Teaching Comparative Law in the 21st Century: Beyond the Civil/Common Law Dichotomy.

Science.gov (United States)

Waxman, Michael P.

2001-01-01

Asserts that the inexorable shift to transnational and global legal practice demands a comparable shift in methods of teaching comparative law to move it beyond its current American common law/European civil law myopia. Proposes an introductory course, Law in Comparative Cultures, which exposes students to a panoply of international legal systems.…

Same-sex marriage, civil marriage and cohabitation: the law, the ...

African Journals Online (AJOL)

Same-sex marriage, civil marriage and cohabitation: the law, the rights and responsibilities. ... Nnamdi Azikiwe University Journal of International Law and Jurisprudence ... This paper examined the law surrounding marriage rights and ...

Civil Remedies Division Administrative Law Judge Decisions

Data.gov (United States)

U.S. Department of Health & Human Services — Decisions issued by Administrative Law Judges of the Departmental Appeals Board's Civil Remedies Division concerning fraud and abuse determinations by the Office of...

DISPOSSESSION OF ASSETS IN THE NEW ROMANIAN CIVIL CODE. COMPARATIVE LAW

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Silvia Cristea

2014-11-01

Full Text Available This article deals with the legal status of pledge, in view of the new romanian civil code. Besides regulation, definition and subject collateral (section 1,2 and 3, the focus of the analysis is on the institution dispossession of assets, which marks the time difference between pledge and mortgage (section 4.Original in the doctrinal approach is the analysis of pledge in different systems of law (French law and Canadian law, in section 5. If the purpose of the legislature was that the Roman civil pledge without dispossession come under the regulation of mortgage securities and dispossession remain at the borders of the Civil Code, we believe that achievement is threatened by the expansion of civilian collateral objectof pledge to the marketable securities, especially over the nominative one (forms synthesized in the conclusions of the article.

FALSE DISTANCES AND REAL DIFFERENCES BETWEEN COMMON LAW AND CIVIL LAW

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Túlio de Medeiros Jales

2017-05-01

Full Text Available The paper argues that it is wrong to use supposed ontological distinctions between common law and civil law to explain both the difference of normative hierarchy between laws and precedents and a methodological asymmetry in the application of these two normative types. Drawing the transformations that the reception of the post positivistperspective throws at the theme of juridical traditions, it assumes the hypothesis that the difference between the two legal families is fruit of the reception of contestable theses of the legal positivism. The confirmation of the hypothesis indicates the need to seek alternatives to explain differences between legal orders that are not based on the categories of legal traditions.

Obrigações empresariais no Novo Código Civil Corporate law and the New Brazilian Civil Code

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Ligia Paula Pires Pinto Sica

2008-06-01

Full Text Available Tendo em vista a promulgação do novo código civil brasileiro, que reúne dispositivos que revogam o antigo código civil de 1916 e a maioria dos capítulos do código comercial de 1850, unificando-os, é importante que se frise que remanesce a diferenciação entre as matérias de direito civil e comercial, de acordo com suas lógicas peculiares. Sendo assim e tendo o novo código introduzido diversas normas de caráter geral, este trabalho pretende discutir o papel do juiz e da jurisprudência na aplicação dessas normas de maneira casuística, dando-lhes tratamentos distintos de acordo com os fatos apresentados em juízo, de forma a manter a autonomia das áreas do direito mencionadas e garantir aos agentes econômicos o grau de segurança e previsibilidade necessário às suas atuações no mercado.In regard of the enactment of the New Brazilian Civil Code, that unifies the issues treated in the old civil code from 1916 and on the majority of the chapters of the commercial code from 1850, it's important to insist that the differences between the civil and commercial law remains, according to their peculiar logics. Asitis, and as the new code brought several rules of general character, this paper intends to discuss the role of the judge and jurisprudence in the civil law system, by interpretating those rules in a casuistic manner, giving them different treatments, according to the presented facts during litigation, in a way to maintain the autonomy of the law areas mentioned above and guarantee to the economic agents the level of certainty and previsibility, needed to exercise their activities in the market.

Liability according to civil law regarding border-crossing nuclear damage

International Nuclear Information System (INIS)

Baer, Caroline

1987-12-01

The problem of the liability in border-crossing damage caused by a nuclear-reactor accident is divided into two different areas: the liability according to international law of the state, and liability according to civil right of the licensee of a nuclear power plant. In this study attention is paid to the question of the liability according to civil right: is it possible that an aggrieved obtains compensation for damage? This is investigated on the basis of three standard questions of international private law: which judge is qualified, which law is to be applied, and is acknowledgement and execution of foreign sentences possible? First a historical survey is given of international agreements and national legislations regarding third-party liability. (author). 112 refs

Challenges to Reducing Discrimination and Health Inequity Through Existing Civil Rights Laws

Science.gov (United States)

Chandra, Amitabh; Frakes, Michael; Malani, Anup

2017-01-01

Fifty years after the passage of Civil Rights Act, minority healthcare remains separate and unequal. We combine insights from Civil Rights Law and research on racial-disparities to understand whether stronger enforcement of existing Civil Rights laws would improve minority healthcare today, or whether complementary approaches are also necessary. Despite earlier success, modern challenges to improving minority healthcare are different than those confronted during de jure segregation. We review these challenges and the potential effectiveness of existing Civil Rights legislation in overcoming them. We conclude that enforcement could be strengthened by executive orders that strengthen existing laws, but Congressional action would be required to allow private individuals to bring suits against discriminatory providers. We contrast the relative benefits of this approach to wider non-litigation-based solutions. We conclude that a combination of the two approaches would better address the challenge of improving minority healthcare in the 21st century. PMID:28583962

Delays in Medical Malpractice Litigation in Civil Law Jurisdictions

DEFF Research Database (Denmark)

Grembi, Veronica; Garoupaa, Nuno

2013-01-01

Medical malpractice law and tort reform are contentious issues. In this paper, we focus on Italy as an example of a civil law jurisdiction. Italian medical malpractice law is essentially judge-made law. However, its effectiveness is likely to be curtailed by excessive delays in litigation. Several...... reforms have been enacted since the late 1980s to correct this situation. By making use of the decisions of the Italian Court of Cassation (which have shaped medical malpractice law) from 1970 to 2009, we show that these reforms had no general statistically significant impact on delays. Recent reduction...

Aspects of the Brazilian law on civil liability for nuclear damage

International Nuclear Information System (INIS)

Rocha, L.M.G. da

1980-06-01

The civil liability for nuclear damage in the Brazilian law is analysed. The innovations introduced by the 6.453 act of October 17 th, 1977 are emphasized. The influence of international conventions on the Brazilian law are also mentioned. (A.L.) [pt

The Liability of the Employer and the Liability of the Employees between Civil Law and Labour Law

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Alexandru POPA

2010-02-01

Full Text Available The working relationships based on the individual labour contract have an unprecedented aspect in civil law, namely, inequity of parts during the performance of the contract. This inequity is transposed in theoretical and applicative plan by the existence of the subordination report between the employer and employee. The lack of balance of the forces between the two parts of the contract constituted the necessary element for the birth of the new law branch which, by its settlements, to compensate this drawback. Though, in matter of liability, this “law of inequity” does not distinguish as a creator of new and independent institutions from “the general law”, apparently confining only at the removing or compensating the premises of the parts inequity. Thus, the Romanian labour law create a specific institution named patrimonial liability which involve applicable rules in the legal relationship arise from the individual labour contract that represent an exception from the common rules of the civil liability but does not completely delimit from it and using it as a decipherer resource of its elements and as supplement resource.The patrimonial liability does not exclude in all the situations the co-existence of other forms of civil, contravention or criminal liability if the necessary elements for their incidence occur.

RELEVANSI SISTEM CIVIL LAW DAN COMMON LAW DALAM PENGATURAN HUKUM PERJANJIAN BAKU DI INDONESIA

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Ernu Widodo

2010-12-01

Full Text Available Legislation and court decisions have limited the power of the freedom principle of contract enforcement. In the business world, it has been imposed the restrictions on the principle of freedom of contract through a standard agreement (standard contract. In the practice realm, this restriction do not preclude the parties to fulfill their legal interests through definite agreement. This kind of agreement has been growing to meet legal needs of society despite its substantial and procedural material has not fulfilled the principle of freedom of contract. This assessment system is to show the relevance of the Civil Law and Common Law in the development of standard contract arrangement. Peraturan  perundang-undangan  dan  putusan  pengadilan  telah  membatasi  daya  berlakunya asas kebebasan berkontrak. Di dalam dunia bisnis, telah diberlakukan pembatasan pula atas asas kebebasan berkontrak melalui perjanjian baku (standard contract. Di dalam prakteknya, pembatasan tersebut tidak menghalangi para pihak untuk memenuhi kepentingan hukumnya melalui perjanjian baku. Perjanjian baku semakin berkembang dalam memenuhi kebutuhan hukum masyarakat meskipun perjanjian baku baik secara substansiil maupun prosedural belum memenuhi sepenuhnya berlakunya asas kebebasan berkontrak. Pengkajian ini hendak menunjukkan relevansi sistem Civil Law dan Common Law dalam pengembangan pengaturan perjanjian baku.

[Developments in civil and disciplinary law. A view of the revision of the Netherlands Society for Dentistry (NMT) administration of justice].

Science.gov (United States)

Brands, W G

2004-06-01

According to some people, the renewed Dutch civil disciplinary law is not fulfilling the expectations. Some procedures seem to be reductant for accused dentists. Besides the civil disciplinary law, also the professional disciplinary law of Dutch Dental Association is questionable. The Association is planning to change the current professional disciplinary law. However, the proposed amendments may have the consequence that a Dutch dentist more frequently will be faced with a civil disciplinary law procedure or normal civil law procedure.

SLAVERY AND CIVIL LAW IN THE ANTEBELLUM SOUTH—TWO CASE STUDIES

OpenAIRE

Harvey Gresham Hudspeth

2006-01-01

Antebellum slave law addressed fugitive slaves and criminal offenses committed by masters against slaves and by slaves against masters. Moreover, slaves were both merchandise and personal property that fell under civil monetary statutes pertaining to sales fraud and personal damage to private property. Judgment in two civil cases heard in West Tennessee during the late 185Os turn on such statutes.

[Girls detained under civil and criminal law in juvenile detention centres; psychiatric disorders, trauma and psychosocial problems].

Science.gov (United States)

Hamerlynck, S M J J; Doreleijers, Th A H; Vermeiren, R R J M; Cohen-Kettenis, P T

2009-01-01

As from 2008, juveniles sentenced under civil law and juveniles sentenced under criminal law can no longer be assigned to the same juvenile detention centres. The reasoning runs as follows: the centres are unlikely to provide adequate treatment for the 'civil' group, and the 'criminal' group may exert a negative influence on the 'civil' group. Hitherto, there has been no research into the question of whether the problems and treatment requirements of girls in the two categories call for detention in the same detention centres or in different ones. The aim of this study is to investigate differences between the two groups of girls with regard to offence history, sociodemographic characteristics, contact with the social services, psychiatric disorders and trauma. Investigation of a representative sample of 211 female minors in three juvenile detention centres using standard instruments. results 82% of the girls were detained under civil law, 18% under criminal law. There were strong similarities between the groups. However, the 'criminal' group more often had a violent history of delinquency and a non-Dutch background, whereas the 'civil' group more often had a background of residential placements, oppositional-defiant disorder, suicidality and self-harm. Girls detained under civil and under criminal law differed in characteristics such as criminal record, but there were striking similarities in the girls' behavioural problems and psychiatric disorders. It is argued that assignment to a particular type of detention centre should depend on treatment requirements rather than on measures imposed by civil or criminal law.

SLAVERY AND CIVIL LAW IN THE ANTEBELLUM SOUTH—TWO CASE STUDIES

Directory of Open Access Journals (Sweden)

Harvey Gresham Hudspeth

2006-01-01

Full Text Available Antebellum slave law addressed fugitive slaves and criminal offenses committed by masters against slaves and by slaves against masters. Moreover, slaves were both merchandise and personal property that fell under civil monetary statutes pertaining to sales fraud and personal damage to private property. Judgment in two civil cases heard in West Tennessee during the late 185Os turn on such statutes.

Civil law and common law : Two different paths leading to the same goal

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Časlav Pejović

2001-07-01

Full Text Available The aim of this paper was not to judge which legal system is better: civil law or common law. The task of lawyers should not be to defend their legal systems/ but to improve them. Each legal system may have some advantages and deficiencies. If a foreign legal system has some advantages, why not incorporate them in our domestic legal system? In that way the resulting convergence of the two legal systems can only contribute to their common goal of creating a fair and just legal system which can provide legal certainty and protection to all citizens and legal persons.

[Expertise test in the new Civil Prosecution Law (Law 1/2000)].

Science.gov (United States)

Laborda Calvo, E

2004-12-01

Expertise test was the object of many controversies in the previous Civil Prosecution Law (CPL) from the way of naming the experts to the difficulties in the receiving payment. The new CPL uses the social process as model and provides civil justice with an agile and guaranteeing procedure. The CPL provides the expert test with a greater amplitude and new range, and should be used at the time of the lawsuit and openly seen. The experts should assume the defense of their arguments and be subjected to the objections of the contrary party. The expert's test becomes a mixed documental and personal test. It also modifies the way of naming the experts and the acceptance that may condition the allocation of funds in the amount considered necessary. The objection is limited to the experts named judicially, it being possible to eliminate them, however, the reason for it should be justified.

SUBSTANTIAL EXCEPTIONS AND (DELIMITATIONS OF THE POWERS OF THE JUDGES ON CIVIL PROCEDURAL LAW

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Igor Raatz

2017-08-01

Full Text Available This essay aims to unveil the role of the substantial exceptions on delimiting the powers of the judges on civil procedural law, especially regarding the ex officio judicial activity. This way, under a phenomenological method and based on a vision of guarantee of rights on procedural law, the article offers a brief explanation of the question concerning the content of the object under litigation and its role of (delimiting the powers of the judges. The work hypothesis is the addition of the substantial exceptions among the content of the object under litigation, along with the claim itself and the cause of action. The results lie on the premise that, by the substantial exceptions, the defendant extends the object under litigation – which is formed dynamically on civil procedure. The conclusion points towards the idea that the substantial exceptions act in a way of limiting the ex officio judicial activity on civil procedural law

FIDUCIA IN THE LIGHT OF THE NEW CIVIL CODE INSTITUTION OF LAW WITH UNREGULATED FINALITY

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Claudiu Răzvan DEDU

2015-07-01

Full Text Available The institution of “Fiducia” relatively completely regulated by the content of the art. 773-791 of the New Civil Code, represents, together to the institution of periodic property and the one of administration of one's assets, a premiere in the Romanian civil law. The apparition of this institution of law in the continental law (also in the Romanian law is the result of a long interface process between the civil continental law and the Anglo-Saxon one, during which many institutions of law or types of contracts have been taken over in the continental law, as a consequence of the globalisation of the business relationships. The legal mechanism of Fiducia exists in the continental law since its beginnings, more precisely even since the apogee of the Roman law. This way, this legal instrument, of assets administration can be found in the legislation of many European states, among which, we can mention the Anglo-Saxon legislation (trust, German legislation (trauhand, French legislation – legislation which represented the inspiration source of the Romanian legislator in the matter of Fiducia. Unlike the Anglo-Saxon law, where the trust has three forms (guarantee, administration and the one concluded for performance of a liberality in the Romanian law, fiducia has only two of these forms, respectively, Fiducia as guarantee and Fiducia as administration. In the banking field, Fiducia as guarantee, although it has real practical advantages comparing to the most commonly used real estate mortgage, it is not used by the credit institutions, these still preferring that the reimbursement of the loans granted to be guaranteed by a mortgage contract.

On the Enforcement of Specific Performance in Civil Law Countries

DEFF Research Database (Denmark)

Lando, Henrik; Rose, Caspar

2003-01-01

requires actions to beundertaken, and we relate this to costs of enforcement. We arguethat it is administratively costly to run a system of enforcementthat renders specific performance attractive to the aggrieved party,and that the Civil Law countries have (like Common Law countries)chosen not to incur...... these costs of enforcement. This is especiallyclear in the case of Denmark, where specific performance of actionshas been abandoned as a legal remedy.At the normative level, we argue that enforcement costs providesan additional rationale, over and above the rationales of the theoryof efficient breach...

The courts and the code. Legal osmosis between religion and law in the cultural framework of civil law systems

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Antonio Fuccillo

2017-09-01

Full Text Available SUMMARY: 1. The value of religious law in modern (and secular states - 2. Religious rules and individual choices in Europe - 3. Religious law and the fields in which it can operate effectively - 4. The rules of religious courts in civil legal systems - 4.1 ..The direct referral to religious laws - 4.2. The pronounces of religious courts and its importance for faithful - 5. The development of Religious Arbitration Courts in Italy - 6. Does religious jurisdiction another side of religious freedom?

Why do French civil-law countries have higher levels of financial efficiency?

OpenAIRE

Asongu Simplice

2011-01-01

The dominance of English common-law countries in prospects for financial development in the legal-origins debate has been debunked by recent findings. Using exchange rate regimes and economic/monetary integration oriented hypotheses, this paper proposes an “inflation uncertainty theory” in providing theoretical justification and empirical validity as to why French civil-law countries have higher levels of financial allocation efficiency. Inflation uncertainty, typical of floating exchange rat...

[Psychiatric assessment in civil law questions].

Science.gov (United States)

Nedopil, N

2009-05-01

Psychiatric reports in German civil law cases are required if questions are raised of legal capacity, capacity to express a testamentary will, ability to sue or be sued, capacity to marry, ability of mentally disordered patients to consent to treatment, and when custody or hospital orders of these patients is considered or compensation is due for mental disorders resulting from accidents. Many reports must decide whether the ability to decide using sound reason or motives is or was impaired by a mental disorder. This capability is attributed to every adult person; only if incapability is claimed must it be proven by psychiatric assessment. As in most psychiatric court reports, such assessments must be structured in several steps. First a clinical diagnosis has to be established which must then be translated into legal terminology. After this has been accomplished, the psychiatrist must describe the functional impairments caused by the disorder and define the probability with which these impairments might affect the legal act in question. Most reports are prepared in the context of custody law, which centers on helping those patients who, due to a mental disorder, cannot manage their own legal matters.

Ukraine. Law on civil liability for nuclear damage and its financial security (13 december 2001)

International Nuclear Information System (INIS)

Anon.

2002-01-01

The objective of this law is to regulate civil liability for the compensation of damage resulting from activities involving the utilisation of nuclear energy for peaceful purposes. It governs relations in respect of civil liability for nuclear damage, establishes the rules and procedures for compensation for damage caused by a nuclear incident, defines the methods of ensuring financial security of civil liability and establishes its limits. (N.C.)

Chronic hepatitis C--assessment in civil law: a case study.

Science.gov (United States)

Santos, Bruno Miguel; Sousa, Paula; Mena, Filomena; Costa, Graça Santos; Corte-Real, Francisco; Vieira, Duarte Nuno

2010-02-01

This article describes the case of a 58-year-old man who asked for an assessment of physical damage of a civil nature, having been diagnosed with chronic hepatitis C for which he blamed a blood transfusion, supposedly contaminated with hepatitis C virus (HCV). After studying the documentary information, a number of presuppositions were drawn up with a view to determining the causal nexus, but this could not be proved. The assessment of situations like this is not common in civil law. This article is intended to add to the body of information on the forensic assessment of similar cases. Copyright 2009 Elsevier Ltd and Faculty of Forensic and Legal Medicine. Published by Elsevier Ltd. All rights reserved.

Civil commitment and the criminal insanity plea in Israeli law.

Science.gov (United States)

Toib, Josef A

2008-01-01

In Israeli jurisprudence there is a substantial difference towards mentally ill patients between the civil and penal law systems that goes well beyond differences required by their separate objectives. Mentally ill people dangerous to others due to their illness belong in the hospital, not in the community or in jail. The data gathered especially for this paper make it hard to escape the conclusion that contemporary practice in Israel does not accord with this objective. On the civil front, inaccuracy in predicting who is dangerous may lead to involuntary commitment of people who are not dangerous. On the criminal side, too few people are sent to the hospital in Israel and correspondingly too many to jail. Comparison with US data and practice shows that on the civil side prediction has been improved by using actuarial methods, while on the penal side more up to date definitions of mental illness have been adopted. Whatever the appropriate solution for Israel, surely the first requirement is recognition of the problem.

Observations regarding the right of civil servants to pursue a career. About „instability” in civil service and law non-compliance practices

Directory of Open Access Journals (Sweden)

Camelia STOICA

2013-06-01

Full Text Available In the present study the regulation of the carrier of the civil servants is considered, especially the stability and continuity – essential elements at the European Union level. Unfortunately, in the Romanian legislation, as well as in the institutional case law, it remains a purely declarative issue. The study is based on a series of recent court decisions. We criticized the abusive use of the expeditious ordinances and the instruments of legislative regulation. This is considered as an abusive practice of the law maker and shows a legislative inability related to the regulation of the public office, especially by not observing the conditions in which a person could be relieved of his office. The conclusion of the study leads to the necessity for the law maker to revise the statute of the civil servant, especially by eliminating the fluctuation determined by the succession of the governing political forces.

Theoretical points of view on the notion of cause (consideration) of contracts in the Serbian doctrine of civil law till the adoption of the law on obligations

OpenAIRE

Dudaš Atila

2011-01-01

In this paper the author analyzes the different points of view on the notion of cause (consideration) in contract in the Serbian doctrine of civil law as until the adoption of the Law on Obligations in 1978. Having in mind that the Law, adhering to the normative solutions of the French Civil Code, explicitly regulates the institution of cause of contract, as one of the conditions of formation and validity of contract, its adoption can certainly be considered as an event of a watershed importa...

Free will: reconciling German civil law with Libet's neurophysiological studies on the readiness potential.

Science.gov (United States)

Kawohl, Wolfram; Habermeyer, Elmar

2007-01-01

The free will debate widely exceeds the neuroscientific and philosophical fields due to profound implications for legislation, case law and psychiatric expert opinion. Data from Benjamin Libet's experiments on the readiness potential have been used as an argument against personal responsibility and for changes in the law. Due to the explicit use of the term "free will" in German civil law, the psychiatrist as an expert witness is confronted with this debate. In this article we outline the role of this crucial term in German civil law and we describe the neurophysiologic challenge in the form of Libet's experiments, which is led on three levels: the correctness of the data, the impact on the question of whether free will exists and possible consequences for the law. We conclude that the problem of free will cannot be debated on the basis of the data provided by Libet's experiments and that doubts about the existence of a free will must not lead to changes in the law or in psychiatric expert testimony. Therefore, advice for the psychiatrist as an expert witness is offered on the basis of a psychopathological approach that takes into account cognitive and motivational preconditions and the structure of values and personality. Copyright (c) 2007 John Wiley & Sons, Ltd.

The general principles of civil law: their nature, roles and legitimacy

NARCIS (Netherlands)

Hesselink, M.W.; Leczykiewicz, D.; Weatherill, S.

2013-01-01

The references made by the Court of Justice in a number of recent cases to ‘the general principles of civil law’ may have been accidental, but they may also represent a deliberate first step towards a new European legal category and a new approach towards European private law. Because of their

Few Considerations on the Maintenance Obligation in the Romanian Civil Law

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Mirela Costache

2017-08-01

Full Text Available Objectives: Recently entered into force, the Romanian Civil Code, systematized on the stable and steady values of the former civil law, reforms the matter of the maintenance obligation, regardless of the source and the legal nature of this obligation. Prior Work: This is the reason why we have chosen this topic and the analysis of the typology to which such an obligation adapts and, of course, the correlative right to which it gives birth. Approach: In our current system of law there are provided different forms of exercising this obligation, preserving, improving, but also innovating, in some aspects, the previous regulation. Specifically, we will relate in this study to a brief analysis of all types of maintenance obligations, generated by two distinct sources: the law and the will of the parties (contract, in this case we are speaking of an obligation based on the law or a contractual obligation. The angle from which we are analyzing this type of obligational relationship between the maintenance creditor and the maintenance debtor also allows us to recall both the passive or active patrimonial side, and also the analysis of the legal characters that it presupposes each of the two above-mentioned generic types of maintenance obligations. Value: Starting from the conceptualization of the maintenance obligation, the present study will be oriented towards the analysis in the current legal context of the doctrinal points of view expressed in the specialized literature, using as a method the documentary research, the interpretative method and the comparative method.

The Development of the Concept of Contributory Negligence in Civil and Common Law : A Comparison

NARCIS (Netherlands)

van Dongen, E.G.D.; Verdam, Henriëtte P.

2016-01-01

The injured party’s own conduct contributing to the damage suffered has been a bar to the recovery of damages in delictual liability for centuries, both in the traditions of civil as well as common law. This article describes and compares the historical development, from (classical) Roman law up to

Interdits et interdictions dans le droit de la fonction publique Prohibitions in Civil Service Law

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Nicolas Guillet

2009-09-01

Full Text Available Dans le droit français de la fonction publique, les interdits découlent de la situation légale et réglementaire faite aux agents publics. Cette situation juridique objective en constitue le fondement et conduit à une forme d’indétermination de leur étendue. Pour autant, l’apparition de la notion de « déontologie du fonctionnaire » laisse apparaître une mutation de la logique d’interdiction. Cette mutation se traduit par une invitation au respect de bonnes pratiques professionnelles mais aussi à une normalisation des comportements des agents publics.In the French law concerning civil service, prohibitions originate in the situation of the civil servants according to law and regulations. This objective legal situation constitutes the basis of these prohibitions and leads to a sort of indetermination in their scope. However the apparition of the concept of “civil servant’s deontology” shows a mutation in the prohibition’s logics. This mutation is translated into an invitation to respect good professional practices but also into a normalisation of the behaviour of civil servants.

The Role of Sharia Judges in Indonesia: Between The Common Law and The Civil Law Systems

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Alfitri

2017-12-01

Full Text Available This article seeks to analyse the role of Religious Courts’ (Pengadilan Agama or PA Judges in the formation of Islamic law in Indonesia. As part of the civil legal system, PA Judges are bound by legal provisions in handling legal disputes in court. They must apply the applicable legal provisions to decide upon a case. This condition can also be understood from the aspect of appointment of judges in Indonesia, including PA Judges, which is conducted not through professional career path as in the common law system. Thus, they are appointed from a new graduate of law/sharia faculty and then trained, inter alia, to apply and/or interpret applicable laws (legislation; and not to make the law itself. However, on the basis of secondary data analysis, studies on the ijtihad of PA Judges reveal that they are no longer only fixated on the provisions of statutes in deciding cases. They also make laws, cases in point are the Compilation of Islamic Law (KHI and the Compilation of Sharia Economic Law (KHES, do ijtihad on the books of fiqh which became the basis for the drafting of Islamic legislation in Indonesia. Some of them even do direct ijtihad from Sharia sources, namely the Qur'an and Hadith. This condition is arguably more in accordance with the character of judges (qadis in Islamic history which on a certain level similar to the role of judges in common law system.

Open licenses and their compliance with the new private law (new civil code)

OpenAIRE

Kráľ, Štefan

2013-01-01

Computer programs are widely licensed under open (public, open source, free) licenses. This thesis examines whether the open license (especially GNU GPL) is in compliance with the Czech law and which business models are used to generate profit distributing open computer programs. On the basis of analysis of legislation, case law and doctrinal literature the author assesses whether open licenses are admissible under the new Civil Code. The thesis also provides an overview of commonly used busi...

Legalisation of Civil Wars

DEFF Research Database (Denmark)

Buhl, Kenneth Øhlenschlæger

2009-01-01

This article is concerned with the legal challenges of regulating civil wars in international humanitarian law. Civil war is not a term used in international law; it falls however, withing the context of the legal term 'armed conflicts not of an international character', although the shorter 'non......-international armed conflict' is used here. Civil wars are usually limited to the territory of a state. Considering that international law is generally concerned with the legal relations between states – being a legal system based on the system of states with states as its subjects – the main question is how civil...... wars as internal conflicts have become subject to international humanitarian law....

THE COMPANY CONTRACT IN THE NEW ROMANIAN CIVIL CODE, REPORTING TO THE SPECIAL PROVISIONS OF LAW NO. 31/1990

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Victor Bîrca

2016-11-01

Full Text Available This study proposes its principal objective the analysis of the company contract, one of the most updated and used in the present, both regulated by the Civil Code and the Law no.31 / 1990. The general conditions of validity and the specific elements of the contract are presented and analyzed as well as the effects and changes made to the contract and the legal consequences concerning the constitution of the society. The desire to reform the Civil Code is not enough, a unitary conception of matter has to be promoted in the sphere of civil law, to avoid a chain reaction that will include amendments to other laws in force and to determine the development of others. The present study provides an overview of trying to create a new perspective and a more complete analysis.

Challenges To Reducing Discrimination And Health Inequity Through Existing Civil Rights Laws.

Science.gov (United States)

Chandra, Amitabh; Frakes, Michael; Malani, Anup

2017-06-01

More than fifty years after the passage of the Civil Rights Act of 1964, health care for racial and ethnic minorities remains in many ways separate and unequal in the United States. Moreover, efforts to improve minority health care face challenges that differ from those confronted during de jure segregation. We review these challenges and examine whether stronger enforcement of existing civil rights legislation could help overcome them. We conclude that stronger enforcement of existing laws-for example, through executive orders to strengthen enforcement of the laws and congressional action to allow private individuals to bring lawsuits against providers who might have engaged in discrimination-would improve minority health care, but this approach is limited in what it can achieve. Complementary approaches outside the legal arena, such as quality improvement efforts and direct transfers of money to minority-serving providers-those seeing a disproportionate number of minority patients relative to their share of the population-might prove to be more effective. Project HOPE—The People-to-People Health Foundation, Inc.

Civil Liability And Indemnity For Moral Damage In Labour Law: Application Of The Doctrine Of Punitive Damages

Directory of Open Access Journals (Sweden)

Elizabete Geremias

2016-12-01

Full Text Available This paper aims to explain and analyze the importance of the civil liability under labour law with particular emphasis on the application of the doctrine of "punitive damages" as a breakthrough for the development of Brazilian law in the field of solutions to real problems to the fundamental rights at work. The problem of the research is to identify the application of the doctrine of "punitive damages", its justification under the system of civil liability and, in particular, its applicability as a defense mechanism for fundamental rights at work. The research is descriptive and explanatory, documentary-bibliographical.

The gentleman’s agreement in legal theory and in modern practice : the Dutch civil law perspective

NARCIS (Netherlands)

Grosheide, F.W.

1998-01-01

According to an often quoted saying a gentleman’s agreement is an agreement which is not enforceable at law and binding only as a matter of honour. Honour, so the saying suggests, does not belong to the province of civil law. However, on second thoughts this suggestion may appear to be not very

State and supplementary civil liability insurance: the example of swiss nuclear liability law

International Nuclear Information System (INIS)

Buehlmann, W.A.

1993-01-01

This paper describes State guarantee and nuclear liability insurance which has been established, in Switzerland, after the vote of the law of 18 march 1983: Civil liability of nuclear operator has no limitations for nuclear damages compensations. The coverage is given by private insurance and State guarantee. 1 tab

The legal protections form emission under the aspect of section 364/2 ABGB of the Austrian Civil Law

International Nuclear Information System (INIS)

Woerndl, E.

1991-05-01

The legal protections from emissions caused by industries, car and public transportation traffic are one of the most important cases of defending real property. Due to the fact, that the mass media report international cases like 'Wackersdorf', there can be stated a general interest in the subject. Through section 364/2 of the 'Allgemeines Buergerliches Gesetzbuch' the Austrian Civil Law lifts its limits for property in consideration of emissions. The main reasons for the unsatisfying status quo must be related to the misinterpretation of imponderables as the key of emissions in section 364/2 ABGB. In fact section 364 lists a number of possible emissions, one of them considers sewage, which hardly can be declared as an imponderable one. This secures the position that all sorts of different kinds of emissions quoted in section 364/2 as far as 'others' gain civil presentation in case of infringing anybody's property. Another aspect must be referred to the influence of Public Law towards Civil Law and pollution control in particular: In Austria there exists a law (sections 47 and 56/1 Forstgesetz 1975) concerning the damage of forests (there to a great extent the interests of the state are touched because of the position as its land owner), where the legislator has no samples about determinating the terms - what the Civil Law calls 'customary in a place' to the extent of measurable damage. Due to this fact and in order to beware a homogenous legal order 'measurable damage' in general should substitute the inaccurate terms, that one has to relate to in use of section 364/2 ABGB. (author)

The interface of the civil and criminal law of suicide at common law (1194-1845).

Science.gov (United States)

Mendelson, Danuta; Freckelton, Ian

2013-01-01

Nowadays, suicide is considered essentially a private act, although what constitutes suicide for epidemiological and even clinical purposes in not wholly resolved. Historically, however, at common law, the act of self-killing was a felony with significant religious and legal consequences that impacted upon the deceased person as well as upon his or her whole family. This article identifies the influence of Christian theology, legal theory, and social and medical developments upon attitudes to the felony of self-murder and its definition. It focuses upon the start of more psychologically informed attitudes manifested in landmark court judgments involving exclusion clauses in English mid-nineteenth century insurance contracts. The article illustrates that the law in respect of socially controversial matters does not necessarily develops in a linear progression, nor does it accurately reflect public sentiments. More specifically, the article describes an ongoing definitional conundrum with suicide--whether it should be designated as committed by persons of significantly impaired mental state. The authors observe that in spite of reform to the criminal law of suicide, the civil law relating to suicide has continued to be characterised by ambivalence, ambiguity and significant vestiges of counter-therapeutic moralising. Copyright © 2013 Elsevier Ltd. All rights reserved.

Discrimination, developmental science, and the law: addressing dramatic shifts in civil rights jurisprudence.

Science.gov (United States)

Levesque, Roger J R

2014-01-01

The civil rights movement fostered dramatic shifts in legal responses to discrimination based on race, gender, and a host of other group characteristics. The legal system now evinces yet another dramatic shift, as it moves from considering difference to focusing on neutrality, from efforts that seek to counter subjugation to those that adopt a "color-blind" approach. The shifting approach already has reached laws regulating responses to the group that spurred massive civil rights reform: minority youth. The shift requires a different body of empirical evidence to address it and a new look at equality jurisprudence. This article notes the need to turn to the current understanding of prejudice and discrimination for guidance, and uses, as illustration, developmental science to shed light on the development, manifestation, and alleviation of invidious discrimination. Using that understanding, the analysis details how the legal system can benefit from that research and better address discrimination in light of dramatic changes in law. The article articulates the need to address discrimination by recognizing and enlisting the law's inculcative powers through multiple sites of inculcation, ranging from families, schools, health and justice systems to religious and community groups. The discussion concludes with brief suggestions for reform benefiting from understandings of prejudice and its expression. (c) 2014 APA, all rights reserved.

The Role of Sharia Judges in Indonesia: Between the Common Law and the Civil Law Systems

OpenAIRE

Alfitri, Alfitri

2017-01-01

This article seeks to analyse the role of Religious Courts' (Pengadilan Agama or PA) Judges in the formation of Islamic law in Indonesia. As part of the civil legal system, PA Judges are bound by legal provisions in handling legal disputes in court. They must apply the applicable legal provisions to decide upon a case. This condition can also be understood from the aspect of appointment of judges in Indonesia, including PA Judges, which is conducted not through professional career path as in ...

[Medecine, Law, and Knowledge Production about the "Civilized" War in the Long 19th Century].

Science.gov (United States)

Goltermann, Svenja

2015-01-01

The aim to 'civilize' warfare accompanied Medicine and International Law ever since the mid-19th century. However, the entanglement of Medicine and Law, crucial for such an endeavour, has not been taken into consideration so far; likewise, the huge importance of medical knowledge for the perception of wars and their ramifications did not garner much attention in historical research. Hence, by focusing on the 'long' 19th century, this paper shows, firstly, that the production of surgical knowledge during warfare aimed at measuring the effects of combat on human bodies in order to develop prognostic medical knowledge for future wars, as well as maintaining the combat strength of soldiers. Moreover, this knowledge production during warfare strived for the enhancement of medical competence in the diagnosis and treatment of wounds in general. Secondly, I show that this medical knowledge was not only relevant for warfare, but also crucial for the design of International Law: it served to nourish the debates among the so called 'civilized' nations about legitimate and illegitimate weaponry and warfare.

The Judge’s Progressive Decisions in Civil Law Cases (An Analysis on “the Case of Mango Tree”

Directory of Open Access Journals (Sweden)

Suwito

2015-04-01

Full Text Available The idea of a progressive law arbitrate by placing the concept of law as an instrument in achieving social goals. This idea also emphasizes the discovery of the laws in each judge’s decision as an attempt to explore the values that live in the community. This progressive legal thought has been applied in several decisions of judges in Indonesia. One is in the civil case, known as “The Case of Mango Tree” which occurred in the jurisdiction of the Jayapura District Court. The aim in this study was intended to examine the normative juridical one court decision in a civil case based progressive law. The method used is a normative approach to the court decision as a primary legal materials. The results showed that there is a judicial consideration of progressive law judge based on the decision of the court, where the judge has successfully completed the legal issues, including complicated and abstract categories. The conclusion of this cases shows that every legal issue can be resolved without having to override the rules by sticking fast to the rules to achieve a sense of justice, expediency and the rule of law as a hallmark of progressive laws.

COMPARATIVE ANALYSIS OF THE CAUSES OF ABSOLUTE NULLITY OF THE CONTRACT IN THE ROMANIAN AND THE SPANISH CIVIL LAW

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Carla Alexandra ANGHELESCU

2015-07-01

Full Text Available The present paper is aimed to present a comparative analysis of the causes of absolute nullity of the contract in the Romanian and the Spanish civil law. Thus, the study focuses on the presentation of both similarities and differences between the provisions of the Romanian Civil Code and the Spanish Civil Code that regulate the legal institution of the nullity of contracts, outlining the practical consequences of the conclusion.

[Dentistry and healthcare legislation 11. The dentist and the civil law judge: claims].

Science.gov (United States)

Brands, W G; van der Ven, J M; Eijkman, M A J

2014-09-01

In contrast to the law governing complaints and to disciplinary law, a civil law judge can sentence dentists to the restoration of all damages to patients. For this to happen, there has to be evidence of damage, responsibility and a causal connection. For the assumption of responsibility as well as a causal connection, an important question is whether a dentist has violated a relevant guideline or protocol. Moreover, dentists are not only responsible for their own mistakes, but also, in principle, for those of their employees. Depending on the situation, dentists can also be held accountable for the mistakes of a dentist who is working in their practice on a self-employed basis. Dutch dentists do not yet have to fear American situations', because damages awarded in The Netherlands are still relatively low.

Civil Rights Laws as Tools to Advance Health in the Twenty-First Century.

Science.gov (United States)

McGowan, Angela K; Lee, Mary M; Meneses, Cristina M; Perkins, Jane; Youdelman, Mara

2016-01-01

To improve health in the twenty-first century, to promote both access to and quality of health care services and delivery, and to address significant health disparities, legal and policy approaches, specifically those focused on civil rights, could be used more intentionally and strategically. This review describes how civil rights laws, and their implementation and enforcement, help to encourage health in the United States, and it provides examples for peers around the world. The review uses a broad lens to define health for both classes of individuals and their communities--places where people live, learn, work, and play. Suggestions are offered for improving health and equity broadly, especially within societal groups and marginalized populations. These recommendations include multisectorial approaches that focus on the social determinants of health.

DISTINÇÕES HERMENÊUTICAS DA CONSTITUCIONALIZAÇÃO DO DIREITO CIVIL: O INTÉRPRETE NA DOUTRINA DE PIETRO PERLINGIERI / HERMENEUTIC DISTINCTIONS OF THE CONSTITUTIONALIZATION OF CIVIL LAW: THE INTERPRETER IN THE DOCTRINE OF PIETRO PERLINGIERI

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Carlos Nelson Konder

2015-04-01

Full Text Available This paper aims to examine the methodology of constitutionalization of the civil law by Pietro Perlingieri, sometimes referred to as “civil-constitutional law”, through the comparison of this method with others, thus establishing relations, distinctions, similarities, and sometimes opportunities for dialogue. For this purpose, was used the methods’ response technique regarding two questions about interpretation of law: deontology x teleology and restriction x freedom of interpretation.

25 CFR 11.503 - Applicable civil procedure.

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Applicable civil procedure. 11.503 Section 11.503 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.503 Applicable civil procedure. The procedure to be followed in civil...

Harmonization of domestic legislation in the field of civil law with the European Union law: Securing of claims by means of fiduciary agreements

Directory of Open Access Journals (Sweden)

Pajtić Bojan

2012-01-01

legislation in the field of Civil Law with the European Union law, to regulate the institute of fiduciary agreements under the special law, integrate it into the Law on Obligations or make it a part of the future Civil Code of the Republic of Serbia.

Delays in medical malpractice litigation in civil law jurisdictions: some evidence from the Italian Court of Cassation.

Science.gov (United States)

Grembi, Veronica; Garoupa, Nuno

2013-10-01

Medical malpractice law and tort reform are contentious issues. In this paper, we focus on Italy as an example of a civil law jurisdiction. Italian medical malpractice law is essentially judge-made law. However, its effectiveness is likely to be curtailed by excessive delays in litigation. Several reforms have been enacted since the late 1980s to correct this situation. By making use of the decisions of the Italian Court of Cassation (which have shaped medical malpractice law) from 1970 to 2009, we show that these reforms had no general statistically significant impact on delays. Recent reduction of delays does not seem to be related to legal reforms but rather explained by other factors.

Tenancy Law Denmark

DEFF Research Database (Denmark)

Edlund, Hans Henrik

2003-01-01

Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml......Report on Danish Tenancy Law. Contribution to a research project co-financed by the Grotius Programme for Judicial Co-Operation in Civil Matters. http://www.iue.it/LAW/ResearchTeaching/EuropeanPrivateLaw/Projects.shtml...

RECRUITMENT AND PROFESSIONAL TRAINING OF CIVIL SERVANTS

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Roxana Cristina RADU

2014-06-01

Full Text Available An ever increasing feature of public office is the way in which the recruitment and training of civil servants are controlled by legislation. Civil servants are a basic component of public administration but they are also important for labor law because civil service relations have the characteristics of an employment relationship and also specific features resulting from the rules of public law. The relevant expression of the interferences between public and private law for civil servants is recruitment and training. The originality of this article lies in the multidisciplinary character, combining elements of labor law, administrative law and human resources management, character reflected in the bibliography used. Another merit of this study is that the authors correlated the provisions of various laws: Constitution, Labor Code, Law no. 161/2003 on the transparency in exercising public dignities and public functions, Government Ordinance no. 137/2000 regarding the prevention and sanction of all discrimination forms, Government Ordinance no. 129/2000 concerning adults’ professional training.

78 FR 26545 - Consumer Financial Civil Penalty Fund

Science.gov (United States)

2013-05-07

... which civil penalties have been imposed under Federal consumer financial laws. In addition, to the... has violated the law to pay a civil penalty. See, e.g., 12 U.S.C. 5565. Section 1017(d)(1) of the Dodd... activities for which civil penalties have been imposed under the Federal consumer financial laws.'' 12 U.S.C...

78 FR 26489 - Consumer Financial Civil Penalty Fund

Science.gov (United States)

2013-05-07

... administrative action under Federal consumer financial laws. Under the Act, funds in the Civil Penalty Fund may... Bureau may require a party that has violated the law to pay a civil penalty. See, e.g., 12 U.S.C. 5565... or any other provision of law bars the Bureau from using funds in the Civil Penalty Fund for such...

PROTECTION OF RIGHTS UNDER RUSSIAN CIVIL LAW IN A COMPARATIVE CONTEXT

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D. Karkhalev

2016-01-01

Full Text Available The article analyzes the new rules securing the protection of rights introduced in the Russian Civil Code. New enforcement provisions in the Code will contribute to the stability and sustainability of business transactions in the market economy and the observance of contractual discipline. They aim at ensuring the most complete restoration of violated civil rights and restoring the situation that existed before the violation. Positive changes appear in Article 395 of the Code, including penalties prescribing interest payments on unpaid funds for nonperformance of a monetary obligation. The changes to this article have already been tested in practice, as found in a number of interpretations announced in the decisions of higher courts of the judiciary. Yet, an analysis of the Code reveals the absence of any form of penalty in the chapters on the individual types of obligations. Furthermore, a forfeiture occurs only in certain circumstances where it is required due to the nature of the legal relations, as under, for example, transport charters and codes, and laws on the supply of goods for state requirements.

Confusing criminal and civil law: when may a hospital refuse to release a dead body?

Science.gov (United States)

Gallagher, Steven B

2014-12-01

A United Kingdom bereavement advice group has expressed concern that hospitals in Britain may be acting "illegally" in refusing to release dead bodies to relatives unless they provide evidence that funeral arrangements have been made. In some cases, hospitals may have refused to release a body to anyone other than an undertaker. The charity argues that this behaviour constitutes the common law offence of preventing the lawful burial of a body. This article considers the confusion that may occur between this offence and interference with the right to possession of a body for lawful burial. The conclusion is that it is extremely unlikely a hospital or its employees would fall foul of the criminal law in refusing to release a dead body and may be liable in the civil courts if they release a body to someone who does not have the duty and consequent right to possession of the body for lawful burial.

The Civil Law Tradition and Constitutionalism in Twentieth Centruy Mexico. The Legacy of Emilio Rabasa

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Charles A. Hale

1998-07-01

Full Text Available This article argues that it is neccessary to look to Mexico's "civil-law tradition", derived from Rome and continental Europe, in order to understand the problem of constitutionalism and judicial review in the country's public law. Two keys elements of that tradition are a depreciation of judges and a resistance to judge-made law, and the theoretical corollary that law emanates from the Legislator. The political and judicial thought of Emilio Rabasa provides an intriguing insight into these issues. Rabasa advocated a powerful supreme court on the North American pattern and yet resisted the "legislación de los jueces" that he oberved in practice while in exile in the United States from 1913 to 1920. The article argues further that despite Rabasa's ambivalence toward the Northe American legal model, the ssence of his juridical thought was critically  historical and comparative, a characteristic which declined in post-revolutionary Mexico, resulting in a divergence between law and history.

Legal analysis at the Law for Civil liabilities by nuclear damage

International Nuclear Information System (INIS)

Gonzalez G, A.

2000-01-01

The present work has the objective to analyse in specific terms the legal regime of the Civil liability by nuclear damage. It has been the intention of that this compilation is the initiation of a large way which awake the interests of jurists and specialists dedicated to study the aspects as the liability by nuclear damage, compensation guarantee, risk and nuclear damage among others. The peaceful applications of the nuclear energy require the necessity of a legal ordinance that it is updated according to the nuclear technology development that the regulations of the common law do not cover. This work is initiated mentioning some antecedents of the nuclear energy law in Mexico. Also is realized the study of the elemental concepts and definitions about the subject as the evolution of the legal figure in the National law frame where the jurist must do an incursion in the nuclear field and make use of scientific and technical terminology. It was analysed and it was made the reflection of the legal figure of liability, its exoneration cases, about the concepts of risk and nuclear damage overcoming the conceptual error among them. It is talked about the study of nuclear damage and its repairing as financial guarantee to compensate to the people injured by a nuclear accident. Finally, it was treated about the legal analysis and proposals of additions and reforms for updating the Nuclear damage liability Law, concluding with general contributions to the Law resulting products of this work. (Author)

25 CFR 11.501 - Judgments in civil actions.

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Judgments in civil actions. 11.501 Section 11.501 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.501 Judgments in civil actions. (a) In all civil cases, judgment shall...

Transfrontier nuclear civil liability without international conventions

International Nuclear Information System (INIS)

Dogauchi, M.

1992-01-01

Japan is not a contracting party of any international convention in the field of nuclear civil liability, and neither are other east Asian countries who have or will soon have nuclear plants. Therefore, the ordinary rules on private international law will play an important role in dealing with transfrontier nuclear civil liability. Above all, the problems on judicial jurisdiction and governing law are crucial points. With regard to the relations between the above countries and the countries whose legal systems are within the framework of Paris or Vienna Conventions, geographical scopes of these conventions are to be considered. There are two different parts in the international civil liability conventions: uniform civil liability law and mutual funds. As to the first, it is important that, even without the conventions, the basic structure of the nuclear civil liability laws in non-member countries are almost the same with those of members. In any event, considering that the establishment of a single international regime to cover all countries will be hardly possible, legal consequences under the private international law will be explored. (author)

An extraordinary decision. The Muelheim-Kaerlich order of the Federal Constitutional Court. Protection of civil rights by way of procedural law

International Nuclear Information System (INIS)

Mutius, A. von.

1984-01-01

The uthor explains the significance of the Muehlheim-Kaerlich order of the Federal Constitutional Court, of Dec. 12 1979, which represents a landmark of the recent developments in the interpretation of civil rights, which tend to put the protection of civil rights on a procedural basis. The author gives a brief account of the developments, as reflected by Federal Constittuional Court decisions, and them goes into detail on the Muelheim-Kaerlich decision, the statement of facts, the grounds of judgment, the dissenting opinion, and the reaction the decision has met with in the relevant literature. The Court's decision is evaluated in terms of law and with a view to current legal practice. It is shown that protection of civil rights by way of and through administrative procedure is kept within reasonable limits. This order of the Court has by no means revolutionized the law of administrative procedure. It rather contributed to a change of attitude, allowing cautions changes to develop towards administrative rules of procedure which more strongly aim at protecting civil rights. (orig./HSCH) [de

The Guarantee Contract as a Typical Warranty Business in Brazilian Civil Law

Directory of Open Access Journals (Sweden)

Fábio Siebeneichler de Andrade

2016-12-01

Full Text Available This paper deals with the guarantee contract, which is one of the most important forms of legal assurance business. It is one of the most widely used businesses in Brazilian negotiating practice. In this sense, considering the fact that Brazilian Private Law has gone through a renovation, by virtue of legislation such as the Civil Code of 2002 and the Consumer Protection Code, which welcomed the principle of good faith and social function of the contract, it is necessary to examine this important contract and check if it’s discipline is appropriate to the new contractual principles.

32 CFR 935.21 - Civil rights, powers, and duties.

Science.gov (United States)

2010-07-01

... INSULAR REGULATIONS WAKE ISLAND CODE Civil Law § 935.21 Civil rights, powers, and duties. In any case in... the laws of the United States or this part, the civil rights, powers, and duties as they obtain under... 32 National Defense 6 2010-07-01 2010-07-01 false Civil rights, powers, and duties. 935.21 Section...

[Responsibilities of physicians in legal practice with emphasis on civil law].

Science.gov (United States)

Veselić, Ivica

2007-01-01

Medical doctors and lawyers respectively are very often directed to cooperate in many different ways. It is worth informing the medical doctors in a simple and understandable way of a newer and more recent practice of the term of responsibility and its usage in legal practice. Placing subjective or objective medical doctors' responsibility arises a considerable doubt in practice. Author's opinion is that the legal practice should keep the subjective responsibility because it is precisely the subjective responsibility that has a supremacy over the objective one. He is, of course, taking into consideration the honorable medical profession which shouldn't professionally constraint the doctors in doing their honorable work by confronting them with ethical and professional dilemma about whether they would be burdened with criminal or civil responsibility, and all that on the assumption of lege artis. The author has himself searched and checked the archive and Internet records of 200 court rulings of the Municipal Court in Zagreb and the District Court in Zagreb. He also searched Internet records of the Supreme Court of the Republic of Croatia both for the civil law responsibility as for the criminal law one. The figures shown in this work are appriximate and they are to be used as guidelines and support for indentifying and solving problems both in medical as in legal practice. After checking the court rulings of the Municipal Court in Zagreb the author has noted that the mistakes most frequently occur in the field of diagnostics and additional health care (42%), in performing a surgery and post-operative complications (43%) and in the field of ginecology (15%). With the developpement of medicine and technology the risks and medical mistakes are ever growing. However, maybe one simple conversation between a doctor and a patient before and after providing medical services would solve many of the dilemmas and reduce the unreasonable expectations.

The Need to Remove the Civil Code from Mexican Commercial Laws: The Case of “Offers” and “Firm Promises”

OpenAIRE

Iturralde González, Raúl

2017-01-01

Abstract: In 1889, then Mexican President Porfirio Díaz enacted the Mexican Commercial Code that is still in force today. This code was inspired on the Napoleonic code of 1807. Unfortunately, the Mexican code eliminated the use of commercial customs and practices as an accepted method for breaching gaps in commercial law. Since then, Mexican commercial law has held the civil code as the basis for dealing with gaps and loopholes in the application of commercial law. This has prevented the furt...

28 CFR 16.89 - Exemption of Civil Division Systems-limited access.

Science.gov (United States)

2010-07-01

... prosecution of grand jury, civil fraud, and other law enforcement matters, disclosure could compromise matters... affirmative enforcement actions based upon alleged violations of regulations or of civil or criminal laws... civil law enforcement purposes is exempted for the reasons set forth from the following subsections: (1...

25 CFR 11.502 - Costs in civil actions.

Science.gov (United States)

2010-04-01

... 25 Indians 1 2010-04-01 2010-04-01 false Costs in civil actions. 11.502 Section 11.502 Indians BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Civil Actions § 11.502 Costs in civil actions. (a) The court may assess the accruing costs of...

Act of 25 February 1976 amending amounts and limits of the Civil Law

International Nuclear Information System (INIS)

1976-01-01

The Federal Act of 29 April 1964 on nuclear third party liability was modified by Section XXXIII of the Federal Act of 25 February 1976 amending amounts and limits fixed by the Civil Law. This modification came into force on 1 April 1976. For operators of nuclear installations and carriers the ceiling is now 500 million Austrian schillings. For radioisotope holders, the maximum amount depends on the radioactivity and the radiotoxicity of the isotope involved. The present ceiling ranges from 1.2 to 18 million schillings. (NEA) [fr

The usefulness of CBF brain SPECT in forensic medicine: the civil law codes cases. A description of four cases

International Nuclear Information System (INIS)

Piskunowicz, M.; Lass, P.; Bandurski, T.; Krzyzanowski, M.

2003-01-01

The aim of this report was to assess the usefulness of cerebral blood flow (CBF) scanning utilising the SPECT technique in forensic medicine cases in the area of civil law cases. CBF SPECT scanning was performed in four patients utilising 99m Tc-ECD and a triple-head gammacamera. In the analysis both the asymmetry index and cerebellar normalisation were applied. Reference values were obtained by studying 30 healthy volunteers. In those cases CBF SPECT scanning played an important role in forensic argument. It influenced the sentence and the amount of financial compensation. CBF SPECT scanning may provide valuable information in forensic medicine argument in civil law cases, but only when taken together with psychometric tests and other neuroimaging methods (CT, MRI). The value of CBF SPECT scanning alone may be limited in judicial proceedings. (author)

Contractual Penalty and the Right to Payment for Delays Caused by Force Majeure in Czech Civil Law under the New Civil Code

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Janku Martin

2015-12-01

Full Text Available In the context of the conclusion of contracts between entrepreneurs under the Czech Civil Code, it is a relatively common arrangement that the parties disclaim any and all liability for damage arising from non-compliance with contractual obligations, if they can prove that this failure was due to an obstacle independent of their will. This circumstance excluding liability for the damage is called force majeure by the theory. In many countries this circumstance is ruled upon directly by the legislation (höhere Gewalt, vis major. The Czech regulations represented by the new Civil Code of 2012 (CivC, however, contains only a framework provision that mentions discharging reasons. The paper deals with the – rather disputable – issue that the force majeure does not affect the obligation to pay a contractual penalty under the new rules of the CivC. It should be therefore reflected in the arrangements for contractual penalties inter partes. To this effect the paper analyses the concepts of contractual penalties and force majeure in civil law legislation. Afterwards it compares their mutual relationship and impact on the obligations of the Contracting Parties. Finally, it draws recommendations for practice from the perspective of the contracting process.

DEBT SECURITIES, SECURITIES IN THE NEW CODE OF CIVIL LAW – THE NEED OF JUDICIAL DISAMBIGUATION

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Eugenia Florescu

2012-11-01

Full Text Available A large part of the wealth is invested in securities, which circulate through documents or specific scriptural records that are located in the memory of the computer. These magnetic or paper-made „supports”, received different names, in law and in doctrine: debt securities, securities, negotiable instruments or commercial securities, equity securities, bearer bonds, financial instruments, transferable securities, stocks, bonds, bill, promissory note, check, et al. These expressions used by the New Code of Civil Law were assumed tale quale from the specialized language of commercial law, without any concern for explaining the foundation and judicial meaning of these legal institutions, and eliminate the ambiguity in this matter. Under such conditions, the analysis is to identify the criteria under which the judicial genre will separate from the judicial species in relation to the law and jurisprudence of the European Union and/or to the regulations specially adopted at national level, over time.

75 FR 13050 - Regulations to Amend the Civil Procedures

Science.gov (United States)

2010-03-18

... Administrative Law Judge state good reason(s) for departing from the civil penalty or permit sanction assessed by... Administrative Law Judge state good reason(s) for departing from the civil penalty or permit sanction, condition.... 100216090-0123-01] RIN 0648-AY66 Regulations to Amend the Civil Procedures AGENCY: Office of General Counsel...

28 CFR 16.90 - Exemption of Civil Rights Division Systems.

Science.gov (United States)

2010-07-01

... with ongoing criminal or civil law enforcement proceedings and impose an impossible administrative... the records could interfere with ongoing criminal or civil law enforcement proceedings and impose an... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Exemption of Civil Rights Division...

75 FR 35631 - Regulations to Amend the Civil Procedures

Science.gov (United States)

2010-06-23

... Administrative Law Judge state good reason(s) for departing from the civil penalty or permit sanction assessed by... Sec. 904.204(m) that an Administrative Law Judge state good reason(s) for departing from the civil.... 100216090-0205-02] RIN 0648-AY66 Regulations to Amend the Civil Procedures AGENCY: Office of General Counsel...

THE PRINCIPLE OF NON-RETROACTIVITY OF CIVIL LAW - DEVIATIONS IDENTIFIED IN THE MATTER OF TAX LEGISLATION

Directory of Open Access Journals (Sweden)

Cristina-Simona Căpăţînă (Dumitrache

2016-11-01

Full Text Available This article aims to examine the effects of the principle of non-retroactivity of law. While the first section deals with the principle of non-retroactivity of the law in terms of Romanian civil law, the next section presents cases of compliance, but also several cases of violation/breach of the principle enunciated, identified in the tax matter. By researching the date when legal acts or deeds are concluded or, as the case may be, committed or produced, in relation to the effects of the new law over them, we are submitting to a non-retroactivity test some texts from tax laws governing the obligation of the taxpayers to pay tax on profit when no longer meet the conditions to be micro -enterprises, obligation of the individuals without revenue to pay social health insurance contributions, the obligations of the persons carrying out transactions with related parties to draw up transfer pricing file. The effect of the facta pendentia situation is presented and analyzed on a specific case of transfer pricing, which may be misinterpreted as a breach of the principle of non-retroactivity of the law. Precisely for this reason the conclusions present utility both for law theorists and practitioners.

Rule of morality vs. rule of law? An exploratory study of civil servant values in China and the Netherlands

NARCIS (Netherlands)

Yang, L.; van der Wal, Z.

2014-01-01

This article assesses whether civil servant values in China and the Netherlands reflect different administrative traditions (i.e., rule of morality vs. rule of law). The question is highly relevant because both countries have recently undergone reform and modernization, and their mutual dealings and

To the admissibility of the civil law exemption of property from arrest, imposed in the criminal proceedings: domestic and foreign experience

Directory of Open Access Journals (Sweden)

Natalia Kashtanova

2017-01-01

Full Text Available The subject of paper deals with the legal nature of measures of criminal procedural compulsionin the form of seizure of property.Methodological basis of the article is based on general scientific dialectical methods of cognitionof objective reality of the legal processes and phenomena that allowed us to conduct anobjective assessment of the state of legislation and law enforcement practice in the proceduralaspects of the cancellation of the seizure of property in criminal proceedings of Russia.The results and scope of it’s application. It is submitted that the cancellation of the seizureof the property (or the individual limit is allowed only on the grounds and in the mannerprescribed by the criminal procedure law of the Russian Federation. However, the studyfound serious contradictions in the application of the relevant law. In particular, cases inwhich the question of exemption of property from arrest (exclusion from the inventory,imposed in the criminal case was resolved in a civil procedure that, in the opinion of theauthor of the publication, is extremely unacceptable.On the stated issues topics analyzes opinions of scientists who say that the dispute aboutthe release of impounded property may be allowed in civil proceedings, including pendingresolution of the criminal case on the merits. The author strongly disagrees with this positionand supports those experts who argue that the filing of a claim for exemption of propertyfrom arrest (exclusion from the inventory the reviewed judicial act of imposing of arrestwithout recognition per se invalid. In this regard, the author cites the legal position ofthe constitutional Court of the Russian Federation, from which clearly follows that of theright of everyone to judicial protection does not imply the possibility of choice of the citizenat its discretion, techniques and procedures of judicial protection, since the features of suchjudicial protection is defined in specific Federal laws

The current German regime governing third-party access to power transmission systems and denial of TPA, discussed from the angle of applicable civil law, energy industry law and antitrust law

International Nuclear Information System (INIS)

Kuehne, G.

2000-01-01

The German EnWG (energy industry law) for deregulation of the energy sector and implementation of the Internal Energy Market Directive of the EU contains an obligation to contract and make rules for establishing a legally binding system for access to and use of third parties of transmission and distribution networks in the competitive electricity market. The design of such contracts under private law as well as the grid code for network operation primarily being a matter of the contracting parties, the legal basis and opportunities for governmental supervisory functions are embodied in various laws. The legal analysis of this contribution examines the current situation and asks whether the existing provisions of the German BGB (Civil Code), antitrust law and the EnWG offer practicable means in case of need for governmental supervisory action in order to ensure evolution and adherence to a legal framework that will ensure the objectives of the politically willed deregulation of the energy sector and foster development of an open market serving the public welfare. (CB) [de

Padova Charter on personal injury and damage under civil-tort law : Medico-legal guidelines on methods of ascertainment and criteria of evaluation.

Science.gov (United States)

Ferrara, Santo Davide; Baccino, Eric; Boscolo-Berto, Rafael; Comandè, Giovanni; Domenici, Ranieri; Hernandez-Cueto, Claudio; Gulmen, Mete Korkut; Mendelson, George; Montisci, Massimo; Norelli, Gian Aristide; Pinchi, Vilma; Ranavaya, Mohammed; Shokry, Dina A; Sterzik, Vera; Vermylen, Yvo; Vieira, Duarte Nuno; Viel, Guido; Zoja, Riccardo

2016-01-01

Compensation for personal damage, defined as any pecuniary or non-pecuniary loss causally related to a personal injury under civil-tort law, is strictly based on the local jurisdiction and therefore varies significantly across the world. This manuscript presents the first "International Guidelines on Medico-Legal Methods of Ascertainment and Criteria of Evaluation of Personal Injury and Damage under Civil-Tort Law". This consensus document, which includes a step-by-step illustrated explanation of flow charts articulated in eight sequential steps and a comprehensive description of the ascertainment methodology and the criteria of evaluation, has been developed by an International Working Group composed of juridical and medico-legal experts and adopted as Guidelines by the International Academy of Legal Medicine (IALM).

38 CFR 21.7310 - Civil rights.

Science.gov (United States)

2010-07-01

... 38 Pensions, Bonuses, and Veterans' Relief 2 2010-07-01 2010-07-01 false Civil rights. 21.7310... Bill-Active Duty) Administrative § 21.7310 Civil rights. (a) Delegation of authority concerning Federal... her jurisdiction. See part 18 of this chapter. These equal opportunity laws are: (1) Title VI, Civil...

7 CFR 1709.18 - Civil rights.

Science.gov (United States)

2010-01-01

... 7 Agriculture 11 2010-01-01 2010-01-01 false Civil rights. 1709.18 Section 1709.18 Agriculture... ASSISTANCE TO HIGH ENERGY COST COMMUNITIES General Requirements § 1709.18 Civil rights. This program will be administered in accordance with applicable Federal Civil Rights Law. All grants made under this subpart are...

32 CFR 935.20 - Applicable law.

Science.gov (United States)

2010-07-01

... WAKE ISLAND CODE Civil Law § 935.20 Applicable law. Civil acts and deeds taking place on Wake Island... 32 National Defense 6 2010-07-01 2010-07-01 false Applicable law. 935.20 Section 935.20 National... June 15, 1950 (64 Stat. 217) (48 U.S.C. 644a), according to the laws of the United States relating to...

Features of personnel motivation in the civil service

Directory of Open Access Journals (Sweden)

N. F. Artemenko

2016-06-01

The problems and the current state of civil servants motivation are investigated. The author reveals the contents of the new Law of Ukraine «On Civil Service» in the context of civil servants motivation and determines the ways of improving civil servants motivation in Ukraine.

Legal analysis at the Law for Civil liabilities by nuclear damage; Analisis juridico a la Ley de responsabilidad civil por danos nucleares

Energy Technology Data Exchange (ETDEWEB)

Gonzalez G, A

2000-07-01

The present work has the objective to analyse in specific terms the legal regime of the Civil liability by nuclear damage. It has been the intention of that this compilation is the initiation of a large way which awake the interests of jurists and specialists dedicated to study the aspects as the liability by nuclear damage, compensation guarantee, risk and nuclear damage among others. The peaceful applications of the nuclear energy require the necessity of a legal ordinance that it is updated according to the nuclear technology development that the regulations of the common law do not cover. This work is initiated mentioning some antecedents of the nuclear energy law in Mexico. Also is realized the study of the elemental concepts and definitions about the subject as the evolution of the legal figure in the National law frame where the jurist must do an incursion in the nuclear field and make use of scientific and technical terminology. It was analysed and it was made the reflection of the legal figure of liability, its exoneration cases, about the concepts of risk and nuclear damage overcoming the conceptual error among them. It is talked about the study of nuclear damage and its repairing as financial guarantee to compensate to the people injured by a nuclear accident. Finally, it was treated about the legal analysis and proposals of additions and reforms for updating the Nuclear damage liability Law, concluding with general contributions to the Law resulting products of this work. (Author)

Senate report n. 327 law project authorizing the approbation of international agreements on the civil liability in the domain of the nuclear energy

International Nuclear Information System (INIS)

2006-01-01

The objective of this law project is to approve two protocols aiming to modify the OECD convention on the civil liability in the nuclear energy domain. After a short presentation of the international regime of civil liability in the nuclear domain with the Paris and Vienna conventions, the author analyzes the main improvements offered by the two protocols of February 2004 facing the french legislation. (A.L.B.)

Same-Sex Marriages (or Civil Unions/Registered Partnerships in Slovak Constitutional Law: Challenges and possibilities

Directory of Open Access Journals (Sweden)

Marián Sekerák

2017-01-01

Full Text Available In February 2015, Slovakia held a referendum ʻfor the protection of the traditional family.ʼ It was indirectly aimed against the potential legalization of same-sex marriages or civil unions. Owing to the initiative of the Slovak President, the Constitutional Court of the Slovak Republic (CCSR reviewed four proposed referendum questions, while one of them was later declared unconstitutional. I attempt to point out the flaws in the CCSR’s judgment while looking for an argumentation in favour of the recognition of same-sex marriages/civil unions. I argue that Slovak constitutional law provides several principles for such recognition, which include: civic equality, similarity, equal access, democratic state, and the right to privacy. These principles are compared with the recent ground-breaking judgments of the US Supreme Court and the European Court of Human Rights. Finally, I briefly scrutinise the objection that recognising a right for same-sex unions means excessive judicial activism and judicializes politics.

78 FR 22798 - Hazardous Materials: Revision of Maximum and Minimum Civil Penalties

Science.gov (United States)

2013-04-17

.... 5101 et seq.). Section 5123(a) of that law provides civil penalties for knowing violations of Federal... 107--Guidelines for Civil Penalties * * * * * IV. * * * C. * * * Under the Federal hazmat law, 49 U.S... Maximum and Minimum Civil Penalties AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA...

Some aspects on parental protection in the current Romanian Civil Code

Directory of Open Access Journals (Sweden)

Cristina COJOCARU

2013-06-01

Full Text Available The new Civil Code has come to meet the diversification and complexity of social relationships, the growing interference between economic and social life in Romania and the one in Europe and in the world and not least the connection in a greater extent of the Romanian law to the European law. The issues which could occur, given precisely such interconnection with the European law, are those which give rise to issues of civil law enforcement in space, especially when the question would be the application of the Romanian civil law or the foreign civil law, and one of the typical situations in this respect is the law governing parental authority when spouses have different nationalities and misunderstandings arise between them regarding parental authority. Our analysis starts from a hypothetical case, but which may occur in fact, namely the intention of the parent in whose favour was handed down the custody ruling concerning the child, to move in another state together with the child, without having the agreement of the other parent in this respect.

The Reform of the Procedural Religious Court Law Based on Islamic Law in Indonesian Legal System

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Abdullah Gofar

2017-07-01

Full Text Available The history of the development of religious courts and the inner atmosphere struggle of Muslims in Indonesia which faced the state’s political force in the New Order era has brought forth the religious procedural law. Article 54 of The 1989 Law No.7 stated that "the applicable law in the Religious Courts are applicable procedural law in the General Court, except those specifically regulated in this law." Philosophically, the Western law both civil substantive law (Burgerlijke Wetboek and formal law/civil procedure (HIR and Rbg, prepared using the approach of individualism, secular, the optical properties of the nature legal dispute was seen as objects (Zaak which is sheer material. While the substantive law in religious courts is the law derived from Islamic law that stem from philosophical values of Islam. So, the presence of the Religious Courts in the scope of judicial in Indonesia still raises problems, including: Why is the western law of civil procedure which promote the value of materialism and formal correctness adopted into religious procedural law, whereas the philosophical orientation is not aligned with the substantive law based on Islamic law, and what are the efforts to reform the reformulation of procedural law of religious courts.

Comparative evaluation of civil liability conventions on radioactive and oil pollution and liability under international law

International Nuclear Information System (INIS)

Hoche, A.

1988-01-01

In the event of transfrontier radioactive pollution or oil pollution, compensation for damage may be sought under two different liability systems: there is the framework of international law of liability of international persons, and there is the liability regime established by international conventions. The latter system has adopted a very friendly attitude towards the claims of a private victim claiming compensation from the private polluter. The book first sets out the basic principles and practice of the two liability systems, also considering the latest developments and current discussions advocating the acknowledgement of the principle of strict and absolute liability in international law. The relationship of the two systems is the major issue of the book, and the Chernobyl reactor accident has made it a particularly topical issue at that. The problems arising in the wake of this accident have shown the need for clarification in this field. The author suggests as a practical approach a strict separation of the two bases of claims, so that parallel or successive procedure on the level of international law or civil law is possible. Finally the problem of avoiding duplication in the payment of compensation is discussed. (orig./HP) [de

Rules on the conflict of laws in the matter of succession in Romanian private international law

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Daniel BERLINGHER

2014-12-01

Full Text Available Until the entry into force of the new Civil Code (1 October 2011, the law applicable to inheritance made the distinction between the inheritance of movable property (to which the national law of the deceased applied and the inheritance of immovable property (to which lex rei sitae applied. At present, the Civil Code establishes, as a rule of principle, that inheritance is subject to the law of the state on whose territory the deceased had habitual residence at the time of death. Thus, in the new legal regulation, the Romanian legislator considered, on the one hand, the Hague Conventions in this matter, and on the other hand, European Union law. In this article I analyzed the law applicable to inheritance in Romanian private international law, namely the law applicable to wills. Likewise, I conducted a comparative study with the legislation of other states in this matter. As regards the domain of application of the law on inheritance in Romanian private international law, I presented the aspects governed by art. 2636 of the Civil Code.

OVERVIEW OF RUSSIAN CIVIL JUSTICE

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D. Maleshin

2016-01-01

Full Text Available Contemporary Russian civil procedure is not a pure Continental model because it also has procedural features of the common law system, as well as some other original and exceptional features. This article examines the main aspects of Russian civil justice: its main principles; judicial organization, including the structure of the courts and the division between courts of general jurisdiction and arbitrazh (commercial courts, and the Intellectual Property Court; sources of procedural law; bar organization; the jurisdiction of the courts; actions and proceedings; legal costs; evidence; administrative procedure; class actions; enforcement proceedings; and arbitration and mediation.

Handbook for Military Justice and Civil Law

National Research Council Canada - National Science Library

2000-01-01

.... When speaking of the "law of evidence" one does not refer to a single set of laws contained in a particular book; the law of evidence is to be found in the Constitution, statutes, court rules, court decisions, service regulations, scholarly writings, administrative decisions, and the common law.

Mine and land ownership in operation planning procedures. On the framing of issues of conflicting civil rights under administrative law

International Nuclear Information System (INIS)

Schmidt-Assmann, E.; Schoch, F.

1994-01-01

On the framing of issues of conflicting civil rights under administrative law. The available arsenal of legal instruments for solving conflicts between proprietary titles to land surfaces and mines is more extensive and differentiated and, if properly deployed, more effective than one might at first expect. The control mechanisms become effective either immediately through laws or through administrative or private acts and are based on public or on private law. They range from the sphere of mining rights, operation planning law, the law on the prevention of damage to private persons over to the regulations under mining law on the payment of damages. The constitutionality of the mining regulations examined here is beyond dispute. They comply with the constitutional requirement to frame the issue concerned and afford protection while at the same time providing the required measure of openness and flexibility for conforming to the peculiarities of the mining business and permitting the necessary sensitivity of administrative control for managing this multipolar legal relationship. At the statutory level the regulatory purpose of the mining law in force is thus fulfilled. (orig./HSCH) [de

International Migration, US Immigration Law and Civil Society: From the Pre-Colonial Era to the 113th Congress (Edited by Leonir Mario Chiarello and Donald Kerwin, Scalabrini International Migration Network, 2014

Directory of Open Access Journals (Sweden)

Breana George

2014-09-01

Full Text Available International Migration, US Immigration Law and Civil Society: From the Pre-Colonial Era to the 113th Congress, published by the Scalabrini International Migration Network in collaboration with the Center for Migration Studies of New York, offers an overview of immigration law and policy that contextualizes the present challenges in reaching policy consensus in the immigration debate. This book review highlights the debate on executive action in relation to a chapter on the evolution of US immigration laws by Charles Wheeler and a chapter on the role of civil society in immigration policymaking by Sara Campos. 

Civil forensic psychiatry - Part 2: specific issues.

Science.gov (United States)

Samuels, Anthony H

2018-06-01

This paper describes the main areas of civil forensic psychiatry (FP) and the skills required by psychiatric experts. Some specific areas of civil FP are discussed, including tort law reform, reliability of psychiatric evidence, contentious psychiatric disorders, and the many domains of civil FP. Civil FP is an important sub-specialty component of forensic psychiatry that requires greater emphasis in the training and continuing education of psychiatrists. A process of accrediting psychiatrists as having competency in advanced civil FP may be of value.

Legal supervision of network access charges in the energy sector. Determination of charges through ''simulated competition'' and abuse monitoring in accordance with regulatory law, cartel law and civil law; Die Rechtskontrolle von Netzentgelten im Energiesektor. Entgeltbestimmung durch ''simulierten Wettbewerb'' und Missbrauchskontrolle nach Regulierungsrecht, Kartellrecht und Zivilrecht

Energy Technology Data Exchange (ETDEWEB)

Kling, Michael

2013-08-01

This publication shows how the level of network access charges plays a decisive role in the liberalisation of the grid-bound energy sector. Price abuse on the part of network operators that leads to monopoly profits must therefore be prevented through legal supervision in accordance with cartel law, regulatory law and civil law.

Creating a cultural analysis tool for the implementation of Ontario's civil mental health laws.

Science.gov (United States)

Dhand, Ruby

2016-01-01

Ethno-racial people with mental health disabilities experience multiple inequities and differential outcomes when interacting with Ontario's civil mental health laws. Given the increasing multi-racial population in Ontario, there is a need to develop mechanisms to address these intersecting issues. Other countries that have created evaluative tools for mental health legislation include the United Kingdom and Australia. Australia's Rights Analysis Tool, the United Kingdom's Race Equality Impact Assessment, the Scottish Recovery Tool, and the World Health Organization's Mental Health and Human Rights checklist are examples of evaluative tools developed for mental health legislation. Such a tool does not exist in Canada, let alone in Ontario specifically. Thus, this study developed a Cultural Analysis Tool (CAT) consisting of specific and meaningful thematic questions that can be used by practitioners when addressing issues of culture and equity for ethno-racial people with mental health disabilities interacting with Ontario's civil mental health laws. It is hoped that the CAT, and the research underlying its development, will enable practitioners to critically question whether cultural and intersecting concerns are being appropriately addressed within an ethno-racial client's case and, furthermore, how equitable outcomes can be achieved. This article describes and analyzes the methodology, research and qualitative data used to develop the CAT. It then presents and examines the CAT itself. The qualitative data was drawn from thirty-five semi-structured interviews with seven members of each of the following groups: (1) ethno-racial people with mental health disabilities including in-patients and ex-patients, (2) lawyers who practice in the area of mental health law, (3) health care professionals including psychiatrists, nurses and social workers, (4) service providers such as front-line case workers at mental health agencies and (5) adjudicators, government advisors

Analisys of Book i of the New Code of Civil Procedure: A Reflex of the Phenomenon of Constitucionalization of Civil Procedure

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Yvete Flavio da Costa

2016-10-01

Full Text Available This article aims to analyze the Book I of the New Code of Civil Procedure, called "The civil procedural rules" linking it to the constitutionalization process that civil process has going by after the enactment of the 1988 Federal Constitution. This is because, since its enactment, the Democratic Constitution became maximum vector of the entire legal system, so that all laws must  comply  with  its  principles  and  rules,  under  penalty  of  being  considered unconstitutional. The previous Code, enacted in 1973, before the current Constitution, had no such concern because at that time, the maximum vector law was the Civil Code of 1916. So in that text, there was not some of the fundamental assumptions for valid and regular development of civil procedure, such as contradictory. With that in mind, the legislator brought in this chapter, a kind of law of introduction to civil procedure rules, regulating the application of the process in time and space, and also brings the constitutional principles that were not explicitly present in the encoded text before.. The present article is justified by the need to carry out a deeper study of the constitution of civil procedure, with a view to the subject nowadays. In order to enable the thematic deepening of the subject, it was employed the logical deductive and inductive methods logical, since the research was based on deductive research of new legislation.

Brief consideration on the concept of testament in Romanian civil law

Directory of Open Access Journals (Sweden)

Nicuşor CRĂCIUN

2012-01-01

Full Text Available The New Civil Code meets the requirements of legal professionals and improves the legal definition from the previous regulation. Although the New Civil Code retains the general background legalized by the old Civil Code, a welcome, pertinent, necessary and important evolution is to be noticed. There are certainly novelty elements in the content of the New Civil Code and a clear differentiation is drawn between testament and legacy, the two of them benefitting from dedicated texts within the New Civil Code. It is to be noticed that this new definition, filtering judiciously the criticisms and the previous doctrinary construction, succeeds in saving itself of criticism or necessary doctrinary addenda as it manages to comprise the essential.

77 FR 24415 - Inflation Adjustment of the Aggravated Maximum Civil Monetary Penalty for a Violation of a...

Science.gov (United States)

2012-04-24

... Adjustment of the Aggravated Maximum Civil Monetary Penalty for a Violation of a Federal Railroad Safety Law...'') raised the maximum civil penalties available under the railroad safety laws and made individuals liable..., the RSIA raised the maximum civil penalties for violations of the Federal rail safety laws...

From case to law: A study on how cases fulfil the role of a source of law in the Netherlands and its implications for China and comparative law

NARCIS (Netherlands)

Guo, J.

2014-01-01

This study examines how cases fulfil the role of a source of law in one particular continental European civil law jurisdiction: the Netherlands. By doing so, this study aims to achieve two purposes: (1) contributing new knowledge and insights to the existing literature on the role of cases in civil

Contract Law in a Comparative Perspective

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- Suharnoko

2012-05-01

Full Text Available The development of Indonesian contract law has been influenced by enacment of new law, court verdicts and legal practices. It has been influenced by civil law and common law systems applied in other countries as well. The enacment of Consumer Protection Act strenghtens position of consumers against profesional seller. The Basic Agrarian Law and its Implementation Laws improve certainty in ownership of land. Courts have recognized, the doctrine of undue influence, acceptance by conduct, but they have not recognized pre contractual liability and have not applied the doctrine of unjustified enrichment in disputes regarding illegal contract. As practical matter, the integration clause under common law system stipulated in contract governed by Indonesian law, whereas Internasional Convention on Sale of Good regarding this issue adopts civil law system.

46 CFR 506.3 - Civil monetary penalty inflation adjustment.

Science.gov (United States)

2010-10-01

... 46 Shipping 9 2010-10-01 2010-10-01 false Civil monetary penalty inflation adjustment. 506.3... PENALTY INFLATION ADJUSTMENT § 506.3 Civil monetary penalty inflation adjustment. The Commission shall... each civil monetary penalty provided by law within the jurisdiction of the Commission by the inflation...

Civil Rights for Trafficked Persons: Recommendations for a More Effective Federal Civil Remedy

OpenAIRE

Shannon Lack

2008-01-01

In response to increasing public awareness of human trafficking in the United States, the Victims of Trafficking and Violence Protection Act (TVPA) was signed into law by President Bill Clinton in October of 2000. The TVPA consolidated existing legislation to create a comprehensive civil remedy; this ensures that trafficking victims are no longer forced to seek redress under multiple criminal and civil statutes that target only components of the human trafficking offense. However, despite its...

Law 20-30: Teacher Resource Manual.

Science.gov (United States)

King, John; Jackson, Landis

Law 20, in the Alberta (Canada) educational system, is an introductory course with three core modules: (1) "Nature of Law and Civil Law System," (2) "Contract Law," and (3) "Family Law." Law 30 consists of (1) "Basic Rights and Responsibilities," (2) "Labour Law," and (3) "Property Law."…

Some aspects on parental protection in the current Romanian Civil Code

OpenAIRE

Cristina Cojocaru

2013-01-01

The new Civil Code has come to meet the diversification and complexity of social relationships, the growing interference between economic and social life in Romania and the one in Europe and in the world and not least the connection in a greater extent of the Romanian law to the European law. The issues which could occur, given precisely such interconnection with the European law, are those which give rise to issues of civil law enforcement in space, especially when the question would be the ...

The laws. 4. enlarged ed.

International Nuclear Information System (INIS)

1988-01-01

This issue no. 10 presents the terms and definitions valid in the field of civil defence, and the laws and regulations. There is the law relating to civil defence, of August 9, 1976, the official announcement, and the statement of legislative intent; further, the law relating to an extension of disaster services, together with the general administrative provisions concerning organisation, additional equipment, training of personnel, and financing of disaster services. The issue also presents the general administrative regulation for establishment, support, and management of civil defence, the law concerning construction and provision of shelters for the population, the general administrative regulation concerning local alarm systems and services (Warndienst-VwV) of March 31, 1981, and the act relating to the convention of May 14, 1954, for protection of cultural objects in the event of an armed conflict, (act of April 11, 1967), as well as the text of the convention itself and the protocol. (orig.) [de

Law nr 2015-588 of June 2, 2015 related to the strengthening of the protection of civil nuclear installations housing nuclear materials

International Nuclear Information System (INIS)

Hollande, Francois; Valls, Manuel; Taubira, Christiane; Le Drian, Jean-Yves; Cazeneuve, Bernard

2015-01-01

This publication contains the official text of a law adopted by the French Parliament for the strengthening of civil nuclear installations housing nuclear materials. The first article of this law is made of modifications introduced in the Defence Code. The second article states that a report is to be submitted by the Government to the Parliament on the risk and threat assessment of illegal UAVs flyovers, and on technical solutions to improve the detection and neutralisation of these aircraft, as well as on necessary legal adaptations to punish such infringements

Differences in pollution levels among civil law countries: A possible interpretation

International Nuclear Information System (INIS)

Di Vita, Giuseppe

2008-01-01

The aim of this paper is to shed light on the way the legal systems of different countries can explain the discrepancies in their pollution levels. In particular, we underline the factors of capital accumulation and the financial market development, that are driven, among other things, by the various levels of protection accorded by the legal system to both shareholders and creditors. The research develops in two directions. Firstly, we supply a theoretical analysis to explain how constraints on the process of capital accruement affect the pollution level. In the model, a crucial role is assigned to the rate of interest, and its relationship with discount rates, which constitutes an important variable in decisions to implement anti-pollution devices. Secondly, we perform an econometric analysis using the data of eighty-five countries belonging to the legal family of civil law, for the period from 1992 to 2003, adopting four pollution indicators as dependent variables. Our main findings are that legal families and financial market development can help to explain the differences in environmental indicators observed among nations

32 CFR 215.9 - Providing military resources to civil authorities.

Science.gov (United States)

2010-07-01

... requests for firefighting assistance to DSA. (4) Request from civil law enforcement agencies for training... 32 National Defense 2 2010-07-01 2010-07-01 false Providing military resources to civil... DEFENSE (CONTINUED) MISCELLANEOUS EMPLOYMENT OF MILITARY RESOURCES IN THE EVENT OF CIVIL DISTURBANCES...

Towards a European contract law

NARCIS (Netherlands)

Hondius, E.H.

2000-01-01

I. Introduction. II. Subject-matter of this paper. III. Constitutionality. IV. Codification. V. Is it Feasible?VI. Howto proceed. VII. New problems: finding the Law. VIII. The Netherlands, Belgium and Germany. IX. Common Law and Civil Law. X. East and west. XI. European Community Law. XII.

Law Education Resources.

Science.gov (United States)

Letwin, Alita Zurav

1983-01-01

Course outlines and timelines for a junior high school elective, "Youth and the Law," and a senior high school elective, "Criminal and Civil Law," are provided. A sample brochure about a supplementary television series for the junior high course is also included. (SR)

Civil Procedure In Denmark

DEFF Research Database (Denmark)

Werlauff, Erik

scientific activities conducted by the author, partly based on the author's experience as a member, through a number of years, of the Danish Standing Committee on Procedural Law (Retsplejeraadet), which on a continuous basis evaluates the need for civil procedural reforms in Denmark, and finally also based......The book contains an up-to-date survey of Danish civil procedure after the profound Danish procedural reforms in 2007. It deals with questions concerning competence and function of Danish courts, commencement and preparation of civil cases, questions of evidence and burden of proof, international...... procedural questions, including relations to the Brussels I Regulation and Denmark's participation in this Regulation via a parallel convention with the EU countries, impact on Danish civil procedure of the convention on human rights, preparation and pronouncement of judgment and verdict, questions of appeal...

Department of Civil Procedure and Formation of Its Scientific School

Directory of Open Access Journals (Sweden)

Вячеслав Васильович Комаров

2016-06-01

Full Text Available The article deals with research of the early stage of formation of scientific school of department of Civil Procedure of Yaroslav Mudryi National Law University. The achievements of the scientists of the department are analyzed, who were the intellectual founders of its scientific and pedagogical traditions. The urgent problems of civil procedure law science of that time and the scientific achievements of the department, which became cornerstones for its future development and next generations of procedural law scientists, are highlighted. The article presents the research of the subject of civil procedural law by S.Yu. Katz and L.Y. Nosko. Description of L.Y. Nosko’s works is made, in which the author examined some aspects of the method of legal regulation of civil procedure law, which at that time was innovative research direction. M.M. Vasilchenko’s research on the problem of the right to judicial protection as applied in terms of realization of the right to judicial protection by the defendant in a civil process is highlighted. Attention is drawn to the problem of theory of judicial decisions as judicial acts on implementation of the functions of justice in civil cases, particularly to T.N. Gubar’s dissertation research on this issue and to some other research works of the scientist. Yu. M. Chuikov’s position on the legal nature of a separate ruling are analyzed, which were highlighted in a monographic work of a scientist "Separate ruling in civil proceedings". In his further research, the scientist through the institute of separate ruling moves to more generalized research subject - preventive and educational activities of the court as a whole. Part of the work describes the research activities and scientific interests of A.M. Smetska, namely research on general issues on enforcement proceedings. The article also gives a brief description of the further research of the department and educational-methodical literature of the

Theoretical points of view on the notion of cause (consideration of contracts in the Serbian doctrine of civil law till the adoption of the law on obligations

Directory of Open Access Journals (Sweden)

Dudaš Atila

2011-01-01

Full Text Available In this paper the author analyzes the different points of view on the notion of cause (consideration in contract in the Serbian doctrine of civil law as until the adoption of the Law on Obligations in 1978. Having in mind that the Law, adhering to the normative solutions of the French Civil Code, explicitly regulates the institution of cause of contract, as one of the conditions of formation and validity of contract, its adoption can certainly be considered as an event of a watershed importance in respect of the analysis of various theoretical points of view on the notion of cause of contract in the Serbian literature. The fact that the institution of cause of contract had not been explicitly regulated in Serbian positive law as until the adoption of Law on Obligations had its effect on the evolution of doctrine in this period in two ways. On one hand, the range of differing theoretical points of view was very wide, covered as good as all the relevant streams in the doctrine of cause, from the ones accepting this institution (so-called causalistic theories to the ones denying its legal significance in any sense (so-called anticausalistic theories. By the adoption of the Law on Obligations in 1978 the notion of cause of contract became a legal institution in Serbian positive law that had a profound impact on the evolution of doctrine. On one hand, the cause of contract was not a neglectable legal notion any more, therefore it seems entirely logical that there is as good as no authority since then who has not dedicated to the notion of cause of contract an article or two, or at least a separate part in their textbooks. On the other hand, the determination of the legislator to assign the Serbian legal system to the family of legal systems in which the notion of cause of contract is stipulated as one of conditions of formation and validity of contract, led to the shrinkage of the diapason of various, often conflicting, points of view on cause of

Pengaruh Sistem Hukum Common Law terhadap Hukum Investasi dan Pembiayaan di Indonesia

OpenAIRE

Harjono, Dhaniswara K

2009-01-01

World jurisdictional system subdivided as Common Law's law system and Civil Law's law system that deep its oftentimes implement impinging and interplay. Globalization has begat pranata's input sentences investment and indigenous finances system sentences Common Law goes to Indonesia that follow Civil Law's system. Its attending is trusts's institute, housings secondary finances, capital market and sekuritisasi in forms EBA that its beginning just amends on State that follow Common Law's law s...

Legal Regulation of Civil Servants in Russia and Germany Receiving Gifts

Directory of Open Access Journals (Sweden)

Svetlana Zimneva

2015-01-01

Full Text Available The article deals with the conflict between the provisions of the Criminal Code of the Russian Federation, where the minimum amount of the bribe is not defined, and the provision of the Federal Law ‘On State Civil Service of the Russian Federation,’ which, on the one hand, contains an absolute ban on civil servants receiving gifts and other types of remuneration, while, on the other hand, Art. 575 of the Civil Code of the Russian Federation admits a possibility for civil servants to receive gifts of an amount not exceeding 3,000 rubles in the performance of their official duties. This legal conflict necessitates conceptual clarification of such notions as ‘gift’ and ‘bribe.’The authors underline that a determining factor for establishing the legitimacy of the customary gifts given to government officials is whether the gifts were accepted by the officials, while executing their duties, without a prior agreement for an action or inaction. It is noted that the limitation of a gift’s maximum value to 3,000 rubles, as stated in the Civil Code of the Russian Federation, creates an opportunity to abuse or evade the law.The article presents a comparative study of European laws, more specifically dealing with the institute of donation, and Russian legislation regarding the possibility of civil servants receiving gifts. German law does not single out ‘customary gifts;’ it simply does not admit the possibility of giving gifts or the right to receive gifts by German civil servants.The authors have developed proposals to improve the legal regulation concerning the giving of gifts to government officials in Russia.

Realization of Human Rights Guarantees in Civil Proceedings in Russia

Directory of Open Access Journals (Sweden)

Badma V. Sangadzhiev

2016-09-01

Full Text Available Civil legal proceedings are conducted according to the federal laws existing during consideration and permission of a civil case (making of separate legal proceedings or execution of court decrees. In case of lack of the regulation of a procedural law governing the relations which arose during civil legal proceedings, federal courts of the general jurisdiction and magistrate's courts apply the regulation governing the similar relations (analogy of the law. In the absence of such regulation of the judge work proceeding from the general principles of implementation of justice in the Russian Federation (analogy is right. Dispositions of general constitutional guarantees (which don't belong directly to judicial system, however their sense can quite be applied to judicial process of consideration of civil cases contain in the following articles of the Constitution of Russia: 17, 19, 29 and 45. Judicial activities are characterized by the major indicators: quality and efficiency (observance of procedural terms. According to the conventional principles and rules of international law to be an offender without unjustifiable delay constitutes one of the fundamental human rights inseparably linked with the right to fair legal proceeding. In a sense of the constitutional regulation, first, everyone has the right, but isn't obliged to protect the rights, secondly, to protect by all methods which aren't forbidden by the law. It is thought, the last purchases the force and the importance not as ascertaining (or transfer these methods in the law and as availability of real mechanisms of their use by the individual and availability of use.

Civil society: beyond non profit / Sociedad civil: más allá del non profit

Directory of Open Access Journals (Sweden)

Miguel de Haro Serrano

2013-10-01

Full Text Available For a numerous group of recognized and proved authority authors, the Civil Society is limited to the Non Profit organizations. Non Profit is the great limit, the rigid and static border. The limes on the Roman Empire were less overwhelming than the non profit of certain academics. Dura lex and unfair law that keeps aside from the civil society scope the entities on the social economy and the whole market around mercantile enterprises and businesses. Nevertheless, the new changes in the today’s society and the new concept of businesses oriented to the society without forsaking the quest for economic profit, poses a Civil Society beyond non profit.

Jurisdiction in international civil and commercial cases : a comparative study of the law in the IBSA countries and the Hague Convention on Choice of Court Agreements

OpenAIRE

2015-01-01

LL.M. (International Commercial Law) This dissertation concerns a comparative analysis of Brazilian, Indian and South African private international law principles on the exercise of jurisdiction in international civil and commercial cases. The intention is to uncover the fundamental grounds of jurisdiction in these legal systems and in doing so draw attention to their comparable characteristics. Emphasis is placed on matters of a commercial nature. Furthermore, a discussion of the Hague Co...

Debarring from succession – Comparing the regulations of the former civil code and the New Civil Code from 2009

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Ioana NICOLAE

2012-01-01

Full Text Available This paper presents the changes in the legal framework regarding succession issue. These changes have been examined in light of three hypotheses arising from the former Civil Code. The distinction between judiciary debarring and lawful debarring introduced by the New Civil Code from 2009 is also presented. The conditions for cancelling the effects of debarring from succession stipulated by the New Civil Code are explained. Finally, several legal circumstances for declaring a person unworthy of succession are comparatively presented.

Simplified proceeding as a civil procedure model

Directory of Open Access Journals (Sweden)

Олексій Юрійович Зуб

2016-01-01

Full Text Available Currently the directions for the development of modern civil procedural law such as optimization, facilitation, forwarding proceedings promoting the increase of the civil procedure efficiency factor are of peculiar importance. Their results are occurrence and functionality of simplified proceedings system designed to facilitate significantly hearing some categories of cases, promotion of their consideration within reasonable time and reduce legal expenses so far as it is possible. The category “simplified proceedings” in the native science of the procedural law is underexamined. A good deal of scientists-processualists were limited to studying summary (in the context of optimization as a way to improve the civil procedural form, summary proceedings and procedures functioning in terms of the mentioned proceedings, consideration of case in absentia as well as their modification. Among the Ukrainian scientist who studied some aspects of the simplified proceedings are: E. A. Belyanevych, V. I. Bobrik, S. V. Vasilyev, M. V. Verbitska, S. I. Zapara, A. A. Zgama, V. V. Komarov, D. D. Luspenuk, U. V. Navrotska, V. V. Protsenko, T. V. Stepanova, E. A. Talukin, S. Y. Fursa, M. Y. Shtefan others. The problems of the simplified proceedings were studied by the foreign scientists as well, such as: N. Andrews, Y. Y. Grubanon, N. A. Gromoshina, E. P. Kochanenko, J. Kohler, D. I. Krumskiy, E. M. Muradjan, I. V. Reshetnikova, U. Seidel, N. V. Sivak, M. Z. Shvarts, V. V. Yarkov and others. The paper objective is to develop theoretically supported, practically reasonable notion of simplified proceedings in the civil process, and also basing on the notion of simplified proceedings, international experience of the legislative regulation of simplified proceedings, native and foreign doctrine, to distinguish essential features of simplified proceedings in the civil process and to describe them. In the paper we generated the notion of simplified proceedings that

Considerations in civil commitment of individuals with substance use disorders.

Science.gov (United States)

Cavaiola, Alan A; Dolan, David

2016-01-01

Several states currently have enacted laws that allow for civil commitment for individuals diagnosed with severe substance use disorders. Civil commitment or involuntary commitment refers to the legal process by which individuals with mental illness are court-ordered into inpatient and/or outpatient treatment programs. Although initially civil commitment laws were intended for individuals with severe mental illness, these statutes have been extended to cover individuals with severe substance use disorders. Much of the recent legislation allowing for civil commitment of individuals with substance use disorders has come about in response to the heroin epidemic and is designed to provide an alternative to the unrelenting progression of opioid use disorders. Civil commitment also provides an opportunity for individuals with opioid use disorders to make informed decisions regarding ongoing or continued treatment. However, civil commitment also raises concerns regarding the potential violation of 14th Amendment rights, specifically pertaining to abuses of deprivation of liberty or freedom, which are guaranteed under the 14th Amendment to the United States Constitution. This commentary examines these issues while supporting the need for effective brief civil commitment legislation in all states.

Battle Brewing Over Arkansas Creationism Law.

Science.gov (United States)

Baum, Rudy

1981-01-01

Reports recent proceedings regarding a new law enacted in early 1981 in Arkansas which requires schools that teach evolution to teach what the law calls "creation-science." Opposition to the law by the American Civil Liberties Union is discussed. (CS)

Theories of cause (consideration of contract in the Serbian doctrine of civil law after the adoption of the Law on Obligations

Directory of Open Access Journals (Sweden)

Dudaš Atila

2012-01-01

authorities argue that the cause of contract is a necessary legal institution, although they differ in the conceptual determination of this notion. However, Boris Vizner and Martin Vedriš may in this respect be deemed an exception. The former is of the opinion that the relevant sections of the Law on Obligations do not regulate the notion of cause of contract, but different titles of acquiring rights (titulus, while the latter claims that they mean the notion of basis of juridical act (Geschäftsgrundlage from the German doctrine of civil law. All other authorities maintain that the sections of the Law on Obligations on the basis of obligation refer to the French notion of cause of contract and define it mainly within the premises of the neoclassical theory of cause of contract.

SEVERAL OBSERVATIONS REGARDING THE REGULATION OF THE CONTRACT OF PARTNERSHIP IN THE NEW CIVIL CODE

Directory of Open Access Journals (Sweden)

IOLANDA-ELENA CADARIU-LUNGU

2012-05-01

Full Text Available Following the model of the Italian Civil Code, of the Civil Code from Quebec, the Swiss and the Dutch ones, the new Romanian Civil Code has adopted the monist conception of regulating the private law relationships, gathering in the same normative act traditional civil law dispositions as well as dispositions that are specific to the commercial relationships among professionals. In this regulating context, one of the fundamental changes the new Civil Code brings is the unification of the legal regime applicable to civil and commercial contracts, with all the consequences that derive from this new legislative approach. This fundamental modification is first determined by the profound change of the character of social, economic and juridical relationships, by the change of the cultural level of the Romanian society, by the closeness of the two branches of civil and commercial law and, last but not least, by the evolution of the business environment. In this line of thought, we can identify important changes in the matter of the contract of partnership which, as regulated by the new Civil Code, constitutes the common law both for the simple partnerships (former civil societies as well as for the commercial companies, to which the special legislation still in force in the matter still applies. In this study we aimed at analyzing the general common features of all associative forms listed by art. 1.888 Civil Code and the new elements in the matter, with critical observations where needed, which take the form of a comparison with the specific legislation in the field from the Civil Codes that served as a source of inspiration for the Romanian legislator.

Surrogate motherhood and Private International Law: Perspectives in the light of the new Civil and Commercial Code of Argentina

Directory of Open Access Journals (Sweden)

Luciana B. Scotti

2015-10-01

Full Text Available The gestation by substitution, commonly called surrogacy, is undoubtedly a complex legal concept that has as many detractors as supporters. This technique of assisted human reproduction, unlike other traditionally accepted, puts into question the famous maxim of Roman law mater semper certa est. Though this practice is not new, it has gained popularity in recent years and in Argentina reached a noticeable impact due to a series of court decisions and particularly when it was incorporated into the Draft Civil and Commercial Code of Argentina and subsequently removed from the final text adopted by Congress. Given the legislative gap of the new Argentinean Code, approved by Act 26994, in force since 1 August 2015, we will often see cases of people making use of this technique in a foreign country. However, the effects of filiation obtained under foreign law that allows for substitution gestation, usually pose a problem of recognition in our country, to be analyzed in the light of the rules of Private International Law.

Water, law, science

Energy Technology Data Exchange (ETDEWEB)

Narasimhan, T.N.

2007-10-17

In a world with water resources severely impacted bytechnology, science must actively contribute to water law. To this end,this paper is an earth scientist s attempt to comprehend essentialelements of water law, and to examine their connections to science.Science and law share a common logical framework of starting with apriori prescribed tenets, and drawing consistent inferences. In science,observationally established physical laws constitute the tenets, while inlaw, they stem from social values. The foundations of modern water law inEurope and the New World were formulated nearly two thousand years ago byRoman jurists who were inspired by Greek philosophy of reason.Recognizing that vital natural elements such as water, air, and the seawere governed by immutable natural laws, they reasoned that theseelements belonged to all humans, and therefore cannot be owned as privateproperty. Legally, such public property was to be governed by jusgentium, the law of all people or the law of all nations. In contrast,jus civile or civil law governed private property. Remarkably, jusgentium continues to be relevant in our contemporary society in whichscience plays a pivotal role in exploiting vital resources common to all.This paper examines the historical roots of modern water law, followstheir evolution through the centuries, and examines how the spirit ofscience inherent in jus gentium is profoundly influencing evolving waterand environmental laws in Europe, the United States and elsewhere. In atechnological world, scientific knowledge has to lie at the core of waterlaw. Yet, science cannot formulate law. It is hoped that a philosophicalunderstanding of the relationships between science and law willcontribute to their constructively coming together in the service ofsociety.

From the American Civil War to the War on Terror: Three Models of Emergency Law in the United States Supreme Court

DEFF Research Database (Denmark)

Hartz, Emily

This book offers a systematic and comprehensive account of the key cases that have come to shape the jurisprudence on emergency law in the United States from the Civil War to the War on Terror. The legal questions raised in these cases concern fundamental constitutional issues such as the status...... of fundamental rights, the role of the court in times of war, and the question of how to interpret constitutional limitations to executive power. At stake in these difficult legal questions is the issue of how to conceive of the very status of law in liberal democratic states. The questions with which...... the Supreme Court justices have to grapple in these cases are therefore as philosophical as they are legal. In this book the Court's arguments are systematized according to categories informed by constitutional law as well as classic philosophical discussions of the problem of emergency. On this basis...

The immunity of states and their officials in international criminal law and international human rights law

NARCIS (Netherlands)

van Alebeek, R.

2008-01-01

* Provides an in-depth analysis of case law such as the Pinochet, Jones, Al-Adsani, the Arrest Warrant, and Taylor cases. * The first comprehensive treatment of the subject for both civil and criminal proceedings The development of international human rights law and international criminal law has

Water, law, science

Science.gov (United States)

Narasimhan, T. N.

2008-01-01

SummaryIn a world with water resources severely impacted by technology, science must actively contribute to water law. To this end, this paper is an earth scientist's attempt to comprehend essential elements of water law, and to examine their connections to science. Science and law share a common logical framework of starting with a priori prescribed tenets, and drawing consistent inferences. In science, observationally established physical laws constitute the tenets, while in law, they stem from social values. The foundations of modern water law in Europe and the New World were formulated nearly two thousand years ago by Roman jurists who were inspired by Greek philosophy of reason. Recognizing that vital natural elements such as water, air, and the sea were governed by immutable natural laws, they reasoned that these elements belonged to all humans, and therefore cannot be owned as private property. Legally, such public property was to be governed by jus gentium, the law of all people or the law of all nations. In contrast, jus civile or civil law governed private property. Remarkably, jus gentium continues to be relevant in our contemporary society in which science plays a pivotal role in exploiting vital resources common to all. This paper examines the historical roots of modern water law, follows their evolution through the centuries, and examines how the spirit of science inherent in jus gentium is profoundly influencing evolving water and environmental laws in Europe, the United States and elsewhere. In a technological world, scientific knowledge has to lie at the core of water law. Yet, science cannot formulate law. It is hoped that a philosophical understanding of the relationships between science and law will contribute to their constructively coming together in the service of society.

USAGES – THE LEGAL REGIME IN NEW CIVIL CODE

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EMILIAN CIONGARU

2013-05-01

Full Text Available In the broad sense, the concept of law is represented by totality of acts that are elaborated by competent state authorities and their purpose is legislating. There are juridical situations are outside the scope of regulation of legal norms and they are stipulated by the New Civil Code, namely the usages: which are defined, in the broad sense, as rules of conduct for a long time, born of social practice. If the law sanctioned any usage, by a rule of reference, giving them, as such obligatory legal power, they are sources of law and the legislator has provided, as is source of civil law, only usages which are in conformity to public order and morality. This problem there was no in the case of legal rules because, they themselves are created with the purpose of to generate the public order and morality. In the situations not covered by law, the usages have a greater force than that of the legal dispositions regarding similar situations, so the broad interpretation of the rules of civil law is made, in the cases which are not covered by the law, only if such an interpretation is not contrary to the usages. An analysis and understanding of the juridical status of usages representing: the customs and the local habits which is accepted by the members of that community as well as the professional uses, as rules of development of professional activities, may result in to perceive the legal force of their but also to reduce, on as much as possible, some potentials confusions of interpretation and application of the law.

Civil Law and Catholic Education: Past, Present, and Future

Science.gov (United States)

Shaughnessy, Mary Angela

2009-01-01

This article will address the sources of the laws impacting Catholic education, particularly constitutional law, statutory and regulatory law, and contract law. Specific issues related to these areas will be discussed, including discipline, lifestyle and belief, negligence, sexual abuse, boundaries, confidentiality, cyberspace, and safety. The…

Social Studies: Law Education.

Science.gov (United States)

Curriculum Review, 1979

1979-01-01

Reviews 11 series, texts, supplements, kits, and professional references for law instruction, including civil and criminal law, the Bill of Rights, and controversial legal issues: arson, gun control, capital punishment, and euthanasia. While all grade levels are covered, the emphasis is on secondary-level materials. (SJL)

European laws on compulsory commitment to care of persons suffering from substance use disorders or misuse problems- a comparative review from a human and civil rights perspective.

Science.gov (United States)

Israelsson, Magnus; Nordlöf, Kerstin; Gerdner, Arne

2015-08-28

Laws on compulsory commitment to care (CCC) in mental health, social and criminal legislation for adult persons with alcohol and/or drug dependence or misuse problems are constructed to address different scenarios related to substance use disorders. This study examines how such CCC laws in European states vary in terms of legal rights, formal orders of decision and criteria for involuntary admission, and assesses whether three legal frameworks (criminal, mental and social law) equally well ensure human and civil rights. Thirty-nine laws, from 38 countries, were analysed. Respondents replied in web-based questionnaires concerning a) legal rights afforded the persons with substance use problems during commitment proceedings, b) sources of formal application, c) instances for decision on admission, and d) whether or not 36 different criteria could function as grounds for decisions on CCC according to the law in question. Analysis of a-c were conducted in bivariate cross-tabulations. The 36 criteria for admission were sorted in criteria groups based on principal component analysis (PCA). To investigate whether legal rights, decision-making authorities or legal criteria may discriminate between types of law on CCC, discriminant analyses (DA) were conducted. There are few differences between the three types of law on CCC concerning legal rights afforded the individual. However, proper safeguards of the rights against unlawful detention seem still to be lacking in some CCC laws, regardless type of law. Courts are the decision-making body in 80 % of the laws, but this varies clearly between law types. Criteria for CCC also differ between types of law, i.e. concerning who should be treated: dependent offenders, persons with substance use problems with acting out or aggressive behaviors, or other vulnerable persons with alcohol or drug problems. The study raises questions concerning whether various European CCC laws in relation to substance use disorder or misuse problems

The general clause of right abuse as longa manus function of civil responsibility institute A cláusula geral do abuso de direito como função longa manus do instituto da responsabilidade civil

Directory of Open Access Journals (Sweden)

Franciel Munaro

2007-12-01

Full Text Available The new Civil Code brings the institute of right abuse as a general clause. This clause, through its structural elements, as good-faith, good-customs and the social and economical aims, will find the responsibility of the agent into compensate another person who has overtook the limits of the law. The right abuse institute, however, goes further one to the civil order and the responsibility institute, coming around another fields of the law as well the institute of civil responsibility, matching with another law fields, reason that include a great situations and law probabilities, should be worked as a law principle.O Novo Código Civil traz o instituto do abuso de direito erigido a uma cláusula geral. Esta, através de seus elementos estruturais, como a boa-fé, os bons costumes e os fins econômicos e sociais, determinará a responsabilidade do agente em indenizar outrem caso este ultrapassar os limites do permitido. O instituto do abuso de direito, contudo, extravasa à ordem civil, bem como ao instituto da responsabilidade, permeando por outros campos do direito, fato pelo qual abrange uma vasta gama de situações e probabilidades jurídicas, devendo ser trabalhado como um princípio de direito.

The Correlation Of Islamic Civilization In Sciences With Western World

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Mohamed Mohamed Tolba Said

2018-01-01

Full Text Available The nature of scientific verification of knowledge distinguishes it from mystical knowledge in empirical sciences. Islam is a religion and a civilization, historically connecting various stages of human history for more than fourteen centuries. The Islamic ethics and law “Sharia’h” are coherent legal system to protect private property within a comprehensive and rational system. Capitalism and the industrial revolution of western world dramatically transformed resulting in a socio-economic schism consequently emerged as a domineer for existence and affected the Islamic world. The secular and rationalized legal framework needed capitalism, which is incompatible with the nature of Islamic law. The western science in this civilization is also separated from morality and noble values because it has adopted materialistic philosophies and ideologies, such as Pragmatism, Darwinism, Existentialism and any other philosophy that is against the Islamic religion. keywords: Islamic civilization, western world, empirical sciences, Islamic ethics, Islamic law “Shari’ah”, materialistic, human History.

Civil liability for nuclear damage law

International Nuclear Information System (INIS)

1974-01-01

This Law has as its main objective to regulate civic responsability on damages or injuries that may be brought about by the usage of nuclear reactors and the use of nuclear substances or fuels and their consecuent wastes. The text of this law is consituted by 5 chapters that deal with the following subjects: CHAPTER ONE.- Objective and Definitions. CHAPTER TWO.-On Civic Responsability on Nuclear Damages or Injuries. CHAPTER THREE.- On the Limits of Responsability. CHAPTER FOUR.- On Prescription. CHAPTER FIVE.- General Regulations Concepts such as the following are defined concretely and precisely: Nuclear Accident, Nuclear Damage or Injury, Atomic Energy, Operator of a Nuclear Facility, Nuclear Facility, Radioactive Product or Waste Material, Nuclear Reactor, Nuclear Substances Remittance and Hazardous Nuclear Substance

European standards of the civil service integrity

Directory of Open Access Journals (Sweden)

L. V. Prudyus

2016-09-01

It was offered for further implementation of the European standards of integrity to develop a new Code of integrity for civil servants and take measures, which contain Anti-Corruption Strategy: adopt a law on the protection of persons who honestly reported regarding corruption offenses (denunciators, in particular a law concerning conducting the inspection of public servants on integrity.

Operational Law Handbook,2007

National Research Council Canada - National Science Library

2007-01-01

... & SOFAs, legal assistance, combating terrorism, domestic operations, noncombatant evacuation operations, special operations, civil affairs, air, sea, and space law, detainee operations, reserve...

INADMISSIBLE EVIDENCE IN CIVIL PROCEDURE

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Mihajlo Dika

2016-01-01

Full Text Available This paper examines the exclusion of specific means of evidence as instruments for determining the object of evidence, as well as the taking of evidence in the framework of the Croatian civil procedure law. The introduction lays the grounds for classifying and qualifying exclusion of evidence (general, special; absolute, relative; removable, irremovable; direct, indirect, after which greater attention is paid to the so called absolute and relative type; exclusionary evidence of the direct relative type pertaining to the establishing of facts, and evidence dismissals. With regard to the indirect relative type, the paper examines exclusionary evidence concerning the object of evidence. The remainder of the paper focuses on illegally obtained evidence, while outlining the constitutional, statutory, judicature and doctrinaire premises of bearing for such evidence. Subsequently, the question of evidence obtained in violation of the Constitutional guarantee of respect and legal protection of private and family life, dignity, reputation and honour, as well as evidence obtained by breach of the Constitutional guarantee of freedom and secrecy of correspondence and all other forms of communication, and in violation of the right to safety and privacy of personal data, are discussed too. In addition, the paper analyses the institutions of preclusion of evidence and the so called informative evidence. Concluding, the author points to a lacking regulation of inadmissible evidence within the Croatian civil procedure law, underlining the need to determine de lege ferenda legal requirements with a view to operationalizing inadmissible evidence within the Croatian civil procedure law.

Nuclear damage - civil liability

International Nuclear Information System (INIS)

Simoes, A.C.

1980-01-01

An analysis is made of the civil liability for nuclear damage since there is a need to adjust the existing rules to the new situations created. The conventions that set up the new disciplining rules not considered in the common law for the liability of nuclear damage are also mentioned. (A.L.) [pt

Civil Society and Distributional Conflicts in Southeast Asia

DEFF Research Database (Denmark)

Schmidt, Johannes Dragsbæk

2010-01-01

focuses on the competing theoretical definitions and assumptions about civil society, democratization and social change; the second part explores the attempts by civil society actors to impact conflicts over resources and distribution of welfare in Southeast Asia; the third section focuses...... on the conflictual relationship between civil society organizations (CSOs) and the state and various types of social and labour market regulations, laws and contractual relationships, and finally the need for progressive social reform is emphasized as one important type of social resistance against the downsizing...

Why atomic energy affects Civil Law

International Nuclear Information System (INIS)

Knieper, R.

1980-01-01

The author deals with the widely disparaged decision of the Stuttgart Local Court which dismissed the complaint filed against some 'electricity rate payment boycotters' as being 'unfounded for the time being'. He proceeds on the question as to whether political considerations have surpassed the disciplining limits of laws and interpretations bound by the Basic Law. He considers the real problem to be whether the protected interests of third parties may be sacrified for the sake of any ideals of freedom. The relationship between complainant and defendant is much more complex than a contractual relation, the social dependence on power supply and being at the mercy of researchers embrace this relation inescapably. To make this general problem operationable, the court resorts to the construction of 'an additional obligation under a contract being broken'. (HSCH) [de

75 FR 57597 - Revised Proposal for Revisions to the Schedules of Civil Penalties for a Violation of a Federal...

Science.gov (United States)

2010-09-21

... Revisions to the Schedules of Civil Penalties for a Violation of a Federal Railroad Safety Law or Federal... railroad safety laws and regulations are necessary because many of FRA's civil penalties have not been..., et al. Revised Proposal for Revisions to the Schedules of Civil Penalties for a Violation of a...

Image Right and Copyright Law in Europe: Divergences and Convergences

OpenAIRE

Tatiana Synodinou

2014-01-01

This paper analyses the multiplicity of image rights in Europe and the classical conflictual relationship between the right to one’s own image and copyright law. First, the paper analyses the main mechanisms of legal protection of a person’s image in selected jurisdictions, in both the civil law and the common law tradition. It is deduced that the civil law approach based on the right of privacy or the right of personality is expressed mainly either via a duality, reflecting the extra-patrimo...

Latin American Civil-Military Relationships in a Historical Perspective

OpenAIRE

Skaar, Elin

2013-01-01

Civil-military relationships constitute a crucial element in the transition to substantive democracy all over the world. During periods of authoritarianism or civil war, the military in Latin America has historically speaking been responsible for extensive violations of human rights and humanitarian law. Since the reintroduction of democracy in the region in the 1980s and 1990s, the military has gradually been brought back under civilian rule. The balance of power between military and civil p...

Force Majeure in Islamic Law of Transaction: A Comparative Study of the Civil Codes of Islamic Countries

Directory of Open Access Journals (Sweden)

Mhd. Syahnan

2013-05-01

Full Text Available This paper attempts to shed lights on the performance of  the obligations to a valid contract that can be frustrated by events beyond human control. Such events may have considerable impact on various designated legal principles and rules which is widely known as force majeure. The doctrine of unforeseen circumstances in contemporary legislation, on the main, is expressed in the same term which understandably as result of  the origin derivation of  the French law le theorie de l’imprévision. Although it is true that there is no such general principle of  force majeure in classical Islamic law, the author argues that significant efforts have been made in synthesizing both the Islamic and Western law concepts. Accordingly, despite the fact that the traditional Islamic legal system has its own mechanism to deal with such events at the time of contract, to a certain extent, it has influenced its contemporary form of  the concept of  intervening conti- ngencies (nazariyyat al-jawa’ih as reflected in the Civil Codes of  the Arab states. In addition, in response to the exigencies of the ever-increasing problems of modern life which brings with it alien concept, force majeure does not contradict with the provisions of the Shari‘ah since the views of Islamic jurisprudents (fuqahâ can justifiably be referred to.

UNJUST LAW AS A JUSTIFICATION FOR CIVIL DISOBEDIENCE ...

African Journals Online (AJOL)

PAUL

of life and property, through the avoidance of war and uncertainties; it behooves ... aimed at making a change of government policy or part of it perceived to be wrong or ..... Amendment, to the restoration of the proper balance of power in the ... In his work, Concerning Civil Government, John Locke tells us the essence of the.

Protection of civil rights and technological development

International Nuclear Information System (INIS)

Wagner, H.

1985-01-01

The question of how the consequences of technological development are to be mastered on the legal level is not primarily a problem of the administrative procedure. The essential point in the discussion on protection of basic rights is not to be seen in the citizen's right to participate in administrative procedures, but rather in the substantive civil rights of individual persons as against the government, together with the system of values established in the Basic Law and derived from the basic rights, as well as in the proper functioning of the principle of separation of powers (legislature, administration, and judicature). The law on procedure and thus the idea of (protection of civil rights by rules of procedure) in this context only have an enhancing effect. Practical protection of civil rights is also ascertained in the Federal Republic of Germany by the particularly well-established guarantee of access to the courts. Another idea to be mentioned in this context is an approach that can be termed as 'protection of civil rights by government-funded research'. Other facts contributing to building a protective shield against infringement of civil rights by technology, activities or installations, include e.g. the federal structure of the state and the administration, type and scope of organisation of the public service, the established system of environmental protection and the safety provided by the current system of expert opinions. (orig./HSCH) [de

Protection of civil rights and technological development

Energy Technology Data Exchange (ETDEWEB)

Wagner, H

1985-01-01

The question of how the consequences of technological development are to be mastered on the legal level is not primarily a problem of the administrative procedure. The essential point in the discussion on protection of basic rights is not to be seen in the citizen's right to participate in administrative procedures, but rather in the substantive civil rights of individual persons as against the government, together with the system of values established in the Basic Law and derived from the basic rights, as well as in the proper functioning of the principle of separation of powers (legislature, administration, and judicature). The law on procedure and thus the idea of (protection of civil rights by rules of procedure) in this context only have an enhancing effect. Practical protection of civil rights is also ascertained in the Federal Republic of Germany by the particularly well-established guarantee of access to the courts. Another idea to be mentioned in this context is an approach that can be termed as 'protection of civil rights by government-funded research'. Other facts contributing to building a protective shield against infringement of civil rights by technology, activities or installations, include e.g. the federal structure of the state and the administration, type and scope of organisation of the public service, the established system of environmental protection and the safety provided by the current system of expert opinions. (orig./HSCH).

78 FR 24336 - Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation

Science.gov (United States)

2013-04-25

... civil monetary penalty was last set or adjusted pursuant to law.'' Furthermore, the increase for each...; Adjusting Civil Money Penalties for Inflation AGENCY: Farm Credit Administration. ACTION: Final rule. SUMMARY: This regulation implements inflation adjustments to civil money penalties (CMPs) that the Farm...

Contract Law in a Comparative Perspective

OpenAIRE

Suharnoko, -

2012-01-01

The development of Indonesian contract law has been influenced by enacment of new law, court verdicts and legal practices. It has been influenced by civil law and common law systems applied in other countries as well. The enacment of Consumer Protection Act strenghtens position of consumers against profesional seller. The Basic Agrarian Law and its Implementation Laws improve certainty in ownership of land. Courts have recognized, the doctrine of undue influence, acceptance by conduct, but th...

CIVIL RIGHTS AND MINORITIES.

Science.gov (United States)

HARTMAN, PAUL

A MAJOR INTENT OF THE CONSTITUTION AND ITS AMENDMENTS, TO GUARANTEE EQUAL RIGHTS TO ALL CITIZENS REGARDLESS OF RACE, CREED, OR COLOR, HAS BEEN REINFORCED BY THE CIVIL RIGHTS STATUTES OF MANY STATES. IN SOME STATES SUCH LAWS HAVE BEEN ON RECORD FOR THREE-QUARTERS OF A CENTURY. IN OTHER STATES THE SAME CONSTITUTIONAL INTENT HAS BEEN DENIED BY…

Senate report n. 327 law project authorizing the approbation of international agreements on the civil liability in the domain of the nuclear energy; Senat rapport n. 327 projet de loi autorisant l'approbation d'accords internationaux sur la responsabilite civile dans le domaine de l'energie nucleaire

Energy Technology Data Exchange (ETDEWEB)

NONE

2006-07-01

The objective of this law project is to approve two protocols aiming to modify the OECD convention on the civil liability in the nuclear energy domain. After a short presentation of the international regime of civil liability in the nuclear domain with the Paris and Vienna conventions, the author analyzes the main improvements offered by the two protocols of February 2004 facing the french legislation. (A.L.B.)

Civil responsibilities stemming from environmental damage (ecological transgression and legal system). Responsabilidad civil por danos al medio ambiente (delito ecologico y sistema juridico)

Energy Technology Data Exchange (ETDEWEB)

1994-01-01

This book contains the conferences of the course on civil responsibility by environmental damage. The conferences are: 1.- The EU and the responsibility by environmental damage 2.- Ecological damage 3.- Legislation of environmental damage 4.- Ecoaudits 5,. Environment and law 6.- Environment and the law in the EU.

Environmental law

International Nuclear Information System (INIS)

Kloepfer, M.

1989-01-01

This comprehensive reference book on environmental law and practice also is a valuable textbook for students specializing in the field. The entire law on pollution control and environmental protection is presented in an intelligent system, covering the latest developments in the Federal and Land legislation, public environmental law, and the related provisions in the fields of civil law and criminal law. The national survey is rounded up by information concerning the international environmental law, environmental law of the European Communities, and of other foreign countries as e.g. Austria and Switzerland. The author also reviews conditions in neighbouring fields such as technology and labour law, environmental economy, environmental policy. Special attention is given to current topics, as e.g. relating to genetic engineering, disused landfills or industrial sites, soil protection, transport of hazardous goods, liability for damage to forests, atomic energy law, and radiation protection law. The latest publishing dates of literature and court decisions considered in the book are in the first months of 1989. (RST) [de

[Common law, civil law: thinking about the tools of the judge in bioethics].

Science.gov (United States)

Baudouin, Jean-Louis

2006-01-01

Civilian and common law judges differ substantially in their approach to the resolution of issues concerning bioethics and health sciences. Whereas the civilian judge will first take into account the legislative source, his common law counterpart will most probably first look at judicial precedents for guidance. In both systems, however, the legislative drafting technique differs substantially and has a direct impact on judicial interpretation of the law. Both systems also differ in the way that judicial decisions are drafted and rendered. In the common law tradition, judges draft their own opinion, leaving the possibility of dissent which, in turn, helps to better illustrate contentious issues and may have an influence on social awareness of difficult problems. Finally, in bioethics, legislation should be preferred if only for a question of social legitimacy, since decisions are then taken by elected representatives. However, this type of legislation should be subject to periodical review to better adapt its rules to the evolution of science and society.

CIVIL DISOBEDIENCE, NON-VIOLENCE AND CONSTITUTIONAL ...

African Journals Online (AJOL)

conception of civil disobedience and two other forms of opposition to law, ... likely to cause destruction of property, bodily injury or physical death, will tend to ... the whole legal system, there is a prima facie case for submitting to the penalty fur.

Legal regulation of civil servants in Russia and Germany receiving gifts

OpenAIRE

ZIMNEVA SVETLANA; CHUMAKOVA ANNA

2015-01-01

The article deals with the conflict between the provisions of the Criminal Code of the Russian Federation, where the minimum amount of the bribe is not defined, and the provision of the Federal Law ‘On State Civil Service of the Russian Federation,’ which, on the one hand, contains an absolute ban on civil servants receiving gifts and other types of remuneration, while, on the other hand, Art. 575 of the Civil Code of the Russian Federation admits a possibility for civil servants to receive g...

49 CFR 1542.215 - Law enforcement support.

Science.gov (United States)

2010-10-01

... 49 Transportation 9 2010-10-01 2010-10-01 false Law enforcement support. 1542.215 Section 1542.215..., DEPARTMENT OF HOMELAND SECURITY CIVIL AVIATION SECURITY AIRPORT SECURITY Operations § 1542.215 Law... program under § 1542.103(a) or (b) must provide: (1) Law enforcement personnel in the number and manner...

49 CFR Appendix B to Part 386 - Penalty Schedule; Violations and Maximum Civil Penalties

Science.gov (United States)

2010-10-01

... Maximum Civil Penalties The Debt Collection Improvement Act of 1996 [Public Law 104-134, title III... civil penalties set out in paragraphs (e)(1) through (4) of this appendix results in death, serious... 49 Transportation 5 2010-10-01 2010-10-01 false Penalty Schedule; Violations and Maximum Civil...

29 CFR 801.43 - Civil money penalties-payment and collection.

Science.gov (United States)

2010-07-01

... 29 Labor 3 2010-07-01 2010-07-01 false Civil money penalties-payment and collection. 801.43... OTHER LAWS APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988 Enforcement § 801.43 Civil money... by certified check or by money order, made payable to the order of “Wage and Hour Division, Labor...

Law and Investment in Africa

OpenAIRE

Simplice A., Asongu

2011-01-01

Contrary to mainstream consensus on the dominance of English common law countries in investment prospects, this paper sets a new tone in the legal origins debate by providing empirical validity on the dominance of French civil-law countries in private investment. The assessment is based on 38 African countries for the period 1996-2007. The law mechanisms of regulation quality and rule of law are used to investigate how legal origins (French, English, French sub-Saharan, Portuguese and North A...

CIVIL AND CRIMINAL RULES OF THE BABYLONIAN LAW

Directory of Open Access Journals (Sweden)

Ion Tutuianu

2013-12-01

Full Text Available By its age and principles, Babylonian law has drawn attention of all epochs, laying at the basis of scientific development of modern law. The regulation, more than 4000 years ago, of property, family, obligations, public administration, succession, probation principle, represents the proof that the institutions which today regulate these aspects, have been a preoccupation for mankind ever since its beginning. Even if penalties were distributed depending on social status, a progressive element is represented by the fact that the act could only be punished if it met the condition of intent. The legal monument of this system of law, Hammurabi Code, has an important signification by the fact that upon that date, the law and the judges aimed at ensuring life to citizens and to guarantee them certain rights, considerably more than other countries in the epoch. It is striking that in antiquity, the right of succession lies all the children regardless of the number of marriages and criminal aspect beyond class character, crimes regulation retained the substance, the changes incurred on penalties take into account the evolution of human rights, as how malpractice mutilation was replaced by pecuniary or administrative penalty.

75 FR 57230 - 340B Drug Pricing Program Manufacturer Civil Monetary Penalties

Science.gov (United States)

2010-09-20

... Civil Monetary Penalties AGENCY: Health Resources and Services Administration, HHS. ACTION: Advance notice of proposed rulemaking and request for comments. SUMMARY: Section 602 of Public Law 102-585, the... of civil monetary penalties for manufacturers that knowingly and intentionally overcharge a covered...

49 CFR 1503.607 - Administrative law judges.

Science.gov (United States)

2010-10-01

... 49 Transportation 9 2010-10-01 2010-10-01 false Administrative law judges. 1503.607 Section 1503... PROCEDURES Rules of Practice in TSA Civil Penalty Actions § 1503.607 Administrative law judges. (a) Powers of...) Administer oaths and affirmations. (4) Issue subpoenas authorized by law. (5) Rule on offers of proof. (6...

Offer and acceptance under the Russian Civil Code

OpenAIRE

Musin, Valery

2013-01-01

The article deals with a procedure of entering into a contract under Russian civil law both at the domestic and foreign markets. An offer and an acceptance are considered in the light or relevant provisions of the Russian Civil Codes of 1922, 1964 and that currently effective as compared with rules of the UN Convention on Contracts for the International Sale of Goods 1980 and INIDROIT Principles of International Commercial Contracts 2010.

Offer and Acceptance under the Russian Civil Code

Directory of Open Access Journals (Sweden)

Valery Musin

2013-01-01

Full Text Available The article deals with a procedure of entering into a contract under Russian civil law both at the domestic and foreign markets. An offer and an acceptance are considered in the light or relevant provisions of the Russian Civil Codes of 1922, 1964 and that currently effective as compared with rules of the UN Convention on Contracts for the International Sale of Goods 1980 and INIDROIT Principles of International Commercial Contracts 2010.

Reciprocity within the framework of nuclear civil liability law

International Nuclear Information System (INIS)

Feldmann, F.J.

1986-01-01

With regard to reciprocity in international and national nuclear liability law, the Federal Republic of Germany attaches great importance to that principle, especially under the following three aspects: 1.) Application of the international conventions in national law, irrespective of their internationally binding nature, 2.) application of the international conventions in relations with non-convention states in cases of damage, 3.) application of supplementary national nuclear liability law in relations with convention as well as non-convention states in cases of damage. (CW) [de

Civil liability for nuclear damage

International Nuclear Information System (INIS)

1963-01-01

An international Convention on Civil Liability for Nuclear Damage was adopted in Vienna on 19 May 1963 by a sixty-nation conference convened by the International Atomic Energy Agency. The Convention, which is subject to ratification by the States signing it, will come into force three months after the deposit of the fifth instrument of ratification. The Convention is designee only to establish minimum rules regarding civil liability for nuclear damage; it may thus well be described as a framework convention, the main provisions of which represent the essential common denomination acceptable to as many States as possible. It leaves wide scope for national legislation and regional arrangements with a view to implementing these provisions The Convention does not purport to create a uniform civil law in this field, but it contains the minimal essential for protection of the public and forms the legal basis for uniform world-wide liability rules

Gold, the Golden Rule, and Government: Civil Society and the End of the State

Directory of Open Access Journals (Sweden)

D.G. White

2009-08-01

Full Text Available Properly speaking, money and law are natural outgrowths of human society, evolving over time via the voluntary cooperation that lies at the heart of the social enterprise. And as gold and the golden rule have for millennia formed the basis, respectively, of society’s money and law, they accordingly constitute the “twin pillars of civilization,” governing the social enterprise such that, in Mises’s words, “the human species has multiplied far beyond the margin of subsistence.” It stands to reason, then, that if money and law are corrupted, the social enterprise will be corrupted as well. And as this is precisely what the state has done, essentially toppling the twin pillars of civilization, it is necessary to understand what the state is, where it came from, and how it has systematically gone about corrupting money and law, and thus the social enterprise as a whole. For only then can money and law be returned to their rightful owners, and only then can the state be put in its proper place. Which is no place so far as the proper functioning of civil society is concerned.

Optimal Rules of Negligent Misrepresentation in Insurance Contract Law

DEFF Research Database (Denmark)

Lando, Henrik

2016-01-01

Rules of misrepresentation in insurance contract law differ widely between jurisdictions. When the insured has negligently misrepresented a fact prior to contracting, common law allows the insurer to rescind the contract if the misrepresentation was material, while civil law countries apply more...

EUROPEAN CIVIL CODE BETWEEN DESIDERATUM AND REALITY

Directory of Open Access Journals (Sweden)

Liviu-Bogdan Ciucă

2015-11-01

Full Text Available The principle of priority and direct application of European rules in relation to the provisions that we find in the national legislation, once assumed at European level, it has generated debates and concerns about the usefulness of a single legal act in private law matters. The idea of European Civil Code, appeared somewhere in the early 80s, is becoming more current and triggers a justified and sustained interest. Considering that the civil legislation of Community Member is a legislation dominated by tradition and peculiarities of culture, religion and temper, the issue of a European Civil Code forms as a project generating discussions, restraints and even rejec tions of the Member States in relation to this proposal. The current system of European legislative acts that apply immediately and priority in EU member states remains only a temporary solution and which generates difficulties in interpretation and affects the utility of the enactment. Clarifications on the pros and cons to promote a European Civil Codex will be analyzed primarily in terms of law and, last but not least in terms of political perspective, taking into account the Community objectives undertaken by accession treaties and the need for a legislative norm, especially European, to be predictable, transparent, useful and accessible. This paper intends to submit to debate both current doctrinal arguments, the blocking of such an approach, based on the principle of autonomy and the peculiarities of the legal system of each Member State, but also considering the practical arguments and of simplification of rules met in a European Civil Code assumed and applicable in the European space.

The Fundamentals of Civil Disobedience in John Rawls

Directory of Open Access Journals (Sweden)

Eduardo Baldissera Carvalho Salles

2016-11-01

Full Text Available Investigating civil disobedience from a liberal perspective, the working thread through the thought of John Rawls, exposed in the work A Theory of Justice, presenting the phenomenon as a kind of political resistance as well as the theoretical framework that legitimizes as processing instrument contemporary society and guarantor of individual rights. Thus, discusses the duty to obey unjust laws defining what the justification of civil disobedience, designed to Rawls just almost just, democratic and orderly.

Kazan Arbitration Day: The Rule-of-Law Development and Regional Governance

Directory of Open Access Journals (Sweden)

Damir Valeev

2017-01-01

Full Text Available The third Annual Symposium of the Journal “Herald of Civil Procedure” “2016 –KazanArbitration Day: The Rule-of-Law Development and Regional Governance” was hosted by the Law Faculty on September 30, 2016.The opening ceremony of the event took place in the Hall of the Board of Trustees of theKazanUniversity, followed by an academic discussion on legal issues of the Symposium. The Symposium participants and invited guests had the opportunity to discuss the most current and topical issues of civil procedural law, to present the latest Russian and foreign academic works in this direction to colleagues, to offer further ways of development of contemporary civil procedure, and to exchange experience and accumulated knowledge.The Symposium discussed both the issues that directly related to arbitration proceedings as well as the most relevant news in the field of civil procedure and enforcement proceedings in general.

Office for Civil Rights Annual Report to Congress, Fiscal Years 2007-08

Science.gov (United States)

US Department of Education, 2009

2009-01-01

This report details the U.S. Department of Education Office for Civil Rights' (OCRs') accomplishments in enforcing the civil rights laws under which OCR has been granted jurisdiction to address and remedy discrimination. These enforcement efforts include complaint investigation and resolution, compliance reviews and technical assistance, as well…

Senior Officer Course Manual. Military Justice and Civil Law

Science.gov (United States)

1996-12-01

that a LT in the Operations Department has been selling AMWAY products to military and civil service personnel as well as actively recruiting others...effects of sexual harassment on productivity and readiness, including increased absenteeism, greater personnel turnover, lower morale, decreased... productivity and readiness. These include costs associated with increased Enclosure (3) absenteeism, greater personnel turnover, lower morale

REVISION PERMISSIABILITY IN CIVIL PROCEDURE IN REPUBLIC OF MACEDONIA

Directory of Open Access Journals (Sweden)

Marina Gligorova

2015-04-01

Full Text Available The revision as an extraordinary legal remedy is one more legal instrument for litigant in the effort to achieve protection of the rights or to defend against ungrounded claims of the other party. Litigants may declare revision of the litigation process due to substantive violations of the provisions of Civil Procedure and incorrect application of substantive law. Declaring revision because of a substantive violation of the provisions of Civil Procedure is limited. The purpose of this research paper is to investigate the most common reasons for filing revision of the litigation process in the period from June 2011 to June in 2012. The research includes what kind of reasons are often repeated, and the volume, or the number of reviews submitted to the Supreme Court of the Republic of Macedonia. As general hypothesis is that most of the adopted revisions are due to substantial violations of the provisions of civil procedure. Two-thirds of the stated revisions in front of the Supreme Court of Republic of Macedonia were rejected as unfounded and only one third of the submitted revisions from June 2011 to June 2012 were grounded. Since accepted revisions 59% due to incorrect application of substantive law, and 41% due to substantial violations of the provisions of Civil Procedure.

La legge civile ecclesiastica ticinese del 1855 nel quadro storico della prima metà dell’ottocento

Directory of Open Access Journals (Sweden)

Antonio Angelucci

2012-04-01

ABSTRACT: The essay describes the historical and political context, as well as the law production in Canton Ticino during the first half of the nineteenth-century, which will lead to the Civil Ecclesiastical Law of 1855. The article is structured in two parts. The first part deals with the historical period between 1803 and 1829 and is divided into four sections: from the Act of Mediation to the project of the Civil Ecclesiastical Statute of 1819; the Constitution of 1830; the predominance of liberal ideas and the anti-ecclesiastical measures from 1848 to 1855. The second part is entirely dedicated to the Civil Ecclesiastical Law of 1855 – peak of the historical political process described in the first part – and to the analysis of its origin and the contents from the 1852 bill. The development procedure, the purpose and the kernel of the Law, specifically the government placet, are particularly stressed.

DEFENCE, DEMOCRACY AND SOUTH AFRICA’S CIVIL-MILITARY GAP

OpenAIRE

Lindy Heinecken

2011-01-01

Civil-military relations theory suggests that a functional and effective military requires a unique culture, separate from its parent society. This is based on the assumption that a “gap” between the military and society is inevitable as the military’s function, the lawful application of military force in accordance with government direction, is fundamentally different from civilian business. Those interested in civil-military relations are essentially concerned with determining when the “gap...

The Proof of the Heir Quality in the New Civil Code

Directory of Open Access Journals (Sweden)

Ilioara Genoiu

2011-05-01

Full Text Available Similar to the Civil Code in force, Law no. 287/2009 regarding the Civil Code, published in theOfficial Gazette, but whose date of entry in force has not been established yet, regulates, as a main proof ofthe heir quality, the heir certificate. Like de lege lata the proof of the heir quality may be realised, integratedin the petition of heredity, and by other means of evidence. In the present paper we aim to analyze theproblem of the heir quality’s proof, under all its aspects in the light of the Law no. 287/2009 and to reveal thenovelties brought by this governmental decree in the matter subjected to our analysis and to appreciate uponits correctness. We consider our scientific approach, through which we intend to contribute to the knowledgeof the new Civil Code dispositions on successional matter, until its entry in force, is current and useful.

The rule of law

Directory of Open Access Journals (Sweden)

Besnik Murati

2015-07-01

Full Text Available The state as an international entity and its impact on the individual’s right has been and still continues to be a crucial factor in the relationship between private and public persons. States vary in terms of their political system, however, democratic states are based on the separation of powers and human rights within the state. Rule of law is the product of many actors in a state, including laws, individuals, society, political system, separation of powers, human rights, the establishment of civil society, the relationship between law and the individual, as well as, individual-state relations. Purpose and focus of this study is the importance of a functioning state based on law, characteristics of the rule of law, separation of powers and the basic concepts of the rule of law.

75 FR 39641 - Medicare and Medicaid Programs; Civil Money Penalties for Nursing Homes

Science.gov (United States)

2010-07-12

... law judge (ALJ) reverses the civil money penalty determination in whole or in part, the escrowed..., widespread harm, or resulting in a resident's death is not eligible for the civil money penalty reduction... Penalties for Nursing Homes AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS. ACTION: Proposed...

WHISTLEBLOWING IN CIVIL SERVICE: EXPERIENCE OF EUROPE

Directory of Open Access Journals (Sweden)

Maria A. Batishcheva

2014-01-01

Full Text Available In this article it is examined the whistleblowing practice in civil service across Europe. The analysis lets to arrive at a conclusion that the whistleblowing mechanism unevenly functions in different parts of Europe: it is more widespread in East and South. It is indicated the following reasons for that: differences in institutional systems of society, models of civil service («continental» and anglosaxon and sociocultural distinctions. Based on the Hofstede dimensions of national culture it is noted that cultural characteristics correlate with presence/absence of whistleblowing law and practice and effectiveness of this mechanism as a whole. Focusing on the role of whistleblowing in control of deviations of civil servants' behavior, it is supposed that the whistleblowing needs to be implemented in the Russian civil service. Obstacles to the whistleblowing design and implementation were also shown and some recommendations were given, taking into account sociocultural characteristics of the Russian society.

Whistleblowing In Civil Service: Experience Of Europe

Directory of Open Access Journals (Sweden)

Maria A. Batishcheva

2014-01-01

Full Text Available In this article it is examined the whistleblowing practice in civil service across Europe. The analysis lets to arrive at a conclusion that the whistleblowing mechanism unevenly functions in different parts of Europe: it is more widespread in East and South. It is indicated the following reasons for that: differences in institutional systems of society, models of civil service («continental» and anglosaxon and sociocultural distinctions. Based on the Hofstede dimensions of national culture it is noted that cultural characteristics correlate with presence/absence of whistleblowing law and practice and effectiveness of this mechanism as a whole. Focusing on the role of whistleblowing in control of deviations of civil servants' behavior, it is supposed that the whistleblowing needs to be implemented in the Russian civil service. Obstacles to the whistleblowing design and implementation were also shown and some recommendations were given, taking into account sociocultural characteristics of the Russian society.

[Changes in clinical standards and the need for adjusting legal standards of care from the point of view of civil law].

Science.gov (United States)

Rosenberger, Rainer

2007-01-01

The legal standard of medical care is laid down in Sect. 276 of the German Civil Code (principle of due diligence). It applies to both contractual and tortious liability and likewise to the treatment of patients insured under the statutory health insurance scheme and self-payers. The legal standard of care conforms to the clinical standards because medical liability means medical professional liability. Liability law does not distinguish between different standards of care in the treatment of patients insured under the statutory health insurance scheme on the one hand and privately insured patients on the other. Changes in clinical standards immediately affect liability law without the need for formal adaptation of the legal standard of care. Liability law cannot claim more diligence than that owed from a medical point of view. Legislative changes that result in a lowering of medical standards (reduction in the quality of treatment) will have to be accepted by liability law, even if these are regulations pertaining to Social Law (SGB V, Book 5 of the German Social Code). In this respect, the principle of legal unity applies. In consideration of this kind of changes the due diligence requirements for the treatment of patients insured under the statutory health insurance scheme and privately insured patients remain basically equal. If these changes lead to an increase of risk for the patient, the resulting liabilities are not to be attributed to the therapist. What remains to be seen is whether there will be an increased attempt to minimise risk by "additionally purchasing health care services".

Hearsay Evidence | Abebe | Mizan Law Review

African Journals Online (AJOL)

Hearsay evidence is the submission of evidence by a person based on what s/he has heard from another person who has not appeared in court. This article examines the extent to which hearsay evidence is admissible in common law and civil law. The core theme addressed in this article is whether hearsay evidence ...

Law, order and plunder at sea

DEFF Research Database (Denmark)

Heebøll-Holm, Thomas

2017-01-01

This article addresses the management of maritime plunder and conflict in the waters of England and France in the fourteenth century. It argues that during this century a fundamental change occurred. Around 1300, maritime conflict was handled by recourse to the strictly civil law merchant and law...... for the criminalisation of private maritime conflict....

Nuclear security and law

International Nuclear Information System (INIS)

Gozal, Y.

1999-01-01

The aim of this study is to show that the classical distinction between the military nuclear law and the civil nuclear law is outdated. The technologies are dual and might be misused from a pacific to a military goal. The central element of the nuclear law is thus the integration of the safety rules: the nuclear risk being universal, it has created an universal law (first part) that reflects our scientific knowledge and might thus evaluate. This universal law has been a factor of nuclear security (part 2), as in 50 years, there had been only one major nuclear accident and no nuclear conflict. The horizontal proliferation has been limited and the international community has understood that time had come to reduce our arsenals. (author)

Civil commitment law, mental health services, and US homicide rates.

Science.gov (United States)

Segal, Steven P

2012-09-01

The study considers whether involuntary civil comment (ICC) statute provisions are associated with homicide rates. Do statutes based solely upon dangerousness criteria versus broader ICC-criteria-i.e. "need for treatment," "protection of health and safety," and family protection-have differential associations related to their goal of reducing the frequency of homicide? State-level data were obtained from online data bases and key-informant surveys. Ordinary-least-squares and Poisson regression were used to evaluate the association between statute characteristics, mental health system characteristics, and 2004 Homicide Rates after controlling for firearm-control-law restrictiveness and social-economic-demographic-geographic-and-political indicators historically related to homicide rate variation. Poisson and OLS models, respectively, were significant: likelihood ratio χ(2) = 108.47, df = 10; p < 0.000 and Adj. R (2) = 0.72; df = 10, 25; F = 10.21; p < 0.000. Poisson results indicate that social-economic-demographic-geographic-and-political-indicators had the strongest association with state homicide rates (p < 0.000). Lower rates were associated with: broader ICC-criteria (p ≤ 0.01), fewer inpatient-bed access problems (p ≤ 0.03), and better mental health system ratings (p ≤ 0.04). OLS results indicate that social-economic-demographic-geographic-and-political indicators accounted for 25% of homicide rate variation. Broader ICC-criteria were associated with 1.42 less homicides per 100,000. Less access to psychiatric inpatient-beds and more poorly rated mental health systems were associated with increases in the homicide rates of 1.08 and 0.26 per 100,000, respectively. While social-economic-demographic-geographic-and-political indicators show the strongest association with homicide rate variation, the results show the importance and potentially preventive utility of broader ICC criteria, increased psychiatric inpatient-bed access, and better performing mental

Latin American Civil-Military Relations in a Historical Perspective: A Literature Review

OpenAIRE

Skaar, Elin; Malca, Camila Gianella

2014-01-01

Civil-military relationships constitute a crucial element in the transition to substantive democracy all over the world. During periods of authoritarianism or civil war, the military in Latin America has been responsible for extensive violations of human rights and humanitarian law. Since the reintroduction of democracy in the region in the 1980s and 1990s, the military has gradually been brought back under civilian rule. The balance of power between military and civil political actors has sh...

Democracy, judicial attitudes and heterogeneity: the civil versus common law tradition

NARCIS (Netherlands)

Guerriero, C.

2010-01-01

A key feature of legal systems is the law making institution used to aggregate citizens' preferences over the harshness of punishment. While under Case law appellate judges' biases offset one another at the cost of volatility of the law, under Statute law the Legislator chooses certain rules that

Rebels without a Cause? Civil disobedience, Conscientious Objection and the Art of Argumentation in the Case Law of the European Court of Human Rights

Directory of Open Access Journals (Sweden)

Kati Nieminen

2015-12-01

Full Text Available Civil disobedience is often seen as a political statement whilst conscientious objection is understood as a private matter. This article discusses real-life acts of disobedience in the case law of the European Court of Human Rights. The emphasis is on the argumentative strategies by which the potential for profound social change can be neutralised in legal argumentation. The cases discussed here concentrate on Turkey and represent acts of conscientious objection and civil disobedience. The main finding is that in legal argumentation there are two strategies for neutralising the potential for change: first, labelling the disobedient act as a private matter in order to deprive it of its political message, or second, labelling the act as violent, undemocratic behaviour so that it can be disregarded. The article shows that the law is unable, and perhaps unwilling, to fully acknowledge the political claims of disobedience. A menudo se percibe la desobediencia civil como una declaración política, mientras que la objeción de conciencia se entiende como un asunto privado. Este artículo analiza actos de desobediencia de la vida real a través de la jurisprudencia del Tribunal Europeo de Derechos Humanos. Se enfatizan las estrategias argumentativas por las que se puede neutralizar el potencial de cambio social profundo a través de la argumentación jurídica. Los casos analizados aquí se centran en Turquía y representan actos de objeción de conciencia y desobediencia civil. La conclusión principal es que en la argumentación jurídica existen dos estrategias para neutralizar el potencial de cambio: en primer lugar, etiquetar el acto de desobediencia como un asunto privado, para privarlo de su mensaje político, en segundo lugar, etiquetar el acto como un comportamiento violento y no democrático, para que pueda ser ignorado. El artículo demuestra que el derecho es incapaz de, y tal vez reticente a, reconocer totalmente las reivindicaciones pol

The reception of Roman law in the Romano-Germanic legal family rights: the case of French law

OpenAIRE

André Olavo Leite

2017-01-01

The Romano-Germanic family of legal systems, also known as the family of civil law, comprehends the group of legal systems that traditionally trace their roots up to the Roman law and the Justinian codifications, and that identify themselves as heirs of several of its characteristics. This paper analyses the example of French law, in order to draw on the permanence of Roman law in the contemporary legal systems of the Romano-Germanic family of rights and to show that its reception in those le...

Commentary: civil commitment statutes--40 years of circumvention.

Science.gov (United States)

Fisher, William H; Grisso, Thomas

2010-01-01

There is a longstanding body of literature that describes how states' civil commitment statutes have been stretched or circumvented to accommodate institutional and systemic needs. The paper by Levitt and colleagues provides yet another example of this phenomenon: Arizona's use of its civil commitment statutes to detain unrestorable, incompetent criminal defendants for whom other provisions have not been developed. This commentary provides a brief overview of other examples of the stretching of commitment laws, providing a broader context for viewing the findings of Levitt and colleagues.

Act No 91 of 25 February 1976 amending amounts and limits of the Civil Law

International Nuclear Information System (INIS)

1974-01-01

The Federal Act of 29th April 1964 on Liability for Nuclear Damage - Atomic Liability Act - was amended by Section XXXIII of the Federal Act of 25th February 1976 Amending Amounts and Limits of the Civil Law; the latter Act entered into force on 1st April 1976. The Atomic Liability Act establishes maximum amounts of liability of operators of nuclear installations and carriers of nuclear substances, as well as of holders of radioisotopes. With respect to operators of nuclear installations and carriers, this amount is fixed at 500 million Austrian Schillings. In the case of installations for nuclear fusion and particle accelerators, this sum is reduced to AS 3 million. Compensation for death and personal injury, which was originally limited to AS 600,000 per person, has now been raised to AS 1.2 million. As regards the holder of radioisotopes, the maximum amount of his liability depends on the radioactivity and radiotoxicity of the radioisotopes and on whether they are in open or sealed form. The penal provisions were equally amended. (NEA) [fr

On a Theme by Rene David: Comparative Law as "Technique Indispensable."

Science.gov (United States)

McAuley, Michael

2002-01-01

Explores a text by Rene David relating to the teaching of comparative law and the comparative teaching of law. Discusses bijural education as a way to comprehensively teach the civil and common law traditions. Addresses construction of a bijural curriculum and skills of comparative law teaching. (EV)

Razão, história e justificação da lei civil segundo Thomas Hobbes

Directory of Open Access Journals (Sweden)

Wladimir Barreto Lisboa

2008-09-01

Full Text Available O autor procura analisar a relação existenteentre lei natural e lei civil em Thomas Hobbes.Para isso analisa sua crítica à história e ao commonlaw enquanto incapazes de fundar a racionalidadedo poder civil. Mostra-se igualmente de que modoo poder soberano encontra seu fundamento nas leismorais. Por fim, indica-se como a igualdade de direitos,tal como pensada na modernidade, sobretudoem Hobbes, parece inviabilizar a idéia de direitoscujos titulares seriam grupos e não indivíduos.Abstract: The author analyzes the relationbetween natural law and civil law in ThomasHobbes, pointing out Hobbes’ argument thatneither history or common law are able to foundcivil’s power rationality. The article shows, aswell, how sovereign power is founded by themoral law and how the equality of rights inHobbes seems to undermine the idea that ispossible for groups to be subject of rights insteadindividuals.

The politics of a European civil code

NARCIS (Netherlands)

Hesselink, M.W.

2004-01-01

Last year the European Commission published its Action Plan on European contract law. That plan forms an important step towards a European Civil Code. In its Plan, the Commission tries to depoliticise the codification process by asking a group of academic experts to prepare what it calls a 'common

Tort choice of law and international fundamental norms: A case ...

African Journals Online (AJOL)

The two jurisdictions are also known for their constant reference to international law in the resolution of domestic disputes. Moreover, Canada embodies both the common law and the civil law traditions. The aim here is twofold. The first is to evaluate the suitability of their choice of law rules for addressing cases alleging ...

77 FR 68830 - Delegation of Authority to the Principal Deputy Assistant Attorney General for the Civil Division

Science.gov (United States)

2012-11-16

... authority of the Assistant Attorney General for the Civil Division to the Principal Deputy Assistant Attorney General for the Civil Division, unless any such power or authority is required by law to be... for the Civil Division AGENCY: Department of Justice. ACTION: Notice. SUMMARY: On November 9, 2012...

Where and How You Sit: How Civil Servants View Citizens’ Participation

DEFF Research Database (Denmark)

Pedersen, Karin Hilmer; Johannsen, Lars

2016-01-01

place on inclusion. Echoing Miles’s law, “where you stand depends on where you sit,” we discuss how administrative structures and processes—“how you sit”—shape civil servants’ values on citizens’ participation. Using survey data from more than 1,700 civil servants in the Baltic countries, the article......Citizen participation is disputed; some see it as enhancing democracy while others see it as undermining representative government. Some find it increases administrative efficiency, and others find it creates additional costs. Studies argue that the outcome depends on the value which civil servants...

THE IMPLICATIONS OF THE CIVIL SOCIETY IN THE EASTERN PARTNERSHIP

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Loredana JITARU

2017-04-01

Full Text Available The Eastern Partnership (EaP launched in 2009 as the Eastern dimension of the European Neighbourhood Policy introduced the civil society as a new strategic actor in the EU's relations with Eastern Partnership countries. The civil society‟s role is to participate in policy making, to suggest new initiatives and to promote shared values of partnership, such as: democracy, promoting better governance, state law, sustainable development, respect for human rights and for the fundamental freedoms. The paper is divided into two parts. In the first part, we analyse the role of the civil society in the EaP and we ask whether the increasing role of the civil society in the EaP will lead to the success of this project. In the second part, we analyse the perceptions and the attitudes of civil society towards European integration.

49 CFR 1542.219 - Supplementing law enforcement personnel.

Science.gov (United States)

2010-10-01

... 49 Transportation 9 2010-10-01 2010-10-01 false Supplementing law enforcement personnel. 1542.219 Section 1542.219 Transportation Other Regulations Relating to Transportation (Continued) TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF HOMELAND SECURITY CIVIL AVIATION SECURITY AIRPORT SECURITY Operations § 1542.219 Supplementing law...

Russian Contract Law for Foreigners

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Andrey Shirvindt

2015-01-01

Full Text Available The book by Maria Efremova, Svetlana Yakovleva and Jane Henderson aims to serve as a short introduction to Russian contract law for a foreign lawyer. Assuming that the target readership are mainly English lawyers the book’s second aim, expressly stated by the authors (pp. i, 1, is to make lawyers from common law countries familiar with codified law, with Russian law being just an example. The book covers most of the general law of obligations as well as some questions of formation and invalidity of contracts that belong to the general part of the Civil Сode, with this preceded by a brief introduction into the Russian law dealing with its history, federal structure and state agencies of Russia, its court system, sources of law and legal profession.

Bio-ethical principles of medical law with an emphasis on the law of Iran

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Mohammad Ali Mahdavi Sabet

2016-12-01

Full Text Available There has been many talks about the necessity of ethics in all affairs, especially medical affairs which deal with the lives of individuals and the society expects Medical Group to be abide by morals more than laws. This matter indicates on the fact that the society considers ethics as a stronger enforcement of the law and deplores a doctor who has ignored ethics in the medical profession. Thus, they blamed the doctor from ethical aspect more than deploring him from a legal aspect (civil or criminal liability. The legislator is also influenced by public in anticipation of responsibility (both criminal and civil for doctors and imposes legal rules on this basis. The concept of this article has an extremely close relationship with three concepts of morality, professional ethics and law. Initially first two concepts will be defined and separated and then the relation between professional ethics and medical laws will be expressed. Then, the relation between two concepts of medical ethics and bioethics ethics will be evaluated. Two religion or secularism basis have been taken for medical rights and strengths and weaknesses of each are discussed and the approach of the Iranian legal system will also be mentioned with evaluation of controversial medical samples.

Internal and international commercial arbitration as a private form of law enforcement

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Sergey Kurochkin

2017-01-01

Full Text Available УДК 347.918The subject. The issues of the arbitration’s place in the civil justice system as well as its place in a whole system of social governance in the scope of Russian arbitration reform.The purpose of the article is to provide a comprehensive analysis of internal and international commercial arbitration as a peculiar form of private law enforcement, as well as to present a doctrinal description of the arbitration’s role in law enforcement system and its managerial impact mechanism.Methodology. Research of general functions of law enforcement in social governance. Essential features of arbitration and basic foundations of civil litigation also have been compared.The results and the scope of its application. The results are both doctrinal and practical. Domestic and international commercial arbitration can be considered as a peculiar form of managerial impact, as a subsystem of civil justice subordinated to general patterns of the social governance. Arbitration is a special, private on its origin, form of managerial impact, whereas arbitration tribunal is an independent nongovernmental element of the social governance system. Despite the fact of its private origin arbitration is in full measure a law enforcement activity. Theoretical comparison of arbitration’s substance with civil litigation became a convincing proof of the existence of public elements in a private segment of civil justice system.Conclusions. Application of law by arbitration tribunals, both domestic and international, has the imperious character. Arbitration is a legal activity, private on its origin and to a great extent public by its essence. It embraces the expansion of general legal directions on individual social relationships by means of making arbitral awards which are law enforcement acts of individual character.

The French regime of civil liability for nuclear

International Nuclear Information System (INIS)

Leger, Marc

2013-01-01

As civil liability for nuclear is a matter of discussion and initiatives at the European and international levels, the author proposes an overview of the legal framework of the French regime of civil liability for nuclear which is a combination of two international treaties (Paris and Brussels conventions) and a national arrangement (a 1968 law). He presents and comments the main characteristics of this regime (geographical scope of application, concerned activities, excluded events, covered damages, principles regarding operator's liability) and the improvements brought by Paris and Brussels convention review protocols

French civil law aspects of international sales of oil

International Nuclear Information System (INIS)

Moquet, A.

1992-01-01

There is not in France, as in London and New York, and organised trade market for crude oil and oil products. French law does not apply to oil futures negotiated in foreign markets, although solicitation in France for transactions in a foreign market is legal only if that market is approved by the French Minister in charge of Economic Affairs. However, French oil producers do enter into OTC forward and commodity swap agreements. Although most of these agreements are standardised and expressly choose English law and the jurisdiction of the High Court of London for resolution of disputes, fundamental principles of French private international law may impose jurisdiction of a French Commercial Court (in case of bankruptcy of the French party for example) and/or rules of necessary application or public order. (author)

LIMITED LIABILITY COMPANY’S DELIMITATION FROM THE COMPANY FORMS PROVIDED BY THE LAW NO.31/1990 ON TRADING COMPANIES AND THOSE GOVERNED BY THE NEW CIVIL CODE

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Eugenia Gabriela LEUCIUC

2014-06-01

Full Text Available Having regard to the practical importance presented by this type of company, as it is the organizational manner of the industrial activity preferred by entrepreneurs, the limited liability company has met along time transformations which enriched and reconfigured its legal regime. All along the current research, we propose to analyze in detail all these legislative instruments and those related to the modifications occurred in the new civil code. However, legislator’s attempt to unify the applicable rules of the great majority of legal relationships established between private persons, between natural and/or legal persons of private law, to which are added the institution of the professional, generates a series of confusions in what regards the understanding of the new civil code. On the grounds of the new civil code, within which the difference between the variety of associative forms (associations, foundations and companies is attenuated, where the distinction between partnership and trading company disappeared, all these forms of organization entering in the category of professionals, it is substantially changed the vision of the companies developing an economic enterprise.

Involuntary outpatient treatment in civil law: A review

OpenAIRE

Portero, G.

2010-01-01

En este artículo se analiza el tratamiento ambulatorio involuntario (TAI) en España. También hacemos un breve repaso de él en el derecho internacional. En España no hay una legislación explícita del TAI, pero en el año 2004 el grupo parlamentario CIU (Convergencia i Unió) propuso una modificación del articulo 763 de la Ley de Enjuiciamiento Civil para autorizar el TAI. Surgió así uno de los temas más controvertidos sobre la salud mental de los últimos años estando aún sin resolver. Hay tres p...

Civil rights as determinants of public health and racial and ethnic health equity: Health care, education, employment, and housing in the United States.

Science.gov (United States)

Hahn, R A; Truman, B I; Williams, D R

2018-04-01

This essay examines how civil rights and their implementation have affected and continue to affect the health of racial and ethnic minority populations in the United States. Civil rights are characterized as social determinants of health. A brief review of US history indicates that, particularly for Blacks, Hispanics, and American Indians, the longstanding lack of civil rights is linked with persistent health inequities. Civil rights history since 1950 is explored in four domains-health care, education, employment, and housing. The first three domains show substantial benefits when civil rights are enforced. Discrimination and segregation in housing persist because anti-discrimination civil rights laws have not been well enforced. Enforcement is an essential component for the success of civil rights law. Civil rights and their enforcement may be considered a powerful arena for public health theorizing, research, policy, and action.

Civil Liability for Environmental Damages

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Daniela Ciochină

2012-05-01

Full Text Available We debated in this article the civil liability for environmental damages as stipulated in ourlegislation with reference to Community law. The theory of legal liability in environmental law is basedon the duty of all citizens to respect and protect the environment. Considering the importance ofenvironment in which we live, the liability for environmental damages is treated by the Constitution as aprinciple and a fundamental obligation. Many human activities cause environmental damages and, in linewith the principle of sustainable development, they should be avoided. However, when this is notpossible, they must be regulated (by criminal or administrative law in order to limit their adverse effectsand, according to the polluter pays principle, to internalize in advance their externalities (through taxes,insurances or other forms of financial security products. Communication aims to analyze these issues andlegal regulations dealing with the issue of liability for environmental damage.

Schools and the Law: A Patron's Introspection

Science.gov (United States)

Colton, Paul

2009-01-01

In Ireland, where education at both primary and second level is overwhelmingly denominational in character, patronage is exercised, in the main, by religious patrons. This article is an introspective analysis of current legal issues as they face one patron and schools under his patronage; it looks at the intersection of civil law with Church law;…

CONSIDERATIONS REGARDING THE INFLUENCE OF LEGAL COMMUNICATION FROM THE PERSPECTIVE OF NATURAL LAW

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Claudiu Ramon D. BUTCULESCU

2016-05-01

Full Text Available This article addresses the issue of legal communication within natural law. Law has an important role, in relation to civilization and legal culture and one of the means through which law influences both culture and civilization is legal communication. The patterns of legal communication should be analyzed from the perspective of all important schools of legal thought: natural law, legal positivism, historical school of law etc. In this paper, the perception of law, through legal communication, within natural law is discussed and analyzed, from the principles and statements of Aristotle to the writings of St. Bernard of Clairvaux, St. Thomas Aquinas and later to the theories of Hugo Grotius. This study also aims to prove that the difference between legal communication within the major schools of legal thought does not regard the essence of communication or the various principles of law, but merely the perception of law, which varies from one school of thought to another.

European contract law: The contribution of the Dutch

NARCIS (Netherlands)

Hondius, E.H.

1997-01-01

This paper will argue that when contemplating the elaboration of a European civil law, Dutch law may have some interesting ideas to offer. From the wealth of thoughts offered by the General Reporter, only one particular thread will be taken up in depth. It is the protection of the weaker contracting

THE APPLICATION PROCESS OF HAMBURG RULES, GIVEN THE CONTEXT OF THE EMERGENCE AND ENTRY INTO FORCE OF THE NEW ROMANIAN CIVIL CODE

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Adriana Elena Belu

2013-11-01

Full Text Available The paper aims to conduct a comparative analysis and tries to offer an objective point of view regarding a number of questions arisen in practice, related to the applicability of the 1978 Hamburg Rules and keeping public order of Romanian private international law, such as those that aim at: agreeing upon the applicability of the foreign law by the Romanian parties; applicability of the Hamburg Rules; public nuisance of the Romanian private international law; character of public policy rule of the Hamburg Rules. In the application process of the Hamburg Rules, given the context of the emergence and entry into force of the New Civil Code, obviously, the provisions of the Romanian Civil Code shall apply in addition, where the international convention lacks. Therefore, in order to apply the logic of the provisions of the Civil Code in full compliance with the international standards, though giving priority to the latter rules, a rigorous analysis is required, analysis which becomes more complex given the fact that, in accordance with Art. 230 of Law no. 71/2011 to implement Law no. 287/2009 on the Civil Code, Book II "About Maritime Trade and Sailing" of the Commercial Code, will be abolished upon the entry into force of the Maritime Code, as those provisions remain in force, being applied with priority to the rules of the Civil Code.

Public international law and civil law liability for compensation for damages by virtue of international environmental law

International Nuclear Information System (INIS)

Rest, A.

1982-01-01

The author analyses the current provisions in international law and international private law for their suitability to establish liability for damages due to transfrontier pollution, also taking into account damage occurred through the operation of nuclear power plants. As a result the author suggests that the national goverments should jointly set up standards and catalogues of environmentally detrimental effects and impacts, and of the seriousness thereof, and to make these form part of international conventions and agreements which also should unambigiously state liability for compensation for damages. For activities involving special hazards, liability for risks should be introduced in such a body of international regulations. (CB) [de

RELEVANT ISSUES CONCERNING THE RELOCATION OF CIVIL PROCEEDINGS UNDER THE NEW CODE OF CIVIL PROCEDURE (NCPC

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Andrei Costin GRIMBERG

2015-07-01

Full Text Available The change of the new code of civil procedure and obvious the entry of the new provisions at 15th February 2013, has been thought with the hope to accelerate the procedures related to judgement with a noticeable simplification of procedures, all designed with the aim of unifying the case law and to lower the costs generated by lawsuits , costs both borne by the State as well by citizens involved the cases in court . Thus, the implementation of the New Code of Civil Procedure, desired the compliance right to a fair trial within a optimal time and predictable by the court, by judging the trial in a speedy way , avoiding unjustified delays of the pending cases and to the new petitions introduced, by excessive and unjustified delays often. By the noticeable changes that occurred following the entry into force of the new Code of Civil Procedure, it identify and amend the provisions regarding requests for displacement, in terms of the grounds on which it may formulate the petition of displacement and the court competent to hear such an application.

49 CFR 1542.221 - Records of law enforcement response.

Science.gov (United States)

2010-10-01

... 49 Transportation 9 2010-10-01 2010-10-01 false Records of law enforcement response. 1542.221 Section 1542.221 Transportation Other Regulations Relating to Transportation (Continued) TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF HOMELAND SECURITY CIVIL AVIATION SECURITY AIRPORT SECURITY Operations § 1542.221 Records of law enforcement...

The Unification of Private International Law

Directory of Open Access Journals (Sweden)

Emira Kazazi

2015-07-01

Full Text Available Civil and the common law approaching Europe is no longer a “future project”, but more and more rather a present attempt (Kötz, 2003 – 2004. In this prism, concentrating on the European International Private Law within the space of mixed jurisdictions, it may seem surprising in light of the attempts to create a new European ius commune. But is it possible that a unification of the material law may sign the start of the end of the European conflicts of laws? Last but not the least private international law is not just a choice of law. The unification of the private law, in its definition as a concept, does not influence two of the three pillars of the private international law: respectively, that of the jurisdiction and recognition as well as implementation of foreign decisions.

75 FR 75448 - Revised Proposal for Revisions to the Schedules of Civil Penalties for a Violation of a Federal...

Science.gov (United States)

2010-12-03

... the Schedules of Civil Penalties for a Violation of a Federal Railroad Safety Law or Federal Railroad... September 21, 2010. The proposal, if adopted, would amend, line by line, FRA's schedules of civil penalties... . SUPPLEMENTARY INFORMATION: FRA's proposal to amend, line by line, FRA's schedules of civil penalties as well as...

Children in Civil Law: The Tort of Negligence.

Science.gov (United States)

Sheehy, N. P.; Chapman, A. J.

1984-01-01

Examines judgments involving children under the tort of negligence, using All England Law Reports for 1939 to 1983 and some cases from other countries. Discusses "contributory negligence,""parental liability,""responsibility,""allurement," and "res-ipsa loquitur." Suggests more use of developmental…

Medical negligence and the law.

Science.gov (United States)

Murthy, K K S R

2007-01-01

After the Consumer Protection Act, 1986, came into effect, a number of patients have filed cases against doctors. This article presents a summary of legal decisions related to medical negligence: what constitutes negligence in civil and criminal law, and what is required to prove it.

THE PRINCIPLE OF GOOD FAITH IN THE BRAZILIAN LEGAL ORDER: A BRIEF STUDY OF THE NEW CIVIL PROCEDURE CODE.

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Elias Marques de Medeiros Neto

2017-05-01

Full Text Available The present study has the scope to analyze and reflect the relevant legal aspects of the good faith principle in the Brazilian legal order, above all, its forecast in the new Brazilian Civil Procedure Code. Among the various innovations presented by the new Civil Procedure Code, a well-known and little used in the Brazilian legal order gets a real highlight in the Civil Procedure’s field: the good faith principle. The consecration of such an institute in the new Brazilian Civil Procedure Code, which came to be denominated by the doctrine as the procedural good faith’s principle, arise from the demand enlargement of the good faith in the private law and public law. Law nº 13.105 of 2015 that instituted a new Civil Procedure Code, stablish that the subjects of the process who participate in it in any way, pass their behaviors according to good faith, according to the article 5 of the 2015’s Brazilian Civil Procedure Code. Such principle, which makes up a norm of conduct is aimed at repelling the procedural conducts derived from bad faith by considering them illicit. In addition, the general clause of the objective procedural good faith requires that the subjects of a proceeding do not present a corrupt conduct of bad-faith. Thereby, aiming to evaluate the legal aspects of the procedural good faith in the Brazilian legal order, at a first moment, is necessary to understand the evolution and fundamental contours of good faith in civil law, with an emphasis on the study of existing good faith species and the understanding of objective good faith as a general clause. Next, it is necessary the study of the objective good faith principle’s constitutional foundation and its procedural bias. Finally, the principle of procedural good faith is materialized in the new Brazilian Civil Procedure Code. In order to appreciate the above, the deductive method and bibliographical and legislative research are used in the present work.

Civil Commitment for Opioid and Other Substance Use Disorders: Does It Work?

Science.gov (United States)

Jain, Abhishek; Christopher, Paul; Appelbaum, Paul S

2018-04-01

Many states are turning to civil commitment for substance use disorders as a potential solution to address rising rates of overdose deaths. Civil commitment allows family members or others to seek court-ordered involuntary treatment for a substance-abusing person. In contrast to mandatory treatment ordered by drug courts, civil commitment does not require involvement with the criminal justice system. Although these laws are understandably appealing, statutes and their implementation are highly variable, ethical concerns about deprivation of liberty continue to be raised, and outcome data are limited and often not generalizable. Above all, more studies are needed to determine effectiveness.

The Hungarian environmental private law under the influence of jus publicum

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Julesz Máté

2016-01-01

Full Text Available The relationship between environmental public law and environmental private law is of a growing significance. Not only environmental criminal law has an effect on environmental private law, but, since the beginning of the new legal, economic and political era in 1989, private law elements are also to be found in the environmental administrative law. The reciprocity between environmental private and administrative law is clear-cut. Private law institutions, like injunction or deposit, are upheld in environmental administrative contracts. The effect of an administrative ruling has legal consequences in the relationship between, e.g., neighbors: there are cases in which a noisy neighbor can be brought before the public administration. The objective liability in the field of environmental private law is accepted by the courts and by the citizens. The level of objectivity may, though, vary from country to country. In the practice of the Hungarian environmental private law, after 3 years, the objective liability is subrogated by a subjective liability, this latter one making exculpation easier. The res ipsa loquitur liability in space law is not an absolute liability, though it establishes a praesumptio juris that the environmental damage caused by a space object (e.g. a satellite is to be covered by the state which has sent the satellite into space. The presumption is, though not easily, rebuttable. In the Hungarian case law, objective environmental liability has been applied sub judice since the novella of the Civil Code in 1977. This novella made environmental private law a part of environmental law. The novella of the Civil Code was preceded by the Act on Environmental Protection of1976. The importance of economics in environmental private law has only recently been accepted by the Hungarian legal science. The role of the Coase theory is indisputable. The environmental private law is quite a new phenomenon in the Hungarian legal science, however

THE PURPOSE AND FUNCTIONS OF THE PROSECUTOR’S PARTICIPATION IN CIVIL PROCEEDINGS

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Oleg Vladislavovich Eremenko

2018-01-01

Full Text Available This article is devoted to a comprehensive, theoretical investigation of the purpose and functions of the prosecutor’s participation in civil proceedings. For understanding the nature of the prosecutor’s participation in civil proceedings, it is necessary to characterize the purpose and functions of his participation in the process. These concepts do not coincide, they should not be confused. The question of the purpose and functions of the prosecutor’s participation in the civil process has great theoretical and practical importance, since the idea of them helps to increase the effectiveness of its activities. In the article analyzed different points of view on the purpose and functions of the prosecutor’s participation in civil proceedings. In his arguments the author relies on the opinions of the leading scientists of the procession lists, and also uses materials of law enforcement practice. The article concludes that the purpose of participation of the prosecutor in the civil process is considered to be the promotion of the implementation of the tasks of justice, for which he fulfills the law-protecting function in the process, acting as an independent participant in civil proceedings and at the same time a representative of the state. The goal is to define the purpose and functions of the prosecutor’s participation in modern civil legal proceedings. Method or methodology of work: in the article used as general scientific methods of cognition: logical, analysis and synthesis, and privately-scientific methods: formal legal, of system analysis. Results: on the basis of the analysis of modern legislation, the opinions of scientists and materials of judicial practice, the author has formulated the conclusions that correspond to the modern interpretation of the purpose and functions of the prosecutor’s participation in civil proceedings. Scope of the results: it is expedient to apply results to the practical workers who are carrying

Harmonization of the Romanian legislation in the field of civil liability for nuclear damages with the international legislation in the field

International Nuclear Information System (INIS)

Chiripus, Vlad

2005-01-01

The paper is an overview of the Romanian legal provisions in the filed of civil liability for nuclear damages in the last three decades introducing the concept and the evolution of its legal regime towards a total harmonization with the European legislation. Its modernity even from (and in spite of) its communist beginnings in 1947 (Law no. 61 regarding the deployment of nuclear activities in the Romanian Socialist Republic) is emphasized. It focuses on the key laws - Law no. 703/2001 on civil liability for nuclear damages, and Government Decision no. 894/2003 for the approval of the Norms for enforcement of Law no. 703/2001- that currently define the Romanian regime for civil liability for nuclear damages. This encompasses the relevant responsibilities of nuclear operators, the Romanian nuclear damage compensation system, statute of limitation for claims, types of insurance and financial guarantees. These refer civil liability for nuclear damages, limits of nuclear operators' liability, specific requirements regarding the insurance, responsibilities of control and supervision bodies, assessment of nuclear damage. This makes Romania - in terms of legislation - one of the most advanced countries in the field. (author)

ASPECTS CONCERNING THE JOINT VENTURE UNDER THE REGULATION OF THE NEW CIVIL CODE

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Ana-Maria Lupulescu

2013-11-01

Full Text Available The New Civil Code makes the transition, for the first time in the Romanian legal system, from the duality to the unity of private law. Consequently, the Civil Code contains a legal regulation more structured and comprehensive, although not entirely safe from any criticism, in relation to the company, with particular reference to the simple company, regulation that expressly characterizes itself as the common law in this field. Within these general provisions, the legislator has considered the joint venture, to which, however, as in the previous regulation contained in the old Commercial Code – now repealed –, it does not devote too many legal provisions, in order to maintain the flexibility of this form of company. Therefore, this approach appears particularly useful for analysts in law and, especially, for practitioners, since it aims to achieve a comprehensive analysis of the joint venture, form of company with practical incidence.

TO THE 70TH ANNIVERSARY OF THE CHICAGO CONVENTION ON INTERNATIONAL CIVIL AVIATION

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A. V. Neradyiko

2015-01-01

Full Text Available The article is devoted to the prerequisite for the development and adoption of the Chicago Convention on International Civil Aviation of 1944. There are given the appreciation of the contents of the convention, it is shown its place and importance in the field of international air law. There is shown the current importance of the Chicago Convention for the development of international civil aviation.

Laws on Sex Discrimination in Employment. Federal Civil Rights Act, Title VII State Fair Employment Practices Laws, Executive Orders.

Science.gov (United States)

Women's Bureau (DOL), Washington, DC.

This report describes the applicable laws regarding sex discrimination in employment. In addition to Federal law and two relevant Executive Orders, the report includes 21 state laws and the District of Columbia's law prohibiting discrimination based on sex. This document is a revision of ED 014 611. (BH)

UNIDROITED POSITION AS A SOURCE OF CONTRACT LAW IN THE FUTURE OF INDONESIAN CONTRACT LAW AMANDEMENT

Directory of Open Access Journals (Sweden)

N. Ike Kusmiati

2018-01-01

Full Text Available [Unidroited Position As A Source Of Contract Law In The Future Of Indonesian Contract Law Amandement] Business transaction often faced the issue of ensuring that the rights and obligation are fulfilled as the agreement as agreed, especially when facing the difficulties of the rights and obligation of the parties due to different legal system between countries. Thereore, to answer the problems  the parties will seek legal sources, namely book III of the Civil Code in addition to studying and understanding the principles of internasional commercial contract law, namely UNIDROIT which contains principles that can be adopted as one of the works that seek Standarization of contract law to encourage the harmonization of commercial law international efforts to bring together different business actors between countries, so that the same legal basis is required in the coming renewal of Indonesia contract law. Keyword : Position, UNIDROIT, Law, Contract, Indonesia.

Children’s Protection in the Issue of Hadhanah Based on Islamic Family Law and The Law of Thailand

Directory of Open Access Journals (Sweden)

Rohanee Machae

2016-12-01

Full Text Available This paper analyses Children Protection in the Islamic Family Law of Southern Thailand and the Civil Law of Thailand. The common issue faced by the Court or the District Islamic Department is the rising number of hadhanah claim cases. This research is meant to investigate the rights of children regarding hadhanah based on the Islamic Family Law of Southern Thailand and to what extent the laws follow the principles of Islamic law. This research utilized few approaches which are the content, deductive, inductive, and comparative analysis. Basically, the findings suggest that the differences between the two laws can be accepted as both laws originated from distinguished backgrounds. Therefore, both laws play crucial roles in completely protecting the children in hadhanah cases, as well as promising safety and peaceful life for the children even though their parents’ relationship is in crisis.

Theoretical and Practical Aspects Regarding the Unlawfulness Plea of the Administrative Acts in the Municipal Law and Community Law

Directory of Open Access Journals (Sweden)

Doina Udrescu

2009-06-01

Full Text Available With respect to the Administrative Law no. 554/2004, as amended by Law no. 262/2007, the legalestablishment of the unlawfulness plea renders the specialized administrative courts the full jurisdiction onthe control of the administrative act legality. The unlawfulness plea is generally applied and it can be invokedin any civil, criminal or commercial case is the exclusive task of the administrative court.

The Impact of Creating Civil Unions for Same-Sex Couples on Delaware’s Budget

OpenAIRE

Herman, Jody L.; Konnoth, Craig J.; Badgett, M.V. Lee

2011-01-01

This report analyzes the impact on Delaware’s state budget of introducing civil union rights for same-sex couples. It estimates that a law recognizing civil unions between same-sex partners will cost the State $1.18 million over the three years following the measure, or only $390,000 per year. The costs and benefits accrued will change every year, as the number of same-sex couples entering civil unions each year will change. The State will see savings in expenditures on state means-tested pub...

Commander’s Handbook on Military and Civil Law. Revision

Science.gov (United States)

1990-05-01

Potential Civil and Criminal Liability 39-4 Fees versus Taxes 39-5 Federal Statutes 39-6 Polution Control and Abatement Statutes 39-6 Resource Protection... Radioactive Waste Policy Act.) E. Evaluate every environmental fne and charge Ihvied by a state, whether associated with the issuance of a permit or not...Any discharge of any radiological, chemical, or biological warfare agent, high-level radioactive waste, or medical waste into navigable waters is also

Comment: Risk Allocation Norms of Civil Construction Contracts in ...

African Journals Online (AJOL)

This comment discusses risk allocation under Ethiopian construction law and examines risks in civil construction contracts. The comment highlights the gaps in risk allocation norms under the standard format of construction contract that was issued by the Ethiopian Ministry of Work and Urban Development (MoWUD) in 1994 ...

The Indian civil liability for nuclear damage act, 2010. Legislation with flaws?

International Nuclear Information System (INIS)

Pelzer, Norbert

2011-01-01

1. India has had no special legislation so far about liability under civil law for nuclear damage. Instead, the general law about damages outside of contractual provisions applied. 2. The ambitious Indian civil nuclear program requires intensified international cooperation. The potential partners in that cooperation demand that liability regulations be adopted on the basis of the principles of the international nuclear liability conventions so as to grant legal assurance to their export industries. 3. In May 2010, draft liability legislation was introduced into the Indian parliament. Final deliberations were held on August 30, 2010. On September 21, 2010, the President confirmed the draft legislation, thereby making it law. The draft legislation had been a matter of dispute in India from the outset. 4. The law applies to nuclear facilities owned or controlled by the Indian central government. Only the government or government institutions or state-owned companies can be owners of a nuclear facility. The owner is liable without fault having to be proven. The details of liability follow the provisions of the liability conventions. 5. The law provides for legal channelling of liability to the owner of a nuclear facility. 6. Regular courts of law have no competence to rule about claims for damages under the law. Instead, a 'Claims Commissioner' appointed ad hoc by the government, or a 'Nuclear Claims Commission,' are competent. 7. The 2010 Indian nuclear liability law is a piece of legislation with deficiencies. Key elements are incompatible with the principles of international nuclear liability regimes. (orig.)

Defense against terroristic hazards and risk by building planning law

International Nuclear Information System (INIS)

Hopkins, Richard

2012-01-01

The book on defense against terroristic hazards and risk by building planning law includes the following issues: Introduction: civil engineering and safety. Risk, hazards and urban planning: historical and actual examples for the constructional danger prevention, terroristic threat and urban planning. Risk, hazards and terrorism: sociology and risk, law and risk, terrorism - risk or hazard? Answer to uncertainty - risk prevention, catastrophe law as link. Risk, hazard, terrorism and the public building and regional planning law: regional planning law as point of origin, building law and terrorism, possibility of control by the legal building regulations.

Flammability of kerosene in civil and military aviation

Energy Technology Data Exchange (ETDEWEB)

Sochet, I.; Gillard, P. [Universite d' Orleans, Lab. Energetique Explosions Structures, Bourges cedex, 18 (France)

2002-09-01

The investigation of the ignition conditions of kerosene vapors in the air contained in an aircraft fuel tank contributes to the definition of onboard safety requirements. Civil and military kerosene are characterized by specification. The specification of civil aviation kerosene is based upon usage requirements and property limits, while military kerosene is primarily controlled by specific chemical composition. Characterization of the flammability properties is a first step for the establishment of aircraft safety conditions. Flash point, vapor pressure, gas chromatography analysis, and flammability properties of the kerosene used by the French Military aviation (F-34 and F-35 kerosene) are compared with the flammability properties of civil kerosene. The empirical law established by the Federal Aviation Administration (FAA) in 1998, expressing the ignition energy in terms of fuel, temperature, flash point and altitude is modified and expressed in terms of fuel temperature, flash point and pressure. (Author)

Psychiatric evaluation of civil capacity with the new Brazilian Statute of the Person with Disabilities

Directory of Open Access Journals (Sweden)

Elias Abdalla-Filho

2017-05-01

Full Text Available The objective of this paper is to provide an update to psychiatrists regarding the new Brazilian Law for the Inclusion of People with Disabilities (BLI, Law 13,146 of 2015, and, specifically, to discuss potential implications of situations in which examination by a forensic psychiatrist points toward civil incompetence, while the above-mentioned law mandates full civil capacity for disabled persons. A study of Law 13,146/2015 was conducted, including a comparative analysis of legal and psychiatric approaches on the subject. This analysis revealed that the BLI has generated differences of opinion among legislators. However, the greatest difference seems to arise between the justice system and psychiatric expertise in relation to the difference of criteria adopted in the two approaches. The BLI is very recent; it should be revised in response to debates among psychiatrists and the criminal justice system, and especially as jurisprudence is formed over time.

Registration of civil status: formal link between family and succession intestate

Directory of Open Access Journals (Sweden)

Malena Proenza-Reyes

2017-01-01

Full Text Available The work presented to assess the main issues of the registration procedure in the field of civil status to inheritance effects, regard certificates issued by the Civil Registry official proof of family status as the main requirement to have place intestate succession; advertising of the facts and acts which constitute the formal link between this family and inheritance law on registration insufficient treatment, generates the violation of subjective rights that can be a starter. Supported the present methods of social research and analysis-synthesis and analysis of content, make important results in the national context from the characteristics presented Cuban society today and especially the Registers of Civil Status in the country.

[Right of access to healthcare in the context of the Royal Decree-Law 16/2012: the perspective of civil society organizations and professional associations].

Science.gov (United States)

Suess, Amets; Ruiz Pérez, Isabel; Ruiz Azarola, Ainhoa; March Cerdà, Joan Carles

2014-01-01

The recent publication of the Royal Decree-Law 16/2012 (RDL 16/2012), which introduces structural changes in the Spanish Public Healthcare System, can be placed in the broader context of budgetary adjustments in response to the current economic crisis. An analysis of the interrelationships among economic crisis, healthcare policies, and health reveals that citizen participation is one of several potential strategies for reducing the impact of this situation on the population. This observation raises the interest to know the citizens' perspectives on the modifications introduced by the RDL 16/2012. Narrative review of documents related to the RDL 16/2012 published by civil society organizations and professional associations in the Spanish context. A broad citizen response can be observed to the introduction of RDL 16/2012. The documents reviewed include an analysis of changes in the healthcare model inherent to the RDL 16/2012, as well as predictions on its impact on access to healthcare, healthcare quality, and health. The civil society organizations and professional associations offer recommendations and proposals, as well as collaboration in elaborating alternative strategies to reduce costs. The response of civil society organizations and professional associations underscores the importance of strengthening citizen participation in the development of healthcare policies aimed at maintaining the universal character and sustainability of the Spanish Public Healthcare System in the current moment of economic and systemic crisis. Copyright © 2014 SESPAS. Published by Elsevier Espana. All rights reserved.

Medical Liability in the Light of New Hungarian Civil Code

Science.gov (United States)

Barzó, Tímea

2015-01-01

The number of medical malpractice lawsuits filed each year in Hungary has considerably increased since the change of regime. The judicial decisions and practices on determining and awarding wrongful damages recoverable for medical malpractices in the Hungarian civil law have been developing for decades.

Limits of civil and environmental responsibility in transport through pipelines; Limites da responsabilidade civil e ambiental no transporte por dutos

Energy Technology Data Exchange (ETDEWEB)

Leao, Andreia Carneiro [EnviroCompliance Assessoria Ambiental (Brazil); Guilherme Samico, Natalizim Luiz [Webler e Advogados Associados, Macae, RJ (Brazil)

2003-07-01

Throughout the historic evolution of the Brazilian legislation, including a brief analysis of the prevailing laws regarding the subject, this paper provides an ample vision of the civil and environmental liability in transport contracts, and, especially, in the transport of oil and gas through pipelines, discussing the present influence of environmental norms and the New Brazilian Civil Code. And what was brought to a conclusion is, if on one hand were kept the liability of the Sender (user company of the transportation service contracted with the Carrier) and Carrier (personal entity operator of the pipeline system), who respond jointly and regardless of fault for damages to third parties and the environment (extendible also to the owner of the product and to financial institutions that participate in some form in the contract), on the other hand the New Civil Code authorizes the National Petroleum Agency - ANP to rule the liabilities between the parties to the transport contract, providing greater safety to the system operators. (author)

ASPECTS CONCERNING THE PRIVATE OWNERSHIP RIGHT WITHIN THE CONTEXT OF THE NEW CIVIL CODE

Directory of Open Access Journals (Sweden)

Ana-Maria Lupulescu

2012-11-01

Full Text Available The new Civil Code introduces several important changes and clarifications regarding the ownership right in general, and the private ownership right, in particular, so that it becomes necessary, for both the analyst in law and the practitioner, to make a comparison between the old regulation contained in the Civil Code of 1864 and the current regulation provided by the new Civil Code. At least in theory, the new legal framework in this area shows greater consistency and legal precision, although it is not entirely safe from any criticism.

UNIDROITED POSITION AS A SOURCE OF CONTRACT LAW IN THE FUTURE OF INDONESIAN CONTRACT LAW AMANDEMENT

OpenAIRE

N. Ike Kusmiati

2018-01-01

[Unidroited Position As A Source Of Contract Law In The Future Of Indonesian Contract Law Amandement] Business transaction often faced the issue of ensuring that the rights and obligation are fulfilled as the agreement as agreed, especially when facing the difficulties of the rights and obligation of the parties due to different legal system between countries. Thereore, to answer the problems  the parties will seek legal sources, namely book III of the Civil Code in addition to studying and u...

Developments in environmental and engineering law in 1990

International Nuclear Information System (INIS)

Brandner, T.

1991-01-01

The detailed and clear compilation for the period 1.1.1990-31.1.1991 covers the following topics: Environmental and engineering law in the German unification process; superordinate developments in the EG and in Germany, in particular: Draft Federal Environmental Code, Civil Environmental Liability Act, EIA, German Federal Environmental Foundation; technological safety; climate protection - international agreements, EC law, developments in Germany; air and noise pollution control law; atomic and radiation protection law - point of departure, legislation, individual questions: Federal supervision, nuclear disposal and recycling. Moreover: Environmental concerns in regional planning; the law of nature conservation, water protection, waste management, hazardous materials, genetic engineering and soil protection. (HSCH) [de

LAWS ON SEX DISCRIMINATION IN EMPLOYMENT--FEDERAL CIVIL RIGHTS ACT, TITLE VII. STATE FAIR EMPLOYMENT PRACTICES LAWS.

Science.gov (United States)

Women's Bureau (DOL), Washington, DC.

TITLE VII OF THE FEDERAL CIVIL RIGHTS ACT (1964) PROHIBITS DISCRIMINATION ON THE BASIS OF SEX IN ADDITION TO THE USUAL GROUNDS OF RACE, COLOR, RELIGION, AND NATIONAL ORIGIN. IT COVERS PRIVATE EMPLOYMENT AND LABOR ORGANIZATIONS ENGAGED IN INDUSTRIES AFFECTING COMMERCE, AS WELL AS EMPLOYMENT AGENCIES. IT IS UNLAWFUL FOR EMPLOYERS TO REFUSE TO HIRE,…

Author’s contract in the Albanian copyright law

Directory of Open Access Journals (Sweden)

Oltion Spiro

2016-03-01

Full Text Available The relation between the author and his/her artistic creation is very specific and at the same time a strong one. Such relation defies any property and affective connection that an individual may have with an object (Caron, 2011, 25. Copyright constitutes precisely the legal embodiment of the author’s intimate relationship with his/her work. Copyright is a plurality of legal provisions that belongs to the author of the work, in order to protect his/her ownership and eventually the commercial exploitation of such work. In this context, the author, through legal provisions and international conventions duly ratified by Albania, enjoys a relevant legal arsenal in order to defend his/her artistic works so that such works may have a live of its own (Vivant & Bruguière 2009, 23. One of these legal measures is the contract, which in legal doctrine is well known as the author’s contract. By means of such contract, the author has the right to distribute, reproduce, license or certify rights related to his/her artistic work. In this regard, the contract is an irreplaceable tool in the hands of the author to distribute the work and to give it an undeniable value, turning it into one of the most valuable intangible assets in civil circulation. The contract of the author, as the name indicates it, is a contract that obeys to the rules of civil law with respect to the quality of the parties, the characteristics of the object of the contract, its conclusion, the determination of remuneration and the term of duration. On the other hand, it is undeniable that the contract of the author contains rules which are not specifically contemplated by the Civil Code, such as rules relating to the form, interpretation and existence of some sui generis contracts provided in Law 9380 / 2005 “On copyright and related rights” (hereinafter referred to as “Law 9380/2005” or “Law on Copyright” as well as in the Draft Law On Authors Rights (hereinafter referred

Principles of European Contract Law

DEFF Research Database (Denmark)

Lando, Ole; Beale, Hugh

This text provides a comprehensive guide to the principles of European contract law. They have been drawn up by an independent body of experts from each Member State of the EU, under a project supported by the European Commission and many other organizations. The principles are stated in the form...... of articles, with a detailed commentary explaining the purpose and operation of each article and its relation to the remainder. Each article also has extensive comparative notes surveying the national laws and other international provisions on the topic. "The Principles of European Contract Law Parts I &...... in developing a common European legal culture. The European Parliament has twice called for the creation of a European Civil Code. The principles of European contract law are essential steps in these projects. This text provides a comprehensive guide to the Principles of European contract law. They have been...

Fundamental Rules of Civil Procedure : The Tuning of the Federal Constitution and the New Code of Civil Procedure in The Guarantee and Protection of Fundamental Rights

Directory of Open Access Journals (Sweden)

Fernanda Sell de Souto Goulart Fernandes

2016-10-01

Full Text Available On  March  16th,  2015  was  enacted  Law  13,105.  Known  for  having  the  intention  to democratize the process, the new Civil Procedure Code innovated in many ways, and one of those that highlights is the introduction on the legal text of the Procedure Constitutional Principles, already provide in the Constitution. The legislator's attitude positivate in the Ordinary   legislation   the   constitutional   principles   only   embodies   the   wave   of constitutionalization of rights. And the Civil Procedure could not be averse to this trend. Thus, this article aims to analyze the basic rules of civil procedure.

Call for civil registration and vital statistics systems experts | IDRC ...

International Development Research Centre (IDRC) Digital Library (Canada)

2017-06-30

Jun 30, 2017 ... This is a call for experts in civil registration, information technology, public health, statistics, law, ... digitization (including IT systems design, and system integration and ... socio-cultural and anthropological research); and; public health. ... IDRC and key partners will showcase critical work on adaptation and ...

Challenges of regulatory rights of half-capacitated persons: A sociological perspective on the French Civil Code reform.

Science.gov (United States)

Eyraud, Benoît

2016-01-01

Democratic societies are based on the principle of equal legal capacity of all citizens to decide and act for themselves in all areas of social life. This "socio-civil capacity", which may involve both material property of an individual, as well as private life in matters ranging from health to personal relationships, is recognized by the law (both codified law and common law). These rights guarantee the autonomy and freedom of individuals in the name of respect for human dignity. Civil capacity of a person is legally diminished because his or her "natural" abilities, capacity, or competence are reduced. Recent social changes have lead to increased uses of legal measures of protection. The reasons for these changes are complex and they are accompanied by legislative reforms that modify the rights of half-capacitated persons. In this article, we examine certain issues of civil capacity rights based on the French example. We start present a perspective of the historical definition and practice of these rights as well as their democratization. Copyright © 2016. Published by Elsevier Ltd.

Practical Guide to Civil Mediation

CERN Document Server

2006-01-01

The Permanent Mission of Switzerland has informed CERN that the Département des Institutions of the Republic and Canton of Geneva and the Groupement suisse des Magistrats pour la médiation (GEMME) - Swiss Association of Magistrates for Mediation have published a multilingual Practical Guide to Civil Mediation (including English). In this context, the Swiss Mission has underlined the benefits of resorting to mediation, especially for the personnel of international organizations, and which the Secretary-General of the GEMME has summarised as follows: it is a private process not requiring the waiver of the parties' immunities; the confidentiality of the mediation process is guaranteed both by the mediator and the parties to it; the search for an amicable settlement does not need to be determined by reference to law (provided that public order is respected); the process is faster (2 to 3 sessions), less costly and more flexible than civil or arbitration procedures; in order to reinforce the agreeme...

Practical Guide to Civil Mediation

CERN Multimedia

2006-01-01

The Permanent Mission of Switzerland has informed CERN that the Département des Institutions of the Republic and Canton of Geneva and the Groupement suisse des Magistrats pour la médiation (GEMME) - Swiss Association of Magistrates for Mediation have published a multilingual Practical Guide to Civil Mediation (including English). In this context, the Swiss Mission has underlined the benefits of resorting to mediation, especially for the personnel of International Organizations, and which the Secretary-General of the GEMME has summarised as follows: it is a private process not requiring the waiver of the parties' immunities; the confidentiality of the mediation process is guaranteed both by the mediator and the parties to it; the search for an amicable settlement does not need to be determined by reference to law (provided that public order is respected); the process is faster (2 to 3 sessions), less costly and more flexible than civil or arbitration procedures; in order to reinforce the agreem...

29 CFR 553.211 - Law enforcement activities.

Science.gov (United States)

2010-07-01

... includes physical training, self-defense, firearm proficiency, criminal and civil law principles... parking violations and issuing appropriate warnings or appearance notices, (7) Wage and hour compliance officers, (8) Equal employment opportunity compliance officers, (9) Tax compliance officers, (10) Coal...

Labour Law Patrimonial Liabilities. General Aspects

Directory of Open Access Journals (Sweden)

Georgiana COVRIG

2014-06-01

Full Text Available The damages under labour law are assessed according to special legal provisions and in the absence of such regulations, civil law regulations must be applied in relation to the prices at the time at which the agreement of will was made or the damaged person may bring the action before the court. In the case of goods’ damage, the damage assessment is done in all cases taking into account the real degree of wear of the asset.

Civil Registration and Vital Statistics, Emergencies, and International Law: Understanding the Intersection.

Science.gov (United States)

Brolan, Claire E; Gouda, Hebe

2017-05-01

Civil registration and vital statistics (CRVS) systems are typically run by governments to record every birth, adoption, death, marriage, and divorce that occurs among a country's population. Registration of vital events provides individuals with a formal relationship with the State and each other, and is the foundation of a person's identity, nationality, and legal status. At a population level, vital statistics are essential for effective planning and implementation of policies and services. Globally, strong CRVS systems are increasingly recognised as a crucial backbone for redressing health inequities and as a priority in strengthening global health and development efforts. Many countries, however, currently lack adequate and reliable CRVS systems, leaving many people vulnerable to statelessness, limited access to important government services (such as education and health services), and effective legal protection. Public health and humanitarian emergencies in such contexts can expose those already disadvantaged and marginalised to heightened risk. CRVS systems weakened by crises make registration difficult or impossible and unregistered people may be displaced or separated from their families, exacerbating their susceptibility. The presence of a strong CRVS system, therefore, can facilitate effective and cost-effective emergency responses, help prevent exploitation of individuals (particularly women and children), and help to rebuild communities post-crisis. This article will consequently review the international legal mandates that exist to strengthen CRVS systems globally, with particular view to public health and humanitarian emergencies. Identity and citizenship, and the socio-political contexts in which these concepts co-exist, are inevitably interconnected with CRVS. This can create potential for CRVS systems and data to be exploited as a political instrument. Grounding CRVS strengthening in a single binding, human rights law instrument is a potential way

Draft Federal Act of the Russian Federation 'The Civil Liability for Nuclear Damage and its Financial Security'

International Nuclear Information System (INIS)

Lebedeva, Yulia

2014-01-01

The use of nuclear power by states in the modern world requires supplements to international law through the development of national legislation on civil liability for nuclear damage and compensation. The situation in the Russian Federation is no exception. Russian law on civil liability for nuclear damage has not fully evolved, and currently, there is no specific law covering liability for nuclear damage, nor is there a law regarding the financial and insurance mechanisms for compensation. Instead, the current laws establish a state system of benefits and compensation for damage to health and property of citizens. Since 1996, Russia has been actively working to develop a draft federal act to cover liability for nuclear damage. A bill was first introduced in the State Duma of the Federal Assembly of the Russian Federation on 16 July 1996, and was originally called 'The Compensation for Nuclear Damage and Nuclear Insurance'. In 1997, the official representative of the Government of the Russian Federation, Head of Russian Federal Inspectorate for Nuclear and Radiation Safety, Yuri Vishnevsky, was appointed to present this bill for discussion in the chambers of the Federal Assembly of the Russian Federation. In September 1998, the State Duma rejected the draft federal act and instead adopted in the first reading a different draft federal act: No. 96700118-2, 'The Civil Liability for Nuclear Damage and its Financial Security' ('the bill'). In this case, the State Duma Committee on Ecology was charged with incorporating the incoming amendments into a final bill and submitting it to the State Duma for a second reading. In 2005, Russia ratified the Vienna Convention on Civil Liability for Nuclear Damage. This ratification required significant amendments to 'The Civil Liability for Nuclear Damage and its Financial Security' bill. But, even though the Russian Federation had not yet ratified the Vienna Convention, the drafters were still careful to take into account the

Assessment of Recovery of Damages in the New Romanian Civil Code

Directory of Open Access Journals (Sweden)

Ion Țuțuianu

2016-01-01

Full Text Available AbstractThe subject’s approach is required also because, once adopted the New Civil Code, it acquired a new juridical frame, but also a new perspective. A common law creditor who does not obtain the direct execution  of his obligation is entitled to be compensated for the damage caused by the non-execution  with an amount of money which is equivalent to the benefit that the exact, total, and duly execution  of the obligation would have brought the creditor.Keywords:  interest, damages, civil code, juridical responsibility

The responsibilities of the in-plant environmental protection officer under civil law and under criminal law

International Nuclear Information System (INIS)

Salje, P.

1993-01-01

The scope of responsibilities of the in-plant environmental protection officer covers a wide range of tasks: Water protection, waste management, control of emissions for air pollution abatement, emergency preparedness, radiological protection. What are the consequences for the EP officer in case of neglect? This is the topic of the contribution, discussed from the viewpoint of criminal law and private law. The criminal liability of the EP officer results from the EP officer committing an offence either by wilful act or by neglect, it, in the latter case, the officer is in a warranty position. Under private law, the EP officer is subject to third party liability within the framework defined by Paragraph 823 BGB. There is no possibility for him to claim restriction of liability refering to the enhanced risks involved in his job. Hence a sound professional indemnity insurance is recommendable. (orig.) [de

A Microeconomic Model of the Demand of Civil Justice

DEFF Research Database (Denmark)

Antonelli, Maria Alessandra; Grembi, Veronica

2013-01-01

The paper analyzes how institutional elements affect the decision to file of risk neutral agents. In particular, we introduce an objective probability of winning given by the combination of a precedent-weight parameter (defining the type of legal system) and a transparency factor. 603,000 simulat...... and the parties both in civil and common law systems....

AGENCY CONTRACTS – EXISTING REGULATIONS IN ROMANIAN LAWS

Directory of Open Access Journals (Sweden)

Cristina Cojocaru

2012-11-01

Full Text Available Agency contracts are created as legal instruments with a highly important role for the business activity, given that they are the basis for professional intermediation. Regulations have changed in time, in an attempt to offer a better apprehension of the notion and applicability of this type of contract through the legislative framework. In Romanian law, this type of contract was regulated for the first time by Law no. 509 in 2002 on permanent commercial agents, law that was repealed when the new Civil Code came into force on October 1, 2011.

75 FR 35093 - Civil Service Retirement System; Present Value Factors

Science.gov (United States)

2010-06-21

... present value factors to changes in demographic factors adopted by the Board of Actuaries of the Civil... actuarial assumptions and data to the Board of Actuaries, care of Gregory Kissel, Actuary, Office of... 1986, Public Law 99- 335, based on changed demographic factors adopted by the Board of Actuaries of the...

THE DEVELOPMENT OF INDONESIAN ISLAMIC LAW: A Historical Overview

Directory of Open Access Journals (Sweden)

Ahmad Yasa

2015-06-01

Full Text Available Islamic Law is a set of promoted regulations adjusting human relationship to the Creator, human being and the environment based on Islamic doctrines. The Islamic Law has been established in Indonesia and effectively implemented in Indonesian Religious Court based on Law Number 7 of 1989. The law covers the areas of marriage, inheritance, will, bequest, benefaction and alms. In addition, especially in Aceh, with its peculiar feature, Islamic Law has been applied normatively, and in several areas it has been applied based on Local Regulations. However to perform the Islamic Law, it depends on faith and piety of the members of Islam. Thereby, although the formal law in juridical manner of Islamic Law in Indonesia was justly applied in limited civil law, however the Muslim society have stepped forward in applying Islamic Law in various Islamic social institutions.

Developments in the Law--Section 1981.

Science.gov (United States)

Aguilar, Javier; And Others

1980-01-01

Reviews the history and current state of the law under Section 1981 of the Civil Rights Act of 1866. Suggests how it may be interpreted to maintain its vitality as a guarantee of racial equality. Considers actionable discrimination claims, protected interests, prima facie evidence, constitutional defenses, immunities, and procedural issues.…

Nnamdi Azikiwe University Journal of International Law and ...

African Journals Online (AJOL)

Same-sex marriage, civil marriage and cohabitation: the law, the rights and responsibilities · EMAIL FREE FULL TEXT EMAIL FREE FULL TEXT DOWNLOAD FULL TEXT DOWNLOAD FULL TEXT. Bosede Bukola Oludairo, M.K. Imam-Tamim, 179-186 ...

HIPAA's Individual Right of Access to Genomic Data: Reconciling Safety and Civil Rights.

Science.gov (United States)

Evans, Barbara J

2018-01-04

In 2014, the United States granted individuals a right of access to their own laboratory test results, including genomic data. Many observers feel that this right is in tension with regulatory and bioethical standards designed to protect the safety of people who undergo genomic testing. This commentary attributes this tension to growing pains within an expanding federal regulatory program for genetic and genomic testing. The Genetic Information Nondiscrimination Act of 2008 expanded the regulatory agenda to encompass civil rights and consumer safety. The individual access right, as it applies to genomic data, is best understood as a civil-rights regulation. Competing regulatory objectives-safety and civil rights-were not successfully integrated during the initial rollout of genomic civil-rights regulations after 2008. Federal law clarifies how to prioritize safety and civil rights when the two come into conflict, although with careful policy design, the two need not collide. This commentary opens a dialog about possible solutions to advance safety and civil rights together. Copyright © 2017 American Society of Human Genetics. Published by Elsevier Inc. All rights reserved.

20 CFR 402.105 - Exemption seven for withholding records: Law enforcement.

Science.gov (United States)

2010-04-01

... enforcement purposes. The records may apply to actual or potential violations of either criminal or civil laws..., has been compiled by a law enforcement authority conducting a criminal investigation, or by an agency... as well as to physical violence. [62 FR 4154, Jan. 29, 1997. Redesignated at 63 FR 35132, June 29...

Civil Defence and National Security: Composition and Implementation Model in National Defence

Directory of Open Access Journals (Sweden)

Mr. Muradi

2017-01-01

Full Text Available Civil Defense is inherent part of every citizen in many countries anywhere in the world, which differ only in the implementation of the program. The difference depends on the threat level and needs of each country in mobilizing citizens. However, the Civil Defense’s Governance which involvement of citizens is already regulated in a number of regulations and legislation, but as one part of an integrated program linked to the involvement of citizens in the framework of national defense, civil defense program is not enough to have its own laws. So that when applied in the form of operational, interpretation of these programs tend to be not in tune and even have precisely the opposite perspective between the state and citizens. This paper argued that the Civil Defense program is part of an integrated governance program of national security. Therefore, the state should be required to ensure that the program of Civil Defense goes well. This paper is also offer the composition and program models associated with the Civil Defense, Conscription Program (draftee and Reserve Component. The argument of this paper is that the Civil Defense Program is a linear and continuous with Conscription and Reserves Programs.

The concept of family in the EU free movement law

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Janićijević Dejan

2014-01-01

Full Text Available This paper examines the concepts of spouse, civil partner and partner in European Union (EU law, particularly in regulations referring to the free movement of persons, criticizing the unharmonized approach to defining family in this context. It argues that the narrow interpretation of the term spouse could lead to discrimination on the grounds of sexual orientation. Likewise, grounding free movement rights of civil partners on host state recognition of such partnerships could lead to the same result, which is not compatible with the equality principle in the EU law. The position of unmarried or unregistered partners is also considered; in particular, the paper analyses the requirement to duly attest durability of the relationship and its impact on the same-sex partners wishing to immigrate to a Member State. The author holds that it is necessary to reconsider the law in this area and adjust it to the EU's efforts to eliminate discrimination on the grounds of sexual orientation.

JURIDICAL REGIME OF THE INTEREST IN THE ROMANIAN LAW. PARTICULAR CASE. COMPARISON BETWEEN THE REGULATIONS OF THE REMUNERATORY INTEREST VERSUS THE PENALIZING INTEREST, IN THE ROMANIAN BANKING LAW

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Silvia Lucia Cristea

2015-11-01

Full Text Available The analysis of a case where the rate of the conventional interest is not specified made me investigate what is the maximal limit that can be obtained in this case, under the regulation in force, in the Romanian law (sect.1!To formulate a solution, I considered as necessary to analyze : the provision on the moratory damages (according to the Roman Civil Code and the putting of the debtor in default, in order to know what is the date starting from which the moratory damages are calculated (according to the Roman Civil Code-sect.2; the juridical regime of the interest (according to the Roman Bankin Law-sect.3;comparison between the remuneratory interest and the penalizing interest (according to the Roman Banking Law-sect.4;solution for the case and conclusions-sect. 5.

International Law governing the Safe and Peaceful Uses of Nuclear Energy

International Nuclear Information System (INIS)

Jankowitsch-Prevor, O.

2002-01-01

1. The International Governmental Institutions. History and mandates: IAEA, OECD/NEA, EURATOM. 2. International Treaties and Conventions: The Peaceful Uses of Nuclear Energy: Commitment and Verification (the NPT, Safeguards Agreements with the IAEA, The Additional protocol, Regional Non-proliferation Treaties); the Physical protection of Nuclear Material (Convention on the Physical Protection of Nuclear Material); Civil Liability for Nuclear Damage (Vienna Convention on the Civil Liability for Nuclear Damage, Protocol to Amend the Vienna Convention, Paris Convention on Civil Liability, Joint Protocol relating to the Application of the Vienna Convention and the Paris Convention, Convention on Supplementary compensation for Nuclear Damage); In case of Nuclear Accident: Notification and Assistance (Convention on Early Notification of a Nuclear Accident, Convention on Assistance in the case of a Nuclear Accident or Radiological Emergency); International Law Governing Nuclear Safety (Nuclear Safety Convention, Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management). 3. Relationship between International and National Law

THE LOAN CONTRACT IN THE NEW CIVIL CODE

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LIVIA MOCANU

2012-05-01

Full Text Available The new Civil Code maintains, mainly, the stipulations of the Civil Code of 1865 regarding loan contracts, in its both forms (the loan for use and the loan for consumption. As a variety of the loan for consumption, a few new specific stipulations were included, regarding the loan with interest.This research is focused on the current regulation of the loan contract, including a series of changes, of which the most important refers to: the loan promise, the risk regarding the asset placed in a bailment, property transfer and the risk in the loan for consumption contract, loan return and the interest regime. Also, what kept my attention is the significant changes brought to the interest regime by the Law for applying the Civil Code, included for now in Chapter I of the O.G. no. 13/2011, regarding the legal compensatory interest and the penalty interest for financial duties, as well as for the regulation of certain financial-fiscal measures in the banking department.

A critical review of the Chilean civil nuclear liability regime

International Nuclear Information System (INIS)

Gonzalez Cruz, Francisco Javier; Acevedo Ferrer, Santiago

2013-01-01

This article reviews the Chilean civil nuclear liability regime. The Nuclear Security Act (Law 18.302), enacted in 1984, and the Vienna Convention on Civil Liability for Nuclear Damage, ratified ed by Chile in 1989, are the fundamental laws of the current regime. Although Chile has no nuclear power plants, it is still important to analyze how the Chilean legislation would protect citizens from nuclear damages. This paper does not consider the policy reasons for and against the promotion of atomic energy. Rather, it critically examines the current status of the Chilean nuclear regime. Undoubtedly, if in the future Chile chooses to include nuclear sources in its energy mix, it will not be enough to introduce some isolated legal amendments, but it will be necessary to build a new Chilean Energy Regime which includes nuclear energy. In that scenario, though, it will be useful to know and understand how the current nuclear liability regime works. From this point of view, the reforms this article proposes to the current nuclear liability regime might be helpful to academics and policy makers alike

Innovative Research on Teaching Model of Environmental Law Courses in China

OpenAIRE

Yuling Li

2013-01-01

At present, the teaching model of environmental law courses in China is mainly lecture-based learning (LBL) teaching model whose disadvantages are closeness, unidirection and weak teaching practice. This model does not fit in with the characteristics of environmental law courses and the objective changes of ecological civilized society for the demand of talents of environmental law. Therefore, we should actively reform the current single teaching model, learn from foreign advanced teaching co...

The Effect of International Trade on Rule of Law

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Junsok Yang

2013-03-01

Full Text Available In this paper, we look at the relationship between international trade and the rule of law, using the World Justice Project Rule of Law Index, which include index figures on human rights, limits on government powers, transparency and regulatory efficiency. Based on regression analyses using the rule of law index figures and international trade figures (merchandise trade, service trade, exports and importsIn this paper, we look at the relationship between international trade and the rule of law, using the World Justice Project Rule of Law Index, which include index figures on human rights, limits on government powers, transparency and regulatory efficiency. Based on regression analyses using the rule of law index figures and international trade figures (merchandise trade, service trade, exports and imports as percentage of GDP, international trade and basic human rights seem to have little relationship; but trade has a close positive relationship with strong order and security. Somewhat surprisingly, regulatory transparency and effective implementation seems to have little or no effect on international trade and vice versa. International trade shows a clear positive relationship with the country’s criminal justice system, but the relationship with the civil justice system is not as clear as such. For regulatory implementation and civil justice, services trade positively affect these institutions, but these institutions in turn affect exports more strongly than services trade. Finally, the effect of trade on rule of law is stronger on a medium to long term (10-20 year time horizon.

Electronic communication in civil litigation

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Salma Marija

2014-01-01

Full Text Available This paper looks into common European and national rules regulating electronic communication in legal matters. Such form of communication in legal matters expedites the procedure. It is also pointed out that electronic communication between the court and the parties to the proceedings, as well as third parties, is conducted through registries, regulated by special regulations, for filing written submissions of the parties and decisions of the court. Legislation regulating electronic communication is intended for litigation in commercial matters. European and national rules do not exclude the possibility of electronic communication in non-commercial litigation provided there is an express consent of the parties to such communication. Although steps towards digitalization have been taken in the Republic of Serbia, legislation regulating electronic service of documents, communication in civil litigation, is still missing. The Civil Procedure Law does not have a separate section regulating the electronic communication in legal matters. However, it cannot be said that the CPC does not set basic principles regulating this form of communication in legal matters.

The reform of the French Law of Obligations: les jeux sont faits

NARCIS (Netherlands)

Smits, Jan; Calomme, Caroline

2016-01-01

1 October 2016 was a historic date for French law. For the first time since the introduction of the French Civil Code in 1804, a fundamental reform of the codified law of obligations took place. This contribution discusses both the motives for and the contents of this reform. Particular attention is

The Influence of Higher Education on Law Enforcement Entry Level Examination Outcomes

Science.gov (United States)

Paprota, David A.

2012-01-01

Entry into a career in law enforcement is most often dependent upon the aspiring candidate's relative success on a competitive, written, multiple-choice examination. In the state of New Jersey, as in many states, civil service laws preclude consideration of formal educational attainment when establishing the ordinal, eligibles lists for law…

Discussion on the Scope of Legal Fictions to Assume Executives and Employees of Entrusted Agencies Are Civil Servants in the Application of Punishments

Energy Technology Data Exchange (ETDEWEB)

Kim, Sang-won; Jang, Gun-hyeon; Kim, Chang-beom; Go, Jae-dong; Ahn, Hyeong-jun; Rhyu, Jung; Chung, Sang-ki [Korea Atomic Energy Research Institute, Daejeon (Korea, Republic of)

2008-05-15

Article 122 of the Atomic Energy Act sets forth that 'executives and employees of an agency engaged in an entrusted work or its associated specialized agency, in the application of any punishment as per the Criminal Act or other laws, shall be regarded as civil servants,' stipulating that the scope of legal fictions to assume such persons are civil servants should be applicable to any punishment as per the Criminal Act or other laws. Accordingly, the executives and employees of an entrusted agency or its associated specialized agency are subject to the punishments not only for acceptance of graft but also for dereliction of duty or divulgence of classified information. In addition, they are also subject to increased punishment in accordance with other laws, for example, such special laws as Law Concerning Increased Punishment for Specified Crimes and Law Concerning Increased Punishment for Specified Economic Crimes.

Discussion on the Scope of Legal Fictions to Assume Executives and Employees of Entrusted Agencies Are Civil Servants in the Application of Punishments

International Nuclear Information System (INIS)

Kim, Sang-won; Jang, Gun-hyeon; Kim, Chang-beom; Go, Jae-dong; Ahn, Hyeong-jun; Rhyu, Jung; Chung, Sang-ki

2008-01-01

Article 122 of the Atomic Energy Act sets forth that 'executives and employees of an agency engaged in an entrusted work or its associated specialized agency, in the application of any punishment as per the Criminal Act or other laws, shall be regarded as civil servants,' stipulating that the scope of legal fictions to assume such persons are civil servants should be applicable to any punishment as per the Criminal Act or other laws. Accordingly, the executives and employees of an entrusted agency or its associated specialized agency are subject to the punishments not only for acceptance of graft but also for dereliction of duty or divulgence of classified information. In addition, they are also subject to increased punishment in accordance with other laws, for example, such special laws as Law Concerning Increased Punishment for Specified Crimes and Law Concerning Increased Punishment for Specified Economic Crimes

Law and Islamic finance: How legal origins affect Islamic finance development?

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Rihab Grassa

2014-09-01

Full Text Available Many researchers have shown that differences in legal origin explain differences in financial development. Using historical comparisons and cross-country regressions for 30 countries observed for the period from 2005 to 2010, this study tried to assess if different legal origins impacted on the development of Islamic finance. More particularly, this paper tried to assess empirically why and how Shari'a Law's legal origins adopted wholly or partially (combined with Common or Civil Law could explain the level of development of Islamic finance in different jurisdictions. Firstly, we found that countries adopting a Shari'a legal system had a very well developed Islamic financial system. Secondly, we found that countries, adopting a mixed legal system based on Common Law and Shari'a Law, were characterized by the flexibility of their legal systems to make changes to their laws in response to the changing socioeconomic conditions and that these helped the development of the Islamic financial industry. However, we found that countries, adopting a mixed legal system based on both Civil Law and Shari'a Law, were less flexible in making changes to their old laws and this thwarted the development of the Islamic financial industry in these countries. Thirdly, we found that the concentration of Muslim population (the percentage of Muslim population had a positive effect on the development of the Islamic banking system. Also, the level of income had a positive and significant effect on the development of Islamic banking.

Ways of Civil Society Institutes Interaction with Local Governments in the Sphere of Anti-Corruption

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Kristina V. Кondrashova

2016-06-01

Full Text Available In this article author analyzes ways of civil society institutes interaction with local government bodies in the sphere of anti-corruption, legal regulation in the sphere of anti-corruption is analyzed (including the Federal law of December 25, 2008 No. 273-FZ "About anti-corruption", opinions of scientists-jurists are researched. In the conclusion the author reviews 4 examples mutually beneficial cooperation of institutes of civil society and local government bodies.

Motivation of staff in the civil service of Ukraine: problems and prospects

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Nataliia Trokhymivna Honcharuk

2013-11-01

Full Text Available The problems and prospects of motivation in the civil service of Ukraine are analyzed in the article. Categorical analysis in the scientific literature the terms “motivated”, “motivation of staff of the Civil Service”, “motivation”, “financial motivation” has been done. The evolution of concepts and theories of motivation based on the needs, interests, motives and incentives is analyzed. The authors propose to take all the best from these concepts and theories to use in today’s development of Ukrainian society. The current state of public servants motivation and its regulatory provision is researched. Domestic and foreign experience motivation of public service motivation is generalized. The possibility of using new technologies of human resource management improvement in the public service is researched, the new provisions of the Law of Ukraine “On Civil Service” dated November 11, 2011 № 4050 on the motivation of civil servants in Ukraine is described.

EL CONVENIO REGULADOR EN EL DERECHO ESPAÑOL Y EL PROYECTO DE LEY DE MATRIMONIO CIVIL CHILENO

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Rodrigo Barcia Lehmann

2002-01-01

Full Text Available Este trabajo analiza el convenio regulador en el Derecho español con miras a confrontar algunos aspectos de éste con el Proyecto de Ley de Matrimonio Civil chileno. El análisis del Derecho español presenta interesantes discusiones en torno a la naturaleza del convenio regulador previo a su homologación, naturaleza de la sentencia que lo homologa, los efectos del convenio regulador respecto de los terceros, y presenta una serie de matices con relación a los cónyuges y a los hijos. Con relación a aquéllos se restringe la intervención del Juez lo que no acontece respecto de los hijos. Después de concluir este trabajo se hace patente que el Proyecto de Ley de Matrimonio Civil peca de un exceso paternalista y es muy poco respetuoso de las decisiones de los cónyuges, además de conceder un ámbito de aplicación al convenio mucho más restringido que el Derecho español.This paper analyzes the legalization agreement in the Spanish Law with the purpose of confronting some of its aspects with the Chilean Civil Marriage Law Project. The analysis of the Spanish Law presents interesting discussions dealing with the nature of the legalization agreement prior to its ratification, the nature of the verdict that ratifies it, the effects of the legalization agreement with respect to others, and a series of guidelines in relation with the married couple and the children. The intervention of a judge is restricted concerning the couple but not in the case of the children. After concluding this paper it is clear that the Civil Marriage Law Project is too paternal and has little respect for the decisions of the couple, in addition it bestows an application limit to the agreement, which is much more restrictive than the Spanish Law.

Optimization Based Clearance of Flight Control Laws A Civil Aircraft Application

CERN Document Server

Hansson, Anders; Puyou, Guilhem

2012-01-01

This book summarizes the main achievements of the EC funded 6th Framework Program project COFCLUO – Clearance of Flight Control Laws Using Optimization. This project successfully contributed to the achievement of a top-level objective to meet society’s needs for a more efficient, safer and environmentally friendly air transport by providing new techniques and tools for the clearance of flight control laws. This is an important part of the certification and qualification process of an aircraft – a costly and time-consuming process for the aeronautical industry.   The overall objective of the COFCLUO project was to develop and apply optimization techniques to the clearance of flight control laws in order to improve efficiency and reliability. In the book, the new techniques are explained and benchmarked against traditional techniques currently used by the industry. The new techniques build on mathematical criteria derived from the certification and qualification requirements together with suitable models...

The protection of the accused in international criminal law according to the Human Rights Law Standard

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Karolina Kremens

2011-12-01

Full Text Available The presented paper discusses the influence of international human rights law on international criminal law. It tries to give an answer to the question of whether rules protecting the accused in international criminal proceedings meet the human rights law standard provided by international declarations and covenants. Meaning, if the proceedings before the International Criminal Tribunal for Former Yugoslavia (ICTY, International Criminal Tribunal for Rwanda (ICTR and International Criminal Court (ICC meet the standard provided by international human rights law, in particular the International Covenant on Civil and Political Rights. The paper proves that international human rights law has affected international criminal law tremendously. Moreover, it is argued that the protection of the accused in the law of the international courts and tribunals with regard to his rights has improved when compared to the international human rights law standard. In particular the Rome Statute of the ICC provides the accused with the most comprehensive protection. This is especially visible in the case of such rights as the presumption of innocence, right to an interpreter and right to remain silent. Nevertheless, some shortcomings in the law of the ad hoc tribunals and ICC can be observed, in particular when it comes to identifying the commencement of protection of the accused.

Burden of proof of the exclusions of unlawfulness in the criminal process and the necessity to break with its civil origin

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Rafael Fecury Nogueira

2018-03-01

Full Text Available The present work proposes a critical analysis about the burden of proof of the exclusion of unlawfulness in criminal procedure, researching about the responsible for it, whether prosecution or defense. Traditionally, in Brazil, the jurisprudential orientation links the burden of proof of the exclusion of unlawfulness to the defendant. This link happens because the exclusion of liability’s cases is equated to the civil theory about impeding, modifying or extinguishing rights facts. The following study is focused in the origin of the theses that allowed the construction of the current conception. This method enables to compare the civil and the criminal rules concerning to the burden of proof. For a detailed understanding of the subject, it is necessary to carry out a historical course of dogmatic aspects specific to civil procedural law and criminal law that converge to the current theme, such as the rule of distribution of the burden of proof in the civil procedure and the evolution of crime’s theory.

El «Soft Law» europeo en la jurisprudencia española: doce casos

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Antoni VAQUER ALOY

2013-07-01

Full Text Available Spanish courts often quote European Soft Law as a means for modernizing Spanish private law, in particular the law of obligations as enshrined in the ancient Spanish Civil Code. Even if the Soft Law is not the ratio decidendi of the decisions, courts find there some inspiration to adequate the old rules to the new economic and legal necessities. This essay lists a series of decisions that have resorted to European Soft Law in order to update the Spanish contract law.

Constraining is enabling? Exploring the influence of national context on civil society strength

NARCIS (Netherlands)

Kamstra, J.; Pelzer, B.J.; Elbers, W.J.; Ruben, R.

2016-01-01

This article analyses the influence of national context on civil society strength based on four key dimensions: level of democracy, political stability, rule of law and economic development. Whereas existing studies mainly focus on Western and post-communist countries, we explicitly include

Constraining Is Enabling? Exploring the Influence of National Context on Civil Society Strength

NARCIS (Netherlands)

Kamstra, Jelmer; Pelzer, Ben; Elbers, Willem; Ruben, Ruerd

2016-01-01

This article analyses the influence of national context on civil society strength based on four key dimensions: level of democracy, political stability, rule of law and economic development. Whereas existing studies mainly focus on Western and post-communist countries, we explicitly include

The Impact of the Qur'anic Conception of Astronomical Phenomena on Islamic Civilization

Science.gov (United States)

Ahmad, I. A.

Discussions of astronomical phenomena in religious texts usually center around either their literal astronomical content or their symbolic significance. We shall instead consider the use of frequent references to astronomical phenomena in the Qur'an as exhortations to a worldview that ushered in the modern era. The Qur'anic conception of astronomical phenomena had a critical impact on Islamic civilization and the civilizations that followed because it introduced and mandated the adoption of certain attitudes. Among these were a greater respect for empirical data than was common in the preceding Greek civilization and an insistence that the Universe is ruled by a single set of laws. Both of these were rooted in the Islamic concept of tawhîd, the unity of God.

LEGAL ISSUES AND ASPECTS RELATED TO THE HUMAN RESOURCES MANAGEMENT REGARDING THE SELECTION OF CIVIL SERVANTS

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MELINDA CENUŞE

2012-12-01

Full Text Available Public administration selects its servants exclusively on competence criteria (the so-called merit system. The selection of civil servants is performed by contest, organized within the limit of vacant public positions provided annually for this purpose, by the plan for occupation of public positions. As a general rule, the contest is organized on a quarterly basis. Any individual who meets the general conditions provided by law and the specific conditions established by law for occupying a certain public position may participate at the selection contest organized for the occupation of a public position. Among other aspects, in this study we underline an inconsistency regarding the recruitment defined in the field of Human Resources Management and its definition from The Statute of the Civil Servants.

The Effects of Race and Sex Discrimination Laws

OpenAIRE

David Neumark; Wendy A. Stock

2001-01-01

The question of the effects of race and sex discrimination laws on relative economic outcomes for blacks and women has been of interest at least since the Civil Rights and Equal Pay Acts passed in the 1960s. We present new evidence on the effects of these laws based on variation induced first by state anti-discrimination statutes passed prior to the federal legislation and then by the extension of anti-discrimination prohibitions to the remaining states with the passage of federal legislation...

Conflict between civil liberties and nuclear energy safeguards: an analysis of current and prospective Federal regulation

International Nuclear Information System (INIS)

O'Brien, J.N.

1977-01-01

The high regard that the U.S. has traditionally placed on individual rights and liberties makes it imperative that nuclear-safeguards measures currently in use or suggested by evaluated in terms of their social costs. A nuclear-safeguards strategy that minimizes civil-liberties impacts as a social cost and allows adequate protection against the threats of nuclear theft and sabotage in the rapidly developing nuclear energy industry must be arrived at. This study explores the possible civil-liberties impacts and the effectiveness of nuclear-safeguards measures which may be or are being used. Case law and statutory law are extensively analyzed to classify the type of civil-liberties impacts that particular nuclear-safeguards measures may impose. Literature addressing the effectiveness of safeguards measures is examined in various contexts often completely outside of the ''security'' disciplines. A comparison of both the civil liberties impact and effectiveness of each nuclear safeguards measure reveals a cost/benefit factor from which conclusions may be drawn. The real issue is whether or not a nuclear safeguards system will interfere with historic respect governmental institutions have given rights and liberties guaranteed in the U.S. It is concluded that physical access controls present only minor civil liberties costs while providing substantial protection against theft and sabotage. Recommendations are made in the form of suggested statutes, regulations, and regulatory guides. Certain inter-agency relationships and methods for establishing those relationships are also suggested

Harmonization of the Ukrainian civil service with international and EU standards

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L. V. Prudyus

2016-07-01

Full Text Available In the article the issue on harmonization of the civil service with the international and EU standards as one of the key direction of implementation of the Reform Strategy of civil service and service in local self­government bodies for the period up to 2017 was researched. It was established that examples of the most effective management practice can be considered as a standard on which could be oriented states that seek to move to a more efficient and effective public administration. It was approached the issue «European standards of the public administration» as the complex of principles and standards of the establishing and implementation of politics, requirements to the management system. These concepts create will­free and subsequent application to harmonize with the model on building and realization of the modern people oriented public power; «European standards of the civil service» as the requirements to the organization, functionality, structure and management of the civil service system of the EU countries, which established by the legislation and informal cooperation for the ensuring the mission, aim and tasks of the EU and were established by founding treaties. It was summarized that good governance became in the EU as the paradigm for ensuring of the real effect to the democracy values and standards, human rights protection, rule of law, obligatory public administration in all levels. It was implemented according to 12 principles: 1 fair elections, representation and participation; 2 sensitivity to the citizens needs and expectations; 3 efficiency and effectiveness; 4 openness and transparency; 5 the rule of law; 6 ethical behavior; 7 the ability and competence; 8 innovation and openness to change; 9 sustainability and focus on long­term results; 10 sound financial management; 11 human rights, cultural diversity and social cohesion; 12 accountability. It was proven that civil service harmonization with the international and

Focus on the future of nuclear liability law

International Nuclear Information System (INIS)

Pelzer, N.

2000-01-01

The main nuclear liability principles are examined. Then, aspects newly introduced by the 1997 Convention on Supplementary Compensation and by the new austrian nuclear liability law are studied. Then general deliberations on the extent and the limits of a civil nuclear liability regime are tackled. (N.C.)

Religious Values and Conflict of Laws

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Sara Tonolo

2016-02-01

Abstract: The wide evolution of private international law is currently recalling attention to the general aspects of the discipline. Europeanization and globalisation of sources of private international law do not preclude the chance that conflict of laws should also deal with individual identities. To the extent that the European systems have hitherto offered to the application of foreign laws, we are faced with the problem of survival in Europe of an idea of the personality of laws. In fact it’s generally accepted that conflict of laws faces the individual identities of people involved in international relations. Cultural identity may be considered collective and individual at the same time, because each member of the group has an identity of its own. Religious values ontribute to defining the cultural identity of individuals: be it in Europe or other countries, cultures, values, civilization, religion, are never absent from the solutions of personal status. Stepping back from the analysis of some cases where religious values are relevant, this Article aims at a theoretical analysis of the subject, involving the contrast between value pluralism, conflict of laws and fundamental rights.

The Fusion of International and Domestic Law in a Globalised World

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Karolina Aksamitowska

2017-08-01

Full Text Available Keywords: death penalty; capital cases; discrimination litigation; standard of proof; fair trial and equality protection; postconflict justice and transition; Islamic law; Shari’a; international humanitarian law; international human rights law; extremism, political violence, Islamism; freedom of expression; terrorism, extremism, counter-terrorism, counter-extremism; Article 19 International Covenant on Civil and Political Rights; Abuse of rights; Directive 2004/38; Court of Justice of the European Union; Marshall Islands Cases; ICJ; Electronic waste; sustainable development; WTO, GATT, TBT Agreement

Association of rule of law and health outcomes: an ecological study

Science.gov (United States)

Pinzon-Rondon, Angela Maria; Attaran, Amir; Botero, Juan Carlos; Ruiz-Sternberg, Angela Maria

2015-01-01

Objectives To explore whether the rule of law is a foundational determinant of health that underlies other socioeconomic, political and cultural factors that have been associated with health outcomes. Setting Global project. Participants Data set of 96 countries, comprising 91% of the global population. Primary and secondary outcome measures The following health indicators, infant mortality rate, maternal mortality rate, life expectancy, and cardiovascular disease and diabetes mortality rate, were included to explore their association with the rule of law. We used a novel Rule of Law Index, gathered from survey sources, in a cross-sectional and ecological design. The Index is based on eight subindices: (1) Constraints on Government Powers; (2) Absence of Corruption; (3) Order and Security; (4) Fundamental Rights; (5) Open Government; (6) Regulatory Enforcement, (7) Civil Justice; and (8) Criminal Justice. Results The rule of law showed an independent association with infant mortality rate, maternal mortality rate, life expectancy, and cardiovascular disease and diabetes mortality rate, after adjusting for the countries’ level of per capita income, their expenditures in health, their level of political and civil freedom, their Gini measure of inequality and women's status (pconstitute a structural barrier to health improvement. PMID:26515684

Image Right and Copyright Law in Europe: Divergences and Convergences

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Tatiana Synodinou

2014-04-01

Full Text Available This paper analyses the multiplicity of image rights in Europe and the classical conflictual relationship between the right to one’s own image and copyright law. First, the paper analyses the main mechanisms of legal protection of a person’s image in selected jurisdictions, in both the civil law and the common law tradition. It is deduced that the civil law approach based on the right of privacy or the right of personality is expressed mainly either via a duality, reflecting the extra-patrimonial and the patrimonial attributes to one’s own image, or via the recognition of a single right with a dual nature. On the other hand, the protection granted to the right to one’s own image in the United Kingdom is piecemeal in nature, since it is based on a broad interpretation of the classic torts of breach of confidence and passing off, which fails to provide a coherent and effective legal framework for protecting the intangible asset of a person’s image, both in terms of its dignitary and its economic identity. After pinpointing the major differences in terms of protecting the right to one’s own image in Europe, the emphasis is placed on the relationship between image rights and copyright law. A classic approach considers image rights as an external limitation of copyright law, and therefore typifies the relationship between image rights and copyright law as being primarily conflictual in nature. Nonetheless, it is also possible to focus on the convergences between the right to one’s own image and copyright law, since both refer to intangible assets that combine both extra-patrimonial and patrimonial interests. In this respect, copyright law could serve as a model for the eventual creation of a European patrimonial right to one’s own image. While the idea of promoting the recognition or establishment of a new intellectual property right for protecting the economic attributes of a person’s image in EU Member States’ domestic

THE CONTEMPORARY INTERNATIONAL LAW. A RELATION BETWEEN HUMAN RIGHTS AND THE INTERNATIONAL HUMANITARIAN LAW

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JEANNETTE IRIGOIN BARRENE

2018-01-01

Full Text Available During an armed conflict, a change in the application of the human right regulations and international humanitarian law can be observed in the practice of contemporary international law. It is possible to observe at UN and International Courts’ levels an interesting trend in the sense of considering the application of both systems simultaneously in cases of international crisis as well as in internal conflicts. This innovation in contemporary international law can be observed initially in the change experimented by the legislation of the Human Rights’ European Court and specially and clearer in the Human Rights’ Inter American Court, which in cases against Honduras, Colombia, Paraguay and other countries, states that the State, being warrantor of the efficient protection of civil population, must apply and honor not only the Human Rights’ American Convention, but also the articles 13th and 14th of the II protocol of the Geneva Conventions of 1949. The convergence of both branches of the Law, and its application may help to achieve a better defense and efficiency of the fundamental rights of the human being.

'Greater good' versus civil liberties in the United States: Tuberculosis and Seattle's Firland Sanatorium.

Science.gov (United States)

Blackburn, Christine Crudo

2017-11-01

As far back as the late 1700s, peoples in the United States were developing ways to control infectious disease without infringing on Constitutional rights. Despite acknowledgement that an infected person has certain civil liberties, the history of public health law shows that, in many instances, infectious disease isolation and quarantine proved to be scientifically questionable at best. I examine an historical example of such questionable relationship between public health and civil liberties: the locked ward at Firland Sanatorium in Seattle, Washington. Mandatory quarantine at Firland began in the late 1940s and lasted until the facility closed in the early 1970s. Can examining this history enhance understanding of the relationship between "the greater good" and an individual's civil liberties?

LEGAL PROTECTON OF WOMEN CIVIL CERVANTS OF GENDER DISCRIMINATION IN THE ERA OF REGIONAL AUTONOMY IN THE DISTRICT ADMINISTRATION SUMBAWA - WEST NUSA TENGGARA

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Syarif Dahlan

2013-02-01

Full Text Available Aware of gender discrimintaion of women and students of women in different countries, so they protest and movement finally manage to do some conference that have produced Convention On The Elimination Of All Form Of Diskrimination Against Women   (CEDAW. Indonesia has ratified CEDAW with Law No. 7, 1984. But until now gender discrimination still occurs in all facets of life and society. One of them is a fimale civil servant in Sumbawa regency. Discrimination that has accurred not given the opportunity to accupy the fimale civil servant echelon-echelon II and III. In connection with the second echelon echelon II or III on Sumbawa Regency :      1 What are the forms of gender discrimination against fimale civil servants. 2 What factors are causing it, and 3 What is the form of legal protection against civil servants are women from gender discrimination. This study includes empirical legal research aims to determine the effectiveness of the law and the legal vacuum in the administration and management of government, particularly in women civil servants in positions echelon II or III. Dates collected were analyzed with descriptive analytic techniques. These form of discrimination against women in Sumbawa civil servants include marginalization and subordination, the factors that cause it was a mistake in the interpretation and implementation   gender equality, influence the understanding and application of Islamic teachings, political and cultural factors shame, geographical factors tough, close relationship with the ruling factor, factor in the civil servants streotif women and a heavier workload factor for women. Moderate forms of legal protection can be seen from the substance of the law, the legal structure and legal culture.

LEGAL PROTECTON OF WOMEN CIVIL CERVANTS OF GENDER DISCRIMINATION IN THE ERA OF REGIONAL AUTONOMY IN THE DISTRICT ADMINISTRATION SUMBAWA - WEST NUSA TENGGARA

Directory of Open Access Journals (Sweden)

Syarif Dahlan

2013-01-01

Full Text Available Aware of gender discrimintaion of women and students of women in different countries, so they protest and movement finally manage to do some conference that have produced Convention On The Elimination Of All Form Of Diskrimination Against Women   (CEDAW. Indonesia has ratified CEDAW with Law No. 7, 1984. But until now gender discrimination still occurs in all facets of life and society. One of them is a fimale civil servant in Sumbawa regency. Discrimination that has accurred not given the opportunity to accupy the fimale civil servant echelon-echelon II and III. In connection with the second echelon echelon II or III on Sumbawa Regency :      1 What are the forms of gender discrimination against fimale civil servants. 2 What factors are causing it, and 3 What is the form of legal protection against civil servants are women from gender discrimination. This study includes empirical legal research aims to determine the effectiveness of the law and the legal vacuum in the administration and management of government, particularly in women civil servants in positions echelon II or III. Dates collected were analyzed with descriptive analytic techniques. These form of discrimination against women in Sumbawa civil servants include marginalization and subordination, the factors that cause it was a mistake in the interpretation and implementation   gender equality, influence the understanding and application of Islamic teachings, political and cultural factors shame, geographical factors tough, close relationship with the ruling factor, factor in the civil servants streotif women and a heavier workload factor for women. Moderate forms of legal protection can be seen from the substance of the law, the legal structure and legal culture.

The Law on Preventive Radiation Protection. A link between environmental protection and civil defence

International Nuclear Information System (INIS)

Roewer, H.

1988-01-01

The Law on Preventive Radiation Protection defines the legal framework of and the measures to be taken for achieving the purpose of the law, with competences being assigned to a variety of authorities of the Bund or Laender. The bill very quickly passed Parliament and this indeed is a very positive result, as the subject is a delicate one, politically speaking, but the disadvantages of the short law-making period are realized when going through the various provisions. There is a lack of exactness regarding terms and definitions, legal systematics, or assignment of competences. Also, lack of clear demarcation of applicability of the law against other laws in this field is likely to pose problems in practice. The article also presents a survey of tasks and competences assigned to the Bund or the Laender, and the relevant authorities concerned. (orig./HSCH) [de

Basic characteristics of the pollution laws and pollution regulations of the German Democratic Republic

Energy Technology Data Exchange (ETDEWEB)

Lammich, S

1987-02-02

The paper abstracted informs about the basic principles characterizing the pollution laws and pollution regulations of the German Democratic Republic. The author deals with the constitutional principles, the National Culture Law valid since 1970 and conceived as a general pollution law, the planning of pollution abatement, legal aspects of water pollution abatement, air pollution abatement, waste management, noise pollution abatement and radiation protection. Particular emphasis is on the legal sanctions devised to ensure the observance of environmental laws and restrictions which are both part of the administrative, civil and economic laws and of the disciplinary and criminal laws. (HSCH).

Decision of the court as a result of the occurence, change, termination and adjustment of subjective civil liability (theoretical and practical aspects

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В. В. Надьон

2017-12-01

Full Text Available One of the main reasons for the occurence, change, termination and adjustment of subjective civil responsibility is a legal fact. Under the legal fact in theory, the specific circumstances envisaged by the rules of law are understood, with the occurrence, change and termination of legal relations. Often, subjective civil rights and responsibilities arise from obligations (contractual, non-contractual, as well as from a unilateral transaction. However, the Civil Code of Ukraine (hereinafter the Civil Code of Ukraine provided for the possibility of civil rights and responsibilities arising from acts of civil law (Part 3 of Article 11 of the Civil Code of Ukraine, as well as in cases established by acts of civil law, civil rights and responsibilities may arise from a court decision (Part 5 of Article 11 of the Civil Code of Ukraine. Concerning this provision in practical activity there are problematic issues, namely the possibility of generating court decisions of obligations Thus, the purpose of the article is to analyze the occurance, change, termination and adjustment of subjective responsibility by a court decision. Subjective responsibility  arises in a commitment (contractual or non-contractual. In case of non-fulfillment or improper performance of a subjective responsibility by the debtor, the creditor has the right to apply to the court for the protection of his violated right. In this case, the subjective responsibility that arose in a contractual obligation turns into civil liability, and with the decision of the court a new category of subjective responsibility arises, ie the category of responsibility is combined with the category of civil- legal liability. Consequently, a court decision gives rise to a new subjective responsibility, which must be performed voluntarily or by force. Consequently, in the cases of voluntary fulfillment by the obligated person of the main and additional responsibility, the category of responsibility is

Civil Society as one of the decisive factors of the Ukrainians’ consolidation in the Postcolonial period

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I. M. Grabovska

2017-04-01

Full Text Available The actual problem of the modern Ukrainian society has been considered in the article. Civil society’s development is a major factor in the consolidation of the community. The consolidation of the Ukrainian postcolonial community is a crucial condition for its further existence as the state. Hybrid War of Russia against Ukraine is threatening its national integrity. The actuality of the issue is determined also by the tasks of the implementation of the stable democracy in Ukraine. The purpose of the article is to prove that civil society today is the most important factor, which is uniting the Ukrainian society. Today there are several concepts of the civil society. Many historical challenges have led to the creation of the civil society in these lands. For example, the establishment of the Magdeburg Law on ethnic Ukrainian lands united the cities’ public societies. Principles of life organisation by the Magdeburg Law were organic for Ukrainians. This was caused by a number of factors. In particular, it was the Ukrainian mentality. The Russian colonization of Ukraine destroyed the democratic principles of life in these lands, crashed civil solidarity and influenced the mentality of people. The phenomenon of the civil society is complex and multifaceted. Civil society is a space of the initiative of free citizens and NGOs, independent from the state and business. They willingly assume the responsibility for their maintenance of the social life outside the state and business. Civil society plays special role in postcolonial communities of the transition type. The Ukrainian society is such community now. The events of the Revolution of Dignity, and then the war in the eastern Ukraine have shown that the civil activity of the population by itself, the ability to act effectively and integrally created the conditions for preservation of the independent Ukrainian state. The consolidation of the Ukrainians in the most dangerous times of

Tradición, modernidad y sociedad civil en la costa de Yucatán Tradición, modernidad y sociedad civil en la costa de Yucatán

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Citlalli Cantú Gutiérrez

2012-02-01

Full Text Available It describes the organizational processes of civil society on the coast of Yucatan. His players built their associations, came into conflict and collapsed their organizational structures. Weanalyze the causes of the recent past and shaping processes of associative structures of civil society. In the cases presented showed that the erosion of the ancestral forms of organization and influence of the individual patterns represent endogenous and exogenous historical causes that increase the entropy of the organizational processes of local civil society. Wediscuss the peaceful non-profit and organizational behavior defined by law, act limiting the right of rebellion and restoring the power. Yes organized civil society bows to government funding processes, becomes bureaucratized and mimics mechanisms, corruption can occurprocesses that collapses.Se describen procesos de organización de la sociedad civil en la costa de Yucatán, donde sus actores construyeron asociaciones civiles, entraron en conflicto y colapsaron sus estructuras organizativas. Se analizan las causas últimas y recientes de los procesos de conformación de estructuras asociativas de la sociedad civil. En los casos presentados se observó que la erosión de las formas ancestrales de organización y la influencia de los patrones individualistas representan causas históricas endógenas y exógenas que incrementan la entropía de los procesos de organización de la sociedad civil local. Se discute el carácter no lucrativo y pacífico del comportamiento organizacional definido en la ley; acto que limita el derecho a la rebelión y la recuperación del poder. Sí la sociedad civil organizada se pliega a los procesos gubernamentales de financiamiento, se burocratiza e imita mecanismos, pueden presentarse procesos de corrupción que la colapsa.

Civil nuclear and responsibilities related to radioactive wastes. The 'cumbersome' wastes of the civil nuclear; The Parliament and the management of wastes from the civil nuclear; The Swiss legal framework related to the shutting down of nuclear power stations and to the management of radioactive wastes; Economic theory and management of radioactive wastes: to dare the conflict

International Nuclear Information System (INIS)

Rambour, Muriel; Pauvert, Bertrand; Zuber-Roy, Celine; Thireau, Veronique

2015-01-01

This publication presents the contributions to a research seminar organised by the European Centre of research on Risk, Collective Accident and Disasters Law (CERDACC) on the following theme: civil nuclear and responsibilities related to radioactive wastes. Three main thematic issues have been addressed: the French legal framework for waste processing, the comparison with the Swiss case, and the controversy about the exposure of societies to waste-induced risks. The first contribution addressed the cumbersome wastes of the civil nuclear industry: characterization and management solutions, the hypothesis of reversibility of the storage of radioactive wastes. The second one comments the commitment of the French Parliament in the management of wastes of the civil nuclear industry: role of Parliamentary Office of assessment of scientific and technological choices (OPECST) to guide law elaboration, assessment by the Parliament of the management of nuclear wastes (history and evolution of legal arrangements). The next contribution describes the Swiss legal framework for the shutting down of nuclear power stations (decision and decommissioning) and for the management of radioactive wastes (removal, financing). The last contribution discusses the risk related to nuclear waste management for citizen and comments how economists address this issue

Nuclear law and environmental law in the licensing of nuclear installations

International Nuclear Information System (INIS)

Raetzke, Christian

2013-01-01

Large nuclear installations can have a considerable impact on the environment, both in actual terms, due to the construction and operation of the plant and in potential terms, related to the risk of an accident. A considerable part of the multiple authorisation processes required to develop a large nuclear project is devoted to addressing the possible impact on the environment. Accordingly, environmental protection is not only warranted by requirements and processes arising out of what is generally considered 'environmental law', but also by laws governing the design, siting, construction and operation of nuclear installations. By ensuring prevention and control of radiation releases to the environment, the aspects of nuclear law governing the design, construction, operation and decommissioning of nuclear facilities pertain to the field of environmental protection just like other fields of environmental law. The perception of the public that nuclear energy is 'anti-environmental' and the generally antinuclear stance of environmental non-governmental organisations (NGOs) should not deflect attention from the fact that protection of the environment is one of the main functions of the body of nuclear law. In this article, the general relationship between the law governing civil nuclear installations and environmental law will be analysed. The subsequent chapters will deal with environmental requirements and procedures as part of the authorisation process for a nuclear installation. The role of public participation and the involvement of neighbouring states in the licensing process will also be investigated, as they are today mainly based on environmental law. Some other aspects which may also have some relation to environmental protection, such as waste management, emergency planning, multinational early notification and assistance in the case of an accident and nuclear liability, have been omitted from discussion as they lie outside the focus of this article

Theoretical Reflections on the Public-Private Distinction and their Traces in European Union Law

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Constanze Semmelmann

2012-06-01

Full Text Available From its inception, EU law has been organised with (economic integration as its guiding paradigm. A public-private distinction as it is known in many civil law countries has never been a characterising feature of EU law. In the absence of such a divide in EU law, the public and the private sphere interact differently. First, the attempt to strike a balance between the state and the market reflects the struggle for a delineation between public and private power. Second, the evolution of the personal scope of EU internal market law and fundamental rights increasingly involves private parties at both sides. Third, the emergence of European contract law has led to conceptual clashes between the international trade law paradigm and the public-private distinction in the tradition of civil law countries. It will be argued that EU law scholarship and legal practice will have to re-conceptualise the role of the individual and private parties as subjects of the law, bearers of rights and addressees of obligations in order to flesh out what is known as the private law element in many national legal cultures. Desde su creación, la legislación de la Unión Europea (UE se ha organizado en base al paradigma orientador de la integración (económica. La legislación comunitaria nunca se ha caracterizado por una distinción público-privada como la existente en el derecho civil de numerosos países. Ante la ausencia de esta división en la legislación de la UE, la esfera pública y la privada interactúan de forma indiferente. En primer lugar, el intento de lograr un equilibrio entre el Estado y el mercado refleja la lucha por una delimitación entre el poder público y el privado. En segundo lugar, la evolución del alcance privado de la legislación sobre el mercado interno europeo y los derechos fundamentales hace que se impliquen cada vez más poderes privados en ambas partes. En tercer lugar, el surgimiento del derecho contractual europeo ha dado lugar a

FAMILY COUNCIL AND THE TUTELAGE IN THE LIGHT OF THE NEW CIVIL CODE

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Mihai Adrian Damian

2016-11-01

Full Text Available An important area to which the Law No 287/2009 brings significant modifications is represented by the means in which are approached to legal ways for protecting the natural person. By comparing the actual regulation with the one previous to the new Civil Code (Family Code – Law No 4/1953 repealed and Law No 272/2004 on the protection and promotion of the rights of the child – Art 40 Para 1, Art 41-42, repealed we notice that if most of the means for protecting the natural person are still the same – the tutelage, guardianship and the placement under interdiction –, the application of these measures has registered significant changes. The family council stated by the new Civil Code is totally different in its composition, role and situations for which is established, by the institution with the same name stated by the Law No 217/2003 for the prevention and combat of domestic violence, defined as b eing the “association without legal personality and patrimonial purpose, formed by the family members with full capacity of exercise”, for the prevention of the conflictual situations and the mitigation between the family members. From the content of the texts referring to the family council it results that it is a consultative organ (without legal personality, appointed by the family court, with the role of overseeing the means in which the guardian fulfils his rights regarding the minor’s person and assets.

Legitimidade ativa da Defensoria Pública para a propositura de ação civil pública: interpretação a partir dos paradigmas constitucionais / Public Defender's Office active legimitacy for a public civil action's bringing: interpretation from the constitutional paradigms

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Lucélia Sena Alves

2010-12-01

Full Text Available Este estudo tem o propósito de analisarcriteriosamente a legitimidade dada à DefensoriaPública pela Lei n. 11.448/2007 para a propositurade Ação Civil Pública, contextualizando-a nosparadigmas constitucionais. A escolha do temadeu-se pela importância que a Instituição tem naefetivação do acesso à justiça e na garantia doEstado Democrático de Direito. Também foramanalisados os papéis de outras instituições, comoo Ministério Público, na concorrência dessa legitimaçãoativa e sua imprescindibilidade paraa construção de uma ordem jurídica mais justa.A pesquisa valeu-se de análises pertencentes adiversos campos do saber humano, tais comoDireito Constitucional, Direito Processual e SociologiaJurídica / Abstract: The purpose of this study is to minutelyanalyze the legitimacy provided to thePublic Defender´s office by law 11.448/2007,for filing Public Civil Actions, in the light of aconstitutional doctrine. The reason for choosingsuch topic is the importance of this institutionfor a greater access to justice and in theguarantee of The Democratic State of Law.The article also discusses the legal role of otherinstitutions, such as the Public Prosecutor´soffice, to file civil public actions and to builda more just legal system. This article has profitedfrom analyses from other areas of humanknowledge, such as Constitutional Law, Civiland Criminal Procedure Law and Legal Sociology.

Draft Common Frame of Reference. Principles, Definitions and Model Rules of European Private Law

OpenAIRE

AA.VV; IUDICA G.

2009-01-01

European private law in principles, definitions and model rules. The volumes contain the results of the work of the Study Group on a European Civil Code (the “Study Group”) and the Research Group on Existing EC Private Law (the “Acquis Group”). The former Commission on European Contract Law (the “Lando Commission”) provided the basis for much of Books II and III; it was on their Principles of European Contract Law (PECL)1 that the Study Group and the Acquis Group built. The Acquis Group ...

¿Hacia un derecho europeo de la responsabilidad civil? Los proyectos, los métodos, las perspectivas

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Marta Infantino

2014-06-01

Full Text Available En las últimas décadas, construir un derecho europeo común de la responsabilidad civil se ha convertido en el principal objetivo de muchas instituciones europeas y grupos de investigación. Por un lado, las instituciones de la Unión Europea con frecuencia destacan la necesidad de simplificar la actual diversidad existente en el derecho europeo de la responsabilidad civil, y tratan de alcanzar dicho objetivo a través de la introducción –hasta ahora bastante incoherente– de piezas legislativas en el marco jurídico europeo. Por otro lado, muchos grupos de investigación tratan de mejorar el proceso de europeización a través de medios que se diferencian en gran medida, uno del otro. Algunos de estos grupos (p. ej., el European Group on Tort Law y el Study Group on a European Civil Code adoptan un enfoque de arriba hacia abajo, y buscan de esta forma redactar un derecho europeo “soft” de la responsabilidad civil. Otros (p. ej., el proyecto Ius Commune Casebook for a Common Law of Europe y el Common Core of European Private Law siguen un camino de abajo hacia arriba, encargados de desarrollar un mejor conocimiento del derecho de la responsabilidad civil, en beneficio de los usuarios del derecho europeo. No obstante el número y la calidad de dichos empeños, no hay un acuerdo acerca de qué es lo que se debería hacer o quién debería llevarlo a cabo. Es de este debate que parte el presente trabajo, con el objetivo de brindar una visión general de los esfuerzos que actualmente se encuentran en curso, de las diferentes técnicas y metodologías que ellos adoptan, y del posible resultado que probablemente estos producirán en el corto y largo plazo.

¿Hacia un derecho europeo de la responsabilidad civil? Los proyectos, los métodos, las perspectivas

Directory of Open Access Journals (Sweden)

Marta Infantino

2014-07-01

Full Text Available En las últimas décadas, construir un derecho europeo común de la responsabilidad civil se ha convertido en el principal objetivo de muchas instituciones europeas y grupos de investigación. Por un lado, las instituciones de la Unión Europea con frecuencia destacan la necesidad de simplificar la actual diversidad existente en el derecho europeo de la responsabilidad civil, y tratan de alcanzar dicho objetivo a través de la introducción –hasta ahora bastante incoherente– de piezas legislativas en el marco jurídico europeo. Por otro lado, muchos grupos de investigación tratan de mejorar el proceso de europeización a través de medios que se diferencian en gran medida, uno del otro. Algunos de estos grupos (p. ej., el European Group on Tort Law y el Study Group on a European Civil Code adoptan un enfoque de arriba hacia abajo, y buscan de esta forma redactar un derecho europeo “soft” de la responsabilidad civil. Otros (p. ej., el proyecto Ius Commune Casebook for a Common Law of Europe y el Common Core of European Private Law siguen un camino de abajo hacia arriba, encargados de desarrollar un mejor conocimiento del derecho de la responsabilidad civil, en beneficio de los usuarios del derecho europeo. No obstante el número y la calidad de dichos empeños, no hay un acuerdo acerca de qué es lo que se debería hacer o quién debería llevarlo a cabo. Es de este debate que parte el presente trabajo, con el objetivo de brindar una visión general de los esfuerzos que actualmente se encuentran en curso, de las diferentes técnicas y metodologías que ellos adoptan, y del posible resultado que probablemente estos producirán en el corto y largo plazo.

Le pouvoir 'civil' chez Machiavel, entre Tite-Live et le droit roman

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Romain Descendre

2016-06-01

Full Text Available Rather than for quotations proper, Machiavelli opts for rewritings which frequently obscure his sources. This practice has often made them unrecognisable, especially in the case of materials which cannot be related to traditional interpretations of his thought. This is the case of Roman Law, the legal field from which the Machiavellian use of such an important adjective as civile originates. This article aims to stress the juridical component of the different forms of civilpower in Machiavelli’s work, which frequently transcend the polarity republic-principality and concern the entire problem of the relationship between power and law.

The influence of canon law on ius commune in its formative period

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Mehmeti Sami

2015-12-01

Full Text Available In the Medieval period, Roman law and canon law formed ius commune or the common European law. The similarity between Roman and canon law was that they used the same methods and the difference was that they relied on different authoritative texts. In their works canonists and civilists combined the ancient Greek achievements in philosophy with the Roman achievements in the field of law. Canonists were the first who carried out research on the distinctions between various legal sources and systematized them according to a hierarchical order. The Medieval civilists sought solutions in canon law for a large number of problems that Justinian’s Codification did not hinge on or did it only superficially. Solutions offered by canon law were accepted not only in the civil law of Continental Europe, but also in the English law.

Domestic Violence and Family Law: Criminological Concerns

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Molly Dragiewicz

2014-04-01

Full Text Available The battered women’s movement in the United States contributed to a sweeping change in the recognition of men’s violence against female intimate partners. Naming the problem and arguing in favor if its identification as a serious problem meriting a collective response were key aspects of this effort. Criminal and civil laws have been written and revised in an effort to answer calls to take such violence seriously. Scholars have devoted significant attention to the consequences of this reframing of violence, especially around the unintended outcomes of the incorporation of domestic violence into criminal justice regimes. Family law, however, has remained largely unexamined by criminologists. This paper calls for criminological attention to family law responses to domestic violence and provides directions for future research.

Adolescents' and young adults' conceptions of civil liberties: freedom of speech and religion.

Science.gov (United States)

Helwig, C C

1995-02-01

This study examined adolescents' and young adults' conceptions of freedom of speech and religion (civil liberties). 48 adolescents and young adults in 3 grade levels (mean ages 12-8, 16-10, and 19-6) were administered a structured interview containing assessments of civil liberties in general, in straightforward (unconflicted) applications, and in conflict with other social and moral concerns, including law, physical and psychological harm, and equality of opportunity. Freedom of speech and religion were conceptualized as universal rights and applied to social events in unconflicted contexts at all ages. A diverse array of rationales, differentiated according to type of freedom, were used at all ages to ground conceptions of universal freedoms. Judgments of civil liberties in conflicts exhibited several sources of variation, including developmental differences, situational or contextual variation determined by the particular types of issues in conflict, and individual differences. Results are consistent with the proposition that judgments of civil liberties reflect age-related patterns of coordination of delimited social and moral concepts rather than general orientations.

28 CFR 0.51 - Leadership and coordination of nondiscrimination laws.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Leadership and coordination of... DEPARTMENT OF JUSTICE Civil Rights Division § 0.51 Leadership and coordination of nondiscrimination laws. (a... Order 12250 (“Leadership and Coordination of Nondiscrimination Laws”). This delegation does not include...

Serbian translation of French Code of Civil Procedure from 1837: Part two: Legal terminology of the translation

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Stanković Uroš N.

2015-01-01

Full Text Available The article deals with legal terms appearing in Serbian translation of French Code of Civil Procedure (Code de procédure civile, 1806 authored by Serbian writer and politician Lazar Zuban (1795-1850. The author made an attempt to determine whether the terms used by Zuban had existed in historical sources previous to the translator's work. If so, it would mean that Zuban was using already existing technical terms. In cases in which he failed to find certain legal term in texts older than Zuban's work, the author tried to establish if the unfound term had been the translator's invention. As to the terms of civil law, Zuban mostly took over words already present in Serbian vocabulary at the time. This fact is easily explainable: family, property, contracts, torts, inheritage are very present in people's everyday life, which brought about terminology of civil law to be relatively developed. On the contrary, terms belonging to the civil procedure were scarce because judiciary and court procedure in the time of Zuban's work were still being on rudimentary level. That is the reason why the translator had to forge his own legal terms. Zuban did not translate German legal terms (the translator used German translation of a Code as protograph mechanically; he was making effort to fathom the meaning of a word in question and find its adequate Serbian equivalent. In some cases that effort was fruitful. Nevertheless, in a long term Zuban's labor was in vain, as none of his forged words survived in Serbian legal terminology.

Art and Civil Action : Cultural Organizations in the European Civil Domain

NARCIS (Netherlands)

Gielen, Pascal; Lijster, Thijs

2017-01-01

In this article, the place of new cultural organizationsin the civil domain is analysed. The authors describe a theoretical model that they call the ‘civil chain’, describing the different phases in which civil organizations develop themselves. The civil chain delivers analytic insights into the

[Significance of mobbing in Italian law].

Science.gov (United States)

Bollani, A

2008-01-01

The author analyzes the juridical profile that the phenomenon of mobbing assumes within the Italian legal system, emphasizing that the English term of current usage does not designate any specific legal entity as such but simply refers, in summary fashion, to deeds and behaviours that need to be qualified according to the law in vigour. The normative frame of reference for mobbing is found in article 2087 of the Civil code, which states, as an open, teleologically oriented norm, the employer's obligation to safeguard the moral person of the employee; hence the onus is on the interpreter, essentially, to evaluate if there has been, in actual fact, a contravention of this safeguarded legal right. The author then discusses profiles that intersect with mobbing (or behaviours perceived as such) drawing on other cases regulated by the law such as the safeguarding of professionality (art. 2103 of the Civil code), and underlines that often mobbing ends by being construed as a mere accompaniment to, if not duplication of, other typical cases. Finally, the author discusses aspects of the judicial process related to the allegation and proof of the facts constituting the offence, and to the damage, in its various non patrimonial components.

Comparison of Brokerage and Commission in Iranian Commercial Law

OpenAIRE

Manochehr Ghadami; Ali Radan Jebelli

2017-01-01

Terms such as commission and brokerage are similar in the concept of agency and in some cases they are different. In the legal system of Iran, commission section is derived from French law and it drives out the commission from the realm of agency and justifies it as an entity equal to the contract of the mandate. On the other hand, the brokerage has not been discussed in Iran’s jurisprudential sources and civil law as a legal body establishment; therefore, we can take it as new found phenomen...

Eliminating mental disability as a legal criterion in deprivation of liberty cases: The impact of the Convention on the Rights of Persons With Disabilities on the insanity defense, civil commitment, and competency law.

Science.gov (United States)

Slobogin, Christopher

2015-01-01

A number of laws that are associated with deprivations of liberty, including the insanity defense, civil commitment, guardianship of the person and numerous competency doctrines in the criminal context, require proof of mental disability as a predicate. The Convention on the Rights of Persons With Disabilities commands signatory states to eliminate that predicate. Summarizing principles set out in my book Minding Justice: Laws That Deprive People With Mental Disability of Life and Liberty, I explain how this seemingly radical stance can be implemented. Specifically, this article proposes adoption of an "integrationist defense" in the criminal context, an "undeterrability requirement" when the state seeks preventive detention outside of the criminal process, and a "basic rationality and self-regard test" for incompetency determinations. None of these proposals requires proof of a mental disorder as a predicate condition. Copyright © 2015 Elsevier Ltd. All rights reserved.

Defense against terroristic hazards and risk by building planning law; Abwehr terroristischer Gefahren und Risiken durch Bauplanungsrecht

Energy Technology Data Exchange (ETDEWEB)

Hopkins, Richard

2012-07-01

The book on defense against terroristic hazards and risk by building planning law includes the following issues: Introduction: civil engineering and safety. Risk, hazards and urban planning: historical and actual examples for the constructional danger prevention, terroristic threat and urban planning. Risk, hazards and terrorism: sociology and risk, law and risk, terrorism - risk or hazard? Answer to uncertainty - risk prevention, catastrophe law as link. Risk, hazard, terrorism and the public building and regional planning law: regional planning law as point of origin, building law and terrorism, possibility of control by the legal building regulations.

Lineage of global civil engineering. Global civil engineering no keifu

Energy Technology Data Exchange (ETDEWEB)

Hashimoto, M

1994-04-15

This paper considers which way the global civil engineering should go in the future. Civil engineering has now a paradigm with a new dimension debuted as the global environmental problems are taken up specifically. Achieving the target of civil engineering requires a critical review that how the cost effect and efficiency discussions in only the dimensions of the conventional technologies and economies can be incorporated into the dimensions and measures of new fields to create the new horizons. Conceiving the relationship between civil engineered structures and environmental climate encounters the indispensable judgment criterion on how such social scientific conditions as weather, culture, religion, economy, and politics are combined to reach a judgment. The global civil engineering is desired to have the ideas and directional role to work on the ultimate assignment of environment and development called a global environmental problem analytically, comprehensively, innovatively and creatively as the civil engineering science, rather than as a mere existence of one area of the advanced civil engineering science. 5 refs., 1 tab.

The Covenant on civil and political rights

Directory of Open Access Journals (Sweden)

Aulona HAXHIRAJ

2013-12-01

Full Text Available The civil and political rights as protected under the Covenant from the core of human rights protection on the international plane. This paper seeks to demonstrate how this goal may be archieved. The genesis of the Covenant will be discussed in the context of the evolution of human rights law. Starting from the normative framework and its development after the adoption of the Universal Declaration of Human Rights the scope of the Covenant rights as well as the duties of the State parties will be discussed. The monitoring role of th Human Rights Committee as major element in the implementation process will be closely examined. The paper will be focused on the status of the State parties and the Status of the Covenant in domestic law. Also will specifically focus on the State reporting system and the individual complaint procedure be carefully selected case studies. In conclusion, will be discussed the legal consequences of violations of rights protected by the Covenant.

The Correlation Of Islamic Civilization In Sciences With Western World ( Eastern Impact Through Sciences On Western World

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Mohamed Mohamed Tolba Said

2018-01-01

Full Text Available The nature of scientific verification of knowledge distinguishes it from mystical knowledge in empirical sciences. Islam is a religion and a civilization, historically connecting various stages of human history for more than fourteen centuries. The Islamic ethics and law “Sharia’h” are coherent legal system to protect private property within a comprehensive and rational system. Capitalism and the industrial revolution of western world dramatically transformed resulting in a socio-economic schism consequently emerged as a domineer for existence and affected the Islamic world. The secular and rationalized legal framework needed capitalism, which is incompatible with the nature of Islamic law. The western science in this civilization is also separated from morality and noble values because it has adopted materialistic philosophies and ideologies, such as Pragmatism, Darwinism, Existentialism and any other philosophy that is against the Islamic religion.

On the nature of advocacy as an institution of civil society

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Rauf O. Mamedov

2016-01-01

Full Text Available Objective to determine the nature of advocacy in terms of the interests of society and the state. Methods dialectical approach to cognition of social phenomena allowing to analyze them in the context of the totality of objective and subjective factors determined the use of research methods such as systematic comparativelegal and formallogical. Results it is shown that taking into account the implementation of public interests advocacy promotes the administration of justice within the frameworks of the legal assistance guaranteed by the Constitution of the Russian Federation. However the public interest embodied in the human rights nature of the legal profession and ensuring the adversarial nature of the judicial process does not allow to consider advocacy solely the civil society institution. The conclusion is made about the narrowness of interpretation of the advocacy status as the institution of civil society in the Federal Law No 63FZ quotOn advocacy activity and advocacy in Russian Federationquot of 31.05.2002. The concept of advocacy is proposed not so much as an institution of civil society but as an important public institution participating in implementation of public interests thus promoting the administration of justice and thereby participating in the formation of the system of checks and balances in relations between the state and the civil society in Russia. Scientific novelty in the Russian scientific literature the study of advocacy as an institution of civil society is not addressed adequately. Innbspthis article the author attempts to comprehend the possibility of considering the advocacy to be a civil society institution in the light of implementation of public interests. Practical significance the main provisions and conclusions of the article can be used in scientific and pedagogical activity in studying of institutions of civil society in Russia in general and advocacy in particular. nbsp

Controversy over Issue Preclusion in Russia’s Criminal Procedure: Can Common Law Offer a Solution?

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Yury Rovnov

2015-01-01

Full Text Available Even though Russia’s new Code of Criminal Procedure of 2001 had from the very beginning contained the article titled ‘Preclusive Effects,’ it was not until a decision by the Constitutional Court of 2008 that the doctrine of issue preclusion was, in its proper sense, reinstated in Russian criminal law, barring facts definitively established in a civil trial from relitigation in criminal proceedings. Despite heavy criticism that came down on the Constitutional Court for what was seen by law enforcement agents as unwarranted judicial activism, the Russian Parliament soon amended the article in line with the interpretation offered by the Court. This, however, did not end the controversy as critics raised a valid point: an automatic transfer of facts from civil proceedings with a priori more lenient requirements of proof is likely to distort outcomes, harming defendants, the prosecution, and, ultimately, societal interests. This article will turn for apotential solution to common law, which has been able to avoid this problem by clearly distinguishing between different standards of proof applicable in civil v. criminal litigations. It will be shown, using the United States as an example, how courts can effectively use issue preclusion to pursue a number of legitimate objectives, such as consistency of judgments and judicial economy, with due account for the interests of parties in proceedings. At the same time, issue preclusion appears an inappropriate and ineffective means to combat arbitrariness of the judiciary – the end which Russia’s Constitutional Court and law makers arguably had in mind when introducing the doctrine into Russian law.

Stasis and Bellum Civile

DEFF Research Database (Denmark)

Lange, Carsten Hjort

2017-01-01

David Armitage’s new monograph Civil Wars: A History in Ideas (2017) will undoubtedly long remain a standard reference work. It presents readers with a vision of civil war as part of the longue durée. The argument might be further strengthened, however, if a more inclusive Greco-Roman approach...... to ancient civil war is accepted. This essay focuses on stasis vs. bellum civile, the origins of the concept of civil war, the approach of later Roman writers (such as Appian and Cassius Dio) to the concepts of stasis and bellum civile, and, finally, the question of what makes a civil war a civil war....... Whatever concepts were used, the Romans were not the first to experience internal war as a civil war—that is, a war between the citizens of a polity....

Nuclear Law Bulletin No. 94, Volume 2014/2

International Nuclear Information System (INIS)

2014-01-01

The Nuclear Law Bulletin is a unique international publication for both professionals and academics in the field of nuclear law. It provides subscribers with authoritative and comprehensive information on nuclear law developments. Published free online twice a year in both English and French, it features topical articles written by renowned legal experts, covers legislative developments worldwide and reports on relevant case law, bilateral and international agreements as well as regulatory activities of international organisations. Feature articles in this issue include 'Facilitating the entry into force and implementation of the Amendment to the Convention on the Physical Protection of Nuclear Material: Observations, challenges and benefits'; 'The legal status of nuclear power in Germany'; 'Challenges facing the insurance industry since the modernisation of the international nuclear third party liability regime'; 'Draft Federal Act of the Russian Federation, 'The Civil Liability for Nuclear Damage and its Financial Security''. (authors)

Law School Faculty Hiring under Title VII: How a Judge Might Decide a Disparate Impact Case.

Science.gov (United States)

Redlich, Norman

1991-01-01

A judicial opinion concerning law school violations of Title VII of the Civil Rights Act of 1964 in faculty hiring is presented. The case concerns a black candidate rejected for an entry-level tenure-track position. Issues cited include the law school's mission and stated reasons for not hiring the candidate. (MSE)

Protecting the human right to freedom of expression in international law.

Science.gov (United States)

Howie, Emily

2018-02-01

Since its inclusion in Article 19 of the Universal Declaration of Human Rights, the right to freedom of opinion and expression has been protected in all of the relevant international human rights treaties. In international law, freedom to express opinions and ideas is considered essential at both an individual level, insofar as it contributes to the full development of a person, and being a foundation stone of democratic society. Free speech is a necessary precondition to the enjoyment of other rights, such as the right to vote, free assembly and freedom of association, and is essential to ensure press freedom. However, there is a clear and worrying global trend, including in western democracies, of governments limiting vibrant discussion and debate within civil society and among civil society, political leaders and government. Two examples illustrate this trend. First, anti-protest laws in Australia and the United States threaten the ability of people to stand together and express views on issues they care deeply about. Secondly, metadata retention laws jeopardise press freedom by undermining the confidentiality of journalists' sources and dissuading people from speaking freely on matters of public importance.

Extension of the protection of the individual against environmental encroachments - a task for private and public law

International Nuclear Information System (INIS)

Ronellenfitsch, M.; Wolf, R.

1986-01-01

In the opinion of the author an substantial extension of the protection of the individual against environmental encroachments is not necessary. In many fields of law, for instance in the atomic law or the law for the protection against nuisance, the protection of the individual can be improved by minor corrections. In civil law the same improvement can be gained by an interpretation of existing provisions taking into account the requirements of environmental protection. (WG) [de

EUTHANASIA STIPULATED BY ROMANIAN CRIMINAL LAW, MITIGATING CIRCUMSTANCES VS. OFFENCE

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MONICA POCORA

2012-05-01

Full Text Available This paper aims to be a scientific approach to the issue of euthanasia, bringing into the debate current and future controversies raised by euthanasia, as a result of the introduction into the Romanian penal law of the criminal offence of homicide by request of the victim. The study represents an approach to moral, religious, constitutional, civil, criminal procedure debates and last but not least to criminal debates regarding the legalization of the euthanasia, as the most difficult task lies with the criminal law.

An Embarrassment of Riches or a Profusion of Confusion? An Evaluation of the Continued Existence of the Civil Union Act of 2006 in the Light of Prospective Domestic Partnerships Legislation in South Africa

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B Smith

2010-08-01

Full Text Available As it stands, South African family law currently holds that the Marriage Act 25 of 1961 applies exclusively to the solemnisation of heterosexual civil marriages while same-sex couples have no choice but to formalise their relationships in terms of the Civil Union Act 17 of 2006. In addition, the legal position is complicated by the fact that the latter Act not only allows both heterosexual and homosexual couples to conclude a civil union, but also provides that a civil union may take the form of either a marriage or a civil partnership, both of which enjoy the same legal recognition as, and give rise to the same legal consequences, as a civil marriage under the Marriage Act.In January 2008, a draft Domestic Partnerships Bill saw the light of day, the potential enactment of which casts significant doubt as to whether the prevailing framework should be retained. With this potential development in mind, this paper considers the desirability of maintaining the "separate but equal" status quo by: (a comparing the South African Law Reform Commission's pre-Civil Union Act proposals with the approach eventually adopted by the legislature; (b comparing and contrasting the post-Civil Union Act position in South Africa with that of an established and well-ordered jurisdiction such as the Netherlands and, in the light hereof, considering the cases for and against repealing the Civil Union Act; and (c by considering the desirability and practicality of the civil partnership's potential co-existence with the Domestic Partnerships Bill (as modified in accordance with a recent study. A proposal is made that could provide a less complex and better streamlined family law dispensation in South Africa.

78 FR 26227 - Law Day, U.S.A., 2013

Science.gov (United States)

2013-05-03

... are created equal; that they are endowed by their Creator with certain unalienable rights; that among... founding creed. We honor the courageous men and women who fought to bring those ageless ideals of freedom and fairness into the rule of law--from the Civil Rights Act and the Voting Rights Act to Title IX and...

Risks and risk assessment according to the law of the Federal Republic of Germany

International Nuclear Information System (INIS)

Lukes, R.

1980-01-01

In civil and criminal law, danger is defined as the imminent possibility of an infringement of rights protected by the law. In the general law governing the security forces and public order, too, the concept of danger has been clearly defined, and, therefore the author discusses the guiding criteria for the definition of danger concepts for police regulations and the law governing supervision. In the legal fields of governmental supervision, the legislature - for reasons of preventing danger and for the protection of the public - has introduced public licensing, notification duties, information or other supervisory measures. By means of the industrial law, the law on emission control and the atomic energy law, criteria for the definition danger and danger assessment are described. (HSCH) [de

The Crime-Conflict Nexus and the Civil War in Syria

OpenAIRE

Christina Steenkamp

2017-01-01

There is a strong relationship between organised crime and civil war. This article contributes to the crime-conflict nexus literature by providing a consideration of the role of organised crime in the Syrian conflict. It provides an overview of pre- and post-war organised crime in Syria. The article then builds the argument that war provides opportunities for organised crime through the state’s diminished law enforcement ability; the economic hardship which civilians face during war; and the ...

Process of depoliticization of civil servants in the Republic of Macedonia

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Xhemazie Ibraimi

2015-03-01

Full Text Available In administrative theory and practice, there is a dilemma whether public administrators should be chosen based on political criteria, based on professional values confirmed by the job performances or based by the combination of these two principles. The Republic of Macedonia as a country aiming the Integration in the EU, and fulfilling the criteria’s of Copenhagen, should aim at building up a qualitative civil administration comprised of public servants who perform their duties in order to realize the citizen’s rights and interests, regardless their political orientation, politically amorphous, and serving as a good enforcer of law and order. In this sense, main objective of this paper is to analyze the process of Depoliticization of civil servants in Macedonia as one of the main criteria’s toward EU.

International filiation in the new Civil and Commercial Code of Argentina

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Luciana BEATRIZ SCOTTI

2015-07-01

Full Text Available The Argentine Private International Law omitted from yesteryear, legislate on international filiation, both in relation to jurisdiction and applicable law in matters of contesting paternity, establishment and recognition of parentage as regards the extraterritorial recognition of parental filiation. Indeed, given the particularities of this issue, the responses from our discipline were delayed. The Argentina did not have regulation of internal source, and conventional rules are scarce and inadequate for today.In comparative law and in a wide sector of the national and foreign doctrine, the tendency is to adopt a connecting element focused on the child: his domicile or habitual residence, with some nuances of different interpretation and potential accumulation of laws. Also on jurisdiction, we note a clear orientation towards the opening of forums available.In the present work, we try to provide some guidelines for coding this sensitive issue, which involves primarily the human rights of children, with special consideration the provisions of the recently adopted Civil and Commercial Code of Argentina, and the current context in which the techniques of assisted human reproduction claim a starring role, with serious and concrete effects on Private International Law.

CIVIL LIABILITY IN ENVIRONMENTAL LAW

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Andreea Marica

2008-09-01

é un dommage ou un préjudice. Le droit à un environnement écologique, sain et équilibré, est reconnu et garanti par la législation nationale, ainsi que par celle internationale.L’article 35 de la Constitution de la Roumanie, tel qu’il a été modifié par la Loi no. 429/2003, affirme, entre autres droits fondamentaux, le droit à un environnement sain, qui est une partie d’une troisième génération de droits, appelés droits de solidarité, qui peuvent être respectés non seulement par des efforts internes de l’Etat, mais aussi par la coopération entre l’Etat et les citoyens. Par la conclusion d’un accord d’association entre la Roumanie et l’Union Européenne, entré en vigueur en 1995, la Roumanie a assumé l’acquis communautaire de l’environnement, avec ses trois droits fondamentaux (le droit d’être informé au sujet de l’environnement, le droit de participer au processus de prise de décision concernant l’environnement et le droit de solliciter la réparation des dommages écologiques, ou l’annulation d’actes administratifs illégaux a joué un rôle important dans ce processus.Mots-clé: biodiversité, la protection de l’environnement, pollution, la réparation des dommages écologiques, responsabilité civile

Post Civil War African American History: Brief Periods of Triumph, and Then Despair.

Science.gov (United States)

Graff, Gilda

2016-01-01

During Reconstruction, which is often called the most progressive period in American history, African Americans made great strides. By 1868 African American men constituted a majority of registered voters in South Carolina and Mississippi, and by 1870 eighty-five percent of Mississippi's black jurors could read and write. However, Reconstruction was followed by approximately one hundred years of Jim Crow laws, lynching, disenfranchisement, sharecropping, unequal educational resources, terrorism, racial caricatures, and convict leasing. The Civil Rights Revolution finally ended that period of despair, but the era of mass incarceration can be understood as a reaction to the Civil Rights Movement. This article attempts to understand the persistence of racism in the United States from slavery's end until the present.

Powerful subjects of tax law enforcement

Directory of Open Access Journals (Sweden)

Igor Dementyev

2017-01-01

Full Text Available УДК 342.6The subject. Competence of government bodies and their officials in the sphere of application of the tax law is considered in the article.The purpose of research is to determine the ratio of tax enforcement and application of the tax law, as well as the relationship between the concepts “party of tax enforcement” and “participant of tax legal relations”.Main results and scope of their application. The circle of participants of tax legal relations is broader than the circle of parties of tax law enforcement. The participants of tax legal relations are simultaneously the subjects of tax law, because they realize their tax status when enter into the tax relationships. The tax and customs authorities are the undoubted parties of the tax law enforcement.Although the financial authorities at all levels of government are not mentioned by article 9 of the Tax Code of the Russian Federation as participants of tax relations, they are parties of tax enforcement, because they make the agreement for deferment or installment payment of regional and local taxes.Scope of application. Clarification of participants of tax legal relations and determination of their mutual responsibility is essential to effective law enforcement.Conclusion. It was concluded that the scope tax law enforcement is tax proceedings, not administrative proceedings, civil (arbitration proceedings or enforcement proceedings.The application of the tax law is carried out not only in the form of tax relations, but also in relations of other branches of law.

Association of rule of law and health outcomes: an ecological study.

Science.gov (United States)

Pinzon-Rondon, Angela Maria; Attaran, Amir; Botero, Juan Carlos; Ruiz-Sternberg, Angela Maria

2015-10-29

To explore whether the rule of law is a foundational determinant of health that underlies other socioeconomic, political and cultural factors that have been associated with health outcomes. Global project. Data set of 96 countries, comprising 91% of the global population. The following health indicators, infant mortality rate, maternal mortality rate, life expectancy, and cardiovascular disease and diabetes mortality rate, were included to explore their association with the rule of law. We used a novel Rule of Law Index, gathered from survey sources, in a cross-sectional and ecological design. The Index is based on eight subindices: (1) Constraints on Government Powers; (2) Absence of Corruption; (3) Order and Security; (4) Fundamental Rights; (5) Open Government; (6) Regulatory Enforcement, (7) Civil Justice; and (8) Criminal Justice. The rule of law showed an independent association with infant mortality rate, maternal mortality rate, life expectancy, and cardiovascular disease and diabetes mortality rate, after adjusting for the countries' level of per capita income, their expenditures in health, their level of political and civil freedom, their Gini measure of inequality and women's status (plaw remained significant in all the multivariate models, and the following adjustment for potential confounders remained robust for at least one or more of the health outcomes across all eight subindices of the rule of law. Findings show that the higher the country's level of adherence to the rule of law, the better the health of the population. It is necessary to start considering the country's adherence to the rule of law as a foundational determinant of health. Health advocates should consider the improvement of rule of law as a tool to improve population health. Conversely, lack of progress in rule of law may constitute a structural barrier to health improvement. Published by the BMJ Publishing Group Limited. For permission to use (where not already granted under a

[Adapting the law to offer better protection to female victims of violence].

Science.gov (United States)

Durand, Édouard

2014-11-01

As society has become more aware of the seriousness and the extent of domestic violence, the law has been adapted in order to offer female victims better protection. These legislative changes are recent and still meet with some resistance. The act of the 9th of July 2010 modified penal and civil laws to take better account of the specificities of the mechanisms of domestic abuse and create appropriate tools. The law about real equality between women and men, approved by the National Assembly on the 23rd of July 2014, is in line with this same objective.

Towards a class action under Rwandan law | Kayitana | Nnamdi ...

African Journals Online (AJOL)

Among the recipients of the right to access to justice are groups of individuals who have been injured by the same defendant through a similar and single action. The current approach to 'standing' under Rwandan law of civil procedure makes it impossible for some or many of the members of such group to access the courts ...

Protection of third parties. The protection of third parties affected by building or plant construction permits under the public construction law, the emission control law, or the atomic energy law

International Nuclear Information System (INIS)

Koenig, S.

1993-01-01

Building construction permits just like plant construction permits under the Federal Emission Control Act or the Atomic Energy Act are typical cases representing the administrative order with a dual effect, or an effect on third parties: decisions supporting the interests of the project owner always affect third parties. Third party protection therefore is a major topic of public construction law or the environmental protection law to be applied to industrial installations. Although actions brought by third parties have become something ordinary for the administrative courts, substantive third party protection continues to pose specific problems. The book in hand develops and explains a way out of the dilemma created by third party protection. The solutions presented are founded on a sound dogmatic basis and take into account the Federal Constitutional Court's rulings in matters of civil rights. The starting point adopted by the authors is the third party rights warranting protection, with the objective protection provided for by the law in general gaining effect as subjective rights as far as the protection is based on the civil rights of the constitution. The scope of protection affordable depends on the individual case and the reconciliation of terests of all parties concerned. The problem solutions set forth very extensively rely on the jurisdiction in matters of third party protection and on approaches published in the relevant literature, so that the book also may serve as a guide to current practice and a helpful source of reference for readers looking for information about the issue of third party protection. (orig./HP) [de

Forensic psychiatric evaluations: an overview of methods, ethical issues, and criminal and civil assessments.

Science.gov (United States)

Sher, Leo

2015-05-01

Forensic psychiatry is frequently defined as the branch of psychiatry that deals with issues arising in the interface between psychiatry and the law. Psychiatrists are called on by the legal system to provide testimony in a wide variety of cases, criminal and civil. In criminal cases, forensic psychiatrists may be asked to comment on the competence of a person to make decisions throughout all the phases of criminal investigation, trial, and punishment. These include the competence to stand trial, to plead guilty, to be sentenced, to waive appeal, and to be executed. In civil cases, forensic psychiatric experts are asked to evaluate a number of civil competences, including competence to make a will or contract or to make decisions about one's person and property. Psychiatrists are also called on to testify about many other issues related to civil cases. Forensic psychiatrists who work with children and adolescents are frequently involved in evaluations and testimonies concerning juvenile delinquency, child custody, termination of parental rights, and other issues. As such, forensic psychiatric experts have now developed into a reputable and well-known group of professionals. Forensic evaluation methods, ethical issues related to forensic psychiatric practice, and some common criminal and civil forensic psychiatric evaluations are discussed in this overview.

The Tale of Two Civil Societies: Comparing disability rights movements in Nicaragua and Uruguay

Directory of Open Access Journals (Sweden)

Stephen Meyers

2014-12-01

Full Text Available The UNCRPD is unique amongst international rights instruments because it empowers civil society organizations to represent the rights-bearers themselves—persons with disabilities. As such, DPOs in the Global South have become a major concern for UN agencies and international NGOs who believe that grassroots disability associations need political advocacy training in order to take up their role as rights advocates. These expectations contain implicit assumptions regarding civil society-state relations and the existence of governmental capacity. The authors, however, hypothesize that not all civil societies will fit the rights advocacy model due to the political culture and public resources available within their respective, local communities. Disability movements in Nicaragua and Uruguay are compared and contrasted. In Nicaragua, a disability rights coalition dismisses many international expectations in favor for continuing to follow traditional civil society expectations to provide services. In Uruguay, a long history of high levels of social spending and disability organizing enabled DPOs to successfully advocate for progressive laws. The deaf community, however, decided to implement their own, separate advocacy strategies to ensure a fairer distribution of public resources. The authors conclude that rather than top-down civil society training, the international movement should allow local organizations set their own priorities.

We do not recognise anything 'private': public interest and private law under the socialist legal tradition and beyond

NARCIS (Netherlands)

Mańko, R.; Sitek, B.; Szczerbowski, J.J.; Bauknecht, A.W.; Szpanowska, M.; Wasyliszyn, K.

2015-01-01

In line with Lenin’s famous quote that Bolsheviks "do not recognise anything private" and that private law must be permeated with public interest, the private (civil) law of the USSR and other countries of the Soviet bloc, including Poland underwent reform aimed at furthering the public interest at

The rights of a Florida wife: slavery, U.S. expansion, and married women's property law.

Science.gov (United States)

Clark, Laurel A

2010-01-01

Civil law rules were adopted in Florida that granted married women property rights long before legal reforms occurred in northern states. This article analyzes white wives' property and law in Florida between 1820 and 1860. Initially, married women's property rights were inadvertently protected by treaty law and limited to women who married before 1818. Wives' right to own separate property in Florida was subsequently reconfirmed in statute and extended to include later marriages. In contrast, nonwhites generally lost the rights and property they had enjoyed under Spain's civil law in the same period. This contrast reveals that in Florida (and other southern borderlands) it was not concern for women, or simply legal precedent, but the desire to incorporate new territory and expand slavery that influenced the development of marital property law. This challenges previous histories, which have excluded the earlier acts in the Southern borderlands and emphasized those passed in the Northeast beginning in the late 1840s. While those later acts were influenced by the early woman's rights movement and by concern for families reduced to poverty during the rise of market capitalism, this case study indicates that expansion of United States territory and slavery were responsible for the earlier married women's property rights in southern borderland territories such as Florida.

Implied terms in English and Romanian law

Directory of Open Access Journals (Sweden)

Stefan Dinu

2015-12-01

Full Text Available This study analyses the matter of implied terms from the point of view of both English and Romanian law. First, the introductory section provides a brief overview of implied terms, by defining this class of contractual clauses and by providing their general features. Second, the English law position is analysed, where it is generally recognised that a term may be implied in one of three manners, which are described in turn. An emp hasis is made on the Privy Council’s decision in Attorney General of Belize v Belize Telecom Ltd and its impact. Third, the Romanian law position is described, the starting point of the discussion being represented by the provisions of Article 1272 of the 2009 Civil Code. Fourth, the study ends by mentioning some points of comparison between the two legal systems in what concerns the approach towards implied terms.

Ecology and basic laws

International Nuclear Information System (INIS)

Mayer-Tasch, P.C.

1980-01-01

The author sketches the critical relation between ecology and basic law - critical in more than one sense. He points out the incompatibility of constitutional states and atomic states which is due to constitutional order being jeopardised by nuclear policy. He traces back the continuously rising awareness of pollution and the modern youth movement to their common root i.e. the awakening, the youth movement of the turn of the century. Eventually, he considers an economical, political, and social decentralization as a feasible alternative which would considerably relieve our basic living conditions from the threatening forms of civilization prevailing. (HSCH) [de

Re-thinking civil disobedience

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Theresa Züger

2013-11-01

Full Text Available This article points out a struggle of today’s societies with the traditional concepts of civil disobedience and stresses the need for reevaluation of the concept of civil disobedience for policy making and public discourse. Starting with a minimal definition of civil disobedience, the article introduces Hannah Arendt’s approach for a legitimisation of civil disobedience and discusses her ideas for digital actions, which are increasingly framed as digital forms of civil disobedience. Addressing WikiLeaks as an example of digital civil disobedience, the author problematises the internal secrecy of WikiLeaks and the focus on Julian Assange as a single decision-maker. Both aspects challenge Arendt’s understanding of legitimate civil disobedience. Even though traditional criteria of civil disobedience need to be revisited in the digital age, organisations or disobedience actors might themselves in their actions be well-advised to comply with the principles they fight for.

Perspectives of the civil use of nuclear energy

International Nuclear Information System (INIS)

Dally, A.

1994-01-01

The opening paper dealt with the topic of ''orientations of energy engineering within the stress field of ethical standards of value and natural law constraints'' (H.D. Schilling). Four plenary discussion rounds were held with limited time for all speakers on the subjects of energy demand and availability of resources; development of the worldwide demand for civil nuclear technology; environmental effects and special risks of nuclear energy uses; development prospects of reactor engineering, and a concluding panel discussion on the subject of what kind of energy policy understanding we need and how we can reach it. (orig./HP) [de

Recommendation on measures to safeguard freedom of expression and undistorted competition in EU trade mark law

DEFF Research Database (Denmark)

Minssen, Timo

2015-01-01

, University of Oxford, United Kingdom Christophe Geiger Associate Professor, Director General and Director of the Research Department, Centre for International Intellectual Property Studies, University of Strasbourg, France Gustavo Ghidini Professor of Intellectual Property and Competition Law, University...... Institute for Innovation and Competition, Munich, Germany Paul van der Kooij Associate Professor of Intellectual Property Law, Leiden Law School, University of Leiden, The Netherlands Annette Kur Senior Researcher, Max Planck Institute for Innovation and Competition, Munich, and Honorary Professor...... Professor of Commercial Law, University of Parma, Italy Timo Minssen Associate Professor, Centre for Information and Innovation Law, University of Copenhagen, Denmark Ansgar Ohly Professor of Civil Law, Intellectual Property and Competition Law, University of Munich, Germany Alexander Peukert Professor...

RUSSIA’S ‘FOREIGN AGENT’ LAW: A RESPONSE TO AMERICAN DEMOCRATIC PROMOTION POLICY

Directory of Open Access Journals (Sweden)

Vijay Kumar

2015-01-01

Full Text Available Recently passed the Russian ‘Foreign Agent’ law against foreign funding of NGOs and civil society has attracted criticism from almost every quarter. From home to abroad all party concerned (i.e., civil society organizations, NGO groups, donor countries (especiallyAmericaand European countries as well as some Russian opposition political parties are of the view that this bill has been introduced to scuttle the independent civic activities and in this way unconstitutional. However on the basis of overall analysis of ‘Foreign Agent’ law in the context of American democratic promotion policy this paper is of the view that this law simply cannot be characterized as anti-democratic, which is against the very basis of freedom and rule of law, by the anti-democratic Russian government but it should be seen as extension of same challenge which American democratic promotion policy is facing around the whole world. It is because of its illegal and unconstitutional method of regime change policy, with the help of foreign funded NGOs, and civil society which has compelled various countries includingRussiato resort this type of law. It is important to note that the promise of peace, stability and prosperity by the democratic promotion protagonists after the fall ofSoviet Unionhas not been realised till today. Instead what post-Soviet states are witnessing today is emergence of chauvinist nationalist government in respective countries which witnessed colour revolution. Whole region is now plunging into economic turmoil, ethnic nationalism, rise of religious fundamentalism and identity politics. Recent overthrow of legitimate Viktor Yanukovych government inUkraineand subsequent decision by incumbent government to exclude Russian as administrative language can be sited as example. That is why former American Republican Congressman Ron Paul is of the view that “US‘Democracy Promotion’ Destroys Democracy Overseas’’. In this context this paper

The Mandatory Force of the Contract in Relation with the Thirds. Positive Consecration in Comparative Law and in the New Romanian Civil Code

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Nora Andreea Daghie

2011-05-01

Full Text Available The drafters of the Romanian Civil Code at 1864 supressed the last part of the correspondingarticle of French Civil Code (art. 1165 so that the appearance was created of a rigid principle that did notallow for exceptions. The relativity of contractual bond provided under art. 973 Civ. c. shall however createboth integrating mechanisms and contain mitigations of the principle by virtue of principles of commutativejustice and juridical security. In the quasi-majority of legislations there are a series of situations when acontract may produce effects versus thirds, for an example the stipulation for another in the French civilCode, Civil Code of Quebec Province and Civil Code of Louisiana State. The new Romanian Civil Codereformulates the principles into affirmative draft in art. 1.280 that only maintains limitation of mandatoryeffects versus parties and even if no reference is explicitly made to thirds the collocation „unless otherwiseprovided by law” may however result by deduction in that a contract may under certain circumstancesproduce effects versus thirds too.

Carbon capture and storage (CCS) in a civil legal point of view; CO{sub 2}-Abscheidung und -Ablagerung (Carbon Capture and Storage - CCS) in zivilrechtlicher Sicht

Energy Technology Data Exchange (ETDEWEB)

Gast, Ina Carolin

2012-11-01

The author of the book under consideration reports on the possibilities of the German environmental private law in order to address the risks of carbon capture and storage. The focus of this book is concerned with the examination of defense claims, compensation claims and claims for damages of the persons concerned, if activities or plants for carbon capture and storage cause damages at the legal assets. In addition to the civil defense claims and compensation claims from paragraph 1004 sect. 1 of the German civil code (BGB) and paragraph 906 sect. 2 sentence 2 BGB also claims under public law concerning the respective interests of neighbours from paragraph 75 sect. 2 sentence 2 to 4 VwVfG (Law on Administrative Procedure) also shall be included. In addition to this, the author reports on the claims for compensation of tort law and various situations of the strict liability. In particular, the new paragraph 29 of the draft of the carbon dioxide storage law is considered which creates a special strict liability for this novel technology.

CIVIL LAW AND THE DISREGARD OF THE LEGAL PERSONALITY OF COMPANIES LTDA

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L. H. T. Macarenhas

2016-07-01

Full Text Available This paper will address the importance that the legal person has the right to and for society, the legal system itself has instruments to protect such institute, correcting fraud and abuse in its exercise. Through the theory of piercing the corporate veil, the distinctive personality and patrimonial autonomy are removed temporarily, making partners and managers are held accountable, as if the entity does not exist. The integration of theory disregard the Civil Code of 2002 is not about real innovation, because its application was already a reality in the Brazilian courts, even if the regulatory provisions dealing hitherto disregard of the doctrine were so confused and often sometimes even erroneous.

The occurence of right and responsibilities of trastee in relation to the minors, and persons wich are limited in civil capasity in accordence with the Civil Code of Ukraine

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В. В. Надьон

2015-11-01

Full Text Available Problem setting. In accordance with the Civil Code of Ukraine guardianship and trusteeship are established to provide personal non-property and property rights and interests of minors, and adult persons who for health reasons can not independently exercise their rights and responsibilities (article 55 of the Civil Code. The main difference between guardianship and trusteeship is in the volume of civillaw responsibilities which the law imposes on Trustees and Guardians, based on the volume capacity and the health status of their wards. Thus, the trustee is appointed over the minor and persons wichare incapasitated individual, the trustee, the guardian is appointed over minors and individuals that have limited civil capacity. The Civil Code of Ukraine pays considerabl attention to the guardian's responsibilities, which include: 1 to care for a ward, about his education, training and development, to create the necessary living conditions; 2 to provide that minors and persons limited civil capacity of care and treatment; 3 to provide the necessary conditions for obtaining a General secondary education; 4 to take measures to protect civil rights and interests; 5 once a year to carry out a full medical examination; 6 to determine the place of residence of the ward person. To the rights of the Guardian in the legislation: 1 to demand in court the return of his child under his guardianship from any person who illegally hold on to it; 2 live together with the ward and can be registered on a residential square, the latter for the period of their responsibilities execution; 3 to manage the assets of the ward; 5 may be voluntarily released from fulfillment of the assumed obligations

Civil Identity

DEFF Research Database (Denmark)

Petersen, Lars Axel

In this paper I will go through a catalogue of examples of contexts in which the term civil identity is currently used, ranging from the formal and technical process of linking a set of administrative and other events to an individual biological person by means of identity cards, fingerprints, iris...... of Israel to Luce Irigaray's Feminist agenda of elaborating gender specific civil identities. My intention is to investigate whether these different employments of 'civil identity' point towards a common, and fairly well defined object field asking questions of contemporary relevance to the philosophy...

تاريخ القانون في المجتمعات القديمة (قانون حمورابي أنموذجاً History of Law in ancient societies (Law of Hammurabi as a model

Directory of Open Access Journals (Sweden)

Mustafa Fadhil Karim al-Khafaji مصطفى فاضل كريم الخفاجي

2013-12-01

Full Text Available Is a subject formed obsession from the first side among first researchers in the affairs of the ancient civilization and this is due to the importance of this issue , which stems from the jealousy of previous civilizations , reflecting the pioneering ancient Iraqi civilization Vngdo studied the evolution of human thought . It is the second given by many researchers are of great importance and overlapping text similarity between the Code of Hammurabi and the law of the Torah , which makes the need to study the law in order to study the monotheistic thought and demonstrate its development. Either the third is derived from the significant impact it has had this law in thought contemplative Greek also appeared in the canons of the Elders of Greece such as ( Solon and the other from here , we can define the importance of this issue in our research that it reflects the evolution of Iraqi civilization and Raadatha and impact which commit us to re- always reading for this exploration of thought and its impact .

Chronicle of administrative law enforcement in the energy market. Part 1

International Nuclear Information System (INIS)

Van Leeuwen, E.W.T.M.; De Rijke, M.

2012-01-01

In addition to the Netherlands Competition Authority (NMa), the Netherlands Consumer Authority (CA) also regulates the energy market in the area of consumer rights. Both organizations will merge into the Consumer and Market Authority (ACM). This article provides an overview of the powers of the NMA and CA in relation to law enforcement as shaped by the various laws and law amendments. By means of settlement practices and the administration of justice, an overview is given of the main developments in law enforcement. In this first part, attention is paid to the enforcement instruments of both regulators and one instrument is examined in more detail: the injunction. Part two addresses the order for penalty payment, the civil penalty and the modification and revocation of licenses and exemptions. [nl

Environmental law. A course of lectures for a cross-disciplinary audience

International Nuclear Information System (INIS)

Schulte, H.

1999-01-01

Readers interested in getting more insight in the legal framework available for supporting environmental protection policy will find a comprehensive picture of the environmental law applicable in Germany. The format chosen for the book is that of a lecture series, so that the reader is given step-by-step orientation and systematic guidance in approaching the complex material. The positive law and the underlying scientific systems are explained. An introductory part discusses the legal instruments available for enforcement of environmental law, the position of environmental law within the entire legal system of Germany, as well as relevant aspects of the law of the European Union, and international law. The subsequent chapters present an exhaustive survey of the subjects and objectives of German environmental law, as well as the legal practice and the issues involved. The chapters' headings read as follows: Abatement and control of emissions; the structure and functions of the state; administrative powers and action; civil rights and environmental protection; atomic energy law; water protection; waste management; nature conservation; the law on chemicals; the law relating to genetic engineering. The final chapter discusses aspects of environmental liability. (orig./CB) [de

MKHITAR GOSH'S MEDIEVAL LAW CODE AND ITS IMPLICATIONS FOR ARMENIAN COMMUNITIES ABROAD.

Science.gov (United States)

Davtyan, Susanna; Khachatryan, Mikayel; Johrian, Ara; Ghazaryan, Karen

2014-07-01

The Law Book of the medieval Armenian legal and economic thought is an exceptional work that encompasses valuable information of the Armenian nation's domestic life. Mkhitar Gosh was considered to be one of the most outstanding figures and lawyers (lawmakers) of all times. Armenian Law Code after Mkhitar Gosh is writhed at 12 century. One of the primary sources for the law code was Armenian customary law. This Code became moral code for guiding for hall Armenians over the world because of high moral spirit reflecting Armenian mentality. This article presents the brief history of extension of legal rules setting out in the Law Code. The Law Code was established and widely used not only in Armenia but also in a number of Armenian communities abroad (Russian, Poland, Georgia, Latvia, India etc.). Law Code was accepted by all Armenians. Moreover, it served for the development of legislation for a number of civilized European and Asian countries.

Civil liability - aspects of the law n0 6.453 of 1977

International Nuclear Information System (INIS)

Rocha, L.M.G. da

1980-01-01

The nuclear damage liability in the Brazilian legal scope is discussed. The law n 0 6.453 of september 1977, which characterizes the nuclear activities criminal illicits and prescribes the correspondent penalties, is analysed. (A.L.) [pt

Contractual Penalty and the Right to Payment for Delays Caused by Force Majeure in Czech Civil Law under the New Civil Code

OpenAIRE

Janku Martin

2015-01-01

In the context of the conclusion of contracts between entrepreneurs under the Czech Civil Code, it is a relatively common arrangement that the parties disclaim any and all liability for damage arising from non-compliance with contractual obligations, if they can prove that this failure was due to an obstacle independent of their will. This circumstance excluding liability for the damage is called force majeure by the theory. In many countries this circumstance is ruled upon directly by the le...

78 FR 9845 - Minimum and Ordinary Maximum and Aggravated Maximum Civil Monetary Penalties for a Violation of...

Science.gov (United States)

2013-02-12

... maximum penalty amount of $75,000 for each violation, except that if the violation results in death... the maximum civil penalty for a violation is $175,000 if the violation results in death, serious... Penalties for a Violation of the Hazardous Materials Transportation Laws or Regulations, Orders, Special...

Civil Law

International Nuclear Information System (INIS)

Anon.

1981-01-01

If electricity rate payment boycotters withhold parts of the payment due for electric energy supplied, this refusal to pay rates will give the electric utility the right to use its right of lien according to sect. 33 para. 2 of the General Terms and Conditions governing the supply with electricity, gas, district heat and water. This is also applicable if, in the individual case, it is a matter of only small amounts. (orig.) [de

A new experience: the course of ethics in engineering in the Department of Civil Engineering, University of Granada.

Science.gov (United States)

Gil-Martín, Luisa María; Hernández-Montes, Enrique; Segura-Naya, Armando

2010-06-01

A course in professional ethics for civil engineers was taught for the first time in Spain during the academic year 2007/08. In this paper a survey on the satisfaction and expectation of the course is presented. Surprisingly the students sought moral and ethical principles for their own ordinary lives as well as for their profession. Students were concerned about the law, but in their actions they were more concerned with their conscience, aware that it can be separate from the law.

A legitimidade ativa do ministério público na ação civil pública

Directory of Open Access Journals (Sweden)

Alessandra Mendes

2002-12-01

Full Text Available The present study has the objective to debate civil procedural rules and how they have been used in the collective actions, the present work chose the theme of the legitimacy it activates of the Ministry I Publish in the Public Civil Action. The relative subjects were approached to the Ministry I Publish as author, as fiscal of the law, in the case of abandonment or cessation of the public civil action and, finally, the controversy possibility of the united performance among the State and Federal public prosecution service.O objetivo de aprofundar o estudo e o debate de regras processuais que vêm sendo utilizadas nas ações coletivas, o presente trabalho elegeu o tema da legitimidade ativa do Ministério Público na Ação Civil Pública. Foram abordadas as questões relativas ao Ministério Público como autor, como fiscal da lei, no caso de abandono ou desistência da ação civil pública e, finalmente, a polêmica possibilidade da atuação conjunta entre o Ministério Público Estadual e Federal.

GUARANTEES OF THE RIGHT TO A FAIR CIVIL TRIAL

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Diana-Loredana Jalbă

2015-11-01

Full Text Available In order to ensure the effective protection of human rights and provide for more than theoretical and illusory substantive rights, the need to define the right to a fair trial is emerging, along with the necessity that litigants become aware of the guarantees established by article 6 of the European Convention on Human Rights. Thus, the article aims to approach the ample issue regarding the litigants’ right to a fair civil trial in light of current legal regulations, and in particular, in light of the jurisprudence of the European Court of Human Rights. Given the fact that the right to a fair civil trial involves establishing, throughout the trial, a set of rules of procedure aimed at creating a balance between the parties in the process - the so-called guarantees of a fair trial - in her scientific pursuits, the author analyzes both explicit and implicit guarantees of fair trial, highlighting relevant European standards as well as their degree of implementation in the national (procedural law.

THE UNPREDICTABILITY CLAUSE IN TRANSPORT CONTRACTS, ACCORDING TO THE NEW CIVIL CODE

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Adriana Elena BELU

2014-05-01

Full Text Available Until the enforcement of the highly controversial transport law, transport companies must already observe the provisions of the new Civil Code1 in their transport business. One of the novelties in the new Civil Code, that came into force on October 1, 2011, refers to the unpredictability clause: recurring to this clause, in certain situations to be precisely analysed by courts, parties may even be exempted from certain contractual obligations, when the court decides to rescind the contract based on objective criteria, not imputable to the party that no longer can properly fulfil the obligations that had been undertaken when the contract had been made. However, this solution only is provided after all means of negotiation and mediation between parties are exhausted. The clause meets current market requirements, under which many companies have to deal with bad paying partners.

Reconceptualizing Civil Regulation

DEFF Research Database (Denmark)

Galang, Roberto Martin; Castello, Itziar

2011-01-01

This article re-conceptualizes the notion of civil regulation, through an analysis of 775 projects by firms located in 21 Asian countries, wherein we map the state of civil regulation initiatives in the region. We challenge two established assumptions in the Corporate Social Responsibility litera....... Finally, we argue that, in Asia, governments act as a structuration mechanism which challenges the current understanding of CSR.......This article re-conceptualizes the notion of civil regulation, through an analysis of 775 projects by firms located in 21 Asian countries, wherein we map the state of civil regulation initiatives in the region. We challenge two established assumptions in the Corporate Social Responsibility...... and environmental standards; but also that local, small and medium companies play a key role in the development of Asian civil regulation. We call this second finding the “CSR importation trap”. Our findings are supported by evidence on the limitations in the interchangeable properties of business and governments...

The Rule of Law and the U.S. Quest for Security in El Salvador

Science.gov (United States)

2007-03-12

separation of powers, both of which significantly advanced the importance of the rule of law in Western political philosophy . The Declaration of Independence...and civil libertarians on the left, and perhaps helped exacerbate existing class tensions.180 More importantly, the inability of democratically

Civil partnerships five years on.

Science.gov (United States)

Ross, Helen; Gask, Karen; Berrington, Ann

2011-01-01

The Civil Partnership Act 2004, which came into force in December 2005 allowing same-sex couples in the UK to register their relationship for the first time, celebrated its fifth anniversary in December 2010. This article examines civil partnership in England and Wales, five years on from its introduction. The characteristics of those forming civil partnerships between 2005 and 2010 including age, sex and previous marital/civil partnership status are examined. These are then compared with the characteristics of those marrying over the same period. Further comparisons are also made between civil partnership dissolutions and divorce. The article presents estimates of the number of people currently in civil partnerships and children of civil partners. Finally the article examines attitudes towards same-sex and civil partner couples both in the UK and in other countries across Europe.

Role of political parties in the formation of civil society in Uzbekistan

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Сирожжон Насипкулович Бердикулов

2015-06-01

Full Text Available The article considers the role of political parties in the development of civil society and the rule of law, as well as issues of political parties differ from other public organizations, the concept of a multi-party system, the importance of a multi-party system in ensuring political pluralism, inter-party competition, constructive opposition, the expression of the interests of the electorate, the space of political parties in parliament and local councils (soviets

Evolution of adoption from Roman law to modern law

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Kitanović Tanja

2013-01-01

Full Text Available The work is dedicated to the evolution of adoption practice from ancient Roman law to modern law. Adoption represents ancient social and legal practice which has during time changed manifestations and the causes it served. Adoption in ancient Rome served the interests of pater familias without biological posterity. Adoption practice benefited the continuance of families and the family cult of adopters, whose family lines, with no natural posterity, were threatened to become extinct. After the stagnation in the feudal epoch, adoption was reaffirmed in the bourgeois law. Civil codes in European countries, whose legal systems were built on the foundations of the ancient Roman legal tradition, originally favoured the interests of individuals with no biological children, who were granted to extend their families by adopting, and hence transfer their assets on the obtained heirs. After the wars in the 20th century, which led to a rapid increase in the number of parentless children, the concept of adoption was radically changed, so that since that time the adoption has primarily served the interests of the adopted children and the care for them in the adoptive families. Adoption becomes a form of a social, legal family protection of children without adequate parental care, and that is the most desirable form to provide for children, for the adoptee completely integrates with the adoptive family and takes the right of the born child, where the family environment provides and encourages the optimal mental and physical development of the child.

Domestic Violence and Family Law: Criminological Concerns

OpenAIRE

Molly Dragiewicz

2014-01-01

The battered women’s movement in the United States contributed to a sweeping change in the recognition of men’s violence against female intimate partners. Naming the problem and arguing in favor if its identification as a serious problem meriting a collective response were key aspects of this effort. Criminal and civil laws have been written and revised in an effort to answer calls to take such violence seriously. Scholars have devoted significant attention to the consequences of this reframi...

LEGAL LIABILITY CONDITIONS FOR THE ABUSE OF LAW

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Emilian CIONGARU

2014-05-01

Full Text Available Knowing that in more and more cases, the only defence of the party whose law or interest has been injured is to invoke the abuse of law, the express interdiction of the abuse of law becomes a need as an answer to the social demand for legality and equality in all legal relationships. The issues of current legislation related to the abuse of law may be analysed in the light of the social role law has, especially from the viewpoint of its function of harmonization of the individual interests with the general ones. The concrete way to express the abuse of law is represented by the exercise of the subjective law beyond its legal limits as well as the pursuit of a goal in bad faith, but other goal than the one for which the law was consecrated. The role of legal liability for the abuse of law is represented by the legal relationship of constraint whose content consists in a plurality of rights and obligations of substantive or procedural law appearing as a result of commitment of some deeds non-compliant with the model prefigured by the legal norm by which the state is entitled to hold liable the one who exercised a subjective law in bad faith cumulated with the violation of the goal for which such law was consecrated and the guilty party is going to answer for their deed and to obey the sanctions provided under the law. This paper focuses on the conditions that must be met cumulatively, in the current legislation, so that the holder of a subjective law exercised abusively may become the subject of civil, contraventional, criminal, and administrative legal liability, etc.

Islamic Family Law Enactment 1987 (No. 3 of 1987), 20 May 1987.

Science.gov (United States)

1988-01-01

This Islamic Family Law Enactment of Pahang, Malaysia, is based on the model of the Islamic Family Law (Federal Territory) Act, 1984 (Annual Review of Population Law, Vol. 11, 1984, Section 250). It differs from that Law in the following major respects: 1) marriages between Muslims and non-Muslims are prohibited; 2) a wali Hakim (special guardian appointed by the Sultan) is authorized to consent to marriage if the wali (guardian) of the bride unreasonably withholds consent; 3) the grounds for divorce are fewer (failure to maintain and cruelty being omitted), although there is a general provision allowing divorce for any ground that is recognized as valid by Islamic law; 4) a son is to be maintained until the age of 15, not 18; and 5) a religious court, rather than a civil court, may order a putative father to maintain his illegitimate child. full text

Citizen Participation, Access to Environmental Information and Education in Uruguayan Environmental Law

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Gonzalo Iglesias Rossini

2014-06-01

Full Text Available Our country has followed a clear trend towards the recognition of various mechanisms of citizen participation and access to public information regarding environmental issues A few years ago, if, for instance, a person or group of people, concerned about the potential environmental impact caused by the establishment of a factory in their neighborhood, requested information from the Authorities, such request would have most likely been rejected. At present, there is a clear law-making policy towards acknowledging the possibility for a diversity of social players to be involved at different levels. In a State structured under a social rule of law, both community participation and civil society access to information in possession of the State, regarding issues that may affect the environment, are fundamental rights. Both concepts, information and participation, must go hand in hand, as the first operates as a condition to exercise the second. Civil society involvement in an environmental issue could never occur if, for instance, information held by the Government is not made available. In addition to protecting fundamental human rights, these concepts are enshrined in participatory democracy. They also enable civil society to be involved in environmental pollution issues. This paper is intended to provide a detailed research on the different instruments enshrining citizen participation and access to public information about environmental issues.

The golden section, secrets of the Egyptian civilization and harmony mathematics

Energy Technology Data Exchange (ETDEWEB)

Stakhov, Alexey [International Club of the Golden Section, 6 McCreary Trail, Bolton, Ont., L7E 2C8 (Canada)]. E-mail: goldenmuseum@rogers.com

2006-10-15

The main goal of the present article is to consider the harmony mathematics from the point of view of the sacral geometry and to show how it can be used in this field. We also consider some secrets of the Egyptian civilization that have relation to the golden section and platonic solids. Briefly, this is considered to be the main concepts involved in harmony mathematics and its application to the sacral geometry. (Religiousness of a scientist is in his enthusiastic worship for laws of harmony. Albert Einstein)

The golden section, secrets of the Egyptian civilization and harmony mathematics

International Nuclear Information System (INIS)

Stakhov, Alexey

2006-01-01

The main goal of the present article is to consider the harmony mathematics from the point of view of the sacral geometry and to show how it can be used in this field. We also consider some secrets of the Egyptian civilization that have relation to the golden section and platonic solids. Briefly, this is considered to be the main concepts involved in harmony mathematics and its application to the sacral geometry. (Religiousness of a scientist is in his enthusiastic worship for laws of harmony. Albert Einstein)

Memoirs of law, sciences and technologies - Law and climate thematic issue

International Nuclear Information System (INIS)

Torre-Schaub, M.; Jouzel, J.; Boisson de Chazournes, L.; Sadeleer, N. de; Denis, B.; Godard, O.; Le Prestre, P.; Maljean-Dubois, S.; Wemaere, M.; Rousseaux, S.; Louchard, O.

2009-01-01

This dossier is organized around two essential points: 1 - climate is a scientific question which combines science and governance. In this context, the last IPCC (Intergovernmental Panel on Climate Change) report gives an essential place to uncertainties with claiming that 'it is more probable than improbable that we may be in an irreversible process of global warming'. Therefore, it has become necessary to think about the management of uncertainties using law and to a massive mobilization of the precaution principle. The essential economical aspects to the implementation of a significant abatement of greenhouse gases cannot be passed over in silence as well. Finally, the civil society occupies a more and more important place, not only in international negotiations, but inside the countries as well. 2 - Global warming is thinkable at a World scale only. This implies that some kind of a climate geopolitics is emerging in the World, considering the existence at the same time of different sources and different problems to deal with (technical, economical) depending on the regions of the world. From the strictly legal point of view, the scenarios presented at Bali consider the World by 2012 onward. In this context, the fight against global warming mobilizes several legal instruments, some being new and the others being not. We assist to a real law genesis. The emissions trading markets, for instance, and other financial mechanisms, belong to these new instruments. However, using old legal means to solve new problems is another way to create law. It is also important to stress on the fact that the international law is not the only possible legal mean to square the fight against global warming. The liability right for the violation of a public property, i.e. the atmosphere, remains an instrument combining experience and novelty and has proved itself in several countries. Finally, in France, the 'Grenelle de l'Environnement' policy has led to an extraordinary process of

Nuclear-industry employee protection provisions of federal law

International Nuclear Information System (INIS)

Fidell, E.R.; Marcoux, W.C.

1982-01-01

Legislation enacted by Congress in 1978 to provide protection for those employed in the construction or operation of civil nuclear projects who express concerns to employers or others about the propriety of procedures in their places of employment from the standpoint of safety is summarized. The authors describe some recent and anticipated developments in the implementation of the law and offer practical suggestions for the avoidance of particular problems under the law. They counsel that the prudent utility company or other firm involved with nuclear energy will see the statute as another reason for facilitating the flow of bona fide safety concerns rather than as a vehicle for the expression of generalized complaints by malcontents and a convenient shield for substandard performers in the work force

Citizenship in civil society?

NARCIS (Netherlands)

Ossewaarde, Marinus R.R.

2007-01-01

This article seeks to provide a conceptual framework to complement and guide the empirical analysis of civil society. The core argument is that civil society must be understood, not as a category of (post)industrialized society, but as one of individualized society. Civil society is characterized by

The law and sexual harassment in the physiotherapy work environment in South Africa

Directory of Open Access Journals (Sweden)

L. Bütow-Dütoit

2007-01-01

Full Text Available This paper presents the legal framework within which sexual harassment of healthcare professionals, including physiotherapists, may be managed in their work environment in South Africa. According to both international and national legal principles, sexual harassment is considered a form of discrimination. There are various statutes in South Africa that may assist physiotherapists when they seek redress after being sexually harassed. These entail labour-related laws, laws aimed at removing all forms of discrimination, as well as the criminal and civil pathways of seeking justice.

La protección jurídico-civil de la ancianidad

Directory of Open Access Journals (Sweden)

Cristina Guilarte Martín-Calero

2011-12-01

Full Text Available Este trabajo analiza si las soluciones dadas por el Derecho Civil en la protección de los ancianos son las más idóneas para amparar al anciano en las diferentes etapas de su vejez y señalar los derechos humanos implicados en esta situación y cómo habría que actualizar la regulación de la situación de los ancianos y de las instituciones que los amparan desde una óptica de derechos humanos. This work analyzes whether the solutions made by Civil Law in the protection of the elderly are best suited for protecting the elderly in different stage of old age and noted the human rights involved in this situation and how it should be update the regulation of the situation of the elderly and the institutions that the refuge from a standpoint of human rights. DOWNLOAD THIS PAPER FROM SSRN: http://ssrn.com/abstract=1968389

PROGRESSIVE LAW ENFORCEMENT TOWARDS HUMAN RIGHTS VIOLATION IN KOTA KUPANG

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Joni Efraim Liunima

2016-01-01

Full Text Available Copyright is creator intellectual wealth so it needs to be protected by the State as a form of responsibility. Responding that problem comes into the world Law Number 28 Year 2014 concerning Copyrights and all violations in UUHC is formulated as delict complaint. Consequence of delict complaint is not all of copyright violations can be asked for the responsibility because law agencies are passive and limited by space and time. Answering that jurisdictional problem then researcher used empirical law research method. The result showed that civil servants investigator (PPNS Kanwil Kemenkumham NTT and also Kupang Kota Police Resort have done progressive step such as appealing, warning, calling, making statement, stocktaking and confiscation whereas the obstacle factor of progressive law enforcement is knowledge, mindset and in the formula of UUHC there is no section which formulate what the step can be done if criminal matters happen so the suggestions given is law enforcement agencies need an explanation about progressive law enforcement and it is better if in UUHC need to be formulated a step which will be taken if criminal matters happen

Mind the gap! Over het (vermeende) belang van de verschillen tussen common law en civil law voor de rechtsfilosofie

NARCIS (Netherlands)

Pierik, R.

2010-01-01

For many legal scholars it goes without saying that legal and legal-philosophical theories originate in specific societal contexts and that this contextual character should always be taken into consideration. This implies, for example, that we should take the differences between the common law and

Challenging and Preventing Policies That Prohibit Local Civil Rights Protections for Lesbian, Gay, Bisexual, Transgender, and Queer People.

Science.gov (United States)

Pomeranz, Jennifer L

2018-01-01

Discrimination causes health inequities for stigmatized groups. Lesbian, gay, bisexual, transgender, and queer (LGBTQ) individuals, in particular, are at significantly increased risk for disparate health outcomes when they reside in states that fail to extend equal protections to them or that actively deprive equal rights to them. Several states and the federal government have proposed or enacted laws that permit residents to discriminate against LGBTQ individuals. One such law, Arkansas's Intrastate Commerce Improvement Act of 2015, preempts or prohibits local governments from enacting civil rights protections for LGBTQ individuals that are also lacking at the state level. State laws such as Arkansas's undermine local control, damage the economy, and create injustices that harm LGBTQ people. I set forth 2 constitutional arguments to challenge such laws, and I provide information to help advocates support evidence-based policymaking and prevent the passage of similar laws in their states.

Principles of European Law on Service Contracts: background, genesis, and drafting method

NARCIS (Netherlands)

Jansen, C.E.C.; Zimmermann, R.

2010-01-01

The Principles of European Law on Service Contracts (PEL SC) were drafted between 1999 and 2006 by the Tilburg Team of the Study Group on a European Civil Code (SGECC). A slightly modified version of the PEL SC has recently been implemented in Book IV.C of the Draft Common Frame of Reference (DCFR).

World tendences of civil aviation development and the enlargement of the Lithuanian civil aviation

Directory of Open Access Journals (Sweden)

J. Butkevičius

2006-06-01

Full Text Available The article deals with global trends in civil aviation, such as: liberalisation of aviation market, globalisation of airlines, privatisation of airlines and invasion of low cost airlines into the market. Also the influence of these trends on the Lithuanian civil aviation activities has been defined. The Lithuanian civil aviation activities have been analysed: activities of international airports, passenger and cargo carriers, passenger routes and passenger flows, transportation market and airplane fleet. The problems of the Lithuanian civil aviation activities have been identified and suggestions for the development of the Lithuanian civil aviation activities have been proposed.

49 CFR 1544.221 - Carriage of prisoners under the control of armed law enforcement officers.

Science.gov (United States)

2010-10-01

... Transportation (Continued) TRANSPORTATION SECURITY ADMINISTRATION, DEPARTMENT OF HOMELAND SECURITY CIVIL AVIATION SECURITY AIRCRAFT OPERATOR SECURITY: AIR CARRIERS AND COMMERCIAL OPERATORS Operations § 1544.221 Carriage... custody of an armed law enforcement officer aboard an aircraft for which screening is required unless, in...

Changing Landscapes in Documentation Efforts: Civil Society Documentation of Serious Human Rights Violations

Directory of Open Access Journals (Sweden)

Brianne McGonigle Leyh

2017-04-01

Full Text Available Wittingly or unwittingly, civil society actors have long been faced with the task of documenting serious human rights violations. Thirty years ago, such efforts were largely organised by grassroots movements, often with little support or funding from international actors. Sharing information and best practices was difficult. Today that situation has significantly changed. The purpose of this article is to explore the changing landscape of civil society documentation of serious human rights violations, and what that means for standardising and professionalising documentation efforts. Using the recent Hisséne Habré case as an example, this article begins by looking at how civil society documentation can successfully influence an accountability process. Next, the article touches upon barriers that continue to impede greater documentation efforts. The article examines the changing landscape of documentation, focusing on technological changes and the rise of citizen journalism and unofficial investigations, using Syria as an example, as well as on the increasing support for documentation efforts both in Syria and worldwide. The changing landscape has resulted in the proliferation of international documentation initiatives aimed at providing local civil society actors guidelines and practical assistance on how to recognise, collect, manage, store and use information about serious human rights violations, as well as on how to minimise the risks associated with the documentation of human rights violations. The recent initiatives undertaken by international civil society, including those by the Public International Law & Policy Group, play an important role in helping to standardise and professionalise documentation work and promote the foundational principles of documentation, namely the ‘do no harm’ principle, and the principles of informed consent and confidentiality. Recognising the drawback that greater professionalisation may bring, it

EL MATRIMONIO RELIGIOSO EN EL RÉGIMEN JURÍDICO CHILENO: EL SISTEMA MATRIMONIAL CONSAGRADO POR EL ARTÍCULO 20 DE LA LEY N° 19.947 RELIGIOUS MARRIAGE IN THE CHILEAN JURIDICAL REGIME: THE MARRIAGE SYSTEM UNDER THE ARTICLE 20 OF THE LAW N° 19.94

Directory of Open Access Journals (Sweden)

Jorge del Picó Rubio

2009-01-01

Full Text Available El Derecho matrimonial chileno ha sido objeto de una reforma de gran magnitud, como consecuencia de la aprobación y entrada en vigor de la nueva Ley de Matrimonio Civil, de 2004. Una de las instituciones más relevantes, introducidas por la reforma, ha sido el reconocimiento legal de efectos civiles al matrimonio celebrado en forma religiosa, sustituyendo el sistema de matrimonio civil obligatorio vigente desde 1884, por el sistema facultativo de tipo anglosajón o protestante. Este trabajo proporciona una visión de conjunto de la institución del matrimonio religioso en Chile, entregando los antecedentes del contexto material de la ley, señalando las características del sistema de reconocimiento civil del matrimonio celebrado en sede eclesiástica, indicando la regulación de sus requisitos y en especial la exigencia de personalidad jurídica de Derecho público requerida a las entidades religiosas, el procedimiento legal para la celebración del matrimonio religioso y una referencia analítica a la producción de efectos civiles.Chilean Marriage Law has suffered a great change, as a result of the approval and application of the 2004, new Civil Marriage Law. One of the most relevant institutions brought in by the reform, has been the recognition of civil effects to the religious marriage, replacing the obligatory civil marriage system, used since 18 84, by the Anglo-Saxon protestant facultative system. This work gives a global vision of religious marriage in Chile, providing the context law backgrounds, pointing out the civil recognition system characteristics for marriages celebrated in ecclesiastics sees, indicating its requisites regulation, specially the religious institutions requirements of being a juridical person of Public Law, the legal procedure to the marriage celebration and civil effects production analysis.

The evolution of law in biopreparedness.

Science.gov (United States)

Hodge, James G

2012-03-01

The decade following the terrorist attacks on September 11, 2001, and ensuing anthrax exposures that same fall has seen significant legal reforms designed to improve biopreparedness nationally. Over the past 10 years, a transformative series of legal changes have effectively (1) rebuilt components of federal, state, and local governments to improve response efforts; (2) created an entire new legal classification known as "public health emergencies"; and (3) overhauled existing legal norms defining the roles and responsibilities of public and private actors in emergency response efforts. The back story as to how law plays an essential role in facilitating biopreparedness, however, is pocked with controversies and conflicts between law- and policymakers, public health officials, emergency managers, civil libertarians, scholars, and others. Significant legal challenges for the next decade remain. Issues related to interjurisdictional coordination; duplicative legal declarations of emergency, disaster, and public health emergency; real-time legal decision making; and liability protections for emergency responders and entities remain unresolved. This article explores the evolving tale underlying the rise and prominence of law as a pivotal tool in national biopreparedness and response efforts in the interests of preventing excess morbidity and mortality during public health emergencies.

The role of civil society organizations in the institutionalization of indigenous medicine in Bolivia.

Science.gov (United States)

Babis, Deby

2014-12-01

December 2013 marked a significant shift in Bolivia with the enactment of a law for the inclusion of indigenous doctors in the National Health System. This article traces the constellation of forces that led to the institutionalization of indigenous medicine in Bolivia. It identifies three factors contributing to this health policy change. The first factor is the crystallization of a strong indigenous movement fighting for the recognition of cultural rights through the foundation of civil society organizations. Second is the rise to power of Evo Morales, the first Latin American president of indigenous origin, who has promoted multicultural policies, formally supported through the promulgation of a new constitution. Lastly is the influence of the global acceptance of alternative medicine. Indigenous doctor organizations in Bolivia have been highly involved throughout the entire process of institutionalization and have played a crucial role in it. An analysis of the relationship between these civil society organizations and the Bolivian government reveals a strong partnership. This dynamic can be described in terms of Interdependence Theory, as each party relied on the other in the promotion and practice of the law to achieve the integration of indigenous medicine as part of the Bolivian Health System. Copyright © 2014 Elsevier Ltd. All rights reserved.

Participation of civil engineers in designing facilities in rock salt

International Nuclear Information System (INIS)

Duddeck, H.; Westhaus, T.

1990-01-01

For the design of underground facilities in rock salt layers or domes, as caverns for repositories, the civil engineering approach may be useful. The underground openings are analysed by determining the displacements and the stresses for actual states and hypothetical situations. The paper reports on the state of art in the development of suited time dependent material laws for rock salt, on time integration methods for the analysis, and on a possible procedure for a consistent safety analysis. The examples given include caverns filled by oil, analysis of a mine with vertical excavation chambers, and dams closing mine galleries. (orig.) [de

Civil liability in sports for commission merchant in Iran’s Law

OpenAIRE

Sead Hesam Bostani; Ali Ranjbar,; Seyed Mohsen Rosta,; Sead Jamal Bostani; Zahra Zare

2016-01-01

Law as a comprehensive knowledge has applications in multiple aspects of people’s lives and sports isn’t excluded from this realm as well. Lots of legal entities and natural persons are involved in sports that each one of them has a function and as a result of this it is possible that some liabilities arise for them. Today, some individuals under the title of manager hold the responsibility of guiding and directing several athletic organizations that a sports club manager is among them. Notin...

28 CFR 31.202 - Civil rights.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Civil rights. 31.202 Section 31.202....202 Civil rights. (a) To carry out the State's Federal civil rights responsibilities the plan must: (1) Designate a civil rights contact person who has lead responsibility in insuring that all applicable civil...

Decree-Law No. 426/88, 18 November 1988.

Science.gov (United States)

1988-01-01

A 1988 Decree-Law of Portugal facilitates preventative and remedial actions with respect to discrimination against women in the civil service. Under the Decree-Law, discriminatory admission and promotion practices are forbidden in all levels of the central administration, independent agencies, the social security administration, and regional administrations. Practices forbidden include those having an unintended discriminatory impact and all job-related differentiation based on sex, directly or indirectly, as in cases where reference is made to a woman's marital or family status. The Decree-Law guarantees equality of remuneration for male and female workers for equal work or work of equal value and prohibits restrictions based on sex in entrance examinations and job advertising. Practices not considered discriminatory include those designed to correct the imbalance between male and female employees and those undertaken to protect maternity. Moreover, work may be restricted that poses risks or the potential of risk to genetic functions and jobs may be conditioned on sex if sex is essential to the performance of the job. Major procedural provisions are as follows: 1) the burden of proving that a decision affecting the position of a female civil servant is justified and does not violate the law is placed on the public authority accused of practicing discrimination; 2) workers have the right to challenge any act of alleged discrimination and may be represented by the pertinent body of collective representation in any proceeding arising under the Decree-Law; 3) no worker may be punished or otherwise penalized for alleging discrimination; 4) directors or workers whose actions have been judged as discriminatory are subject to disciplinary proceedings; and 5) any administrative authority conducting an inquiry regarding alleged discrimination or adopting disciplinary measures in connection with unfounded allegations of the practice of discrimination must obtain from the

Rule of morality versus rule of law? A Multi-method comparative study into the values that characterize a good civil servant in China and the Netherlands

NARCIS (Netherlands)

Yang, L.

2015-01-01

This project answers the following research question: "Do the values that civil servants in China and the Netherlands regard important for being a good civil servant reflect the administrative traditions in both countries?" The findings show that civil servant value preferences do not unambiguously

Legal Liability of Civil Servants of Local Public Authorities in the Republic of Moldova

Directory of Open Access Journals (Sweden)

Natalia Saitarli

2015-08-01

Full Text Available In the working out of legal liability, there are a lot of published articles, collections and monographs nowadays which have got already some productive achievements. However, the notion of liability and its central problems have been controversial subjects for long years that create discussions and cause the necessity to elaborate some methodological questions. The legal liability is being determined as a duty “to be responsible“, “to account“. One of the results in the research is to determine that the legal liability has become the idea of “positive law responsibility“, under which we understand not the liability of the person who has committed an infringement of the law but vice versa a lawful behavior of the person who commits no law infringements. The goal of the given article is to regard the legal liability of civil servants of local public authorities in the Republic of Moldova because an efficient activity of the state (a good state government depends on the determination of concrete forms of the legal liability for the local public authorities.

5 CFR 842.405 - Air traffic controllers, firefighters, law enforcement officers, and nuclear materials couriers.

Science.gov (United States)

2010-01-01

... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Air traffic controllers, firefighters, law enforcement officers, and nuclear materials couriers. 842.405 Section 842.405 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL SERVICE REGULATIONS (CONTINUED) FEDERAL EMPLOYEES RETIREMENT SYSTEM-BASIC ANNUITY Computations ...

Civil War and Inoperativity

DEFF Research Database (Denmark)

Flohr, Mikkel

2017-01-01

This article analyses the penultimate publication in Giorgio Agambens Homo Sacer-series Stasis: Civil War as a Political Paradigm. It compares and contrasts the paradigm of civil war with the preceding paradigm of the exception, and identifies a significant displacement in the relationship between...... civil war and the sovereign state, in spite of Agamben’s insistence on their continuity. Agamben’s decoupling of civil war and the sovereign state facilitates novel political possibilities that unfortunately remain underdeveloped in the book. The article proceeds to develop Agamben’s brief intimations...... of inoperativity towards a concept of destituent power drawing on his other writings. It makes the argument for thinking civil war and inoperativity – stasis and stasis – together to derive a concept of destituent power as a form of revolution against the sovereign state, which does not constitute a new sovereign...

A case law survey of the Personality Assessment Inventory: examining its role in civil and criminal trials.

Science.gov (United States)

Mullen, Kacy L; Edens, John F

2008-05-01

Although professional surveys suggest that the Personality Assessment Inventory (PAI; Morey, 1991) is a popular instrument among forensic and correctional psychologists, relatively little is known about the specific types of legal cases in which it is applied, the particular types of questions it is used to address, or the extent to which its admissibility has been at issue in court cases. Using a comprehensive legal database, we surveyed all published U.S., Canadian, European, and Australian criminal and civil cases in which the PAI was administered. The PAI appears to be introduced by examiners in a wide variety of civil (e.g., child custody, personal injury) and criminal (e.g., insanity, competence) cases to aid in the assessment of a broad range of psychopathology. Additionally, the PAI seems to be used frequently to assess questions concerning potential dissimulation and response styles. Surprisingly, the admissibility of the PAI into evidence was never at issue in any of the cases reviewed.

Psychological Well-Being Among Women Who Experienced Intimate Partner Violence and Received Civil Legal Services.

Science.gov (United States)

Renner, Lynette M; Hartley, Carolyn Copps

2018-05-01

Intimate partner violence (IPV) victimization is often associated with negative mental health outcomes; yet, little is known about the psychological well-being of women who experience IPV and receive civil legal services. Civil legal services are not specifically designed to focus on women's mental health needs but Sullivan's Social and Emotional Well-Being Framework helps to explain why women receiving this type of formal assistance may demonstrate positive changes in psychological well-being. Using a panel study design and data from 85 women who experienced IPV and sought civil legal services, we examined women's psychological well-being over a one-year period of time. Approximately two thirds of the women received assistance from Iowa Legal Aid (ILA) for a civil protective order ( n = 56) and the rest were represented in a family law matter. We used measures of mental health (depression, posttraumatic stress disorder [PTSD]) and well-being (social support, resilience, goal directed thinking, empowerment). Our hypotheses that women would experience a decrease in mental health symptoms and an increase in well-being were partially supported. Women reported a decrease in depressive and PTSD symptoms over one year but there were no changes in their goal-oriented thinking or resilience. Implications for practice and future research are included.

22 CFR 208.920 - Civil judgment.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 1 2010-04-01 2010-04-01 false Civil judgment. 208.920 Section 208.920 Foreign...) Definitions § 208.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

34 CFR 85.920 - Civil judgment.

Science.gov (United States)

2010-07-01

... 34 Education 1 2010-07-01 2010-07-01 false Civil judgment. 85.920 Section 85.920 Education Office...) Definitions § 85.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

2 CFR 180.915 - Civil judgment.

Science.gov (United States)

2010-01-01

... 2 Grants and Agreements 1 2010-01-01 2010-01-01 false Civil judgment. 180.915 Section 180.915... § 180.915 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...

22 CFR 1006.920 - Civil judgment.

Science.gov (United States)

2010-04-01

... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Civil judgment. 1006.920 Section 1006.920...) Definitions § 1006.920 Civil judgment. Civil judgment means the disposition of a civil action by any court of... creates a civil liability for the complained of wrongful acts, or a final determination of liability under...