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Processo di Modernizzazione del Modello Giuridico Marocchino

100%
Edaich S.
Opolskie Studia Administracyjno-Prawne
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2012
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vol. X
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issue 4
35-50
EN
The process of modernizing the Moroccan legal system corresponds to the complexity which characterizes Moroccan society. Generally speaking, each step towards democratization and stability in any Muslim country poses a ’duel’ – in a truly broad meaning of the word – between sharia on the one hand and modernization and secularization on the other one. Since the Arab-Muslim systems prove that sharia is not able to yield to the process of modernization and that it is not able to provide a legal system that would be easier to accept, one in which rights and democracy would not be merely points of reference, these systems must be confronted with difficult and radical changes imposed by other legal models. Thus, instead of being of the pioneering nature, the Arab-Muslim model is bound to constantly experience the state of being subordinated to other models which prove more creative or active. Looking at the recent history of Morocco, we can find that the country’s ’going modern’ (not always in a democratic manner) has been a process which commenced along with the colonization and was not part of the plans of those wielding power at that time. The political authorities of Arab-Muslim states inherited a set of contemporary legal disciplines coming from different systems: Maghreb – from the French one, Mashreq – from the English one, yet neither the former nor the latter have made use of the heritage to a full extent, which was proved by the recent movements of social protest.
2

TO THE EXPRESSION 'PARENTAL RIGHTS AND OBLIGATIONS' (K pojmu 'rodicovske prava a povinnosti')

100%
Pawelkova B.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2009
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vol. 92
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issue 1
50-56
EN
The article is devoted to the institute of the former 'parental power', that was removed from our law by the Act No 94/1963 Coll. on family. By its entry into force a different conception, based on the atomization of this collective institute to the individual rights and obligations of the parents was introduced in the family law. This conception is however already outdated from the view of international obligations of the Slovak law as well as from the view of the systematics of the law. The aim of the article was to justify this conclusion and try to find a new name for this collective institute. At present the amendment of the Civil Code is being prepared, to which the family-law relations will be integrated in Part II. It is an opportunity for expert discussion on terminological problems of the family law which will help to create a new Act in compliance with the requirements put on it by the new social conditions. It is the main ambition of the article.
3

Prawo wlasciwe dla alimentów w swietle protokolu haskiego z 2007 r.

88%
Juryk A.
Kwartalnik Prawa Prywatnego
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2011
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vol. 20
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issue 4
961-1017
EN
This article considers the issue of law governing the maintenance. The Hague Protocol of 23 November 2007 on the law applicable the maintenance obligations is the basic source of law in Poland. The Protocol became a part of EU law order since 18 June 2011 under the Article 15 of the Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations. In accordance with the Article 15 of this Regulation the law governing the maintenance obligations is defined in The Hague Protocol of 23 November 2007 on law applicable the maintenance obligation in Member States binding by this Protocol. Article 76 of the Regulation states that the Regulation shall be applied from 18 June 2011. The issues discuss in the article: the scope of the binding force of the Protocol and the Main Aspect of rules on connection of the maintenance obligations to the law of given State provided in the Protocol.
4

„ČESKOSLOVENSKÁ CESTA“ V NUPTUAČNÍM ZASTOUPENÍ? ZMĚNY PRÁVNÍCH ÚPRAV A JEJICH KRITIKA

75%
Kober J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2014
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vol. 97
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issue 3
245 – 263
EN
The preceding paper (PO 2014, No. 2) presented the historical background of the idea of the legal limitation of the proxy on the ground of sex, as well as contrary opinions in the Czechoslovak legal doctrine until the late 1980s. This subsequent paper gives more detailed analysis of the remarkable legal changes during the 1990s and during the first decade of our century. The partisans of the limitation succeeded in creating of the first legal limitation of the proxy on the ground of sex in Europe as they got their agenda into the new Slovak Civil Registry Act (1994). The Czech partisans followed them in 2001, as they were able to influence the changes of the Family Act. Finally, the new Slovak Family Act adopted – in a rather questionably changed shape – the limitation of the proxy into its marriage law. The intensive language mutuality between both countries as well as many personal ties led to various interactions and similarities in strategies (wording, omissions of grounds in the obligatory report) as well as in the doctrine (especially commentaries). The paper criticises the limitation of the proxy on the grounds of sex: it argues that this limitation has no legal function at all. Its real purpose is legal symbolism: a kind of publicly made delimitation between festive, solemn and worthy on one hand and perverted, ridiculous, odd and unworthy on the other. This legal solution is quite unique in Europe; nowadays, new Czech Civil code is leaving the limitation of the proxy on the ground of sex while Slovak Family Act retains it.
5

OMEZENÍ NUPTUAČNÍHO ZASTOUPENÍ NA ZÁKLADĚ POHLAVÍ A RŮZNICE STARŠÍ ČESKOSLOVENSKÉ NAUKY II.

75%
Kober J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2014
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vol. 97
|
issue 3
232 – 244
EN
The uncanny object for decades – legal opinions saying that the marriage proxy shall be of the same sex as his principal, seems to be one of the most neglected issues of Czech and Slovak family law. The idea that the proxy shall be of the same sex as his principal has no older tradition, especially not in Catholic Canon law, where marriages by proxy are enabled without any limitations on the ground of sex. With the two marginal exceptions, none of more than 25 occidental countries enabling the marriage by proxy knows any limitations of the proxy based on his sex. The paper analyses sources of this idea, which emerged in Czechoslovak legal doctrine during the early 1950s: this was influenced by the legal doctrine of the Nazi Germany (demand of limitation of the proxy on the ground of sex posed uncompromisingly by Deuchler) as well as by the older doubts expressed by the Austrian scholar Lenhoff, and of course, also by the international wave of homophobic panic between 1930s and 1950s. Although having any support in the positive law (Act on Family Law, 1949 nor Family Act, 1963) and despite of (mostly restrained) dissaproval of the majority of legal doctrine, the idea of limitation of the proxy on the ground of sex led its own life, being persistently proclaimed by its few partisans (Petrželka, Štěpina, Planková) and waiting for its political possibility to be adopted into the positive law.
6

OMEZENÍ NUPTUAČNÍHO ZASTOUPENÍ NA ZÁKLADĚ POHLAVÍ A RŮZNICE STARŠÍ ČESKOSLOVENSKÉ NAUKY

75%
Kober J.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
|
2014
|
vol. 97
|
issue 2
131 – 139
EN
The uncanny object for decades – legal opinions saying that the marriage proxy shall be of the same sex as his principal, seems to be one of the most neglected issues of Czech and Slovak family law. The idea that the proxy shall be of the same sex as his principal has no older tradition, especially not in Catholic Canon law, where marriages by proxy are enabled without any limitations on the ground of sex. With the two marginal exceptions, none of more than 25 occidental countries enabling the marriage by proxy knows any limitations of the proxy based on his sex. The paper analyses sources of this idea, which emerged in Czechoslovak legal doctrine during the early 1950s: this was influenced by the legal doctrine of the Nazi Germany (demand of limitation of the proxy on the ground of sex posed uncompromisingly by Deuchler) as well as by the older doubts expressed by the Austrian scholar Lenhoff, and of course, also by the international wave of homophobic panic between 1930s and 1950s. Although having any support in the positive law (Act on Family Law, 1949 nor Family Act, 1963) and despite of (mostly restrained) dissaproval of the majority of legal doctrine, the idea of limitation of the proxy on the ground of sex led its own life, being persistently proclaimed by its few partisans (Petrželka, Štěpina, Planková) and waiting for its political possibility to be adopted into the positive law.
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