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Showing 1 to 8 of 8 (0.049 seconds)Spelling suggestions: "subject:"traditio"" "subject:"tradititiona""
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CAPARRA CONFIRMATORIA E FORMALISMO NEGOZIALEBAUCIA, DESIREE 19 April 2018 (has links)
Una riflessione sul ruolo dell'elemento formale all'interno della fattispecie della caparra confirmatoria, con particolare riferimento alle compravendite immobiliari e al versamento di una somma di denaro al mediatore immobiliare a titolo di caparra in forza di meri accordi verbali. La ricerca non si limita all'ordinamento italiano ma adotta un approccio comparatistico, soffermandosi sulle soluzioni formulate nel sistema francese e in quello di common law, al fine di individuare soluzioni condivise che permettano di risolvere il problema della rilevanza dell'elemento formale della caparra confirmatoria. / A reflection on the role of the formal element of the structure of the caparra confirmatoria, with particular attention to real estate transactions and the delivery of a sum of money to the broker only by virtue of oral agreements. The study is not limited to the anlysis of the Italian legal system but a comparative approach is adopted, in order to evaluate the different solutions put forward in the French legal system as well in the common law system, with the aim to resolve the issue related to the formal element of the caparra confirmatoria.
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Isaiah 7:14 - Identity and function within the bookend structure of proto-IsaiahAnderson, Joel Edmund 15 January 2009 (has links)
Please read the abstract in the section 00front of this document. / Thesis (PhD)--University of Pretoria, 2009. / Old Testament Studies / unrestricted
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Borgenärsskydd för lösöre i överlåtarens vård : Besittningskonstitut – hur främmande är det egentligen för svensk sakrätt? / Protection Against the Transferor's Creditors for Moviable Property Detained With the Transferor : Possesion Agency – How Alien Is It Really for Swedish Property Law?Danielson, Axel January 2022 (has links)
Swedish property law, when it comes to acquisition of movable property, the transferee does not acquire ownership as such, instead, the sale is considered protected against the claim of the seller’s creditors (borgenärsskydd). This is achieved through the delivery principle (traditionsprincipen), meaning in its Swedish sense that movable property must not necessarily be delivered into the trans- feree’s possession, but rather that the transferor’s possibility to dispose over the movable is severed. This principle has been subjected to considerable alterations, mainly due to allowing situations where the delivery principle would otherwise be practically impossible. These alterations raise the question of how far these legal solutions can be detached from the fundamental principle. Therefore, it is relevant to ponder, if these solutions, which can merely be considered as artificial solutions to satisfy a formal requirement, are like the constitutum possessorium of civil law orders This thesis will attend to this issue, addressing the following three questions: Question (i): how does the concept of ownership apply to legal questions in relation to the delivery principle in Swedish property law and the Draft Common Frame of Reference respectively? Question (ii): does Swedish property law grant protection against the transferor’s creditors although the movable is detained with the transferor? Question (iii): is there any systematic compatibility in relation to the delivery principle in Swedish property law and DCFR respectively? Espe- cially when the movable is detained with the transferor. In relation to question (i), it has been found that in DCFR, ownership is closely linked with possession, which means that ownership follows the delivery of possession. This is not necessarily the case in Swedish property law. Question (ii) is answered in connection to a study of Swedish case-law, which results in that the movable can be detained with the transferor, provided that some require- ments are fulfilled, only if it is a result of a physical action and not solely due to a contract. However, case-law has evolved this general rule to be subjected to a propensity of looking past, or creating new, requirements in order not to create unnecessary complications of compliance as far as it concerns honest transac- tions. This has resulted in a kind of peculiar flexibility. In answer to question (iii), due to the new types of solutions created not to complicate certain transactions, the possibility of reaching similar results as the continental principle is more prominent than one might have thought. Despite certain resemblances, the sys- tematic compatibility must be seen as limited, due to the difference in the respec- tive rules’ aim.
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Borgenärsskydd för lösöre i överlåtarens vård : Besittningskonstitut - hur främmande är det egentligen för svensk sakrätt? / Protection Against the Transferor’s Creditor for Movable Property Detained With the Transferor : Possession Agency - Is It Really That Alien for Swedish Property LawDanielson, Axel January 2022 (has links)
Swedish property law, when it comes to acquisition of movable property, the transferee does not acquire ownership as such, instead, the sale is considered protected against the claim of the seller’s creditors (borgenärsskydd). This is achieved through the delivery principle (traditionsprincipen), meaning in its Swedish sense that movable property must not necessarily be delivered into the trans- feree’s possession, but rather that the transferor’s possibility to dispose over the movable is severed. This principle has been subjected to considerable alterations, mainly due to allowing situations where the delivery principle would otherwise be practically impossible. These alterations raise the question of how far these legal solutions can be detached from the fundamental principle. Therefore, it is relevant to ponder, if these solutions, which can merely be considered as artificial solutions to satisfy a formal requirement, are like the constitutum possessorium of civil law orders This thesis will attend to this issue, addressing the following three questions: Question (i): how does the concept of ownership apply to legal questions in relation to the delivery principle in Swedish property law and the Draft Common Frame of Reference respectively? Question (ii): does Swedish property law grant protection against the transferor’s creditors although the movable is detained with the transferor? Question (iii): is there any systematic compatibility in relation to the delivery principle in Swedish property law and DCFR respectively? Espe- cially when the movable is detained with the transferor. In relation to question (i), it has been found that in DCFR, ownership is closely linked with possession, which means that ownership follows the delivery of possession. This is not necessarily the case in Swedish property law. Question (ii) is answered in connection to a study of Swedish case-law, which results in that the movable can be detained with the transferor, provided that some require- ments are fulfilled, only if it is a result of a physical action and not solely due to a contract. However, case-law has evolved this general rule to be subjected to a propensity of looking past, or creating new, requirements in order not to create unnecessary complications of compliance as far as it concerns honest transac- tions. This has resulted in a kind of peculiar flexibility. In answer to question (iii), due to the new types of solutions created not to complicate certain transactions, the possibility of reaching similar results as the continental principle is more prominent than one might have thought. Despite certain resemblances, the sys- tematic compatibility must be seen as limited, due to the difference in the respec- tive rules’ aim.
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Borgenärsskydd för lösöre i överlåtarens vård : Besittningskonstitut – hur främmande är det egentligen för svensk sakrätt?Danielson, Axel January 2021 (has links)
No description available.
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IL COLLEGIO EPISCOPALE COME RAPPRESENTAZIONE DINAMICA IN FORMA DI RELAZIONI GIURIDICHEPAPA, ANTONIO FABRIZIO 14 May 2021 (has links)
Con il presente lavoro ci si pone l’obiettivo scientifico di dotare di una adeguata dogmatica giuridica quella complessa realtà che è costituita dal configurarsi delle relazioni interne al Collegio episcopale, avanzando anche nella comprensione dell’aspetto intrinsecamente comunitario dell’ufficio episcopale quale risultato del rapporto di unitaria successione all’ufficio apostolico di diritto divino. Leggendo l’appartenenza al Collegio di quei membri che lo compongono uti universi attraverso il fondamentale valore ecclesiologico che ha l’inserimento sacramentale di essi nel “simbolismo dei Dodici” (cap. I), si giunge a configurare la compagine di coloro che sono uniti nel ministero episcopale nei termini di “universitas collegialis personarum inaequali iure" (cap. III), appurando - appunto a partire dalla questione terminologica di “collegium” (cap. II) - come sia effettivamente possibile dar vita a riflessioni sempre più pregnanti sul contributo che il pensiero teologico fornisce ai fini della strutturazione anche giuridica dell’empiria interna al carattere normativo della Chiesa. Può risultare così più agevole individuare le relazioni tra quei nuclei di significato che hanno condotto, in ambito cattolico, sia ad una nuova messa a punto e valorizzazione (teorica e pratica) della dottrina della collegialità episcopale in seno al Concilio Vaticano II sia al sempre più vivace prospettarsi di interessanti orizzonti in sede di riflessione canonistica ed ecclesiologica attuale. / The present work has the scientific aim of endowing with an adequate juridical dogmatics the complex reality that is constituted by the configuration of the internal relations of the College of Bishops, advancing also in the understanding of the intrinsically communitarian aspect of the episcopal office as a result of the relationship of unitary succession to the apostolic office of divine law. By interpreting the belonging to the College of those members who make it up uti universi through the fundamental ecclesiological value of their sacramental insertion in the "symbolism of the Twelve" (chapter I), one arrives at configuring the group of those who are united in the episcopal ministry in terms of "universitas collegialis personarum inaequali iure" (chapter III), demonstrating - starting precisely from the terminological question of "collegium" (chapter II) - how it is possible to give rise to increasingly pregnant reflections on the contribution that theological thought provides for the purposes of structuring, also juridically, the empirical internal normative character of the Church. In this way, it will be easier to identify the relationships between those nuclei of meaning that have led, in the Catholic sphere, both to a new development and enhancement (theoretical and practical) of the doctrine of episcopal collegiality within the Second Vatican Council and to the increasingly lively prospect of interesting horizons in the current canonical and ecclesiological reflection.
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Old testament texts in Malagasy contexts: an analysis of the use of the old testament in three religious contexts in MadagascarRazafindrakoto, Georges Andrianoelina 30 June 2006 (has links)
The Old Testament, which is one of the first books in the Malagasy language, plays an important role in the religious and cultural life of most people in Madagascar, for instance in an increasing tendency to use Old Testament texts in Malagasy religious contexts, which is noticeable both within and outside mainstream Christianity.
The first such case illustrating this trend within the Church is the Malagasy Roman Catholic Church's (MRCC's) application of certain texts in the famadihana (turning of the dead), a custom reflecting traditional Malagasy practices in their strongest form. Almost all the Malagasy churches from their beginning have unsuccessfully attempted to abolish it. Therefore, the MRCC decided to base it on biblical texts and incorporated it in her liturgy in order to make it a Christian celebration. Among the texts used here are: Genesis 49: 33-50: 13; Exodus 13: 19 and Exodus 20: 12. The second case is the Malagasy Lutheran Church's (MLC's) employment of Old Testament texts to create certain items for Nenilava (Tall mother), the founder of the revival movement of Ankaramalaza, who was acknowledged by this Church and the members of this movement as a prophetess and priestess. To demonstrate these roles, and at the same time to confirm her consecration, the MLC and the `children of Ankaramalaza' made for her a priestly robe modelled on the high priest's garments described in Exodus 28 and a silver crown related to Deuteronomy 28. The use of the Old Testament outside the Church is illustrated by the third case, investigating traditio-practitioners' applications of Old Testament texts in their religious practices. Examples include: 1) Exodus 3:1-3; Leviticus 14: 1-8; Jeremiah 8: 22, used in traditional healing; 2) Exodus 3: 5b; Job 33: 6a; Psalm 121: 8a, employed as religious slogans; 3) Leviticus 1-6, applied in traditional sacrifices and offerings; and 4) Psalm 113: 5-6; Genesis 2: 18, 22, employed as references for morality. This project, which describes and analyses how and why the Old Testament is used by different people, Christian and traditionalist, in Malagasy religious contexts, is aimed at developing an interpretive model based on these three cases. More specifically, it seeks to show how the Old Testament can be interpreted and used in contemporary Madagascar/Africa. / Biblical and Ancient studies / D. Th (Old Testament)
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Old testament texts in Malagasy contexts: an analysis of the use of the old testament in three religious contexts in MadagascarRazafindrakoto, Georges Andrianoelina 30 June 2006 (has links)
The Old Testament, which is one of the first books in the Malagasy language, plays an important role in the religious and cultural life of most people in Madagascar, for instance in an increasing tendency to use Old Testament texts in Malagasy religious contexts, which is noticeable both within and outside mainstream Christianity.
The first such case illustrating this trend within the Church is the Malagasy Roman Catholic Church's (MRCC's) application of certain texts in the famadihana (turning of the dead), a custom reflecting traditional Malagasy practices in their strongest form. Almost all the Malagasy churches from their beginning have unsuccessfully attempted to abolish it. Therefore, the MRCC decided to base it on biblical texts and incorporated it in her liturgy in order to make it a Christian celebration. Among the texts used here are: Genesis 49: 33-50: 13; Exodus 13: 19 and Exodus 20: 12. The second case is the Malagasy Lutheran Church's (MLC's) employment of Old Testament texts to create certain items for Nenilava (Tall mother), the founder of the revival movement of Ankaramalaza, who was acknowledged by this Church and the members of this movement as a prophetess and priestess. To demonstrate these roles, and at the same time to confirm her consecration, the MLC and the `children of Ankaramalaza' made for her a priestly robe modelled on the high priest's garments described in Exodus 28 and a silver crown related to Deuteronomy 28. The use of the Old Testament outside the Church is illustrated by the third case, investigating traditio-practitioners' applications of Old Testament texts in their religious practices. Examples include: 1) Exodus 3:1-3; Leviticus 14: 1-8; Jeremiah 8: 22, used in traditional healing; 2) Exodus 3: 5b; Job 33: 6a; Psalm 121: 8a, employed as religious slogans; 3) Leviticus 1-6, applied in traditional sacrifices and offerings; and 4) Psalm 113: 5-6; Genesis 2: 18, 22, employed as references for morality. This project, which describes and analyses how and why the Old Testament is used by different people, Christian and traditionalist, in Malagasy religious contexts, is aimed at developing an interpretive model based on these three cases. More specifically, it seeks to show how the Old Testament can be interpreted and used in contemporary Madagascar/Africa. / Biblical and Ancient studies / D. Th (Old Testament)
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