civil law development. At the same time, the author remarks thatthe current experience of a convergence be

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Larantukan, Rafael Suban, and Rosalinda Elsina Latumahina. "Perspektif Hukum Perdata Indonesia dan Hukum Kanonik terhadap Perceraian dalam Komunitas Katolik." Journal Evidence Of Law 4, no. 1 (2025): 82–88. https://doi.org/10.59066/jel.v4i1.1011.

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The objective of this study is to analyze the legal validity of divorce within the Indonesian Civil Law system and Canon Law of the Catholic Church, as well as to identify its legal implications for Catholics in Indonesia. Under Indonesian Civil Law, divorce is considered valid based on specific grounds such as adultery, domestic violence, and continuous disharmony. In contrast, Canon Law of the Catholic Church views marriage as a perpetual sacrament that cannot be dissolved except through an annulment, which requires specific conditions. This study employs a normative juridical approach using

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Utomo, Abdulah Rafi. "Analisis Hukum Perdata terhadap Perubahan dan Penambahan Nama pada Seseorang." Proceedings Series on Social Sciences & Humanities 17 (July 30, 2024): 382–86. http://dx.doi.org/10.30595/pssh.v17i.1147.

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Civil law analysis of changes and additions to a person's name This study refers to the civil law analysis of changes and additions to a person's name. This study uses a standard legal approach with descriptive research methods and qualitative analysis. The data used are secondary data obtained through bibliographic and documentary research. The results of the study indicate that changes and additions to a person's name can be done with procedures in accordance with civil law. Name changes can be done by submitting a name change application to the court and following the established procedures

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Djun’astuti, Erni, Muhammad Tahir, and Marnita Marnita. "Studi Komparatif Larangan Perkawinan Antara Hukum Adat, Hukum Perdata dan Hukum Islam." AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam 4, no. 2 (2022): 119–28. http://dx.doi.org/10.37680/almanhaj.v4i2.1574.

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This study aims to thoroughly implement the Prohibition of Marriage from the Perspective of Customary Law, Civil Law, and Islamic Law. Second, describe the application of sanctions for violations of marriage prohibitions according to customary law, civil law, and Islamic law. Third, analyze prevention efforts to avoid infringements of the Prohibition of Marriage. The research method used is a qualitative research type, with a descriptive-analytic way applying a literature and literature study approach accompanied by observations on applications that occur in the community. Currently, in Indone

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Suistianisa, Indang Amadea, and Ahdiana Yuni Lestari. "Hukum Keperdataan dan Bisnis dalam Ruang Lingkup Pengadaan Barang dan Jasa." Proceeding Legal Symposium 1 (April 14, 2023): 94–111. http://dx.doi.org/10.18196/pls.v1i1.91.

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National development rests on the procurement of goods and services by providing maximum service to the community. The implementation of goods and services procurement activities has the objective of driving an economy based on the mission to grow decent and good jobs, as well as being able to increase foreign power in terms of vendors by increasing a growth chart in the economic sector. The implementation of the procurement of goods and services requires the role of civil law and business law aspects in supporting each of its activities, based on the existence of an agreement or contract in w

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Li, Yun. "La internacionalización del derecho civil de contratos." Misión Jurídica 17, no. 27 (2024): 163–81. https://doi.org/10.25058/1794600x.2465.

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"Globalization," "globality," "harmonization," and "integration" are concepts characteristic of the early 20th century that, in the legal sphere, have gained increasing relevance, especially in relation to Contract Law. But what do these notions mean in this context? And what effects are these phenomena generating?Internationalization, harmonization, and integration are reflected in legislation, particularly in the fact that the harmonization of private law has become a significant trend within the international community. In this regard, the international harmonization of contract law represe

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Becchetti, Leonardo, Rocco Ciciretti, and Pierluigi Conzo. "Legal Origins and Corporate Social Responsibility." Sustainability 12, no. 7 (2020): 2717. http://dx.doi.org/10.3390/su12072717.

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The legal origin literature documents that civil and common law traditions have different impacts on economic outcomes. We contribute to this literature by formulating and testing hypotheses on the effect of legal origins on corporate social responsibility, overall and in different specific dimensions. We find that, net of industry-specific effects, companies in common law countries score higher in corporate governance and community involvement, while those in countries belonging to the French legal tradition of civil law do better in human resources. We also observe no significant differences

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McLaren, Heaven, Arif Nur Muhammad, and Rassel Surya Darma. "ENFORCEMENT OF ENVIRONMENTAL LAW IN POLLUTED RIVER BASINS." JILPR Journal Indonesia Law and Policy Review 6, no. 3 (2025): 416–28. https://doi.org/10.56371/jirpl.v6i3.436.

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River pollution has become a crucial environmental issue in Indonesia, particularly in the Ciliwung River Basin (DAS), which flows through densely populated areas of Jakarta. This research aims to analyze the implementation of environmental law enforcement in polluted river basins in Indonesia, taking the Ciliwung River as a case study, and to identify lessons learned from Japan's success in overcoming river pollution. The research methodology uses a normative juridical and empirical juridical approach, with data collection techniques through literature review and observation. The results show

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Ayusheeva, I. Z. "Representation in the Interests of the Civil Law Association." Lex Russica 77, no. 4 (2024): 24–34. http://dx.doi.org/10.17803/1729-5920.2024.209.4.024-034.

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The norms governing the institution of representation are still not clearly defined in the science of civil law: the concepts of representation and authority, which are the central categories of this institution, remain controversial. In the case of representation, the legal capacity of the representative is joined to the legal capacity of the represented, which is confirmed by the relevant powers. Thus, both the representative and the represented person must have legal personality.At the same time, the legal status of civil law associations that are not recognized as subjects of civil law rel

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Rafi Drajat, Muhammad Rifqi, and Tiara Rahmawati. "STATE EFFORTS IN FULFILLING THE CIVIL RIGHTS OF THE SUNDA WIWITAN BADUY INDIGENOUS COMMUNITY AFTER THE MK DECISION NO.97/PUU-XIV/2016." Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial 14, no. 1 (2024): 136. http://dx.doi.org/10.22373/dusturiyah.v14i1.23338.

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The strength of the customary law adhered to by the Baduy traditional community comes from internal factors originating from the characteristics of the community itself, which believes in the values contained in its customary law. The implementation of the fulfillment of civil rights following the Constitutional Court decision NO.97/PUU-XIV/2016 has not been fully felt by the Baduy community, one of which is in the process of registering marriages, where until now marriage registration is still only recorded in marriage certificates issued from the village. In writing this article, research me

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Aminov, A. R. "LAW AND CUSTOMARY LAW OF APPANAGE PEASANTS IN THE RUSSIAN EMPIRE." Vestnik Povolzhskogo instituta upravleniya 22, no. 4 (2022): 105–16. http://dx.doi.org/10.22394/1682-2358-2022-4-105-116.

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Evolution of relations between law and customary law, which was in force in the communities of appanage peasants (until 1797 – palace peasants), in the period of the 18th – first half of the 19th centuries is studied. The author concludes that as a result of a targeted state policy in the Russian Empire the relative autonomy of the customary law of the appanage peasantry was eliminated, positive law replaced the public (self-administrative) part of customary law, only ordinary civil law relations within the community remained outside the field of direct regulation by law.

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