WorldWideScience

Sample records for civil law

  1. Preaching in the perspective of civil law

    Directory of Open Access Journals (Sweden)

    Piotr Kroczek

    2016-03-01

    Full Text Available Preaching the word of God is the part of the ministry of the divine word. The activity belongs exclusively to the Church and is regulated by the church law, but it is also under regime of Polish law. The article focuses on the Polish civil law and treats about: copyright law, the protection of secret information in labor law and in educational law, the obligation of silence before election day, and protection of personal interests. The catholic ministers must be aware of the civil liability for the preaching.

  2. Globalization of Constitutional Law and Civil Rights.

    Science.gov (United States)

    Weissbrodt, David

    1993-01-01

    Two issues are discussed: (1) reasons for raising global and international human rights issues in constitutional law, civil rights, and administrative law courses in United States law schools; and (2) barriers to globalization of courses and ways to overcome them. (MSE)

  3. 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...

  4. El proceso civil de "civil law": Aspectos fundamentales

    Directory of Open Access Journals (Sweden)

    Michelle Taruffo

    2006-01-01

    Full Text Available En este artículo el autor analiza los sistemas procesales civiles de civil law y de common law desmarcándose de las tradicionales contraposiciones que la doctrina ha acostumbrado utilizar para la explicación de las diferencias fundamentales existentes entre uno y otro modelo. En efecto, a partir de la constatación de la insuficiencia y en ocasiones inutilidad de estas explicaciones para describir la situación actual de ambos modelos procesales, ensaya el autor un discurso que termina por dar luz a la evolución experimentada por estos sistemas y que, como bien apunta, se ha traducido en un acercamiento que se manifiesta de diversas formas como se ocupa de explicarIn this article the author analyses the procedural law systems of civil law and common law outlining the traditional objections that the doctrine is accustomed to using to explain the existing fundamental differences between one and the other model. In fact, it is from the constatation of the insufficiency and, in occasion the uselessness of these explanations in describing the actual situation of both procedural models, that the author attempts a discourse that in the end sheds light on the evolution experienced by these systems and, as he clearly indicates, has translated into an approximation that manifests in different forms

  5. CIVIL LIABILITY IN ENVIRONMENTAL LAW

    Directory of Open Access Journals (Sweden)

    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

  6. 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...

  7. DOCTRINAL FOUNDATIONS OF PLURALITY OF PERSONS IN CIVIL LAW

    Directory of Open Access Journals (Sweden)

    Yermolayev A. A.

    2014-04-01

    Full Text Available The article examines the theoretical basis of the multiplicity of individual and joint ownership of civil rights and conscientious objection to civilian duties. The author explores the state of development of scientific problems of completely plurality of persons in civil law, proves the necessity to consider the multiplicity not through teaching about the object of civil rights, but through the subject of civil rights

  8. Handbook for Military Justice and Civil Law

    Science.gov (United States)

    1997-03-01

    and normally require more time to develop; therefore, it may be more prudent to utilize black-and-white film . Polaroid prints offer instant review to...camera used (e.g., type, settings, film , lighting conditions, time of day, persons depicted, and name and address of photographer). In cases of...8217 and Sailors’ Relief Act of 1940, 50 U.S.C. App. 501-591 [hereinafter SSCRA] which is largely a reenactment of the Soldiers’ and Sailors’ Civil

  9. Legal Officer Civil Law Study Guide

    Science.gov (United States)

    1991-06-01

    it may be more pr&udent to utilize black-and-white film . Pnlaroid prints offer instant review to ensure that the desired picture is obtain-ed, hut...dimensions. The investigative report should include the negatives plus complete tichnical rdetails relating to the camera tused (e.g., type, settings, film ...Act or the Act] which is- largely a reenactment of the Soldiers’ and Sailors’ Civil Relief Act of -1918. Except for specific relief provisions deemed

  10. Criminal law repercussions on the Civil Protection System

    Science.gov (United States)

    Altamura, M.; Musso, L.

    2009-09-01

    The legal systems of our Countries provide the citizenship with a high level of protection. Personal safety and the protection of property are guaranteed by the State through organized structures among which we can include the Civil Protection. The progress of science and technology has greatly improved monitoring tools, currently used by the Civil Protection, which allow, to a certain extent, to predict and prevent risk and natural hazards. The assertion of an individual right, which in some cases has reached a constitutional rank, to benefit from Civil Protection services and the widespread perception throughout the citizenship of the competence of the system to prevent disasters, often causes people to take legal action against Civil Protection authorities should they fail in their duties to protect. However, the attempt of having both recognized an economic compensation for the suffered loss and the punishment of those whom misled, frequently undergoes criminal law. This process could have results that may jeopardize the effectiveness of Civil Protection service without meeting citizens’ demands. A dual effort is thus necessary in order to solve such a problem. On the one hand, an interdisciplinary knowledge needs to pervade criminal law in an attempt to relieve its self-referentiality and pretended supremacy. On the other hand an alternative, and more agile, system -such as civil or administrative law- has to be identified in order to respond to the legitimate requests for protection in the case of a faulty behaviour of the authorities.

  11. FORMS OF MANIFESTATION OF PLURALITY OF PERSONS IN CIVIL LAW

    Directory of Open Access Journals (Sweden)

    Ilyushnikov S. M.

    2014-09-01

    Full Text Available In the article we have investigated the multiplicity of civil law. The author distinguishes different types of plurality of persons and presents a detailed analysis of the stops on the relations arising from a simple partner-ship agreement as a form of plurality of persons

  12. Inheritance Law between Common and Civil Law - As exemplified by life-long support contracts

    Directory of Open Access Journals (Sweden)

    Jadranka Đorđević-Crnobrnja

    2016-02-01

    Full Text Available The dualism between common law and civil law in Serbia has been examined in theoretical and factographical ethnological and legal literature, yet this problem in the sphere of inheritance law has been considered mostly within the context of inequality between the sexes in matters of inheritance. As a result, the question of the connection between life-long support contracts and inheritance remains unexplored, despite the fact that through the analysis of inheritance practices based on this kind of contract the influence of socio-cultural mechanisms on the institution of inheritance can be clearly observed. These insights, together with the fact that a dualism and parallelism of civil and common have existed in Serbia for more than a century, have inspired an analysis of life-long support contracts in order to problematize the relation between common law and civil law in practice.

  13. Civil Law Obligations in the Financial Law Regulations A seminar at the Faculty of Law and Administration, Torun, 24 March 2015

    Directory of Open Access Journals (Sweden)

    Mirosław Bączyk

    2015-06-01

    Full Text Available The problem, which is examined in the study, is the legal way of creation of civil law obligations. Civil law obligations are created by civil law transactions (especially by contracts. There is the question, if civil law obligations can be created directly by the legal regulations? This issue is important for the legal and financial relations between the Treasury, local government and other legal persons.

  14. Leasing and legal culture : towards consistent behaviour in tax treatment in civil law and common law jurisdictions

    NARCIS (Netherlands)

    Mosquera Valderrama, Irma Johanna

    2007-01-01

    Dit proefschrift bevat een historisch rechtsvergelijkende studie naar het fenomeen leasing als een 'commmon law' concept ontwikkeld in de Verenigde Staten dat is getransplanteerd naar de 'civil law' landen Colombia, Frankrijk en Nederland. Bovendien verschaft dit proefschrift aanbevelingen met betre

  15. On the Enforcement of Specific Performance in Civil Law Countries

    DEFF Research Database (Denmark)

    Lando, Henrik; Rose, Caspar

    2003-01-01

    Abstract:Proponents of specific performance as a remedy for breach ofcontract have found support in the alleged use of the remedy inCivil Law countries. However, we provide evidence that specificperformance is in fact a rare remedy in Denmark, Germany andFrance, and under CISG, when performance...... 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...

  16. Informal networks and interstitial arenas of power in the making of civil society law in Serbia

    OpenAIRE

    Mikuš Marek

    2015-01-01

    This paper adopts an anthropological perspective on law to examine the social processes surrounding the making of a set of recent civil society laws in Serbia. In line with the dominant liberal assumptions about civil society involvement as a way of making policy- and law-making more representative and democratic, there has been significant civil society participation in these legal reforms. Their stated aim was to bring greater ‘efficiency’ and ‘transparen...

  17. Substantive rules of argumentation for value judgment in civil law:In the context of academic practice of civil law in China

    Institute of Scientific and Technical Information of China (English)

    WANG Yi

    2006-01-01

    Value judgment is at the core of civil law.This paper explores how scholars of civil law reach mutual understanding and consensus on specific value judgment by rational discussion in the context of multiple value orientation.Based on a brief evaluation of the theory of legal argument and with the basic value consensus of Chinese civil law scholars as the premise,this paper proposes two substantive rules of argumentation for scholars of civil law to discuss value judgment:First,a strong of equal treatment should be carried out in the absence of sufficient and justified reasons or otherwise;Second,the freedom of civil subject should not be restrained in the absence of sufficient and justified reasons or otherwise.To reach mutual understanding,and on the basis of that to reach new consensus on specific value judgment further,scholars of civil law should base their discussions on substantive rules of argumentation for value judgment,follow rules and forms of argumentation as procedural techniques,and apply proper methods of argumentation.This paper also explores the application of substantive rules of argumentation on two specific value judgment issues of civil law scholars.

  18. Features of the Civil Law Procedure for Protection against Discrimination

    Directory of Open Access Journals (Sweden)

    Dr.Sc. Agim Nuhiu

    2014-02-01

    Full Text Available The prevention and protection against discrimination shall be applicable for all natural and legal persons in the process of exercise of the rights and freedoms guaranteed with the Constitution and the legislation of the Republic of Macedonia. The person considering that some right has been infringed because of discrimination is entitled to submit a lawsuit in front of a competent court. The provisions from the Law on litigation procedure are adequately applied for the procedure. A civil action is commenced with the filing of a complaint. The plaintiff must file the complaint with the court. The complaint must set forth the claims and the legal basis for discrimination. In the procedure for protection against discrimination, besides the court for general local jurisdiction, the court in whose area is the seat, or the residence of the plaintiff, also has local jurisdiction.

  19. 民法现代化抑或经济法的兴起--民法与经济法分野之争%Civil Law Modernization or Economic Law Rise---Division Dispute on Civil Law and Economic Law

    Institute of Scientific and Technical Information of China (English)

    丁国民

    2013-01-01

    Developing from free competition to monopoly ,civil law’s three main principles ,ie abso-lute property ,freedom of contract and fault liability ,are being challenged .The result of the active re-sponse from the civil law field to the challenge is theoretical innovation of civil law modernization . However ,the civil law modernization theory has put civil law itself in danger of self-denial .In re-sponse ,the economic law rise just undertakes the burden that civil law cannot bear ,and has become an important legal department for the state to adjust society and economy in the modern market economy .%随着自由竞争发展到垄断,近代民法的所有权绝对、契约自由和过失责任的三大原则受到挑战,民法学界积极回应这种挑战的结果便是民法现代化理论的创新。然而,民法现代化理论使得民法自身陷入自我否定的危险境地。对此,经济法的兴起刚好承接了民法现代化无法承受之重,成为现代市场经济下国家调节社会经济的重要法律部门。

  20. General Principles of the Civil Law of the People’s Republic of China

    Institute of Scientific and Technical Information of China (English)

    1994-01-01

    In this issue we will introduce readers to the General Principles of the Civil Lave of the People’s Republic of China, which was adopted at the Fourth Session of the Sixth National People’s Congress, promulgated by order No.37 of the President of the People’s Republic of China on April 12, 1986, and effective as of January 1, 1987.This law was formulated according to the constitution and the actual situation in our country, drawing upon our practical experience in civil actirities,for the purpose of protecting the lawful civil rights and interests of citizens and legal persons and correctly adjusting civil relations,so as to meet the needs of the developing socialist modernizationThe Civil Law of the People’s Republie of China has 156 articles and 9 chapters. The chapters are:1) Basic Principles;2) Citizen (Natural Person); 3) Legal Persons; 4) Civil Law and Agencies; 5)Civil Rights; 6) Civil Liability; 7) Limitations of Action; 8) Application of Law in Civil Relations with Foreigners; and 9) Supplement

  1. Possession as an institute of civil law in Kosovo

    Directory of Open Access Journals (Sweden)

    Kaltrinë Haliti

    2016-03-01

    Full Text Available Social interest and main aim of this paper is to introduce a proper problematic of this institute, given that after the war in Kosovo, numerous usurpations have occurred. A vast number of related cases are pending to be solved which at first impression seem to be unimportant. However, having such cases unsolved which are deliberately categorized as proceedings of an urgent need by the legislator, frequently resulted with serious consequences as well as commission of major crimes. Today, the approach that obstruction of possession is a factual power over an item prevails, which provides a legal contribution pursuant to law and enjoys civil-legal protection. A crucial legal contribution of possession is its court protection in case of obstruction by unlawful self-judgment. Possession also enjoys independent protection of a right over an item. Given that possession itself is not a right whatsoever, herewith we may conclude that obstruction of possession constitutes infringement of no rights. However, should the obstruction to possession is committed violently, such possession constitutes the right’s infringement provided that every violent act is unlawful, and thus it is correctly protected by an interdict claim.

  2. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

  4. 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.

  5. 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…

  6. Contracts with protection duties. A propos of Constitutional and Civil Law connection

    Directory of Open Access Journals (Sweden)

    Rómulo Morales Hervias

    2013-12-01

    Full Text Available This essay examines protection duties arising under a contract. Its doctrinal and comparative case-law development is very broad. In Peru, national doctrine has studied it from case-law specific cases. The purpose ofthis study is to develop the analysis of autonomy of these duties towards main and secondary obligations arose under contracts in order to give legal bases not only from Civil Law but also from Constitutional Law perspective.

  7. The Distinction between Civil and Criminal Law: A Lesson Plan for High School Law-Related Educators To Support "Understanding the Federal Courts."

    Science.gov (United States)

    Administrative Office of the United States Courts, Washington, DC.

    The O. J. Simpson trials taught much of the United States a basic lesson in the difference between criminal law and civil law. Many students learn in their government classes that a person cannot be tried twice for the same crime. A person found innocent in a criminal trial, however, can be sued under civil law procedures for damages. It is…

  8. Civil and common law influences on the Danish auditor's responsibilities in relation to fraud

    DEFF Research Database (Denmark)

    Holm, Claus

    2014-01-01

    the twentieth century were conditioned by the central legislative role of the Danish state combined with a hands-off approach to enforcing new law provisions. While the organising role of the state was consistent with the Roman civil law tradition, the implications of legislative absences, and later provisions...

  9. [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.

  10. Does Law no. 202/2010 Ensure the Acceleration of the Civil Matters’ Settlement?

    Directory of Open Access Journals (Sweden)

    Alexandrina ZAHARIA

    2011-03-01

    Full Text Available In this paper we are trying to offer those practicing law a theoretical and practical approach of some dispositions in Law 202/ October 25, 2010 regarding some measures to accelerate the adjudication of matters, known as the Law on the Small Justice Reform, that amended and completed the Code of Civil Procedure. The law on accelerating justice was adopted only three months and 11 days after the New Code of Civil procedure was published. This law is important due to the content of some dispositions regarding certain institutions of civil procedural law, that have the role intended by the Romanian legislator, to accelerate the determination of matters, institutions that are not found in the New Code. The reform (change in the Romanian civil trials took into consideration the respect of some principles such as the access to justice, equality of the parties in civil lawsuits, the right to due and fair trial as well as the fact that any reform has to guarantee that the judicial system is efficient, answers the necessity of transparency and democracy. Still, the application of the new dispositions of civil procedure, beginning with Law no. 59/1993 and until the coming into force of law on accelerating the determination of matters, namely the past 17 years, the amendments brought to the Code of Civil procedure have not always been beneficial for the Romanian litigant by the fact that they determined different interpretations leading thus to a non unitary judicial practice even within the same institution. The present law is not safe either from critics that some theoreticians and practitioners of law have expressed, being interested in accomplishing the purpose the Romanian legislator has set in that law. In this paper, the authors aim at analyzing the impact of the abovementioned law, regarding the material competence of the tribunal in trials and the requests regarding claims with the object of payment up to 2000 lei; adjudicating the objection to

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

    Directory of Open Access Journals (Sweden)

    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.

  12. Punitive damages in brazilian law and the boundaries between criminal and civil liabilities

    OpenAIRE

    2009-01-01

    This article demonstrates the existence of civil responsibility with punitive purposes in Brazilian Law, explaining how it was introduced by jurisdictional activity in cases involving moral damages. Next, it points out main problems this situation represents to Brazilian Law from the standpoint of our juridical dogmatics and public policies. Additionally, it proposes the execution of an empirical research for comprehension of the structure and fundamentals of jurisprudence on t...

  13. Liability for Sexual Harassment Involving Students under Federal Civil Rights Law.

    Science.gov (United States)

    Beckham, Joseph

    1995-01-01

    Discusses school district liability for sexual harassment under two provisions of federal law that are typically invoked as alternative bases for liability for sexual harassment: Title IX of the Education Amendments of 1972 and Section 1983 of the Civil Rights Act of 1964. (78 footnotes) (MLF)

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

    Directory of Open Access Journals (Sweden)

    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.

  15. [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.

  16. Brief Discussions on "Individuals" in the Modern Civil Law%论民法中的“人”

    Institute of Scientific and Technical Information of China (English)

    耿颖

    2012-01-01

    法律围绕着"人"展开,在过程中处处体现了对"人"的思考和关注,又最终服务于"人"并更好地规制整个社会,民法也是如此。作为一部私法,民法体现了对私权和自由的追求,不管是强调人的自私、理性,还是对弱者进行特殊照顾,都应回到人性解放的最终目的。而在民法的探索和反思过程中,意思自治原则仍然是民法的核心精神。%Law centers around "individuals". The whole process of legislation and legal practice on one hand reflect all-around the thinking and focus on the "individuals", on the other hand they serve the "individuals" and society eventually, and civil law is no exception. As a private law, civil law embodies the pursuit of private rights and freedom. Whether emphasizing the selfishness and rationality of the individuals, or giving special help to the week, civil law has to return to the ultimate goal of humanity liberation. Besides, in the exploration and rethinking of civil law, the principles of autonomy of will still remains the core spirit of civil law.

  17. 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.

  18. 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 accu

  19. [Professional civil responsibility of physicians: towards a modification of the law in the year 2000?].

    Science.gov (United States)

    Thiry, E

    2000-09-01

    For more than twenty years, physicians, lawyers, insurers and patients stress the wrong working of civil medical liability in our country. After surveying the most important slacknesses of the current system, the author examines the answers or proposals on the one hand of the jurisprudence and on the other hand of the governing authorities and finally of the scientific sector. The study emphasizes also the current community of interest which leads to implementation of a new law which content is however difficult to define. At last, the author tries to show the most clearly expected modifications and suggests also some practical pieces of advice regarding the evolution of the jurisprudence.

  20. 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.

  1. 民法总则如何反映民事权利?%How General Principles of Civil Law Reflects Civil Right?

    Institute of Scientific and Technical Information of China (English)

    崔建远

    2015-01-01

    Although General Principles of Civil Law is not suitable to adopt a linear listing of regula⁃tions of property ownership right, rights related to the former such as property right, creditor ’s rights, intellectual property, right of inheritance, it can not transfer completely all the civil right regu⁃lation to the compilation of each individual principle but sets up a general regulation of civil right, whose regulation range should be restricted by the system and the content of each chapter, by the content regulated by the civil code and by the idea and guiding thought pursued by the civil code. Civil code should not only require the establishment and implementation of civil right not be against the public order and good custom, follow principle of being honest and trustworthy, but also set up regulations about the composition, types and efficacy of expectation right and debate right. Even if General Principles of Civil Law or civil code can not include all the civil rights, they cannot advo⁃cate blindly“Everything is permitted, which is not forbidden by law”.%民法总则虽然不宜再沿用民法通则一字排开地规定财产所有权、与财产所有权有关的财产权、债权、知识产权、继承权等类型,但并不可将民事权利的规范完全交给民法典的各分则编,而是应当设置民事权利的一般规则,其规范范围受制于民法总则的体系及其章节内容,受制于民法典所规制的内容,受制于民法典奉行的理念、指导思想。民法总则不但应规定民事权利的设立及行使不得违背公序良俗原则,应当遵循诚实信用等原则,而且应就期待权、抗辩权的构成、类型、效力等内容设置必要的规范。即使民法总则乃至民法典无法将所有的民事权利规范收拢在怀,也不可盲目地高倡“法不禁止即自由”。

  2. PROTECTION OF RIGHTS UNDER RUSSIAN CIVIL LAW IN A COMPARATIVE CONTEXT

    Directory of Open Access Journals (Sweden)

    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.

  3. [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.

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

    Directory of Open Access Journals (Sweden)

    Ahmad Zare

    2016-03-01

    Full Text Available 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. Noting the professionalization of sports and the extensive attendance of individuals and specifically teens and the youth and also professional athletes in the athletic arena of the country the responsibility of these persons is so heavy since they should direct the whole agents and the subordinates or subdivisions of the sports clubs in several types of sports and age groups until they reach a decent result. If the sports clubs’ managers don’t fulfil their duties and/or fail in their duties or carry out improvident actions and in this alignment any accident happens for persons or they undergo any harm, they will be accountable. There are multiple ways to compensate for the losses that one of which is making use of insurance. Sports clubs managers can create peace of mind for themselves and others by using civil liability insurance and in case of occurrence of any liability make use of it. Expansion and development of Sports and Athletics rights specifically scrutinization of the civil liability in sports will lead to the exaltation and development of sports in Iran.

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

    Directory of Open Access Journals (Sweden)

    Sead Hesam Bostani

    2016-06-01

    Full Text Available 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. Noting the professionalization of sports and the extensive attendance of individuals and specifically teens and the youth and also professional athletes in the athletic arena of the country the responsibility of these persons is so heavy since they should direct the whole agents and the subordinates or subdivisions of the sports clubs in several types of sports and age groups until they reach a decent result. If the sports clubs’ managers don’t fulfill their duties and/or fail in their duties or carry out improvident actions and in this alignment any accident happens for persons or they undergo any harm, they will be accountable. There are multiple ways to compensate for the losses that one of which is making use of insurance. Sports clubs managers can create peace of mind for themselves and others by using civil liability insurance and in case of occurrence of any liability make use of it. Expansion and development of Sports and Athletics rights specifically scrutinization of the civil liability in sports will lead to the exaltation and development of sports in Iran.

  6. Research on Duty to Rescue in Tort Law in the Civil Law System%大陆法系侵权法上救助义务研究

    Institute of Scientific and Technical Information of China (English)

    陈清

    2012-01-01

    大陆法系的绝大多数国家在刑法上都完成了"恶撒玛利亚人法"的制定,确立了人们应对他人承担一般救助义务的立法模式。但由于"好撒玛利亚人法"的缺失,势必会使人们在施救时产生种种疑虑与担心,进而严重影响到救助义务规定的法律实效。尽管《法国民法典》也是如此,但法国人在司法实践中形成的一些著名判例,对欧洲大陆其他国家还是产生了积极的影响。%Most countries in the Civil Law System have stipulated Bad Samaritan Law in their criminal law regulating that one should assume a general duty to rescue. However, for the lack of Good Samaritan Law, concerns and worries would arise when people rescue others, which would severely affect the implementation of the rule on duty to rescue. The Good Samaritan Law is lacking in the French Civil Code, nevertheless some classic cases in their judicial practice have constructive effects on other continental nations.

  7. 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)

  8. Radbruch Redux : The need for revisiting the conversation between common and civil law at root level at the example of international criminal justice

    NARCIS (Netherlands)

    Bohlander, Michael

    2011-01-01

    International criminal justice is based to a large extent on extrapolations from criminal-law research on domestic systems. The difficult exercise of arriving at a common denominator is exacerbated by the systemic dichotomy of the so-called common-law and civil-law models, which, in turn, have now b

  9. The French Law Statutes-the Civil Law and the Influx of Modern West Civil Law and Its Terminology%《法国律例·民律》与近代西方民法及其术语的输入

    Institute of Scientific and Technical Information of China (English)

    万齐洲; 赖丽娴; 蒋炜

    2015-01-01

    《法国律例·民律》是法国传教士毕利干及其助手译介到中国的第一部近代西方民法著作。该书介绍了平等、自愿、诚实信用等近代西方民法的基本原则,也让中国人了解到许多与传统法律不尽相同的法律规定,并译定了一批民法学术语。由于汉语水平的限制,《法国律例·民律》晦涩难懂的语言严重制约了该书的流传。但是,《法国律例·民律》对于近代中国社会的影响,仍然值得我们予以关注。%The French Law Statutes—the Civil Law was the first book on modern west civil law which was translated by Anatole Bille-quin and his assistant. The book introduced some key principles about modern west civil law such as equality,voluntary,honesty,and credibility,helped the Chinese learn a lot about legal laws and regulations which were different from the traditional,and translated much terminology on civil law. Though the spread of The French Law Statutes—the Civil Law was limited by the poor Chinese transla-tion,the effect of The French Law Statutes—the Civil Law on modern China is still worth our attention.

  10. SOME LEGAL ISSUES ABOUT SOLE EXECUTIVE BODY OF THE LEGAL ENTITY IN THE CONTEXT OF THE REFORM OF THE CIVIL LAW

    Directory of Open Access Journals (Sweden)

    Rudenko E. Y.

    2014-09-01

    Full Text Available In this article the author analyzes the changes in the Civil Code of the Russian Federation concerning the legal status of the sole executive body of the legal entity and the ability of several sole executive bodies to operate in the legal entity, which allows noting its value for law enforcement practices and the improvement of civil legislation

  11. A legal study of the work of Vargas Llosa from the perspective of civil law

    OpenAIRE

    2016-01-01

    Lectura jurídico-civil de la novela "La tía Julia y el escribidor", de Mario Vargas Llosa. Esta novela se presta a una lectura desde la óptica del Derecho civil que puede ser muy sugerente, prestándose a un repaso de diversas instituciones jurídico-privadas y de su reflejo en la novela. Universidad de Málaga. Campus de Excelencia Internacional Andalucía Tech.

  12. 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 c

  13. Nation Building and the Rule of Law: Lessons from the Civil Rights Movement

    Science.gov (United States)

    2006-10-23

    establish new power relationships with each other, yet all too often it is easiest to focus solely on the national level. Just as the Civil Rights...prevent interracial contact142-Nov – FBI finally gets all voter registration records originally requested in 1959143 -Sep, investigators from the

  14. 民法的法源与法学方法%On Relationship between Sources of Civil Law and Its Legal Methods

    Institute of Scientific and Technical Information of China (English)

    姚辉; 段睿

    2012-01-01

    The traditional theory insists that the sources of law ries, which is not related to the legal methodology, but this unders only come down to the scope of legislation theo- tanding is mostly associated with the position of traditional legal theory to the sources of law, which is not necessarily accurate in terms of legal methodology. Actually, the sources of civil law is not only an important issue of foundation theory on civil law but also the prerequisite judgement of civil law methodology, which is the starting point of research on civil law methodology.%传统理论认为法源问题跟方法论并无关联,其只能被归结于立法论的范畴,但这种理解多半跟传统法学理论对法源的定位有关,在方法论的角度来看未必准确。实际上,民法的法源不仅是民法基础理论的重要问题,更是民法方法论的前提性判断,是研究民法方法论的起点。

  15. 论同性结合的民法规范%On Civil Law Regulations on the Same -Sex Union

    Institute of Scientific and Technical Information of China (English)

    熊金才

    2012-01-01

    With respect to the same - sex union, the change by civil laws has lasted for thousands of years. The evolvement is of regulations by criminal laws to regulations the product of social change, cultural diver- sity, values innovation and knowledge enrichment about homosexuality, accompanied by decriminalization and normalization of the same - sex union. However, different countries have different legislative techniques civ- il laws, so rights and obligations to the same - sex union are regulated differently, indicating diversified juris- prudence, values and cultural compatibility. In our country where the culture is conservative and family - cen- tered, and laws involve more moral factors, the social environment for the same - sex union is distinct. Thus the pertinent civil law regulations shall adapt to the legal and cultural path of our country.%同性结合由刑法规范至民法规范的跨越经历了数千年历程,是社会发展、文化多元、观念变迁及人类对同性恋认知深化的产物和同性结合去罪化、去病化至正常化发展的结果。但各国同性结合民法规范的立法技术不同,对同性结合权利义务的规定有别,其中蕴涵着不同的法理和价值取向,具有各自的文化适应性。我国是一个文化单一、法律道德化和家中心理念深厚的国家,同性结合生存的社会环境不同,同性结合之民法规范应当选择适合于我国法律和文化的路径。

  16. 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.

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

    Directory of Open Access Journals (Sweden)

    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.

  18. 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...

  19. 论民法法益本体及其制度化应用%The Noumenon and Systematic Application of Legal Benefits of Civil Law

    Institute of Scientific and Technical Information of China (English)

    关永红; 陈磊甲

    2009-01-01

    广义民法法益是指所有值得为民法所保护的利益,包括已为民法所保护之利益和应为民法所保护之利益两部分;狭义上是指民事权利之外的已为或应为民法所保护之利益,包括为民法所保护的非权利化利益和应为民法所保护之利益两部分.在此基础上,民法法益具有四种制度应用,即一般人格法益、胎儿法益、死者法益和社会发展过程中产生的其它法益.司法实践中,民法法益的充分保护较多借助于法官的自由裁量和对法律原则的解释.%In this paper, legal benefits of civil law in broad sense refer to all the benefits which deserves civil law protection, and it is the benefits that the civil law protected or should protect rather than the civil right in narrow sense. Moreover, this paper discussed some applications of legal benefits of civil law: the legal benefits of general personality, the legal benefits of fetus, the legal benefits of the dead and the developing legal benefits. Then, the protection of legal benefits of civil law largely depends on the explanation to legal principles and the discretion of judge.

  20. 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.

  1. Death by homeopathy: issues for civil, criminal and coronial law and for health service policy.

    Science.gov (United States)

    Freckelton, Ian

    2012-03-01

    Homoeopathy has a significant clinical history, tracing its roots back to Hippocrates and more latterly to Dr Christian (Samuel) Hahnemann (1755-1843), a Saxon physician. In the last 30 years it has ridden a wave of resurgent interest and practice associated with disillusionment with orthodox medicine and the emergence of complementary therapies. However, recent years have seen a series of meta-analyses that have suggested that the therapeutic claims of homeopathy lack scientific justification. A 2010 report of the Science and Technology Committee of the United Kingdom House of Commons recommended that it cease to be a beneficiary of NHS funding because of its lack of scientific credibility. In Australia the National Health and Medical Research Council is expected to publish a statement on the ethics of health practitioners' use of homoeopathy in 2013. In India, England, New South Wales and Western Australia civil, criminal and coronial decisions have reached deeply troubling conclusions about homoeopaths and the risk that they pose for counter-therapeutic outcomes, including the causing of deaths. The legal decisions, in conjunction with the recent analyses of homoeopathy's claims, are such as to raise confronting health care and legal issues relating to matters as diverse as consumer protection and criminal liability. They suggest that the profession is not suitable for formal registration and regulation lest such a status lend to it a legitimacy that it does not warrant.

  2. Principles of European Family Law Regarding Divorce – Special View over The Romanian Civil Code

    Directory of Open Access Journals (Sweden)

    Anca-Monica Ardeleanu

    2013-08-01

    Full Text Available This paper aims to discuss the harmonization of family regulations at European level and also to analyze to what extent the Principles of European Family Law regarding Divorce have been included in the family regulations at national level. In order to reach the objectives, there were two research methods that have been used: document analysis and comparative research. At European level there is no definition of “family” and this fact makes the concept of family very difficult to define. Considering the various sociological, anthropological, historical and religious factors, the definition and the meaning attributed to this institution differs from state to state. The analysis has revealed that in the last decade there is a growing interest for harmonization in the field of family law. It has also revealed that, at national level, steps have been made in order to integrate the European principles in the national regulations. The importance of this study is that has provided detailed information of the European norms and also a thorough analysis about the national regulation and the improvements that can be made.

  3. 试述推进科学文明执法的对策%A Discussion on Promoting Scientific and Civilized Law En-forcement

    Institute of Scientific and Technical Information of China (English)

    陈继伟

    2009-01-01

    文章以科学发展观为理论基础,指出交通科学文明执法要适应社会发展的新要求,通过对玉林市交通科学文明执法所面临的问题进行分析,提出了推进交通科学文明执法的相关对策.%Based on the Scientific Concept of Development,the article points out that the scientific and civilized law enforcement needs to catch up with the development of society. Through the analysis on the problems that exist in law enforcement of transportation industry in Yulin,the article also provides related countermeasure to promote the scientific and civilized law enforcement.

  4. Trust as e Relationship Treated by Common Law Legal Systems and as a Relationship Treated by Civil Law Legal Systems. Things in Common and Comparison between the Two Systems

    Directory of Open Access Journals (Sweden)

    Nertila Sulçe

    2015-06-01

    Full Text Available Inheritance relationships are born when the ownership was born and will exist as the property’s right herself. Inheritance is an ancient institution recognized by the Roman law in the Twelve Tables (303 BC in which the testamentary right was given priority.Roman law had a well-developed concept of the trust (fideicommissum in terms of "testamentary trusts" created by wills but never developed the concept of the inter vivos (living trusts which apply while the creator lives. Trusts have existed since Roman times and have become one of the most important innovations in property law. A trust is a relationship whereby property is held by one party for the benefit of another. A trust is created by a settlor (the person who creates the trust, who transfers some or all of his or her property to a trustee (a person either an individual, a corporation or more than one of either who administers a trust.The trustee holds that property for the trust's beneficiaries (a beneficiary is anyone who receives benefits from any assets the trust owns. Personal trust law developed in England at the time of the Crusades, during the 12th and 13th centuries.The trust relationship was created by later common law jurisdictions. Trusts play a significant role in most common law systems, and their success has led some civil law jurisdictions to incorporate trusts into their civil codes. In this article we will discuss trust’s treatment as a relationship in the common law system, his characteristics and development.We will analyse the trust’s treatment relationship in the civil law system, the differences and things in common between these two systems.

  5. Trust as e relationship treated by common law legal systems and as a relationship treated by civil law legal systems. Things in common and comparison between the two systems.

    Directory of Open Access Journals (Sweden)

    Nertila Sulçe

    2015-10-01

    Full Text Available Inheritance relationships are born when the ownership was born and will exist as the property’s right herself. Inheritance is an ancient institution recognized by the Roman law in the Twelve Tables (303 BC in which the testamentary right was given priority.Roman law had a well-developed concept of the trust (fideicommissum in terms of "testamentary trusts" created by wills but never developed the concept of the inter vivos (living trusts which apply while the creator lives. Trusts have existed since Roman times and have become one of the most important innovations in property law. A trust is a relationship whereby property is held by one party for the benefit of another. A trust is created by a settlor (the person who creates the trust, who transfers some or all of his or her property to a trustee (a person either an individual, a corporation or more than one of either who administers a trust.The trustee holds that property for the trust's beneficiaries (a beneficiary is anyone who receives benefits from any assets the trust owns. Personal trust law developed in England at the time of the Crusades, during the 12th and 13th centuries.The trust relationship was created by later common law jurisdictions. Trusts play a significant role in most common law systems, and their success has led some civil law jurisdictions to incorporate trusts into their civil codes. In this article we will discuss trust’s treatment as a relationship in the common law system, his characteristics and development. We will analyse the trust’s treatment relationship in the civil law system, the differences and things in common between these two systems.

  6. 民诉法修订对民事检察监督的影响及应对%Influence on Civil Prosecutorial Supervision by the Revision of Civil Procedure Law and Countremeasures

    Institute of Scientific and Technical Information of China (English)

    顾然; 王福兴

    2014-01-01

    The revised Civil Procedure Law involves a wide range and has rich content ,especially with great revision in the field of civil prosecutorial supervision , which improves the function of civil prosecutorial supervision and brings good development opportunities to the grass -roots civil procuratorial work as well as serious challenges .We should construct a mechanism of civil prosecutorial dropping of lawsuits and reconciliation so as to resolve disputes scientifically and reasonably ,safeguard the interests of the parties ,and create a harmonious society .%修订后的民事诉讼法涉及面广、内容丰富,特别在民事检察监督领域修改颇多,完善了民事检察监督职能,给基层民事检察工作带来了良好的发展机遇,也带来了严峻的挑战。应构建民事检察息诉和解机制,以科学合理地解决纠纷,维护当事人利益,创造和谐社会。

  7. 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...... scanning, etc., to discussions of Shari'a law versus common civil law in India; from the study of religious cult in ancient city states to the processes of constitutional reconstruction in former Communist countries; and from attempts at conflict resolution and prevention between Jewish and Arab citizens...... 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...

  8. Study on the Codification of Civil Law from the Angle of Judicial Activism%从能动司法论民法法典化

    Institute of Scientific and Technical Information of China (English)

    潘丽文

    2015-01-01

    民法法典化的主要意义有二:一是构造逻辑严密而不出现任何冲突的法典从而实现法典适用的“自动化”,进而实现立法权统一于国家立法机关的目的;二是更好地维护、实现民事主体的合法权益。而无疑后者才是民法法典化最终的价值所在。但能动司法的客观存在,使这两者都似乎难以成立。从传统的法治理念来看,法典化与能动司法似乎无法共存。但若深入分析,尤其是就我国的法治实情而言,若要体现更好地维护、实现民事主体的合法权益的宗旨,实现社会的法治化,民法法典化与能动司法两者缺一不可。%The main significance of codification of civil law there are two: one is the structural logic without any conflict of law so as to realize the code for “automatic”, so as to realize the legislative power in state legislatures; one is to better safeguard the legitimate rights and interests of the civil subject. And the latter is the final value of the codification of civil law. But the objective existence of judicial activism, makes both of these seems so difficult to set up. From the perspective of the traditional concept of the rule of law, law and judicial activism seems unable to co-exist, but if further analysis, especially on the rule of law in China ’s situation, To achieve better maintenance, realization of the legitimate rights and interests of the purpose of the civil subject, the rule of law society, the Civil Code and the judicial activism both are indispensable.

  9. 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).

  10. The use of precedents in Brazil and the new Code of Civil Procedure: analysis in the perspective of "law as integrity" of Ronald Dworkin

    Directory of Open Access Journals (Sweden)

    Anna Flávia Magalhães de Caux Barros

    2015-06-01

    Full Text Available This article analyses the judicial precedents and the principle of integrity in the Brazilian legal system. First, an overview of the conception of “law as integrity” elaborated by Ronald Dworkin is outlined. Then, it is made an analysis of the subject in Brazil, pointing aspects that confirm the recently appreciation of the precedents in that country. Subsequently, it is made a critical of the way in which precedents are used in Brazil. Finally, it is studied the question in the New Code of Civil Procedure particularly by using the new law as well as some doctrine about the matter.

  11. Study on Police' s Rule of Law from Perspective of Legal Civilization%法治文明视野下的警察法治研究

    Institute of Scientific and Technical Information of China (English)

    吕绍忠

    2012-01-01

    警察法治是国家法治文明的重要标志。从法治文明视野而言,警察法治研究涉及三个层面的问题:一是理论层面的警察法学研究,二是制度层面的警察法律制度,三是行为层面的警察法治实践。警察法治则是贯穿警察法学研究、警察法律制度和警察法治实践的基本范畴。警察法治研究需要回答三个基本问题:即什么是警察法治?建设什么样的警察法治?怎样建设警察法治?%Police' s rule of law is an important symbol of legal civilization in a country, from the wew of legal civilization, police science research involves three aspects: first, the police law in the theoretical level; secondly, the police legal system of system - level; and thirdly, the police law practice of behavioral level. As the Basic con- cept, police' s rule of law is throughout the Police Law, the police legal system and police practice of the rule of law. Study on the police' s rule of law needs to answer three basic questions : what is the police' s rule of law? what kind of the police' s rule of law is to be constructed? And how to build the police' s rule of law?

  12. Legalisation of Civil Wars

    DEFF Research Database (Denmark)

    Buhl, Kenneth Øhlenschlæger

    2009-01-01

    -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......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...... wars as internal conflicts have become subject to international humanitarian law....

  13. Analysis of the Civil Laws on the Market Maker%做市商民事法律制度分析

    Institute of Scientific and Technical Information of China (English)

    闾梓睿

    2012-01-01

    In the process of establishing a multi - level capital market, it is of great essence to introduce the "market maker" system to our economy. And as a final protection mechanism for investors, the civil liability of market makers must be justified and established. Civil rights and obligations of market makers include bilateral quotation, margin purchase and short sale, and credit transaction, which connect with yet differ from offer, acceptance and consumer credit in the traditional civil law. Market makers are special securities traders whose civil liability needs to be integrated into and extended based on the present Securities Laws on civil liabilities.%在建立多层次资本市场的过程中,做市商制度的引入无疑是必要的。而民事责任作为对投资者保护的最终环节,其完善对整个做市商法律制度的建立有着至关重要的作用。做市商的民事权利与义务主要包括双边报价、融资融券与信用交易。这些与传统民法中的要约、承诺和消费借贷都既有联系又有区别。做市商是一种特殊的券商,因此其民事责任制度也需要在现行证券民事责任的基础上进行融合与扩充。

  14. LA EFICACIA CIVIL DEL MATRIMONIO CANÓNICO Y DE LAS DECISIONES ECLESIÁSTICAS EN EL DERECHO ESPAÑOL CIVIL EFFECTS OF CANONICAL MARRIAGE AND ECCLESIASTICAL JUDGMENTS UNDER SPANISH LAW

    Directory of Open Access Journals (Sweden)

    Javier Ferrer Ortiz

    2008-01-01

    present paper deals with problems arising from the irregular statutory control of canonical marriage, whereas according Law of the State, registration in the Civil Register is compulsory with regard to have effects in Spanish jurisdiction. Furthermore it's analyzed the controversial legal condition consisting of the adjustment of ecclesiastical judgments to the Law of State in order to have civil effects; the exam of the different opinions determining the scope of this condition is enhanced with a suitable and recent jurisprudence from Constitutional Court and Supreme Court in which the mentioned question is discussed. Finally this report tackles the influence of the "Ley 1/2000, de Enjuiciamiento Civil" and the Regulation of European Council 2201/2003 concerning, among other subjects, jurisdiction and the recognition and enforcement of judgments in matrimonial matters that provides a wide field to canonical judgments which have civil effects in Member States signatories to the Concordat, over Member States and third States.

  15. 警察执法侵权的民事责任探究%Civil Liability on the Police Law Enforcement Infringement

    Institute of Scientific and Technical Information of China (English)

    邓长民

    2016-01-01

    The police power is endowed with the purpose to combat crime and maintain the social stability, although police law enforcement is general, the research on the civil liability of police tort in the field of law is not very common. With the gradual integration of civil compensation and state compensation, it is an opportunity to protect the legitimate rights and interests of citizens. How to regulate the police law enforcement, and reduce the phenomenon of the infringement of law enforcement, which is the focus of our current research.%警察权是国家法律赋予公安机关打击犯罪、维护社会稳定的权力,近年来我国警察在执法中的侵权现象屡见不鲜,而关于警察侵权民事责任的研究却甚少。随着我国民事赔偿制度和国家赔偿制度的渐趋融合,如何解决警察执法侵权的民事责任归属问题,实乃当务之急。

  16. Civil Law Study Guide

    Science.gov (United States)

    1989-06-01

    completion of the form. Casos with a status determination of "suspected" must be updated withini 12 weeks to either substantiated, unsubstantiated -- did not...complaints by public interest groups during the Moorhead hearings and to respond to public concern over government secrecy during the Watergate period

  17. Civil Law Study Guide.

    Science.gov (United States)

    1987-10-01

    having a drug- or alcohol-abuse problem for the primary drug of abuse only, e.g., alcohol, heroin, cocaine, LSD, cannabis . b. Report on Urinalysis Testing...imagination; that fear breeds repression; that repression breeds hate; that hate menaces stable government; that the path of safety lies in the

  18. Exploration on the Teaching Reform of Undergraduate Courses in Civil Law%民法学本科教学改革探索

    Institute of Scientific and Technical Information of China (English)

    李军

    2016-01-01

    As one of the core courses of law, civil law course occupies a very important position in the teaching of law. With the development of teaching and the progress of science and technology network, the traditional teaching of civil law course can't meet the needs of teachers' teaching and students' learning. This paper aims to study the existing problems of teaching content, teaching methods, teaching patterns and teachers themselves and so on in civil law course for undergraduates. This article also analyses the causes of these phenomena, and puts forward undergraduate teaching reform proposals. For example, the selection of teaching materials should be reasonable, and we should update them in a timely manner. Also, in order to benefit the civil law undergraduate teaching, the teachers' teaching ability and taking the case type, diagnosis, simulated court and image teaching and so on should be applied to diversified teaching mode.%随着法学教育的深入和社会经济的不断发展,传统的民法学教学模式已不能满足社会对法学毕业生能力的要求。本文列举了当前民法教学中存在的问题,并对问题出现的原因进行分析,在此基础上提出本科教学改革的建议。如应当针对本科生编写统一的、以通说理论为内容的民法系列教材,开设有关社会、经济的其他课程以辅助学生理解民法现象和民法制度,加强实务教学,提高学生的法律思维能力和解决争议问题的能力,探索建立与实务部门的协同育人模式等。

  19. Error, falsa representación y deberes precontractuales de información: la tradición del civil law

    Directory of Open Access Journals (Sweden)

    Martin Josef Schermaier

    2012-12-01

    Full Text Available El presente aporte tiene por objeto ofrecer una introducción, desde el ángulo de la tradición del civil law, al problema de los puntos de contacto y las diferencias de dos materias cercanas entre sí, el error vicio del consentimiento y los deberes de información. Pretende brindar al jurista de la tradición de derecho continental elementos de análisis a partir de los cuales comprender el estado de cosas actual.

  20. 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. 

  1. 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...... 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 book singles out three legal paradigms for interpreting the problem of emergency: the rights model, the extra-legal model and the procedural model. This systematic approach helps the reader develop a philosophical and legal overview of central issues in the jurisprudence on emergency....

  2. Balancing Human Rights and Civil Liberties in an Emerging Democracy: Education Law, Policy and Practice in South Africa.

    Science.gov (United States)

    Beckmann, Johan; Maile, Simeon; van Vollenhoven, Willie; Joubert Rika

    This outline is part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It covers a presentation on changes in the law and social structure of South Africa. As an outline, it briefly touches upon a number of topics, but focuses mainly on South Africa's emerging "final"…

  3. Balancing Human Rights and Civil Liberties in an Emerging Democracy: Education Law, Policy and Practice in South Africa.

    Science.gov (United States)

    Beckmann, Johan; Maile, Simeon; van Vollenhoven, Willie; Joubert Rika

    This outline is part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002. It covers a presentation on changes in the law and social structure of South Africa. As an outline, it briefly touches upon a number of topics, but focuses mainly on South Africa's emerging "final" Constitution,…

  4. 民事立法方法的一种新进路%A New Path for Civil Law-making Method

    Institute of Scientific and Technical Information of China (English)

    李莉

    2011-01-01

    Jurisprudence method not only includes method of application of law,but also includes the method of law making.The keen and controversial problems can not be easily settled by transplantation of foreign laws or logical reasoning of concepts,usually be settled through the process of value cognition,evaluation,value choice,this is in fact the value cognition in philosophy.In the process of value cognition,value choice is the key,but value choice should be constructed by certain thinking path and method,that is first to classify the value conflicts coming from the civil law-making,then to make laws containing the interest balance by the mediation of civil law principls and rules under the direction of value objectives.%法学方法不仅包括法律适用的方法,也应包括立法的方法。民事立法中那些敏感和争议较大的问题都不是可以通过简单的外国法的借鉴或概念的逻辑推理能够解决的,往往要通过价值认知、价值评价和价值选择的过程,这其实就是哲学上的价值评价问题。其中价值选择是关键,而进行价值选择又需要有一定的思考路径和方法作指导,即先要把民事立法时所面临的价值冲突问题进行归纳分类,然后以价值目标为导向,以利益衡量为内容,以民法原则和民法规范为载体进行立法。

  5. 两大法系视域下醉酒人民事行为效力立法探究%AStudy on Civil Conduct Effective of Intoxicated Person in the Perspective View of the Anglo-American Law System and the Civil Law System

    Institute of Scientific and Technical Information of China (English)

    申莉萍

    2012-01-01

      醉酒人法律行为的效力何如,我国仅在刑法中规定醉酒人负完全刑事责任,而民事领域则一片空白。在意思自治的民事领域,特别是在意思表示为核心的合同领域,完全无视醉酒人判断能力减弱、意思能力欠缺的事实,显然与合同自由原则相悖,也有违以人为本的民法基本理念。基于此,本文从合同行为角度对醉酒人民事行为效力予以比较研究,以期能对我国立法和理论提供些许借鉴。%  How about the effectiveness of legal action of intoxicated person?An intoxicated person w ho commits a crime shall bear criminal responsibility in China criminal law but it is still a blank in the civil law field It is against the principles of freedom and the basic people-oriented concept of civil law to ignore the fact completely that intoxicated persons usually weaken and impair their ability to judge and convey or ex-press in the civil field of party autonomy especially in the field o f contract of intention declaration So this paper deals with civil conduct effective of intoxicated person in order to provide some examples for our leg-islation and theories

  6. The oral trial and the effective judicial protection: Mismatches of the model established in the Law of Civil Procedure

    Directory of Open Access Journals (Sweden)

    Antonio José Vélez Toro

    2017-01-01

    Full Text Available Conciliation, mediation and arbitration are traditional means for the resolution of legal conflicts, which are shaped and promoted as alternatives to the judicial process. Nevertheless, the judicial process, which is the only mean for the resolution of legal conflicts expressly recognized in the Spanish Constitution to exercise the right to an effective judicial protection, is not only the last option to solve the conflict but also the ultimate guarantee of defense against possible breaches occurred within the alternative process chosen. The Spanish juicio verbal (mainly oral and simplified civil procedure in court is the most frequently used procedure in the Spanish Civil and Commercial areas. This is why we intend to approach it from the perspective of the Spanish Constitutional Jurisprudence in order to establish the cases where there is or there has been an impossibility or rejection to exercise the right to an effective judicial protection.

  7. The responsibilities of the in-plant environmental protection officer under civil law and under criminal law. Zivilrechtliche und strafrechtliche Verantwortung des Betriebsbeauftragten fuer Umweltschutz

    Energy Technology Data Exchange (ETDEWEB)

    Salje, P.

    1993-11-20

    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.)

  8. The Law of Civil Litigation Needs to be Made Perfect by Institution of Obtaining Jurisdiction%民诉法应完善管辖权取得制度

    Institute of Scientific and Technical Information of China (English)

    吴晓静; 蔡维力

    2001-01-01

    我国民事诉讼法对诉讼管辖权规定上存在漏洞,这不利于有效保护当事人的利益,增加了诉讼成本。因此,有必要探求完善我国民事诉讼法的管辖权取得制度,发挥民事诉讼法应有的功能。%The stipulation of jurisdiction in the Law of Civil Litigation of our country is defective. This is no advantageous to clients, and raise the cost of lawsuit. Therefore, it is necessary to inquire into how we can wake perfect the institution of obtaining jurisdiction in our Law of Civil Litigation and let out the functions of our Law of Civil Litigation.

  9. 涉外民事关系法律适用法中的不当得利规则%A Discussion on Unjust Enrichment in the Law of the Application of Law for Foreign-related Civil Relations

    Institute of Scientific and Technical Information of China (English)

    金彭年

    2012-01-01

    Lex Causa Condictionis does not only settle the problem of distinguishing unjust enrichment thoroughly,but also reflects the unique function and independent status of unjust enrichment in whole civil law system.Therefore,Lex Causa Condictionis is the main trend of legislation regarding unjust enrichment in civil law jurisdictions.However,Article 47 of the Law of the Application of Law for Foreign-related Civil Relations of the PRC does not accept Lex Causa Condictionis really.Such a significant principle is substituted by the conflict rules of unjust enrichment in China.Self-criticism and introspection are thus necessary.Proper interpretations of "autonomy of the will" and "lex loci actus" may in some degree make up the above mentioned pitfalls.%"原因关系准据法主义"不仅能彻底解决不当得利识别困扰,而且还体现了不当得利制度的独特功能及其在整个民法体系中独立但"谦逊"的地位,故为当前大陆法系不当得利冲突立法之主流。我国新近施行的《涉外民事关系法律适用法》第47条并未真正采纳"原因关系准据法主义",而以"原因关系冲突规则主义"代之,这在冲突法层面和实体法层面都是值得检讨与反思的。对该法第47条中的"意思自治"和"发生地"作适当的解释,可在一定程度上弥补上述缺憾。

  10. Transfrontier pollution in international civil procedure law. Exemplified by Germany - Austria. Grenzueberschreitende Umweltbelastungen im Internationalen Zivilprozessrecht. Eine Darstellung am Beispiel Deutschland - Oesterreich

    Energy Technology Data Exchange (ETDEWEB)

    Musger, G.

    1991-01-01

    The dissertation first presents the foundations of international civil procedure law. The main part is concerned with the questions of international competence for actions for damages and injunction suits, and the recognition and enforcement of relevant court decisions. In each case, the current word of the law is taken as the basis in a first step; in a second step, the effects of the Lugano Convention are examined. After the entry into force of the Convention, the plaintiff has the choice in questions of competence between the place where the act causing the damage occurred and the place where the consequences of the act are felt. The recognition and enforcement of court decisions from the other state is assured both before and after the entry into force of the Lugano Convention. If a licence issued under the public law of the state where the installation is located is not observed in the state where the consequences are felt, and therefore an injunction is issued that could not have been issued with this content in the state where the installation is located, then the recognition can be refused. (orig./HSCH).

  11. 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.)

  12. The evolution of civil society and the rule of law regarding female genital mutilation in Iraqi Kurdistan.

    Directory of Open Access Journals (Sweden)

    R. Cardone

    2015-04-01

    Full Text Available International human rights law relies on state sovereignty to localize suggested policy with codification and enforcement in an attempt to reconcile universalism with particularity. However, amidst domestic governance developments from post-conflict state building and self-determination, governmental instability complicates and often overlooks priorities of international human rights for more tangible domestic infrastructure, such as basic human needs rather than seemingly suggested rights ideals. This does not diminish the significance of human rights, though, pertaining to the rights of the child in addressing gender-based violence through the elimination of female genital mutilation, for example. While state-centric localization is currently prioritized for implementing international law, the rule of law is more integrated throughout the realms of societal structure, culture, and institutions in addition to the legal realm. If the legal realm is disrupted with instability, violence, and discontinuity, how does society internalize and integrate international human rights law over time, and can it be sustainable despite instability? This research evaluates the development of the rule of law, and its effectiveness, regarding female genital mutilation (FGM as a case study in Iraqi Kurdistan from the end of the Iran-Iraq War in 1988 until 2013, the early years of the Kurdistan Regional Government’s parliament. Comprehensive rule of law evolution can be measured through comparing domestic legal developments through state-centric policy and enforcement, or lack thereof, with cultural internalization and non-governmental engagements. By studying the legal and cultural realms’ interaction with the anti-FGM discourse over Iraqi Kurdistan’s past two decades, this research will determine the role of a continuous society overlaid by intermittent legal structures in the sustainability of negotiating cultural relativity with universal human rights.

  13. 警察执法侵权的民事责任研究%Tort in Law Enforcement by Police and the Civil Liability

    Institute of Scientific and Technical Information of China (English)

    吴道霞; 刘明娟; 沈燕

    2012-01-01

    警察执法侵权的民事责任在我国的法学研究中很少受到关注。通常学者认为,警察侵权的责任仅仅包括行政责任、刑事责任以及国家赔偿责任,而将民事责任往往排除在外,这种将民事责任排除在外的做法与当今国家赔偿向民事赔偿融合的国际大趋势相违背。因此,从国内外警察侵权责任的承担和我国国家赔偿法的发展历史看,论证警察执法国家赔偿责任与民事赔偿责任并存融合是大趋势。%Civil liability of the tort in law enforcement by police has been rarely focused on by scholars in China. Generally speaking, administrative liability, criminal liability and state compensation liability are considered as the liabilities of the tort. In fact, civil liability exemption violates the international trend. Thus, it is proved herein that the integration of state compensation liability with civil compensation liabil-ity is an unavoidable trend according to the police's liability of tort home and abroad and history of state compensation in China.

  14. The Concept of ‘Due Performance’ (solutio of Civil Obligations in Classic Roman Law: Content and Scope

    Directory of Open Access Journals (Sweden)

    Paula Natalia Robles Bacca

    2016-12-01

    Full Text Available This article displays a chronological journey of some of the sources of Roman Law that allows us to establish the concept of the “due performance” in Rome. To this extent, we proceed to a reflection of the modifications and adjustments occurred regarding the concept of solutio, during archaic and classical Roman law. Therefore, we will focus on the exegetical study of some other Roman sources, which contains references to solutio, solvere and satisfactio, in order to establish through this path, the structural antecedent of the current notion of “due performance of obligations”.

  15. 宪法发展与刑法理念的更新——国权刑法向民权刑法的嬗变%Constitutional Development and the Updating of the Concept of Criminal Law -- The Evolution o~ Country Rights Criminal Law to the Civil Rights Criminal Law

    Institute of Scientific and Technical Information of China (English)

    辛波

    2012-01-01

    As the enforcement of the constitution, criminal Law directly inherited the basic spirit of the constitution. Evolution on value, spirit and concept of the constitution will have a direct impact on the transmutation of the value, spirit and concept of criminal law. The transmutation can be reflected from country rights criminal law to the civil rights criminal law. Regulations about human rights protection and non - public economy in the constitution promote the evolution of country rights criminal law to the civil rights criminal law.%刑法作为宪法的实施法,直接传承着宪法中所蕴涵的基础精神。宪法的价值、精神、理念的嬗变会直接影响到刑法价值、精神及理念的嬗变,这种嬗变可体现为国权刑法向民权刑法的嬗变。宪法关于人权保障的规范和关于非公有制经济的规范直接推动国权刑法向民权刑法的嬗变。

  16. Handbook - TRACE-ing human trafficking : Handbook for policy makers, law enforcement agencies and civil society organisations

    NARCIS (Netherlands)

    Rijken, Conny; Pijnenburg, Annick

    2016-01-01

    Human trafficking is one of the largest criminal enterprises in the world. It is a multi-billiondollar crime of global scale. This is because human trafficking as a criminal enterprise continues to evolve as a high profit-low risk business for perpetrators and challenges policy makers, law enforceme

  17. 环境执法生态化:生态文明建设的执法机制创新%Environment Law Enforcement in Ecological Approach:The Innovation of Law Enforcement Mechanism for the Ecological Civilization Construction

    Institute of Scientific and Technical Information of China (English)

    李爱年; 刘翱

    2016-01-01

    “Ecologicalized Law Enforcement”implies that the law enforcement body pays much attention to protect-ing the environmental interests during the law enforcement process,particularly implementing the ecological civil thoughts and abiding by the ecological protection ration through the procedures of law enforcement concept,law enforcement orga-nization, law enforcement action and law enforcement tools and technology. Its core meaning can be interpreted as fol-lows:firstly,ecological idea and goal of governmental law enforcement.We should supervise and assess governmental ac-tions both from central government and local governmentby utilizing ecological rantionality,ecological civilization, regard-ing“human-nature-human”and harmonious relation as the ultimate goal of all governments’ action;secondly, the eco-logicalization of power distribution. The power of environment law enforcement is the law enforcement entity supervises and administrates the power for environmental protection,which is its bounden duty. The unit establishment and responsi-bility allocation should consider the relations between the integrity of eco-system and environmental elements,in addition, to note the collaboration among legislation,enforcement and judicial power;thirdly,ecologicalization of law enforcement approach,departments cooperation,regional inter-action and multi-cooperation will be the fundamental request of ecologi-cal law enforcement. At present,China’s environmental law enforcement confronts various difficulties,such as inter-de-pendence,limited law-enforcing means as well as insufficient capacity in environmental law enforcement. Those dilemmas are originated from the inertia of economic thriving which hampers the transition of governmental functions,in addition, traditional cultural factors also constrain environmental law enforcement. To solve these difficulties, it is critical to im-prove the government’s accountability mechanism for environmental quality

  18. Perspective of civil law on food security issues in China%中国食品安全问题的民法视角

    Institute of Scientific and Technical Information of China (English)

    李庆海; 刘宁

    2012-01-01

    近几年,我国重大食品安全事件频发,不仅损害了社会与经济利益,而且影响了社会发展和稳定。随着《中华人民共和国食品安全法》的出台,我国已基本上建立起食品安全监管体系、食品安全国家标准体系、食品安全风险评估体系等多个法律体系,使食品安全有了坚实的法律保障。我国在食品安全监管中进一步强化民事责任追究制度,并将惩罚性赔偿纳入其中,提高了消费者遭受不安全食品侵权时的保护力度。评析我国食品安全事故的民事责任制度和民事赔偿制度,建议保留综合立法模式、增加民事责任章节,并针对惩罚性赔偿等具体内容提出完善建议。%In recent years,momentous food security incidents occur frequently in China,which not only damage social and economic interests,but also influence social development and stability.Along with the promulgation of Food Security Law of People’s Republic of China,multiple elementary leagal systems are established in China,namely,the food security supervision system,the national food security standard system,and the food security risk assessment system,which provide substantial leagal guarantee for food security.Civil liability back-trace institution is further enhanced during food security supervision in China,and punitive compensation is also included in it,which improve the protecting level of consumers suffered from unsafe food.The civil liability institution and civil compensation institution of food security incidents in China are discussed and analyzed,which educes the suggestion that comprehensive legislation mode should be reserved and civil liability chapters or sections should be added.Perfecting suggestions are correspondingly proposed on detail contents such as punitive compensation,etc.

  19. The evolution of civil society and the rule of law regarding female genital mutilation in Iraqi Kurdistan.

    OpenAIRE

    R. Cardone

    2015-01-01

    International human rights law relies on state sovereignty to localize suggested policy with codification and enforcement in an attempt to reconcile universalism with particularity. However, amidst domestic governance developments from post-conflict state building and self-determination, governmental instability complicates and often overlooks priorities of international human rights for more tangible domestic infrastructure, such as basic human needs rather than seemingly suggested rights id...

  20. 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...

  1. 家庭权的私法保障%The Protection of the Civil Law on Family Right

    Institute of Scientific and Technical Information of China (English)

    张燕玲

    2012-01-01

    Our Constitution to the protection of the family means not only prohibits the State from the family to the implementation of direct infringement, but also requires the State to enact laws to implement the constitutional protection of the family. "Marriage Law" as the Basic Law to adjust the domestic relationship, the system on the family right to build and perfect has a direct impact on the realization of family right for every citizen. China should draw lessons from the international community diversification of family forms and the concept that children~ interests to maximize, correct gaps in the existing law, Perfect the family support sys- tem, realize the family pension and social security~ complement each other; Expand the connotation of the family, give cohabiting couples equal family rights protection; estabilish artificial reproductive standard, clear the legal status of the artificial reproductive children;perfect the family violence prevention legislation, let family realize the balance and harmony between the private law and public rights autonomy.%宪法对家庭的保护意味着既禁止国家对其实施直接侵害,又要求国家颁布法律以落实宪法精神。《婚姻法》作为规范家庭成员权利义务关系的基本法,其关于家庭的制度构建及完善直接影响着公民家庭权益的实现。我国应借鉴国际社会家庭形式多元化与子女利益最大化之理念,弥补传统法的缺陷,完善家庭扶养制度,实现家庭养老与社会保障的互为补充;拓展家庭的法律内涵,赋予同居伴侣平等的家庭权益保护;健全人工生殖规范,明确人工生殖子女的法律地位;完善家庭暴力的防治立法,让家庭和谐在私法自治与公权干预的最佳平衡间实现。

  2. The impact of EU law on Belgian consumer law terminology

    NARCIS (Netherlands)

    Cauffman, C.

    2012-01-01

    The implementation of EU directives in the field of consumer law distorted the Belgian legal terminology. In particular, consumer law terminology often differs from civil law terminology. The meaning of traditional civil law concepts is no longer respected in the field of consumer law. Moreover, the

  3. 论破产法上债务人高管人员民事责任的追究%On prosecution of civil liabilities of debtor's senior managers in bankruptcy law

    Institute of Scientific and Technical Information of China (English)

    甘培忠; 赵文贵

    2009-01-01

    The Enterprise Bankruptcy Law has designed the regime for debtor's senior managers to bear civil liabilities, while the framework design concerning the prosecution mechanism of civil liabilities is still unclear. How to establish a prosecution mechanism of civil liabilities of debtor's senior managers in line with the purposes of the bankruptcy regime is a substantial issue during the implementation of Enterprise Bankruptcy Law. The realization of the civil liabilities regime of debtor's senior managers depends on the establishment and operation of a relatively well-developed prosecution mechanism of civil liabilities. The focus of the prosecution mechanism of civil liabilities is to determine the subject of prosecution of civil liabilities, the way to realize civil liabilities, and the special hearing proceedings and authorities of the court. Taking steps to clarify and improve the prosecution mechanism of civil liabilities focusing on the subjects of prosecution (debtor's senior managers) and authorities of the court, is the essence and systematic safeguard of realizing the civil liabilities regime of debtor's senior managers in the Enterprise Bankruptcy Law.%设计了债务人高管人员承担民事责任的制度,但有关责任追究机构的框架设计尚不甚清晰.如何建立一个符合破产制度目的的债务人高管人员民事责任追究机制,是在实施过程中所面临的一个现实问题.破产债务人高管人员的民事责任制度的实现有赖于一个较为完善的民事责任追究机制的确立和运行.民事责任追究机制的中心是确定民事责任的追究主体和实现方式以及法院的特殊审理程序与职权.逐步明确和完善以债务人高管人员民事责任追究主体和法院职权为核心的责任追究机制,是实现所设计的债务人高管人员的民事责任制度的核心与制度保障.

  4. FEATURES OF THE ORGANIZATION OF ACTIONS OF LAW ENFORCEMENT AGENCIES TO MAINTAIN LAW AND ORDER ON THE TERRITORY OF KRASNODAR REGION AS THE BASIS FOR A STABLE COOPERATION OF PUBLIC AUTHORITIES WITH CIVIL SOCIETY

    Directory of Open Access Journals (Sweden)

    V. V. Kasyanov

    2016-01-01

    Full Text Available The main objective of the coordination meeting of the region is the improvement of the activities of law enforcement and efficient interaction of Executive authorities with public organizations of the region. Currently the focus is on police cooperation with security agencies and Executive bodies to obtain information and exchange information about the phenomenon in General. During the celebrations is the involvement of law enforcement voluntary national and Cossack teams. Employees of road patrol services region in a timely manner ensures road safety, organized by the prevention and suppression of offenses. For the purpose of anti-terrorist security of the population and socio-infrastructure facilities, law enforcement officers, using technical means, service dogs in advance to survey the territory of places of mass public events. Currently in Krasnodar monitored more than 85 road intersections, public transport stops, transport stations of the city of Krasnodar, at the bus station, the airport and at the state, municipal educational institutions, administrative buildings, parks, squares, shopping, entertainment centers, temples. One of the main directions in 2014 - 2015 was the task of increasing the effectiveness of investigative activities. It was directly related to the implementation of the basic principle of justice – ensuring the inevitability of punishment for the committed crime. Technical possibilities of the modern cameras allow you to set even the personality of the person. Examples of successful work on disclosing especially grave crimes can be facts the disclosure of various crimes in the districts and localities of Krasnodar region. Examples of effective work on disclosing especially grave crimes can be facts the disclosure of various crimes in Krasnoarmeysky district, in cities of Krasnodar, Armavir, Kropotkin and Novorossiysk. A full-fledged activity of civil society depends on the social environment, lack of criminality.

  5. Civil Defense, U. S. A.: A Programmed Orientation to Civil Defense. Unit 5. Governmental Responsibilities for Civil Defense.

    Science.gov (United States)

    Defense Civil Preparedness Agency (DOD), Battle Creek, MI.

    A description of the laws and orders that provide necessary legal authorization for civil defense activities is provided. In addition, an outline of the responsibilities of all governments and the role of the private sector in civil defense is presented. Topics discussed include: (1) Legal authority for civil defense, (2) Civil defense…

  6. 著作人身权性质辨析%Analysis on the Personal Right of Author and the Personal Right of Civil Law

    Institute of Scientific and Technical Information of China (English)

    宋贻珍

    2014-01-01

    There are two wrong opinions on personal right of an author :one insists on that personal right of an author is the right of identity ,the other considers it as property right .The former view only sees the phenomenon of personal right of an author but ignores its essence ,and the latter view misunder-stands its essential characteristic .It is arguable that personal right of an author is a special social personal right w hich shouldn't be merged into the personal right of civil law ,and that personal right of an author should adhere to its primary meaning and be improved in details .%认为著作人身权是身份权的观点,只看到现象而忽视了著作人身权本质;认为著作人身权是财产权的观点,是对人格权的本质属性存在误解,没有看到社会人格权能够转让的属性。著作人身权是特殊的人格权,取缔或者合并到民法中的人格权中都是不可取的,而应该在现有基础上对著作人身权的内容加以完善。

  7. CHANGES IN PARADIGMS IN SUITS REGARDING THE FAMILY IN THE WAKE OF THE NEW CODE OF CIVIL LAW: FROM ARRAIGNMENT TO MEDIATION AND THE IMPORTANCE OF JURIDICAL LANGUAGE IN A SOLUTION OF CONFLICTS

    OpenAIRE

    Bortolai, Luís Henrique; Universidade Presbiteriana Mackenzie.

    2015-01-01

    The implications of the Brazilian juridical order within the future code of Civil Law are analyzed. This is especially true when mediation is introduced at the start of the demand through the actions of lawyers and parties to rationalize conflicts by different mechanisms of solutions. It is important to highlight suits involving the family which are of special attention in the new code, especially with regard to arraignment without the need to present the copy of notice. The above is a polemi...

  8. Chinese Criminal Law and Its Orientation Influenced by Differences of Civil Law System and Case Law System%两大法系刑法学之差异对中国的影响及中国刑法学的发展取向

    Institute of Scientific and Technical Information of China (English)

    杨兴培; 郑旭江

    2014-01-01

    The theory and practice of Chinese criminal law have been and will be affected by criminal law of civil law system and case law system,whose ideological differences especially have the deepest influences upon Chinese criminal law with different manifestations. Accordingly,during the period of building up the theory of Chinese criminal law,how to choose from and emphasize on civil law system and case law system with learning from essences and absorbing the nutrition becomes one inevitable topic of our time. Nowadays,the values of protecting human rights,sticking to procedure and respecting pragmatism of case law system especially American criminal law are worthy to be learned from and focused on by Chinese,who are admiring specific skills of German and Japanese criminal law too much. Only by this way can we avoid obscurity and prejudice of our theory. Rediscovering and using traditional resources on rule of law are beneficial to update and reconstruct ideology of Chinese criminal law,theory of criminal law and skills of criminal law.%中国刑法学的理论和实践已经受到并将继续受到大陆法系和英美法系刑法学的影响,两大法系的差异特别是理念的差异对中国的影响至为深刻但却有不同的表现,由此出发我们在创建中国自身刑法学理论的过程中又将如何有所选择、有所侧重地借鉴和吸取两大法系的精髓和营养成分,应当是中国刑法学无法回避的时代命题。在今天,英美法系特别是美国刑法学保障人权、坚守程序、推崇实用的刑法理念值得已显过度推崇德日刑法学的中国学界的关注和借鉴,只有这样才有可能避免“曲高和寡”和“偏信则暗”的理论危机,而重新发掘和吸取法治的“本土资源”,也可以助推实现中国刑法学理念、刑法理论和刑法运用方法的更新和重构。

  9. Producing Civil Society

    DEFF Research Database (Denmark)

    Feldt, Liv Egholm; Hein Jessen, Mathias

    of the century. 2, the laws and strategies of implementing regarding the regulation of civil societal institutions (folkeoplysningsloven) since the 1970’s this paper shows how civil society in 20th century Denmark was produced both conceptually and practically and how this entailed a specific vision and version......Since the beginning of the 1990’s, civil society has attracted both scholarly and political interest as the ‘third sphere’ outside the state and the market not only a normatively privileged site of communication and ‘the public sphere’, but also as a resource for democratization processes......’ and as such dominates our way of thinking about civil society. Yet, this view hinders the understanding of how civil society is not a pre-existing or given sphere, but a sphere which is constantly produced both discursively, conceptually and practically. Through two examples; 1,the case of philanthropy in the beginning...

  10. Lawyer Civil Law Study Guide

    Science.gov (United States)

    1993-04-01

    accident, the vehicle nvolved wete beinc drivn t he aula Rioche of -t165 Center Lane, South AShbumitham’f, " refereciusettn ( and inr. Gary S. DrigW of...The government assumes liability for virtually all acts ranging from mere errors in judgment to malicious criminal acts. 2. Loss incident to noncombat...military activities. The second theory of FCA liability is virtually identical to the second basis for liability under the MCA. The government assumes

  11. 环境污染案件涉及的刑民界限问题初探%Demarcating Criminal Law and Civil Law When Applied to Cases Involving Environmental Pollution

    Institute of Scientific and Technical Information of China (English)

    武祎

    2015-01-01

    市场经济环境下,经济发展速度急速向前,环境污染事故频繁发生,究其原因,与片面追求经济发展、GDP增长而忽视环境保护有很大关系,同时也突显了环境保护司法手段滞后于经济发展的问题。在面对这些造成巨大经济和环境损失的污染事故时,如何正确使用司法手段进行惩罚与预防是本文试图解决的问题。文章从大连康菲石油污染事件为视角切入,分析其中存在的法律责任承担问题,进而通过对现有环境保护法律规定的梳理,析出环境污染案件涉及的刑民界限,为刑法与民法在市场经济条件下的环境污染案件中如何正确适用找到解决途径,同众学者商榷。%Under the market economy environment and along with the enormous rapidity of economic development , there has been an abrupt increase in environmental pollution accidents , whose frequent occurrence can be largely attributable to the one-sided mindset of pursuing economic development and GDP growth while ignoring environmen -tal protection .Meanwhile , the frequent occurrence of such accidents also highlight the fact that our legal means of environmental protection and environmental jurisprudence still lags behind fast economic development .In the face of these environmental pollution accidents causing huge economic losses , the crux of the matter is how to correctly use legal means to punish the perpetrators and prevent such accidents .Exemplified by a legal case involving marine oil pollution in Dalian , this paper aims to ascertain the legal liability in pollution cases and attempts a demarcation of criminal law invocation and that of civil law in dealing with such cases so as to come up with effective solutions to environmental pollution legally under the market-based economic conditions .

  12. On Civility and Civilizations

    Institute of Scientific and Technical Information of China (English)

    DAVID GOSSET

    2010-01-01

    @@ At a time when misunderstand-ings between cultures run rampant, when walls of fear, prejudice and hatred divide the members of the human family, it is urgent to intensify the dialogue between civilizations. Under the new leadership of its Director General lrina Bokova, the United Nations Educational, Scientific and Cultural Organization (UNESCO) declared 2010 as the "Year for the Rapprochement of Cultures." In this context, the concerted reflections and actions of Europe and China can be highly meaningful.

  13. In our civil law defined benefit of personality mark%人格标识利益在我国民法上的界定

    Institute of Scientific and Technical Information of China (English)

    李希

    2013-01-01

    A natural person, especially celebrities for their own talent, virtue, skills and achievements have a certain influence in the society.So businesses use this effect in a particular product or service is, to meet business objectives.The celebrity to achieve through the certain carrier. The businessman is to realize its commercial sales by this external carrier,So these are commercial use of the carrier's mark of personality.The benefits of personality identification using this legal phenomenon description,Chinese scholars use the concepts of "merchandising right","Public right", "right of publicity", "commercial rights of personality" etc.The concept of variety, extremely messy. Whether it is from the concept intension and extension are a far cry from the it concept which are across three completely different rights category these are the personality right, property right, intellectual property rights. The paper put this legal phenomenon attributed to the concept of personality interests.definite the concept from the concept and attribute in order to protect the civil law on the legal interest.Personality forms the object should include the identification performance characteristic such as name,the sound and the other personality with identification and individual identification.%我国学者使用了“商品化权”“、公开权”“、形象权”、“商事人格权”等概念,来描述人格标识利益。不管是从概念内涵还是外延上都相去甚远,跨越了人格权、财产权、知识产权三个完全不同的权利类别。对这种法律现象归于人格标识利益这一概念,从概念加属性对此概念进行界定,以期对该种法益进行民法上的保护,其客体的人格标识表现形式应当包括能够表现其识别性特点的姓名、声音和其他具有识别性和个性化的标识。

  14. Subject:Reconsidering the Relationship between Capacity for Civil Liability and Capacity for Civil Disposition With a review on article 32 of The Tort Law of PRC%重思民事责任能力与民事行为能力的关系——兼评我国《侵权责任法》第32条

    Institute of Scientific and Technical Information of China (English)

    杨代雄

    2012-01-01

    In essence, capacity for civil liability is a kind of capacity for civil disposition in the broad sense. As a premise for the party to bear the liability for his wrongful conduct, capacity for civil liability is different from capacity for civil disposition in the narrow sense which is called capacity for legal transaction. The concept of capacity for civil disposition in the broad sense has a deep historical root that remains unknown to Chinese scholars who criticize this concept. Capacity for civil liability should be judged by abstract criteria and sometimes should also consider concrete factors relating to intelligence of the party. There are sev- eral defects in article 32 of The Tort Law of PRC that should be perfected through revision or legal interpretation.%民事责任能力在本质上是广义民事行为能力的一种,与狭义民事行为能力即法律行为能力并列,它是当事人对其过错行为承担民事责任的法律前提。广义民事行为能力概念具有深厚的历史根基,我国民法学者对其进行批判是因为对其历史脉络缺乏了解。民事责任能力的认定应采抽象标准与具体认定相结合主义。我国《侵权责任法》第32条存在诸多缺陷,应通过法律解释或修订予以完善。

  15. The disentail of corporative civil lands in Mexico: an agrarian law, a fiscal law or both? An approximation to the historiographical tendencies La desamortización de tierras civiles corporativas en México: ¿una ley agraria, fiscal o ambas? Una aproximación a las tendencias en la historiografía

    Directory of Open Access Journals (Sweden)

    Antonio Escobar Ohmstede

    2012-01-01

    Full Text Available The article makes a historiographical revision that questions the hypothesis that the disentail (desamortización of civil lands deprived of the lands or destituted the indigenous people of Mexico. This allows us to consider other issues about political, social and institutional actors that hadn't received enough attention from historians related to the aftermath of the Law of 1856, as town councils, lawyers and *tinterillos*. This work aims to solve methodological problems about the interpretation of the type of land that were disentailed since there hadn't been done a corographic or scenery analysis.El trabajo hace una revisión historiográfica que problematiza la hipótesis de que la desamortización despojó de sus tierras o pauperizó a los pueblos de indios en México. Ello permite hilar otros cuestionamientos sobre actores políticos, sociales e institucionales, que no han recibido mucha atención de los historiadores respecto de los efectos de la Ley de 1856, como los ayuntamientos, los abogados y tinterillos. Apunta, además, a problemas metodológicos sobre la interpretación del tipo de tierras que fueron desamortizadas en virtud de que no se ha hecho un análisis corográfico, ni del paisaje de las mismas.

  16. On Legislative Coordination of General Provisions of Civil Law and Marriage Law---Macro -Inclusion and Micro -Discretion%论民法总则与婚姻法的协调立法*--宏观涵摄与微观留白

    Institute of Scientific and Technical Information of China (English)

    邓丽

    2015-01-01

    在肯认婚姻法属于民法典组成部分的前提下,进一步明确婚姻法与民法总则之间的内在逻辑,辨析婚姻法律制度与民法总则具体制度之间的同异,以期应用于民法典的起草工作。在意旨上,民法总则通过界定调整对象、规定基本原则和阐释价值理念对婚姻法进行涵摄和指引。在体例上,身份法与人格法的分离是民法总则得以构建的重要前提,而身份法与财产法之间的实质性差异也决定了婚姻法的独立自洽是必然的。整体而言,两者的协调立法,需要民法总则有自省式的定位,而婚姻法则有选择性的出位。就条文设计而言,民法总则在界定调整对象、规定基本原则时应充分考虑婚姻法的制度特性和立法诉求。%The discussion on relations between marriage law and general provisions of civil law is based on the premise that the former is part of the latter,which aims to clarify their internal logic and to define similari-ties and differences between their specific rules so as to help draft the civil code.On a conceptual level,gen-eral provisions of civil law should include and guide the marriage law by defining regulatory objects,formula-ting fundamental principles and interpreting core values.As to systemic arrangement,general provisions of the civil law are prescribed on a cornerstone of separation of the law on status and that on personality.The sub-stantial difference between status law and property law has determined that the marriage law is inevitably inde-pendent and self -consistent.In short,in order to achieve the legislative coordination,legislators on general provisions of civil code should keep an introspective positioning,while legislators on marriage law should have the courage to selectively make a breakthrough.As to specific provisions,legislators should consider the fea-tures and legislative pursuit of the marriage law in defining regulatory objects and

  17. 促进公民社会成长推动法治中国建设%The Study of Promoting the Growth of Civil Society and China Law Construction

    Institute of Scientific and Technical Information of China (English)

    吴恒波; 岳翠云

    2015-01-01

    “法治中国”已成为当下我国法治建设的宏大目标,然而,法治中国建设却需植根于一定的经济、政治、文化基础之上,也受制于社会环境等复杂外部因素。而从相互联系、相互作用的方式来看,良好的社会结构对法治中国建设的作用更为密切。综观世界法治发展史,法治状态的形成正是伴随着公民社会的逐步产生、成长而发展起来的。法治是人类文明进步的共同成果,推进法治中国建设,同样离不开公民社会的培育与成长。%“Legal China” has become the goal of rule of law in our country, however, the rule of law is rooted in China’s construction must be based on economy, politics, culture and is also subject to complex external factors such as social environment. And from the perspective of the way of interrelated interaction good social structure on the rule of law construction in China is more closely related. Therefore, on the analysis of the construction of rule and law in the new period of China’s civil society theory basis, the author tentatively proposes the traditional social structure to the path of modern social structure transformation, hopes to promote the growth of civil society and accelerates the process of the rule of law in China construction.

  18. Reform and Construction of the Teaching Method Applied to the Civil Law Course in Police Academy%公安院校民法课程教学方法的改革与建设

    Institute of Scientific and Technical Information of China (English)

    李语湘

    2015-01-01

    Protecting the lawful rights and interests of citizens, legal persons and other organizations is the guide to action for the public security organizations, and their law enforcement idea and level are inextricably bound up with the property, personal rights and other vital interests of the popular masses.Since civil law is helpful for the police to learn what justice, honesty and credit mean and how to respect the private rights, it has a significant effect on improving the legal literacy of the police and correcting the problems in practice, such as a misstep in law enforcement idea and underestimating the individual rights.Therefore, it is necessary to re-examine the position and the role of civil law in all legal courses in police academy, and re-think the teaching objectives, content and methods of civil law course in order to make a beneficial attempt in teaching reform, to accentuate professional characteristics of police academy and to cultivate the practical talents with the sustainable development.%保护公民、法人和其他组织的合法权益是公安机关及人民警察的行为宗旨,公安民警的执法观念、执法水平与人民群众的财产、人身权利等切身利益密切相关。民法教学有助于培养人民警察公平、诚实信用、尊重私权的执法观念,对于全面提高人民警察的法律素养、纠正实践中出现的执法观念偏差、轻视个人权利等问题有显著作用。因此,应当重新审视民法在公安院校法律课程结构中的地位及作用,对民法课程的教学目标、教学内容以及教学方法予以重新审视和思考,在教学改革方面作出有益的尝试,突出公安院校法学专业特色,培养可持续发展的实用型人才。

  19. Atypical Debt's Legislative Position in the Chapter of Obligation in Civil Law Code%论非典型之债在民法典债编的立法定位

    Institute of Scientific and Technical Information of China (English)

    巫乐庭

    2012-01-01

    债的一般条款对非典型之债是适用的。通过三种类型民法典对债的发生原因的立法模式的对比,在债法总则中以具体条文的形式规定债的发生原因是可行的。非典型之债适用的法律规则,应以特别法优于一般法为原则,同时考虑到非典型之债既可适用债法总则的规定,也可适用典型之债中的规定。%The general provisions of the debt is applicable for the atypical debt . Comparing with the legislative model of the causes of the debt in the civil code of different countries, it is feasible that specify the causes of the debt in the form of specific provisions in the general obligation law. The rules of law that the atypical debt apply to should be the prindples that special law is superior to the general law. At the same time, taking into account that the atypical debt can apply to the provisions of general obligation law and also apply to the provisions of the typical debt.

  20. 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.

  1. 民法视野下排污权交易合同法律关系探析%Analysis about the Legal Relationship of the Pollution Right Trading Contract with View of Civil Law

    Institute of Scientific and Technical Information of China (English)

    史玉成; 王卿

    2012-01-01

    The system of pollution fight trading contract is the core of pollution fight trading systems. The pol- lution right trading contract belongs to civil contracts and it is of the new kind of civil contract. It is of the environ- mental civil contract. The pollution fight trading contract is distinguished from the common civil contract in the rule of autonomy of the will, the conditional rule, subject of contract, object of contract and it's performance. Based on construction of the system of pollution right trading contract in Environmental Law and perfection of the Contract Law the , China should add regulations to the environmental civil contract. At the same time China should reform the license system of pollution discharge, so as to realize the change of government functions from the leading to su- pelwlsory type%排污权交易合同制度是排污权交易制度体系中的核心问题。排污权交易合同属于民事合同,但又不同于普通民事合同,应将其定性为一种新型的民事合同即环境民事合同。排污权交易合同除在意思自治原则和合同相对性原则上有所突破外,在合同主体、合同客体、合同履行等方面也与其他民事合同有所区别。我国应在《环境保护法》创设排污权交易制度的基础上,完善我国《合同法》的规定,增加环境民事合同的相关规定。同时,改革排污许可证制度,使之与排污权交易合同制度相衔接。

  2. 解析《公务员法》中分类制度之设计原理%Analysis on the designing principle of the classification system in the Civil Service Law of China

    Institute of Scientific and Technical Information of China (English)

    宋世明

    2007-01-01

    The classification system for Chinese Civil Servants is one of the most basic systematic devices in the Civil Service Law of China.The aim of designing such a system is to solve the hard issue of extreme narrow channels for career development of civil servants.The legislative thoughts of such a system include:orientation of post classification.absorbing reasonable elements of the rank classification system,aiming at optimizing the management and taking incentive safeguard as a main line.and its basic contents include:classification of the positions into general administration category,professional and technical category,administrative law enforcement category,judges and procuratorate category;diversification of position arrangement;clarification of the contents and functions of different ranks;and standardizing the mapping relationships between ranks and positions.%中国公务员的分类制度是中最基本的制度设计之一.设计该项制度的目标是为解决公务员职业发展渠道过于单一的难题;该项制度的立法思想包括:以职位分类为导向,同时吸收品位分类的合理因素,以优化管理为目的和以激励保障为主线;其基本内容包括:将职位划分为行政执法类、专业技术类、综合管理类和法官与检察官类,设置多样化的职务序列,明确级别的内涵与功能,规范级别与职务的对应关系等.

  3. 医疗纠纷民事诉讼案件审理适用法律现状与思考%The status and thinking on the applied laws for cognizance in trying civil cases on medical disputes

    Institute of Scientific and Technical Information of China (English)

    韩松; 刘成勇; 王焕春; 向彩良

    2008-01-01

    为维护医患双方的合法权益,结合医疗纠纷民事诉讼案件审理实际,分析了当前不同法院在审理案件事实基本相同的医疗纠纷民事诉讼案件时,因在医疗损害赔偿标准、医疗事故鉴定方式以及医疗机构赔偿责任判定等方面适用法律不一,导致判决结果出现差异的若干问题,提出应尽快确定医疗纠纷民事诉讼案件审理的法律适用、将医疗事故技术鉴定纳入司法鉴定管理系统和引进医疗过失责任强制保险制度等建议.%To protect the legal rights of both medical practitioners and patients, we analyzed different results caused by appraisal of medical disputes that were handled by different courts according the practice in cognizance in trying civil cases on medical disputes. We found that when dealing with civil cases on medical disputes that have similar facts, different courts have applied different laws in determining the standards of claims for medical damages, methods of appraisal and responsibilities of medical institutions. We propose that the applied laws for judgment of civil cases on medical disputes must be established as soon as possible, the technical appraisal of medical disputes should be introduced into the legal appraisal management system, and compulsory insurance for medical malpractice liability should be introduced.

  4. 高校教师科研不端行为的民法分析%An Analysis of Research Misconduct among College Teachers from the Perspective of Civil Law

    Institute of Scientific and Technical Information of China (English)

    李云波

    2011-01-01

    科研不端行为可能会引发民法上的法律后果,因此从民法视角对此类行为加以分析具有必要性。科研不端行为涉及的调整性民事关系主要包括知识产权关系与合同关系。科研不端行为所引发的保护性民事关系主要包括侵权关系、违约关系与缔约过失关系。科研不端行为所侵害的客体主要是著作权和商业秘密,能够引发违约与缔约过失的具体科研不端行为主要包括刺窃、伪造、一稿多投,可能引发的民事责任形式体现为停止侵害、消除影响、赔礼道教、赔偿损失。%It is of necessity to analyze research misconduct from the perspective of Civil Law for it may trigger legal consequences. Adjustable civil relations involved in research misconduct include intellectual property relation and contract relation, while consequent protective civil relations involved mainly include tort, breach, and negligence in contracting. The main objects that being infringed by research misconduct are copyrights and trade secrets. The specific research misconducts that may cause breach and negligence in contracting mainly involve plagiarism, falsification and duplicate submission. The forms of civil liabilities that could be caused by research misconduct mainly include cessation of infringement, elimination of ill effects, public apology and compensation for losses.

  5. The Laws Are Yours.

    Science.gov (United States)

    Lawyers' Wives of Wisconsin, Racine.

    The pamphlet briefly describes various facets of the law and legal system in Wisconsin, and defines many legal terms. The objective is to further public understanding of the law and of the legal profession, particularly in Wisconsin. No attempt is made to answer specific legal questions. Sections cover civil and criminal law; the federal court…

  6. INTER-INDUSTRY AND INTRA-INDUSTRY COMMUNICATION NORMS OF THE CIVIL LAW, ESTABLISHING THE LEGAL REGIME OF DANGEROUS OBJECTS OF THE REAL ESTATE

    Directory of Open Access Journals (Sweden)

    Abramov V. V.

    2014-04-01

    Full Text Available This article is devoted to legal regulation especially dangerous objects of the real estate. The paper discusses the various legal links between the different sources of law, establishing the legal status of such real estate objects

  7. 原因理论在葡萄牙(澳门)民法中的应用%The Application of Doctrine of Causa in Portuguese(Macau) Civil Law

    Institute of Scientific and Technical Information of China (English)

    唐晓晴

    2016-01-01

    The Portugal civil theory never takes causa as a factor of obligations,unlike the principles in FrenchCivilCode,sincetheageofCódigo de Seabra.Underthecircumstancesoflegaltransactionandthe drafting of contracts,Portugal(Macau) civil law adopted the legislative model which stands on the ground of Anticausalista.Theonlyplacethatcausaexistsisinenriquecimento sem causa(unjustenrichment)regime. Because the obligation of unjust enrichment has no bilateral nature. However,although Portuguese civil law theorydoesnotadopttheDingliches RechtsgeschäftofGermanlaw,thedoctrineofcausaisstillbeingdiscussed in the acquisition of property regime. It actually reflects the confusion of discussion:the context is not clear enough. Furthermore,in a legislation which has no ground of Dingliches Rechtsgeschäft theory,it is superfluous to discuss the causa of property acquisition.%葡萄牙民法自《塞亚布拉法典》伊始,就没有效仿法国法中将原因作为债的构成要素的做法。在法律行为的形成与合同成立的范畴方面,葡萄牙(澳门)民法可谓是最为彻底的反原因论立法例。“原因”存在的场合主要限于“无因得利”当中,因为无因得利中恰巧缺少对价和双务性。然而葡萄牙民法受到德国民法深刻影响,虽没有采纳物权行为理论,“原因”概念却仍出现在所谓“物权要因原则”当中。这实际上反映出葡国学者对不同语境下具有不同面貌的原因概念,讨论并不充分。况且,如果不采物权行为理论,那么对“要因”的讨论就是多余的。

  8. Study on regulating family's legal station in Civil Law in our country%我国民法对家庭法律地位规制的探究

    Institute of Scientific and Technical Information of China (English)

    王雪娟

    2011-01-01

    家庭在罗马社会被认为是唯一的民事主体,而后自然人、法人逐渐发展为公认的两大主体,家庭在这一过程中退出了民事主体的历史舞台。但是,家庭在经济活动中所起的作用不容小视,相对于家庭成员而言,家庭具有一定的组织性、财产独立性,并且能够独立承担财产责任,而家庭与家庭之间也是彼此独立,因此法律应赋予其民事主体地位。%Family was regarded as only civil subject in Rome society.After it,natural person and juridical person were recognized two subjects gradually,and family step down from the stage of history in this process.However,function of family in economic activity can not be ignored.Relatively speaking of family member,family has certain organizing performance and property is independent,as well as can bear the property liability independently.Family is independent,so law should endow it civil subject station.

  9. The Introduction and Improvement of Civil Protection Order System in Anti-Domestic Violence Law%反家庭暴力立法中民事保护令制度的引进与完善

    Institute of Scientific and Technical Information of China (English)

    贾云飞

    2012-01-01

    民事保护令制度的实质是国家将公民之间的纠纷转化为公民与国家之间的纠纷,以国家的强制力保障公民个人权利的实现。该项制度在引入我国后,在家庭暴力防治方面起到了积极的作用,但是也暴露出适用范围窄、申请程度低等问题。在我国未来的立法中,应在适用范围、申请人保护等方面对其进行完善,以适应我国反家庭暴力立法本土化的要求。%The essence of civil protection order system is to turn the disputes between citizens into disputes between citizens and the state,which can protect citizens' civil rights by national force.This system has played a positive role in preventing and controlling domestic violence since it was introduced into China.However,it also shows such urgent problems as narrow scope of applications and low level of applications etc.In order to meet the need of localization of Anti-Domestic Violence Law in China,the system needs to be further improved in application scope and applicant protection.

  10. 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. The Const

  11. The Clash of Civilizations, Much Ado about Nothing or Something Rotten in the Kingdom of Enforcement! Do IP rights merit special considerations under competition law?

    DEFF Research Database (Denmark)

    Bergqvist, Christian

    2011-01-01

    It is often claimed, but rarely in further detail, that IP rights create tensions under competition law and thus merit special considerations. While little can be held against the first, the latter is significantly less evidential if it involves a restrictive, or no application, as strong arguments...

  12. On the Qualifications of College Students Doing Part-time Jobs as Statutory Civil Subjects in the Labor Law%兼职大学生劳动法主体资格探析

    Institute of Scientific and Technical Information of China (English)

    赵静

    2011-01-01

    由于我国劳动法主体资格规定的模糊及相关法律法规的缺失,在校大学生在兼职过程中劳动权益受到损害的比例很大,对此应当在明确区分兼职、勤工俭学与实习等概念的基础上,借鉴国外做法,将进入劳动关系的兼职大学生纳入劳动法保护范围,使其享受最低工资、工伤保险等劳动保障,同时加强高校兼职管理部门建设并加大相关法律宣传力度。%Due to the inexplicitness in the provisions regarding the qualifications of statutory civil subjects in the Labor Law as well as because of the absence of relevant laws and regulations in this regard,there are a large proportion of student part-timers whose legitimate labor rights and interests are infringed upon in the process of doing their part-time jobs.To counter these problems,based on a clear conceptual distinction among part-time jobs,work-study programs,internships and so on,initiatives should be taken to bring student part-timers into the protection of labor laws in light of the useful practices of other countries so that they can enjoy the minimum wage benefit,industrial damage insurance and other labor security and social insurance schemes.Meanwhile,endeavors should also be made to strengthen the duties of college administrative departments in charge of students' part-time jobs and to reinforce the publicity of laws.

  13. 行政执法类公务员胜任力素质技能标准研究——以税务系统公务员为例%Research on Competency Skills Standards of Administrative Law Enforcement Civil Servants --Taking Taxation Personnel for an Example

    Institute of Scientific and Technical Information of China (English)

    周敏

    2012-01-01

    Competency skill is the basic duty requirements of tax administrative law enIorcement clvll servants, omcc a ,u.s time, tax administrative law enforcement civil servants management has not set up qualified skills standards, making the skills definition, education and training, talents selection of civil servants of administrative law enforcement lack the fundamental basis. The present situation and the current tax administrative law enforcement civil servants man- agement orientation are inconsistent. In order to solve this problem, through interview, questionnaire, expert consul- tation and statistical analysis, this study establishes the tax civil servants of administrative law enforcement competen- cy skills standards, and regards them as an important development of tax administrative law enforcement civil servants management.%胜任力素质技能是税务系统行政执法类公务员履职的基本要求。长期以来,税务系统行政执法类公务员的管理一直没有建立起素质技能标准,导致其素质技能界定、教育培训、人才选拔都缺少基本的依据。这种现状与当前税务系统行政执法类公务员重业务技能的管理导向极不相称。为解决这一问题,本研究通过访谈、问卷、专家咨询、统计分析来建立税务系统行政执法类公务员胜任力素质技能标准,作为时税务系统行政执法类公务员管理依据的重要开拓。

  14. Civil liability, criminal law, and other policies and alcohol-related motor vehicle fatalities in the United States: 1984-1995.

    Science.gov (United States)

    Whetten-Goldstein, K; Sloan, F A; Stout, E; Liang, L

    2000-11-01

    This study examines the associations between alcohol policies and motor vehicle fatality rates from 1984 to 1995 in the United States. State policies and state characteristics variables were merged with motor vehicle fatality rates over an 11 year period and analyzed using minimum logit chi-square method and fixed effects to create a quasi time-series analysis. Laws allowing individuals to sue bars for the drunken behavior of their patrons were the policies most strongly associated with lower minor and adult fatality rates. The mandatory first offense fine was associated with lower minor fatality rates but not adult fatality rates, while minor and adult rates fell after administrative per se license suspension and anti-consumption laws for all vehicle occupants. Many other public policies evaluated were not associated with lower fatality rates.

  15. An Analysis of the Article 127 of the Civil Law%对《民事诉讼法》第一百二十七条之评析--兼论应诉管辖之构成要件

    Institute of Scientific and Technical Information of China (English)

    邹明辉

    2013-01-01

    This article analyzes the deficiencies in the responding jurisdictions, based on an analysis of the Article 127 of the Civil Law. Then it attempts to sort out the elements of responding jurisdictions after studying and researching the enactments of legislation and theories of other countries and areas, which is helpful for a jurisdiction judgment and useful to avoid a fruitless procedure, so that an economic law reform can be put into practice.%文章对我国《民事诉讼法》第一百二十七条之规定进行分析,提出我国现行应诉管辖制度之缺陷。在参考大陆法系各国应诉管辖制度之学说及立法例的基础上,明晰应诉管辖的构成要件,以期有助于判断法院管辖权之有无,使得民事诉讼审判程序的进行避免徒劳,实现诉讼经济之司法改革目的。

  16. COMPULSORY INSURANCE OF CIVIL LIABILITY IN RUSSIA

    Directory of Open Access Journals (Sweden)

    M. Malik

    2014-03-01

    Full Text Available The article outlines the main trends of compulsory insurance of civil liability in Russia : problems, trends and prospectsInsurance of civil liability – one of the popular forms of distribution and security in the world. The essence of compulsory insurance of civil responsibility is to protect the property interests of individuals. The development of liability insurance goes along with technological progress and reinforced by various laws and regulations, it touches almost all areas of life.

  17. COMPULSORY INSURANCE OF CIVIL LIABILITY IN RUSSIA

    OpenAIRE

    Malik, M.; I. Semenchuk

    2014-01-01

    The article outlines the main trends of compulsory insurance of civil liability in Russia : problems, trends and prospectsInsurance of civil liability – one of the popular forms of distribution and security in the world. The essence of compulsory insurance of civil responsibility is to protect the property interests of individuals. The development of liability insurance goes along with technological progress and reinforced by various laws and regulations, it touches almost all areas of life.

  18. Civil Code, 11 December 1987.

    Science.gov (United States)

    1988-01-01

    Article 162 of this Mexican Code provides, among other things, that "Every person has the right freely, responsibly, and in an informed fashion to determine the number and spacing of his or her children." When a marriage is involved, this right is to be observed by the spouses "in agreement with each other." The civil codes of the following states contain the same provisions: 1) Baja California (Art. 159 of the Civil Code of 28 April 1972 as revised in Decree No. 167 of 31 January 1974); 2) Morelos (Art. 255 of the Civil Code of 26 September 1949 as revised in Decree No. 135 of 29 December 1981); 3) Queretaro (Art. 162 of the Civil Code of 29 December 1950 as revised in the Act of 9 January 1981); 4) San Luis Potosi (Art. 147 of the Civil Code of 24 March 1946 as revised in 13 June 1978); Sinaloa (Art. 162 of the Civil Code of 18 June 1940 as revised in Decree No. 28 of 14 October 1975); 5) Tamaulipas (Art. 146 of the Civil Code of 21 November 1960 as revised in Decree No. 20 of 30 April 1975); 6) Veracruz-Llave (Art. 98 of the Civil Code of 1 September 1932 as revised in the Act of 30 December 1975); and 7) Zacatecas (Art. 253 of the Civil Code of 9 February 1965 as revised in Decree No. 104 of 13 August 1975). The Civil Codes of Puebla and Tlaxcala provide for this right only in the context of marriage with the spouses in agreement. See Art. 317 of the Civil Code of Puebla of 15 April 1985 and Article 52 of the Civil Code of Tlaxcala of 31 August 1976 as revised in Decree No. 23 of 2 April 1984. The Family Code of Hidalgo requires as a formality of marriage a certification that the spouses are aware of methods of controlling fertility, responsible parenthood, and family planning. In addition, Article 22 the Civil Code of the Federal District provides that the legal capacity of natural persons is acquired at birth and lost at death; however, from the moment of conception the individual comes under the protection of the law, which is valid with respect to the

  19. 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)

  20. 论对未出生者利益的民法保护%The discussion on civil law protection of unborn person interests

    Institute of Scientific and Technical Information of China (English)

    郑瑞琨; 马华骏

    2009-01-01

    Based on the recognition of civil right capabilities of unborn pen;on,the thesis is illustrated in the theory of legal rescis-sion terms,which provides a more thoughtful protection towards the unborn person.The rights of the unborn person should include right of inheritance,right of accepting gifts,right of life and health and right to be fostered.Once the rights of unborn person are vi-olated,his/her birth mother can claim compensation before he/she is born.%在承认未出生者的民事权利能力的基础上,采用法定解除条件说,对于其利益的保护更为周到.未出生者权利的范围应该包括继承权、接受赠与的权利、健康权和受抚养权等.未出生者的权益受到侵害后,在其出生前,即可就其损害提起损害赔偿的请求.

  1. THE ECONOMICAL IMPLICATIONS OF THE MODIFYING LAW 31/1990 REGARDING THE COMPANIES AND THE NEW CIVIL CODE ON PROPERTY RELATIONS BETWEEN SPOUSES

    Directory of Open Access Journals (Sweden)

    OANA RĂVAŞ

    2012-10-01

    Full Text Available Matrimonial regime is the synthesis of all the rights and obligations of spouses pecuniary valence, having its origins in the institution of marriage, leaving outside their regulatory and other economic issues that may arise property relationships between spouses, as: maintenance obligation, Liberties rights of inheritance. matrimonial regime, considering that it is the synthesis of all the rights and obligations of spouses pecuniary valence, having its origins in the institution of marriage, leaving outside their regulatory and other economic issues that may arise property relationships between spouses, such as: the obligation maintenance, Liberties, rights of Inheritance. Under company law, spouses are not forbidden to own a company, whether it one partnerships, or that they have an association with unlimited in a limited partnership or limited by shares or a company is limited or become shareholders in a joint stock company.

  2. Civil Disobedience.

    Science.gov (United States)

    Martz, Carlton

    2000-01-01

    This theme issue looks at three historical and recent instances of civil disobedience. The first article examines the Free Speech Movement, which arose on the Berkeley campus of the University of California in the 1960s. The second article recounts the struggle of Mahatma Gandhi to free India from the British Empire. The final article explores the…

  3. On the Teaching Reform of Civil and Commercial Law for Non-law Majors: Restoring Legal Nature, Adapt to Professional Need%论非法学专业民商法课程教改——适应专业需要还原法律本质

    Institute of Scientific and Technical Information of China (English)

    郎爱云

    2011-01-01

    The Civil and Commercial Law assumes special tasks in the training scheme for non-law majored students, including but not limited to law papularization, professional and moral education. To improve students' capabilities of solving practical problems and enhance teaching quality and effect, teachers should conduct a systematic teaching reform from both inside and outside, such as specifying the nature and status of the course, properly arraanging the opening time and credit hours, improving Lecture-style or Case-style teaching and phasing in flexible evaluation method.%民商法课程在非法学专业学生的培养方案中承担着普法、专业和道德教育等特殊使命,应明确其性质和地位,科学安排开设时间和课时数量,改良演讲式、判例式等教学方法,辅以新颖生动的教学手段,转变僵硬的考核方法,内外结合的系统的教学改革可尽快提高民商法的教学质量和效果.

  4. Civilization Enhances Law Enforcement%文明擎起执法利剑——论道德对公安执法行为的影响

    Institute of Scientific and Technical Information of China (English)

    杨银霞

    2011-01-01

    The police force,an important safeguarding force for the justice and legal rights of the public,should have ethic thinking in carrying out their duties to demonstrate both justice and respects for social culture.At the same time,in law enforcement,sound ethic is also a complement to legal system,which can keep the force with high professionalism and away from corruption.%公安队伍是我国公民实现合法权利和公平正义的重要保障力量。公安人员要在执法行为中灌入道德约束因子,体现出法治对社会文化的尊重、对公平正义的追求。同时,公安人员在执法中遵循良好的道德,也能弥补目前我国法制的不完善,使文明的公安队伍保持清廉本色,保持高度的职业责任感,积极妥善地解决执法中的实际问题。

  5. Les Glasgow Rent Strikes de 1915 ou quand la désobéissance civile des femmes contraint le législateur When Female Disobedience Lays Down the Law: the 1915 Glasgow Rent Strikes

    Directory of Open Access Journals (Sweden)

    Olivier Esteves

    2009-08-01

    Full Text Available The outbreak of World War I in 1914 generated a massive influx of workers into the Clyde area, a hugely strategic region for heavy industry (shipyards, but also ammunition factories. This influx caused rents to rise in a certain number of districts, mostly around the factories and the shipyards. In order to protest against such grossly unfair increases, the women of Glasgow and their families decided to refuse to pay the new rents. They argued that they too contributed actively to the war effort, and that, by imposing rent hikes, the landlords of Glasgow and their factors implicitly sided with the German foe, by weakening a portion of the population so instrumental in supplying the British armed forces on the continent. After several months of actively sustained civil disobedience, Parliament passed a law that fixed rents until the end of the conflict. But in actual fact the Glasgow Rent Strikes generated certain changes that were to go way beyond the peculiar context of the Great War.

  6. International resources law

    Energy Technology Data Exchange (ETDEWEB)

    1991-01-01

    This book covers: Historical origins of civil code legal systems; Modern civil law practice for mineral lawyers; Treaties and agreements for protection of international investments; Europe 1992-toward a single energy market; Dispute resolution in international agreements; Assessment of political risk; Reducing political risk; Protecting mineral investments from upheaval in developing countries; Typical world petroleum arrangements; government take in the Pacific Rim - Papua New Guinea; Mineral base of the USSR and prospects of investment; International taxation for the mining practitioner; Tax considerations - branch versus subsidiary; Doing business in the host country - nontax considerations; Impact of host-country laws on operations and profits; Mineral development and native rights - New Zealand; Designing the investment vehicle: mining; International oil and gas joint ventures; Selected U.S. laws with extraterritorial effect; U.S. tax and securities laws applied to foreign joint venturers; and Extraterritorial effect of U.S. laws.

  7. 32 CFR 935.20 - Applicable law.

    Science.gov (United States)

    2010-07-01

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

  8. 空白票据补充权基础问题的民法学分析%The Analysis of Fundamental Problems of the Supplementary Right of the Blank Commercial Instrument in the Civil Law Perspective

    Institute of Scientific and Technical Information of China (English)

    李大何

    2014-01-01

    Blank commercial instrument, also known as blank authorized bill, refers to the commercial instru-ment that the person who acts on commercial instrument only signs his name on the bill, and leaves the rest of items to be recorded, partly or even entirely, to other people to finish.And the supplementary right of the blank commercial instrument, terns out to be the central issue in this field.Since the supplementary right of the blank commercial instrument is a civil right, we can analyze it in the civil law perspective.About its theo-retical basis, there are mainly four doctrines:theory of appointment, theory of agency, theory of contract, and theory of authorization.After compare these theories and the supporters’ point of view of each other, we can draw a conclusion that the theory of authorization is the most appropriate one.Finally, concerning the type of the right, we find that it is a dilemmatic situation between admitting that the supplementary right of the blank commercial instrument is a right of formation and applying to the limitation of actions.%空白票据,又称空白授权票据,是指票据行为人仅在票据上签名,而将票据上的其他应记载事项,全部或一部分交由他人完成的票据。而空白票据补充权是其中的核心问题。空白票据补充权是民事权利,故应从民法角度对其进行剖析。关于空白票据补充权的理论基础,主要有委任说、代理说、契约说、授权说四种。在以民法视角比较分析相关理论及支持理由之后,可知授权说最为妥当。最后,关于权利类型问题,发现在承认其为形成权,以及适用诉讼时效之间,发生了一个两难的选择。

  9. Responsabilidade civil

    OpenAIRE

    Dalanhol, André

    2002-01-01

    Dissertação (mestrado) - Universidade Federal de Santa Catarina, Centro Tecnológico. Programa de Pós-Graduação em Engenharia de Produção. 1. INTRODUÇÃO - aborda o tema Responsabilidade Civil - Reparação do Dano Moral Ambiental, de forma sucinta, justificando sua aplicabilidade no direito brasileiro, discorrendo acerca de cada etapa do trabalho; 2. MEIO AMBIENTE - CONCEITO - proposta de um conceito mais amplo de meio ambiente, que melhor se coadune com a realidade atual, uma vez que os con...

  10. Civil liability for ecologic damage and repairing

    OpenAIRE

    Basílio, Patrícia Droeber; Faculdades de Vitória, Espírito Santo, Brasil

    2009-01-01

    This article analyses how civil liability takes position regarding situations connected to damages caused to the environment, defined ways in our legislation reprimanding damages caused and existent ways of prevention and repairing. The text contemplates how law disciplines such issue, looking for efficient and effective solutions and also checking evolution and modification from law which are relevant to the environment, the environmental law, whereas we observe it is a serious issue that ha...

  11. RECRUITMENT AND PROFESSIONAL TRAINING OF CIVIL SERVANTS

    Directory of Open Access Journals (Sweden)

    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.

  12. 自始不能履行合同有效与民法规范体系之间的协调%The Coordination between the Effectiveness of the Contract that from the Beginning Is Unable to Perform and the System of Civil Law

    Institute of Scientific and Technical Information of China (English)

    郭健; 郭昌炤

    2013-01-01

      In China the effectiveness of the contract that from the beginning is unable to perform is confirmed by the contract which is consistent with the international practice. However, in the current system of China's civil law, there are several legal acts between the effectiveness of the contract that from the beginning is unable to perform and the juristic act of civil law and the"Contract Law" of 51.This article discussed about the coordination between the effectiveness of the contract that from the beginning is unable to perform and the system of civil law from the point of hermeneutics and the application of the law, looking forward to the further study of the problem.%  我国合同法确认了自始不能履行合同有效,此立法与国际通行做法一致,其法理的正当性应得到肯定。但是,自始不能履行合同有效在我国民法的现行体系下,存在与《民法通则》的法律行为、《合同法》51条的协调问题。本文从解释学与法律适用的角度,对自始不能履行合同有效与民法体系的协调进行梳理,期待该问题的进一步深入研究。

  13. Handbook For Military Justice and Civil Law

    Science.gov (United States)

    1996-02-01

    entire class—that he was a real bad dude. Apparently, while at the reformatory, he was diagnosed as having a schizoid personality with alternating...deterioration of the brain, mental retardation, or psychiatric disorders . Personality disorders not rising to the level of mental illness do not...para. 6105. a. Basis: personality disorder (1) Correct Naval Justice School Rev- 2/96 Publication IV-46-7 Handbook for Military Justice

  14. Handbook for Military Justice and Civil Law

    Science.gov (United States)

    2000-09-01

    9999 Dear Mr. and Mrs. Jones: I regret the necessity of informing you that your son, Yeoman Third Class Fred Paul Jones who enlisted in the Navy on... regretted this incident. I believe that alcohol affected my judgment that night. It was totally out of character for me. It will never happen again...of different types and decide which is less severe. For example, is the loss of 500 lineal numbers more or less severe than forfeiture of $25 per

  15. 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.

  16. ADMINISTRATIVE REGULATION IN RENDERING CIVIL SERVICE IN THE SYSTEM OF LEGAL ENACTMENTS

    Directory of Open Access Journals (Sweden)

    Valeria V. Lich

    2013-01-01

    Full Text Available The article studies the place of administrative regulation in rendering civil service in the hierarchy of the Russian laws and regulations. The problem whether to consider administrative regulation in civil service as a departmental law, issued by federal authorities, or as a clarification to federal laws and an instruction on its execution, is discussed in the article.

  17. Concept Model of Ecological Civilization Regulated by Nature,Society and Government

    Institute of Scientific and Technical Information of China (English)

    2011-01-01

    We studied theoretic development of ecological civilization,and put forward the concept model of ecological civilization regulated by nature,society and government.In the construction of ecological civilization,the nature,society and government play different roles and have respective functions.Therefore,we should build a self-regulating network of ecological civilization through natural law,social law,as well as scientific outlook on development.

  18. Jurisprudència i bibliografia sobre la funció pública - The Civil Service: Case Law and Literature - Jurisprudencia y bibliografía sobre la función pública

    Directory of Open Access Journals (Sweden)

    Gemma Geis Carreras

    2012-12-01

    Full Text Available L’article analitza les novetats jurisprudencials i doctrinals aparegudes amb posterioritat a l’aprovació de Estatut bàsic de l'empleat públic (EBEP. En aquest sentit, s’inicia un recorregut amb les darreres sentències del Tribunal Constitucional respecte del dret fonamental a l’accés a la funció pública, passant pels requisits d’accés a la funció pública, les garanties del procediment de selecció envers les mesures de discriminació positiva, polítiques d’igualtat i d’inserció de les persones discapacitades, finalitzant amb l’adquisició i pèrdua de la condició de funcionari. Cal destacar que el context de crisi econòmica actual està present en el treball. L’aprovació de mesures d’un control més gran del dèficit públic ha comportat la impugnació davant dels tribunals de justícia de l’adopció de mesures que afecten els drets retributius dels empleats públics, especialment, del personal laboral. D’altra banda, es fa esment a la publicació de treballs que reflexionen respecte de les mesures de reorganització administrativa, reducció de treballadors públics, la incidència de la reforma laboral en la negociació col·lectiva i la modificació de les condicions de treball dels treballadors públics en el si de les administracions públiques.This article analyzes the novelties in case law and doctrine that have appeared subsequent to the passage of the Basic Statute for Public Employees. In this regard, the article reviews the most recent sentences of the Constitutional Court regarding the fundamental right of access to the civil service, including the requirements for joining the civil service, the guarantees of the selection procedure with respect to affirmative action and the policies for the equality and inclusion of persons with disabilities, and lastly, the acquisition and loss of one´s status as a civil servant. It should be emphasized that the context of the current economic crisis is

  19. Bijuralism in Law's Empire and in Law's Cosmos.

    Science.gov (United States)

    Kasirer, Nicholas

    2002-01-01

    Using the example of McGill University's bijural program, explores how teaching the common and civil law traditions together provides an opportunity to teach in law's "cosmos" rather than its "empire," so that a bijural legal education can plainly and confidently ally itself with the great university tradition of prizing…

  20. Bijuralism in Law's Empire and in Law's Cosmos.

    Science.gov (United States)

    Kasirer, Nicholas

    2002-01-01

    Using the example of McGill University's bijural program, explores how teaching the common and civil law traditions together provides an opportunity to teach in law's "cosmos" rather than its "empire," so that a bijural legal education can plainly and confidently ally itself with the great university tradition of prizing knowledge over…

  1. 论涉外动产物权的法律适用问题以我国“涉外民事关系法律适用法”为视角%On the Application of Law to Foreign-related Chattels From the Perspective of the Law of the People’s Republic of China on Application of Laws to Foreign-related Civil Relations

    Institute of Scientific and Technical Information of China (English)

    陆勇洲

    2014-01-01

    According to the Law of the people’s Republic of China on Application of Laws to Foreign-related Civil Relations, when referring to the law application of foreign-related chattels,a priority should be given to the autonomy of will of the party’s and then apply the law with the principle of“lex loci rei sitae”. It becomes a trend in obligation of real right that the principle of autonomy of will of the party’s in the law of obligation has been introduced into real right realm. However,this inevitably gives an unfavorable impact on the traditional property jurisprudence,which may result in less guaranteed security in international commercial trade. Nowadays,most countries have adopted the principle of“lex loci rei sitae”as for as chattels and realties are concerned,and the principle of“mobilia sequuntur personam”of personal law is being given a minor position by those nations. Yet,application of laws to foreign-related chattels is more complex than that to realty issues,and it may causes collision in applying the conflict law due to the complex structure of chattels and the uncertainties of the location of realties. Thus,many countries have defined some exceptional circumstances.%我国《涉外民事关系法律适用法》规定,对于涉外动产物权的法律适用问题,以当事人的意思自治为优先原则,再依照“物之所在地法”的原则进行法律适用。将债法的意思自治原则引入物权领域的规定融合了物权债权化的发展趋势,但是也冲击了传统的物权的法理领域,可能不利于国际商事交往中的交易安全。纵观世界,现在大部分国家对动产和不动产统一适用“物之所在地法”原则,“动产随人”的“属人法”原则逐渐在各国的立法中淡化。但是,涉外动产的法律适用问题要远远比不动产复杂,在适用法律的实践过程中又会因为动产的构成因素复杂性与不同动产处所的不可确定性等

  2. 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.

  3. 我国干部教育培训制度演进规律与发展趋势研究%Laws and Trends of Civil Servants' Education and Training System in China

    Institute of Scientific and Technical Information of China (English)

    杨中华

    2013-01-01

    The article uses the system design, organization, human resource management and some relevant theories and methods from the perspective of learning organization by timeline. The paper deconstructs the evolution cause, analyzes the characteristics of the four stages, extracts and summarizes the laws of civil servants' education and training system (CSETS) in China, and simultaneously compares the developments of the CSETS at home and abroad. Finally it find put that the CSETS is standardized gradually and training institutions are market - oriented and diversified. The CSETS not only pays attention to the needs and assessments of training, but also concerns about the personal professional development and self - growth while stressing organizational needs. Although the CSETS forms the concept of human resource training and development channels initially, some shortcomings and gaps still exist when comparing with foreign countries.%以学习型组织为切入点,以时间为轴,利用制度设计、组织、人力资源管理等相关理论与方法,对教育培训制度演进动因进行解构,系统梳理我国干部教育培训四个阶段的特征、提炼总结我国干部教育培训制度演进的规律,同时比较国内外干部教育培训发展动态,发现我国干部教育培训制度逐步规范化、培训机构逐步市场化与多元化、注重培训需求与效果评估,强调组织需求的同时关注个人职业发展和个人成长,初步形成了干部教育培训是人力资源培养和开发渠道的理念,但与国外相比还存在不足与一定差距.

  4. A Joint Legal Services Agency and a Joint Operational Law Practice: The Services’ Judge Advocates and Lawyers Move Toward the Next Century

    Science.gov (United States)

    1993-04-05

    Labor Law , Patents, and Regulatory Law. The Navy, which has a significant procurement activity in Rossyln, Virginia, and the overall responsibility for...acquisition, procurement fraud, admiralty law, labor law , environmental law, patent and regulatory law. During Phase III, this Directorate will...in approaching many functional areas-- Civil Litigation, Administrative Law, International and Operational Law, Criminal Law, Acquisition Law, Labor

  5. Civil Liability for Environmental Damages

    Directory of Open Access Journals (Sweden)

    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.

  6. Etica civile e beatitudini evangeliche

    Directory of Open Access Journals (Sweden)

    Nicola Colaianni

    2014-02-01

    Full Text Available Il contributo, sottoposto a valutazione, riproduce il testo dell’intervento nel dibattito a due voci (con il presidente della Corte costituzionale, Gaetano Silvestri a conclusione del convegno “La Bibbia sulle strade dell’uomo” (Messina, 23 novembre 2013, ed è destinato alla pubblicazione negli Atti.SOMMARIO: 1. L’etica civile come etica costituzionale – 2. L’etica evangelica – 3. Irriducibilità? – 4. La promessa e il terzo – 5. La libertà – 6. Il tratto di cammino insieme.  Civil Ethic and Evangelical Beatitudes ABSTRACT The differences between civil ethic and religious ethic, that the Author defines as constitutional principles and evangelic Beatitudes, are well known: it’s common knowledge that the ones are effective in the earthly life while the others are oriented to the eternal life. Nevertheless the Author argues that they both have a common feature before that last analysis: they cross as principles of continuing opposition to unjust society, to “unlawful law”, to spreading apart between the constitutional and evangelic must be and the legislative being of positive law.KEY-WORDS: Civil Ethic – Constitution – Evangelical Beatitudes – Differences - Common Feature.

  7. THE FRAMEWORK OF INSOLVENCY LAW

    Directory of Open Access Journals (Sweden)

    LAVINIA IANCU

    2012-11-01

    Full Text Available There are a number of ways to classify the legal systems or legal families of the world, but in general legal families across the globe will in many jurisdictions either have an English law, or what can broadly be termed a Civil law, orientated foundation. When analyzing the insolvency laws of various jurisdictions such foundation will also show up in the variety of insolvency laws. But certain aspect of insolvency law will be affected by local legal culture, basic rights and the way in which a system deals with related matters such as the security rights provided for, or the approach to labor issues for instance.

  8. Corrective justice as a principle of civil liability

    OpenAIRE

    2015-01-01

    This paper is focused on the principle of corrective justice as one of the basic principles of civil liability in the context of the modern living and increasing risks. The question that is raised with this paper is the influence the modern living and increasing risks have on the established bases of civil liability and tort law in general.

  9. New Civil Rights Act Coverages - Progress or Racism?

    Science.gov (United States)

    Martin, Galen

    1975-01-01

    The growing list of added coverages in state and local civil rights laws is diluting the fight against racial discrimination by weakening enforcement through loading civil rights agencies with many new areas of coverage which are diverting them from their original purpose of ending discrimination against racial and religious minorities. (EH)

  10. 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...

  11. 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...

  12. 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 agreeme...

  13. [Expertise in the context of criminal law].

    Science.gov (United States)

    Vermylen, Yvo

    2005-01-01

    The procedures of expert investigations in criminal law are different from those in civil law. Being an expert in criminal law investigations assumes thorough knowledge of dentistry, forensic investigations and of rules and procedures to follow. Adequate training and continuous education are mandatory.

  14. 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)

  15. 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 f

  16. State Education Agency Civil Rights Responsibilities.

    Science.gov (United States)

    Siegel, Peter

    This memorandum addresses the responsibility of State Education Agencies (SEAs) for insuring that local educational agencies do not violate students' civil rights. The SEA's duty is said to arise from two sources. First, in most if not all States, State law mandates that State education officials supervise and regulate the conduct of local school…

  17. Civil Litigation in China and Europe

    Directory of Open Access Journals (Sweden)

    Marko Bratković

    2014-01-01

    Full Text Available Reviewed book: Civil Litigation in China and Europe: Essays on the Role of the Judge and the Parties (= 31 Ius Gentium: Comparative Perspectives on Law and Justice (C.H. (Remco van Rhee & Fu Yulin, eds. (Springer 2014.

  18. The iron law of politics.

    Science.gov (United States)

    Salzman, Philip Carl

    2004-09-01

    Political philosophers have doubted the compatibility of various major values, such as equality and freedom. Ethnographic and historical evidence has indicated the presence of (1) economic equality and individual freedom in the absence of civil peace in segmentary societies based on self-help; (2) economic equality and civil peace in the absence of individual freedom in corporate societies; and (3) individual freedom and civil peace in the absence of economic equality in mercantile and capitalist societies. However, little if any evidence has documented all three -- economic equality, individual freedom, civil peace -- in stable coexistence. By way of delineating the relations between and among the values in question, I offer "The Iron Law of Politics," which asserts that economic equality, individual freedom, and civil peace cannot all exist simultaneously in any society, although any two of the three can.

  19. Discussion on the Necessity and Basic Ideas of Strengthening Metrology Administration Laws and Regulations for Civil Aircraft Industry%浅析加强民用飞机工业计量监管法规建设的必要性与基本思路

    Institute of Scientific and Technical Information of China (English)

    张学涛; 周世锋; 邢向楠; 李少壮

    2014-01-01

    Combined with the current development of civil aircraft industry and metrology work features of relevant departments, the paper analyzes the necessity to strengthen metrology administration laws and regulations for civil aircraft industry, and initially proposes principles, bas-ic ideas and main contents of metrology administration laws and regulations. It will provide a reference to prefect the metrology&measurement as-surance system and strengthen the metrology administration of product development for relevant departments.%结合当前我国民用飞机工业发展现状和相关部门计量工作特点,分析了加强民用飞机工业计量监管法规建设的必要性,初步提出了民用飞机工业计量监管法规的制定原则、基本思路和主要内容,为行业主管部门完善民用飞机产品计量测试保证体系和加强产品研制过程的计量监督管理提供了参考。

  20. SOME FEATURES OF THE RELATIONSHIP OF CIVIL LIABILITY OF PUBLIC ENTITIES

    OpenAIRE

    2014-01-01

    The article deals with the civil liability of public entities as a kind of civil legal relationships. We have analyzed the features of this relationship in comparison with a common understanding of civil liability legal relationship, which is not complicated with public-law entity

  1. 77 FR 23229 - Submission for OMB Review; Assurance of Compliance-Civil Rights Certificate

    Science.gov (United States)

    2012-04-18

    ... Submission for OMB Review; Assurance of Compliance--Civil Rights Certificate SUMMARY: The Office for Civil Rights (OCR) has enforcement responsibilities under several civil rights laws, including Title VI, Title... ``Download Attachments'' to view. Written requests for information should be addressed to U.S. Department...

  2. Business Law

    DEFF Research Database (Denmark)

    Föh, Kennet Fischer; Mandøe, Lene; Tinten, Bjarke

    Business Law is a translation of the 2nd edition of Erhvervsjura - videregående uddannelser. It is an educational textbook for the subject of business law. The textbook covers all important topic?s within business law such as the Legal System, Private International Law, Insolvency Law, Contract law......, Instruments of debt and other claims, Sale of Goods and real estate, Charges, mortgages and pledges, Guarantees, Credit agreements, Tort Law, Product liability and Insurance, Company law, Market law, Labour Law, Family Law and Law of Inheritance....

  3. Family Enterprise in Czech Civil Code

    Directory of Open Access Journals (Sweden)

    Janku Martin

    2016-12-01

    Full Text Available For more than two decades the family business enterprises of the first generation (generation of founders are more and more dominating in the category of today’s small and medium–sized enterprises in the Czech Republic. The necessary legal background defining the legal relationships and rights of all participating persons was, however, limited to general provisions in the Commercial Code that has not solved many of the problems associated thereto. Only in 2012 the new Czech Civil Code, Act. No 89/2012 Coll., introduced the institute of family enterprise as completely new term in the Czech Civil law. The presented paper aims to analyse the key rules of this new legal regulation, focusing on significant aspects of the institute in the context of commercial law and family law, as well as, to highlight the potential weaknesses and gaps existing in the regulation.

  4. The New Civil Code: Monistic Theory between Intention and Reality

    Directory of Open Access Journals (Sweden)

    Maria DUMITRU

    2013-12-01

    Full Text Available According to the explanatory memorandum, by adopting a new Civil Code the intention was to introduce the regulatory monistic conception of t he relations in private law in one code. Therefore the legislator declares that it incorporated “all” regulations regarding persons, family relations and trade relations in a single act: the Civil Code. To what extent the above stated intention is reflected in reality we try to analyze below. Both before adopting the new civil Code and also now, the controversy aroused by the unitary/plural character of private law only concerns the area of trade and commerce. Because the monistic theory of regulatory issues, has always bordered on the civil-commercial law relationship, our approach will also only fit in this range.

  5. COMPARATIVE CHARACTERISTICS OF INSURANCE OF CIVIL LIABILITY OF MOTOR VEHICLES IN FOREIGN COUNTRIES

    Directory of Open Access Journals (Sweden)

    M. Malik

    2015-08-01

    Full Text Available The article outlines the main trends of compulsory insurance of civil liability in Ukraine and abroad. There were major problems allocation and market law. Highlighting the main trends and vectors of insurance of civil liability of vehicles. Consider the possible prospects of development and the comparative characteristics of insurance of civil liability of owners of vehicles in Ukraine and abroad. The influence of state supervision in terms of law and supervision of insurance companies in the form of civil legal insurance. Described problems insurance of civil liability of today. Compulsory insurance of civil liability of owners of vehicles, which aims to protect the property interests of citizens and legal persons in case of adverse effects is important for society. In the study of the mandatory insurance of civil liability of attention paid to the compulsory insurance of civil liability of owners of vehicles.

  6. Russian Contract Law for Foreigners

    Directory of Open Access Journals (Sweden)

    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.

  7. Sources of Hong Kong Civil Legal Proceedings Legal Regulation

    Directory of Open Access Journals (Sweden)

    Elena P. Ermakova

    2014-06-01

    Full Text Available In the present article author gives characteristic of the civil legal proceedings sources of legal regulation in Hong Kong: statute law, delegated legislation, general law, the Chinese common law. System of the Hong Kong law sources completely corresponds to the system of England civil procedural law sources. Till June 30, 1997 Hong Kong was a colony of the Great Britain. Since 1997 Hong Kong became a special administrative region of the People's Republic of China (PRC. Laws of Hong Kong on courts, on proofs, on the legal aid, on administration of justice contain references to the corresponding English legal acts. The feature of the Hong Kong legal system is due to the fact that Hong Kong Basic Law of 1990 sets on the territory of the country a simultaneous action of two systems of the legislation until 2047: legislation of Hong Kong created before 1997 under the influence Great Britain and legislation of People's Republic of China which regulates questions of foreign policy and country’s defense. The list of sources of the civil procedural law of Hong Kong includes: 1 statute law; 2 delegated legislation (rule of courts; 3 general law (precedents. Author gives opinions of jurists and practicians both from China, and from other countries, present own definitions and justifications.

  8. Project of law authorizing the approval of the agreement between the government of the French republic and the government of the Russian federation relative to the civil liability by way of nuclear damage owing to the supply of materials from the French republic devoted to nuclear facilities in the Russian federation; Projet de loi autorisant l'approbation de l'accord entre le gouvernement de la republique francaise et le gouvernement de la federation de Russie relatif a la responsabilite civile au titre de dommages nucleaires du fait de fournitures en provenance de la republique francaise destinees a des installations nucleaires en federation de Russie

    Energy Technology Data Exchange (ETDEWEB)

    Raffarin, J.P.; Villepin, D. de

    2002-07-01

    An agreement between France and Russia was signed on June 20, 2000 about the civil liability of Russia because of the supply of French material devoted to Russian nuclear facilities. This agreement was necessary because Russia do not belong to any of the two big international civil liability systems relative to nuclear energy, i.e. the Paris convention from July 29, 1960 (in the OECD framework) and the Vienna convention from May 21, 1963 (in the IAEA framework). This agreement offers a protection to the French nuclear suppliers against any damage claims in the case of a nuclear accident occurring on the Russian federation territory. This project of law aims at approving this agreement. (J.S.)

  9. On the Civil Liability of Defective Financial Contribution Shareholders from the Perspective of the Third Judicial Interpretation of Law of Corporation%瑕疵出资股东的民事责任探讨——以《公司法》司法解释(三)为视角

    Institute of Scientific and Technical Information of China (English)

    柳叶

    2012-01-01

    司法实践表明,因股东瑕疵出资引发的纠纷占公司诉讼案件相当大的比例。而我国《公司法》对瑕疵出资股东的民事责任的规定过于简单和粗糙,今年新颁布的《公司法》司法解释(三)在此问题上有了很多的进步,但仍有一些理论依据的缺乏和制度安排的不足。本文以该解释(三)为视角,从理论上对瑕疵出资股东应承担的民事责任的性质和形态及相关重要的特别事项作了展开式的分析和探讨,以求实现理论上的圆满并提供对实践上的帮助,促进立法对股东瑕疵出资的民事责任体系的进一步完善。%Judicial practice reveals that disputes arise from defective financial contribution of shareholders ac- count for a large proportion in lawsuits among corporations. The civil liabilities of the defective shareholders, however, are not precise and specific enough in the Law of Corporation in China. The newly enacted "the Third Judicial Interpretation of Law of Corporation" has been improved a lot, but the lack of theoretical basis and insti- tutional arrangements still exist. This paper probes into the problem from the perspective of "the Third Judicial Interpretation of Law of Corporation" and tries to provide a theoretical analysis on the character, form and rele- vant important points of the civil liability of defective financial contribution shareholders in order to achieve an ideal theoretical frame and provide help in practice and perfect the civil liability system of defective shareholders in legislation.

  10. Civil Society and Governance

    DEFF Research Database (Denmark)

    Hulgård, Lars

    An illustration of how important the relationship is between civil society anbd governance. A short historic journey with four snapshots of times and situations that have provided interesting evidence about the connection between civil society and governance. My goal for the short historic journey...... is to make clear and hopefully even verify that providing knowledge about the impact of civil society and citizens’ participation on governance is one of the most urgent research tasks in the current period of time....

  11. Breve Itinerario Acerca de las Teorías Civiles de la Personalidad Jurídica. Su Impacto en el Common Law y en el Levantamiento del Velo Societario

    OpenAIRE

    Saavedra Velazco, Renzo E.

    2011-01-01

    En este artículo el autor, partiendo de un contexto histórico preliminar, nos permite analizar el surgimiento de la personalidad jurídica, las teorías que la desarrollan y el concepto de la misma. Además desarrolla claramente el concepto de velo societario y su calificacion jurídica. Finalmente expone un breve análisis en relación a la propuesta de reforma al Código Civil presentada en el 2006."

  12. On Legislative Perfection of Civil Procedure Law under the Background of Constructing Harmonious Society%论和谐社会背景下民事诉讼立法的完善——兼议《民事诉讼法修正案(草案)》

    Institute of Scientific and Technical Information of China (English)

    陆岳松

    2012-01-01

    Under the background of constructing socialist harmonious society, a basic value objective is critical to balance efficiency and fairness which can actively resolve social disputes, and provides effective judicial relief for various rights. In such a background, the newly amendment of the civil procedure law (draft) is issued to give a full revision to the current civil procedure law whose purpose is to set up a set of litigation system which not only conforms to the judicial rules, but also to China's national conditions and make the dispute resolution achieve the best effect.%在构建社会主义和谐社会的今天,更需要一个兼顾效率与公正的基本价值目标,积极化解社会纠纷。对各种权利提供有效司法救济的民事诉讼法。而刚刚公布的《民事诉讼法修正案(草案)》就是建立在这样的时代背景下,对现行的民事诉讼法加以全面的修订,其目的就是建立一套既符合司法规律,又符合中国国情.使纠纷解决能取得最佳效果的诉讼制度。

  13. Refractions of Civil Society

    DEFF Research Database (Denmark)

    Kuzmanovic, Daniella

    The thesis investigates various perceptions of civil society among civic activists in Turkey, and how these perceptions are produced and shaped. The thesis is an anthropological contribution to studies of civil society in general, as well as to studies on political culture in Turkey....

  14. 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...

  15. Civil Procedure In Denmark

    DEFF Research Database (Denmark)

    Werlauff, Erik

    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...

  16. 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...

  17. EUROPEIZAREA DREPTULUI PROCESUAL CIVIL

    Directory of Open Access Journals (Sweden)

    Alexandrina Zaharia

    2006-05-01

    Full Text Available The European Union increases the judiciary cooperation in civil and comercial cases with trans-border incidence, based on the principle of mutual recognition of judiciary rulings. The aim of adopting frame-legislation is to ensure the developement of civil procedures. The Council Regulations no. 44/2001 on the competence, the recognition and the enforcement of judiciary rulings in civil and commercial cases is a “real” Code of civil procedure in this matter, to be applied in the member states, thus ensuring the free circulation of the judiciary rulings according to the principles of mutual recognition, mutual trust and reinforcement of juridical security in the union. The community civil procedural code prevails over the national procedural code. The Regulations ensure the administration of the community justice and through their rules avoid the pronunciation, in the member states, of rulings that are irreconcilable with each other, the direct beneficiaries being legal and natural persons.

  18. Criminal Law

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    <> book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....... book contains a thorough description of Danish substantive criminal law, criminal procedure and execution of sanctions. The book was originally published as a monograph in the International Encyclopaedia of Laws/Criminal Law....

  19. 政府理性的生态秩序考量*--论生态文明视角下的法治政府建构%Deliberations on the Ecological Order by the Government’s Rationality:Establishment of the Government by Rule of Law from the Perspective of the Ecological Civilization

    Institute of Scientific and Technical Information of China (English)

    程雨燕; 杨解君

    2015-01-01

    中国是后发型法治现代化国家,其构建法治政府的动力来源于政府凭借理性进行制度设计加以推进,借此发挥政府理性的优势,确保政府推进不至于偏离方向。但是,在现有的学术观点及评估实践中,法治政府与生态文明并未被关联起来,二者仍然处于简单的平行关系。这与目前环境破坏、资源告急已然危及政府安全的事实,以及党的政策文件的最新决策和论断并不相符。由于生态秩序是政府理性的应有之义,而政府理性又是生态秩序的坚实保障,法治政府与生态文明之间应当是复杂的螺旋结构,必须将生态文明建设纳入法治政府建构的整体思路之中。生态文明建设对于法治政府建构而言既是理念目标,也是重要内容,还是检验手段,需要在法治政府建构的三个层面———价值基准、指标设计和实践反哺分别加以展现。%As a second - moving modernized nation under the rule of law,China strives to establish the government by rule of law depending on the government’s rationality to push forward system planning and to prevent such advantage from deviation. However,based on the present academic theories and assessments, the government by rule of law has not been related to the ecological civilization but rather they maintain a sim-ply parallel way. Such situation fails to deal with the fact that the devastating environment and scarcity of re-sources have jeopardized the safety of government,and it does not comply with the latest policies and decisions issued by the Party Central Committee. Since the ecological order is innate from the government’s rationality, the latter should be a solid safeguard for the former. Therefore,the government by rule of law and ecological civilization ought to bear a complex spiral structure,in which the latter should be integrated into the holistic establishment of the former. Further,the establishment of

  20. Nuclear law: transports. Nuclear civil liability. International cooperation and trade. Non proliferation and peaceful use of atomic energy; Droit nucleaire: transports. Responsabilite civile nucleaire. Cooperation et commerce internationaux. Non-proliferation et utilisation de l'energie atomique a des fins pacifiques

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2006-07-15

    The object of this work is since its first edition in 1983 under the title 'Collection of nuclear activities legislation and regulation ' to realize an ordered collection of texts constituting the juridical and institutional frame of nuclear activities, gathering the legislative, regulatory and technical texts; the international, European and national texts. Aiming to include the whole of the atom applications, this collection tackles various themes, in ten chapters. The volume number five is constituted by the following chapters: Transports; nuclear civil liability; international trading and cooperation; nonproliferation and peaceful use of nuclear energy. (N.C.)

  1. Offer and Acceptance under the Russian Civil Code

    OpenAIRE

    Valery Musin

    2013-01-01

    The article deals with a procedure of entering in to a contract under Russian civil law both atthe 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.

  2. 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.

  3. Climates, Landscapes, and Civilizations

    Science.gov (United States)

    Schultz, Colin

    2013-10-01

    Humans are now the dominant driver of global climate change. From ocean acidification to sea level rise, changes in precipitation patterns, and rising temperatures, global warming is presenting us with an uncertain future. However, this is not the first time human civilizations have faced a changing world. In the AGU monograph Climates, Landscapes, and Civilizations, editors Liviu Giosan, Dorian Q. Fuller, Kathleen Nicoll, Rowan K. Flad, and Peter C. Clift explore how some ancient peoples weathered the shifting storms while some faded away. In this interview, Eos speaks with Liviu Giosan about the decay of civilizations, ancient adaptation, and the surprisingly long history of humanity's effect on the Earth.

  4. The New Development of Interim Measures in International Commercial Arbitration in China:From the Perspective of the Revised Civil Procedure Law and Amendments of Arbitration Rules%国际商事仲裁中临时措施在中国的新发展--以民诉法修改和仲裁规则修订为视角

    Institute of Scientific and Technical Information of China (English)

    李晶

    2014-01-01

    The revised 2012 CiviL Procedure Law added the provisions of pre-arbitration interim measures, put the act conservation into the category of interim measures,but remained the excLusive power of Chinaˊs court to issue an interim measure. The newLy promuLgated arbitration ruLes aLso made some amendments to the interim measures,the arbitration ruLes of Shanghai arbitration center of the free trade zone in 2014 went fur-ther,not onLy reguLated the power of an arbitration tribunaL to issue an interim measure,but aLso estabLished the urgent arbitration tribunaL system,which couLd make an interim measure before the estabLishment of an normaL arbitration tribunaL. These ruLes break through the traditionaL system of the CiviL Procedure Law. This articLe anaLyzes the interaction of the revised civiL procedure Law and amendments of arbitration ruLes on the in-terim measures,suggesting that the arbitration tribunaL shouLd be given the power to make interim measures, the act conservation shouLd be incLuded into the scope of interim measures,the system of“emergency arbitra-tion tribunaL”shouLd be estabLished,which is usefuL for the parties to get reasonabLe reLief. Furthermore,the provisions of the LocaL Law shouLd be compLied when enforcing the interim measures.%2012年民诉法修改增加对仲裁前临时措施的规定,并将行为保全纳入临时措施的范畴,但仍未改变只能由我国法院发布临时措施的单轨制设计。新近颁布的一些仲裁规则也对临时措施作出修订,特别是2014年上海仲裁中心的自贸区仲裁规则走得更远,不仅规定了仲裁庭和紧急仲裁庭发布临时措施的权力,也将临时措施的发布时间扩展到仲裁前、仲裁庭成立前和仲裁中。这些规则突破了传统民诉法的规定。通过分析民诉法修改和仲裁规则修订对国际商事仲裁中临时措施的交互作用,认为应当赋予仲裁庭作出临时措施的权力,将行为保全纳入仲裁中

  5. 28 CFR 16.89 - Exemption of Civil Division Systems-limited access.

    Science.gov (United States)

    2010-07-01

    ... affirmative enforcement actions based upon alleged violations of regulations or of civil or criminal laws.... Amendment of the records would interfere with ongoing criminal law enforcement proceedings and impose an... process. (7) Subsection (e)(5). In compiling information for criminal law enforcement purposes,...

  6. 民法典视角下的继承原则重构--兼评杨立新、杨震《修正草案建议稿》%Reconstruction of Inheritance Principles from the Perspective of the Civil Code---Review of Theories Proposed by Professors Yang Li-xin and Yang Zhen on the Revised Draft Recommendation for the Inheritance Law of PRC

    Institute of Scientific and Technical Information of China (English)

    任江

    2014-01-01

    囿于继承法同时具有身份法与财产法、任意法与强行法等多种不同维度的法学属性,客观上决定了以调整财产关系为主的民法基本原则并不能够完全适用于继承法。鉴于继承法未来将纳入我国民法典体系的需要,这种制度内在价值的冲突要求继承法具备独立的继承原则以起到制度衔接协调功能与规则解释补充功能。在对我国现行《继承法》修订时,有必要以成文法形式列举“保护私有财产继承权”、“继承权男女平等”、“养老育幼与照顾病残”、“互谅互让与和睦团结”以及“权利义务一致”五项继承原则,而这五项原则也是指引《继承法》补充完善以及制度创新的立法依据与价值追求。%The Inheritance law has multidimensional legal characters, such as combination of status law and property law and concurrence of default rules and mandatory rules, so that the basic principles of civil law mainly adjusting property relations cannot be applied to the inheritance law completely.However, since the in-heritance law is proposed to be one part of civil code of china in the future, the internal value conflict requires that the inheritance law should develop its own principles to perform functions of system coordination and rules interpretation.Therefore, in revising the Inheritance Law of China, it is suggested to formulate five principles of inheritance in statutory forms such as,“protection of inheritance right to private property”,“equal inherit-ance right between female and male”,“indispensable legal inherited share for the old-aged, children, sick and physical disabled”,“mutual understanding and harmonious accommodation”, and“coherence of enjoying rights and performing duties”.These five principles are also the legislative basis and value pursuit for improve-ment and innovation of the Inheritance Law.

  7. Civil & Criminal Penalties

    Data.gov (United States)

    US Consumer Product Safety Commission — When CPSC is involved in a civil or criminal investigations into violations of the Consumer Products Safety Act the Commission publishes final determinations and...

  8. Civil Surgeon Info

    Data.gov (United States)

    Department of Homeland Security — USCIS designates certain doctors (also known as civil surgeons) to perform the medical exam required for most Green Card applicants. This data set represents the...

  9. 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...

  10. THE RELATION BETWEEN THE CRIMINAL ACTION AND THE CIVIL ACTION

    Directory of Open Access Journals (Sweden)

    BOGDAN FLORIN MICU

    2013-05-01

    Full Text Available In Romania, the free access to the law is considered a fundamental human right, enriched by the Constitution itself. In practice, the committing of an illegal act may cause prejudice, being described as a civil offense, but at the same time may create a report of criminal law, attracting the criminal liability, in which case it is called offense. This is how we find in the jurisprudence, both civil action and criminal action, so that, in this study we try to present some singularities of these two types of actions, and of the relation between them.

  11. THE RELATION BETWEEN THE CRIMINAL ACTION AND THE CIVIL ACTION

    Directory of Open Access Journals (Sweden)

    Bogdan Florin MICU

    2013-06-01

    Full Text Available In Romania, the free access to the law is considered a fundamental human right, enriched by the Constitution itself. In practice, the committing of an illegal act may cause prejudice, being described as a civil offense, but at the same time may create a report of criminal law, attracting the criminal liability, in which case it is called offense. This is how we find in the jurisprudence, both civil action and criminal action, so that, in this study we try to present some singularities of these two types of actions, and of the relation between them.

  12. Transnationalising Civil Society?

    DEFF Research Database (Denmark)

    Jørgensen, Martin Bak

    The paper takes a transnational perspective on developing an analytical framework for understanding how transnationalism interacts with civil society and how immigrant organisations use transnational strategies to challenge the pre-given positions of immigrants within given integration- and citiz......The paper takes a transnational perspective on developing an analytical framework for understanding how transnationalism interacts with civil society and how immigrant organisations use transnational strategies to challenge the pre-given positions of immigrants within given integration...

  13. 43 CFR 4.1157 - Determination by administrative law judge.

    Science.gov (United States)

    2010-10-01

    ... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Determination by administrative law judge... judge. (a) The administrative law judge shall incorporate in his decision concerning the civil penalty.... (b) If the administrative law judge finds that— (1) A violation occurred or that the fact...

  14. 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...

  15. N. 2874 Report realized for the foreign Affairs commission on the law project n. 2785 authorizing the approbation of international agreements on the civil liability in the nuclear energy domain; N. 2874 Rapport fait au nom de la commission des affaires etrangeres sur le projet de loi n. 2785 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

    This report is discussing the approval of two new protocols aiming to modify the OECD convention on the civil liability in the nuclear energy domain. After a 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 new protocols. (A.L.B.)

  16. Analysis of Related Issues of Paternity Identification in Civil Litigation --- Review of the Second Item in The Judicial Interpretation of Marriage Law (The Third)%民事诉讼中亲子鉴定相关问题探析——兼评《婚姻法司法解释(三)》第二条

    Institute of Scientific and Technical Information of China (English)

    吴洪锋

    2012-01-01

    In recent years, more and more marital family litigation cases involve paternity identification. As the fruit of modem science and technology development, paternity identification plays an important role in the judicial practice, especially in the civil litigation. Since long our country has no clear legal norms for paternity identification, it has failed to give full play to its judicial role. "The Judicial Interpretation of Marriage Law ( The Third)" released in 2011 July has definitely prescribed the parties to the case, judicial organs and judges not to agree on which is right of paternity testing without the onus of proof and presumption of evidence, and extend its function in civil trials to a larger extent.%近年来,婚姻家庭诉讼案件中涉及亲子鉴定的日益增多,作为现代科学技术发展成果的亲子鉴定在司法实践中,特别是在民事诉讼中发挥着重要作用。我国长期以来在亲子鉴定方面没有明确的法律规范,其司法作用未能充分发挥。2011年8月发布的《婚姻法司法解释(三)》对案件当事人、审判机关及法官莫衷一是的亲子鉴定举证责任及证据推定均做出了明确规定,将更大程度地发挥亲子鉴定在民事审判中的作用。

  17. 大陆法系欧陆国家配偶、子女、父母法定继承制历史考%On History of Intestate Succession of Spouse, Children and Parents---A Perspective Centering on Civil Law Countries in European Continent

    Institute of Scientific and Technical Information of China (English)

    郭少飞

    2014-01-01

    自古罗马至今,配偶、子女、父母法定继承制呈现强烈的伦理色彩,是民族精神最浓厚的法律制度之一,其变革缓慢,制度化的不平等最近才消除。但作为遗产分配方法,技术性突出,发展趋同,欧陆各国最终在同构的现代社会与家庭形态之上,基于共同的价值原则,建构了大体类似的三者法定继承制。对此,我国既要吸收该制度蕴含的人类文明社会基本价值准则,也要基于国情进行本土化制度建构。%The system of intestate succession of spouse , children and parents has been showing strong ethics color and is one of the legal institutions with the most national spirit from ancient Rome up to now .The change of the system is so slow that institutionalized inequal-ity has been recently removed.However, the system, as a method of distributing the heritage, has prominent technical features and similar development trend .In the end, the civil law countries in European continent built the broadly identical system of intestate suc -cession of spouse , children and parents with common value principles based on the isomorphic modern society and family .As for Chi-na, construction of the system not only should adopt the common value principles in human civilized society , but also should be prece-ded according to China ’ s national conditions .

  18. Os direitos civis das mulheres casadas no Brasil entre 1916 e 1962: ou como são feitas as leis Civil rights for married women in Brazil, from 1916 through 1962: or better, how laws are made

    Directory of Open Access Journals (Sweden)

    Teresa Cristina de Novaes Marques

    2008-08-01

    Full Text Available A historiografia sobre transformações culturais associa modificações no modelo de família a mudanças econômicas de ordem estrutural, tal como industrialização e crescimento da população urbana. A sociedade brasileira mudou radicalmente da segunda metade do século XIX aos anos 1950. Ainda assim, foi preciso um processo de decisão amadurecido no Congresso para ajustar o país legal ao país real. Este artigo examina um aspecto dessa separação: o poder que os maridos detinham como tutores de suas esposas. Em termos metodológicos, são examinados os debates parlamentares sobre direitos de mulheres casadas em dois momentos históricos: nos anos 1930 e 1950.The branch of historiography that studies cultural changes relates modifications to family models and structural economical changes, such as industrialization and growth of urban life. Brazilian society, for instance, changed radically between the second half of the 19th Century and the 1950s. Even so, adjustments between legality and reality took a long time to mature in the Parliament. This article examines one aspect of such discrepancies between legal and real world: the tutorial power of husbands over their wives. In methodological terms, the article analyzes parliamentarian debates on women's civil rights in two moments of the history of Brazilian political institutions: in the1930s and in the 1950s. It examines which forces interacted to make institutional changes concerning women in Brazil along this period a viable option.

  19. 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.

  20. Las fuentes de las normas sobre interpretación de las leyes del "digeste des lois civiles" ("code civil") de la luisiana (1808/1825)

    OpenAIRE

    Guzmán Brito, Alejandro

    2009-01-01

    En este artículo se examinan las fuentes usadas por los autores del primer código civil promulgado en América, concretamente en la Luisiana, bajo el nombre de Digeste des lois civiles, en 1808, para componer sus normas sobre interpretación de las leyes. La conclusión es que tales fuentes son las pertinentes normas del Project de Code Civil de 1800, antecedentes del Code Civil de 1804, ciertos pasaje de los Commentaries on the Laws of England de William Blackstone y una nota a esta obra de su ...

  1. El Certificado sucesorio europeo y el poder testatorio en el Derecho civil foral de Vizcaya

    Directory of Open Access Journals (Sweden)

    ANDRÉS MARÍA URRUTIA BADIOLA

    2015-05-01

    Full Text Available The article focuses on the relations between the trust regulated by the Basque civil law and the new European Certificate of Inheritance and the juridical effects of these relations. El trabajo realiza una primera aproximación entre la figura del comisario sucesorio de Derecho civil foral vizcaíno y el Certificado Sucesorio Europeo y sus consecuencias.

  2. 全球卫星导航服务提供者的民事责任研究--以美国立法与实践为视角%Civil Liability of the GNSS Service Provider:From the Perspective of the American Law and Practice

    Institute of Scientific and Technical Information of China (English)

    高琦

    2016-01-01

    随着全球卫星导航技术的不断发展与应用,全球卫星导航服务提供者面临着一系列法律的风险并应承担相应责任,主要为合同责任与侵权责任。根据美国国内法及司法判例的发展,卫星导航信号侵权具有可诉性;且随着产品责任法的现代化,已显现出由产品责任调整卫星导航信号侵权的趋势。中国可以借鉴美国经验,完善现有侵权责任制度,进而制定适合中国国情的卫星导航信号侵权责任。%With rapid development of the GNSS technology and the global application of GNSS , there will be a series of civil liability imposed on the GNSS service providers , including contract liability and tort liability .In accordance with the American law and judicial practice , the plaintiff could file a lawsuit again the GPS service provider in U.S.A.And from the perspective of American court , there will be a tendency to use the product liability resolving the disputes caused by GPS malfunction and defective signals .Through the analysis on the American law and practice, the author is focusing on develop the characterized Chinese liability systems to cope with GNSS malfunction and defective signals .

  3. 进步中的退守--《中华民国民法典·亲属编》立法之痛%Progress in the Retreat-The Legislative Defect of Code of the Republic of China Civil Law, Family Volume’ s

    Institute of Scientific and Technical Information of China (English)

    龚含

    2016-01-01

    Code of the Republic of China Civil Law , Family Volume ’ s legislative basis was based on the Three People’ s Principles rather than the previous family standard .The Code proceeded from the social standard , respected individual freedom , paid attention to equality .The Code made big progress in the punish-ment of marital property , the freedom of divorce , children ’ s marriages compared with the previous law .It stipulated the freedom of engagement which meant parents can't book the engagement for their children .Wife and children can have their own private property is also stipulated clearly .All these reflected its modern legal thoughts , but the Code also reserved some sort of the paternity and the authority of the husband .The chapter"home"in the Code showed its inheritance of the old system .And for this reason , it was being questioned . The progress accompanied with conservation was kind of historical regression .It was really regretful .%《中华民国民法典·亲属编》弃以往之“家族本位”转而以三民主义精神立法,从社会本位出发,尊重个人自由、平等;在夫妻财产之处分;离婚之自由;子女订婚等方面与以往法律相比进步明显;其规定了订婚自由,父母不能代订婚约;妻、子女可拥有自己之私财等现代法治思想;但对夫权、父权亦有保留,“家”之一章,更显其对旧制继承,此种进步中的退守令人惋惜。

  4. 浅论新《民事诉讼法》对医疗纠纷案件司法鉴定的影响%Discussions on the Influence of New Civil Procedure Law on the Forensic Appraisal of Medical Disputes

    Institute of Scientific and Technical Information of China (English)

    寇兴华; 郭殊嘉; 宋世强

    2014-01-01

    新《民事诉讼法》对司法鉴定相关问题作出了调整,包括完善举证期限、鉴定人出庭、专家辅助人制度等,从而进一步推动了医疗纠纷司法鉴定的规范化建设;但对鉴定时限、鉴定人的权利、专家辅助人的资质等方面仍未予以明确规定,这将对医疗纠纷案件的审判产生重要影响。文章围绕各方主体的举证期限和鉴定时限、鉴定人出庭的权利保障以及专家辅助人制度等进行了分析,提出了完善医疗纠纷司法鉴定制度的意见和建议。%New Civil Procedure Law has made an adjustment to the related systems of judicial authentication, including perfecting adducing evidence, the appearance of judicial appraisers, expert auxiliary, etc., so as to further promote the standardization of medical disputes judicial authentication. But the time limit for appraisal、the right of judicial appraisers, and the qualification of expert auxiliary have not been stipulated in the law, which will have great influence on the judgment of medical disputes. After analyzing the time limit of adducing evidence and identification of various parties, right protection of the appearance of judicial appraisers and expert auxiliary system, this paper puts forward opinions and suggestions to perfect the forensic appraisal of medical disputes.

  5. NEGLIGENCE AND MISUSE OF AN OFFICIAL POSITION FAULT OR MENS REA OF THE CIVIL SERVANT?

    OpenAIRE

    Adina Daniela RUS; Laura Leda PANAIOT

    2009-01-01

    The topic of this paper concerns a thorough analysis of two crimes enshrined in the Romanian Criminal Code – negligence and misuse of an official position by a civil servant. Its content lies at the borderline of three areas of law: Criminal, Administrative and European Community Law. Within its first chapter the authors display a series of information regarding the concept of civil servant as perceived in several different legal systems, also comprising the European Union. Furthermore, there...

  6. 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.

  7. Application of Whitehead Education Rhythm Theory in Civil Law Teaching of Higher Vocational Legal Affairs Professional%浅论怀特海教育节奏理论在高职法律事务专业民法教学中的运用

    Institute of Scientific and Technical Information of China (English)

    温慧卿; 姜丽

    2012-01-01

    怀特海的教育节奏理论认为人的认知过程经历浪漫、精确和综合运用三个阶段。该理论契合了高职民法教学的要求。教育节奏理论要求教师在教学中应当根据学生认知过程中的“浪漫—精确一综合运用”分别在“自由”、“纪律”和“自由”阶段适用案例教学、讲授教学和诊所式教学等教学模式。%Whitehead's educational rhythm theory is that a person's cognitive processes experienced romantic, accurate and comprehensive use of the three stages. The theory fit the requirements of the Vocational civil law teaching. Education rhythm theory requires teachers teaching should be based on students' cognitive processes "romantic - accurately - comprehensive application", respectively, in the stage of' freedom "," discipline "and" freedom "teaching, lecturing teaching and clinic tea- ching such as the teaching mode.

  8. Civil Society and Distributional Conflicts in Southeast Asia

    DEFF Research Database (Denmark)

    Schmidt, Johannes Dragsbæk

    2010-01-01

    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......This contribution examines the debate about civil society in a comparative political economy perspective. Its main approach relies on two inspirations: One is the famous assertion by Karl Polanyi that markets do not evolve organically but are instead the creations of vested interests. Another...... 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...

  9. [Civil, criminal and ethical liability of medical doctors].

    Science.gov (United States)

    Udelsmann, Artur

    2002-01-01

    In the last years doctors have been the target of a growing number of civil, criminal law suits, as well as ethical procedures. Medicine is a widely targeted career, not only owing to its inherent risks, but also owing to a mistaken approach of the Judiciary Power about the obligations of medical doctors. Decisions of the Medical Board in ethical procedures have an impact in civil and criminal justice and therefore should be followed closely. The purpose of this review is to provide a wide view from a doctor-lawyer perspective of cases involving civil, criminal liability of anesthesiologists as well as ethical procedures against them, in an effort to make them comprehensible to doctors. After a brief historical introduction civil liability foundations and legal articles are examined. Responsibilities of doctors, hospitals and health insurance providers are discussed separately, as well as reparation mechanisms. Crimes possible to occur during medical practice and respective penalties are described; the direct relationship between crime and civil reparation is demonstrated. The administrative nature of ethical procedure is described, emphasizing that the legal character of its penalties often serve as grounds for civil and criminal justice decisions. Prevention is still the best medicine. Good medical practice and a good medical-patient relationship are still the best ways to minimize lawsuits and their repercussions. Doctors should have some knowledge of juridical mechanisms in lawsuits and ethical procedures, but should not take defense initiatives without prior consultation of an attorney. Civil, criminal and ethical liability of physicians.

  10. Creative Ventures: Ancient Civilizations.

    Science.gov (United States)

    Stark, Rebecca

    The open-ended activities in this book are designed to extend the imagination and creativity of students and encourage students to examine their feelings and values about historic eras. Civilizations addressed include ancient Egypt, Greece, Rome, Mayan, Stonehenge, and Mesopotamia. The activities focus upon the cognitive and affective pupil…

  11. History and Undergraduate Civilization.

    Science.gov (United States)

    Conroy, Peter

    1995-01-01

    It is argued that a traditional, historically-oriented course in 17th- and 18th-century French civilization continues to be an appropriate and effective approach for undergraduate French study, in preparation for later, more sophisticated cultural analysis. Four course components are discussed: class lectures; literary text selection; textbook…

  12. 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.

  13. Re-thinking civil disobedience

    Directory of Open Access Journals (Sweden)

    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.

  14. The Investigation of the Legislation on Domestic Violence in Typical State in Civil Law System%《反家庭暴力法(征求意见稿)》的域外经验--大陆法系典型国家涉家庭暴力立法的考察报告

    Institute of Scientific and Technical Information of China (English)

    李春斌

    2015-01-01

    There are two modes in the legislation on domestic violence in typical state in civil law system:one is the specific legislation on domestic violence,such as in Germany,France,Japan and South Korea;and the other is no specific legislation on domestic violence,such as in Switzerland,Italy and Russia.As for the for-mer one,the reason for the introduction to the specific legislation on domestic violence is the lack of legal re-sources and the better protection of the rights of victims.The specific legislation on domestic violence enjoys its particularity in legal procedures,rules of evidence,legal liability,protection measures,etc.The compre-hensive legislation model is employed,in which the specific legislation on domestic violence plays the most important role with the help of the combined effects of civil law,criminal law and so on to protect the rights of victims.There is positive correlation between the single legislation and the protection of the victims’rights and interests.Whether there is the specific legislation on domestic violence or not,the domestic violence crime are different from the ordinary ones,which is not directly connected with the socio-economic develop-ment.In order to protect the rights of victims,our country needs the specific legislation on domestic violence.%大陆法系典型国家的涉家庭暴力立法,分为两种模式,一种是有家庭暴力单项立法的模式,另一种是无单项立法的模式。前者有德国、法国、日本、韩国,后者有瑞士、意大利、俄罗斯。就前者而言,其单项立法出台背景是现有法律资源不足以保障受害人权益。单项立法在法律程序、证据规则、法律责任及保护措施等方面有其特殊性。在立法模式上,采综合立法模式,即以家庭暴力单项法为主体,通过民法、刑法等法律部门综合作用来保障受害人权益。在实施效果上,单项立法和受害人权益保护程度呈正相关关系。无

  15. "Doing Business" come scopo della giustizia civile

    OpenAIRE

    Caponi

    2015-01-01

    Aim of the paper is to shed light on some problems arising from the use of indicators for evaluating and comparing the performance of national judicial systems in a cross-country perspective, taking cue from assessing the impact of indicators on the reforms of the Italian civil justice system in the last ten years. I have written this paper as a sort of by-product in the framework of a wider research project I am carrying out as a Senior Global Research Fellow at NYU School of Law in the acad...

  16. Property Law

    OpenAIRE

    Dean Lueck; Thomas J. Miceli

    2004-01-01

    This chapter examines the economics of property rights and property law. Property law is a fundamental part of social organization and is also fundamental to the operation of the economy because it defines and protects the bundle of rights that constitute property. Property law thereby creates incentives to protect and invest in assets and establishes a legal framework within which market exchange of assets can take place. The purpose of this chapter is to show how the economics of property r...

  17. Civility in Classes and Sports

    Science.gov (United States)

    Lumpkin, Angela

    2010-01-01

    Civility is a polite or courteous act, expression, or standard of conduct, including the display of respect and tolerance to everyone. Teaching and modeling civility in classes and with sport teams is essential so students and athletes can learn the importance of and demonstrate civility in their interactions with others. Teachers and coaches…

  18. Exploring Civilizations with 'Seven Wolves'

    Institute of Scientific and Technical Information of China (English)

    Yang Jie

    2007-01-01

    @@ Beijing - A farewell party for the CCTV (China Central Television) crew 'Road to Civilizations-Global Exploration Tour of World Major Civilizations' - the world's first TV series documenting the journey of exploring the 12 civilizations in the human world, was sponsored by Fujian Septwolves Industry Co., Ltd and held at the Beijing Landmark hotel on 16 January.

  19. The Limitation of Western Civilization And the Revival of Oriental Civilization

    Institute of Scientific and Technical Information of China (English)

    Su; Hao

    2014-01-01

    <正>In the distribution of modem world civilizations,the Oriental civilization and Western civilization are the two major civilization systems.Western civilization is often represented by the Christian civilization in Europe and North America on both sides across the North Atlantic.Oriental civilization appears more diversified,among which the Chinese civilization,India civilization and Islamic civilization are the most influential

  20. Research on Ecological Civilization Evaluation Index System

    Institute of Scientific and Technical Information of China (English)

    2009-01-01

    Ecological civilization, which refers to the harmonious development of man and the nature, has the connotation of the ecological material civilization, ecological consciousness civilization, ecological institutional civilization and ecological behavior civilization. The research on ecological civilization evaluation index system is important in that it can provide the guidance for the construction of ecological civilization, and besides it can improve public recognition of the importance of ecological civil...

  1. Two centuries of the Austrian Civil code (1811-2011

    Directory of Open Access Journals (Sweden)

    Nikolić Dušan

    2011-01-01

    Full Text Available Austrian civil code (Allgemeines bürgerliches Gesetzbuch - ABGB, ACC succeeded in resisting the challenges of time for two centuries. A number of factors influenced it's longevity. First of all, prior to adoption of the law, a long lasting and well designed work, which has been described in greater detail in this article, was done. The Code was written gradually, with lots of recalculations, checks and public debates. In legal literature, it is often written about a unique lawmaking experiment, which Austrian authorities made by implementing the Code in one part of the state territory. The Code was written for feudal order, but according to principles of natural law. This second thing has, in addition to widely formulated and flexible legal norms, left enough space for extensive interpretation of outdated rules, and filling in the legal lacunas, whose number was increasing as the time passed. Courts often used this opportunity in a creative manner, contributing to survival of the Code. Many additions and changes were made to the Code, but there were few of those who thought that it should be changed by a new one Code. Austrians are preparing a more detailed revision of the ACC, which will allow modernization of the national law and it's synchronization with trends in current European law, but on the other hand, to preserve the two century old legal heritage. The second part of this article is dedicated to the influence of the Austrian Civil Code on the development of civil law in the former Yugoslavia and Serbia. ACC served as model for adoption of the Serbian Civil Code of 1844. It was applied as a positive law in the first half of XX century, in one part of the territory of today's Autonomous Province of Vojvodina. Formally, legal rules of the Austrian Civil Code can even be applied today, according to the Law on Nullity of Legal Regulations Enacted Prior to 6th of April 1941, and During the Enemy Occupation. However, that possibility is more

  2. Manifestations of advanced civilizations

    Science.gov (United States)

    Bracewell, R. N.

    A list of possible modes of detecting advanced civilizations elsewhere in the universe is provided, including EM Alfven, and gravity waves, matter transfer, and exotica such as tachyons, black hole tunneling, and telepathy. Further study is indicated for low frequency radio wave propagation, which may travel along magnetic fields to reach the earth while laser beams are not favored because of the power needed for transmitting quanta instead of waves. IR, X ray, and UV astronomy are noted to be suitable for detecting signals in those ranges, while Alfven wave communication will be best observed by probes outside the orbit of Jupiter, where local anomalies have less effect. Particle propagation communication is viewed as unlikely, except as a trace of an extinct civilization, but panspermia, which involves interstellar spreading of seeds and/or spores, receives serious attention, as does laser probe or pellet propulsion.

  3. Insolvencias. Civil y societaria

    Directory of Open Access Journals (Sweden)

    Gustavo Bordes Leone

    2014-01-01

    Full Text Available El deudor civil que, para substraerse al pago de sus obligaciones, ocultara sus bienes, simulara enajenaciones o créditos, se trasladara al extranjero o se ocultare sin dejar persona que lo represente, o bienes a la vista en cantidad suficiente para responder al pago de sus deudas, será castigado con pena de tres meses de prisión a tres años de penitenciaría. La acción penal no podrá ser ejercitada sino a denuncia de parte, y sólo en el caso de que la insolvencia del deudor resulte comprobada por actos infructuosos de ejecución en la vía civil.Antecedentes históricas. La insolvencia fraudulenta. Insolvencia societaria fraudulenta: Análisis crítico.

  4. Civil society sphericules

    DEFF Research Database (Denmark)

    Tufte, Thomas

    2014-01-01

    This article explores the communicative practice of a Tanzanian NGO, Femina. Based on a tripartite model of engagement (Madianou, 2012) integrating speech, action and understanding, and drawing on fieldwork on the communication practices of Femina, I critically assess the forms of civic engagement...... movement and a media initiative. In the context of the growing literature on social networking sites and their affordances, dynamics and structures, the case of Femina illustrates how a civil society sphericule emerges within the dynamic co-evolution of new and old media platforms. The study is furthermore...... an example of the difficult shift in civil society practice, from service provision to an agenda of public service monitoring, social accountability and community engagement....

  5. USAGES – THE LEGAL REGIME IN NEW CIVIL CODE

    Directory of Open Access Journals (Sweden)

    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.

  6. Case - Case-Law - Law

    DEFF Research Database (Denmark)

    Sadl, Urska

    2013-01-01

    Reasoning of the Court of Justice of the European Union – Constr uction of arguments in the case-law of the Court – Citation technique – The use of formulas to transform case-law into ‘law’ – ‘Formulaic style’ – European citizenship as a fundamental status – Ruiz Zambrano – Reasoning from...

  7. Where is the dividing line? The case of Spanish civil procedure

    OpenAIRE

    2009-01-01

    En el artículo se analiza hasta qué punto la división tradicional entre sistemas procesales de civil law y sistemas procesales de common law está bien definida, teniendo en cuenta las dudas que, respecto de algunos elementos, podría suscitar un sistema propio del Derecho continental, como el español

  8. 《民事诉讼法》修改与不予执行仲裁裁决——以北京仲裁委员会为对象的实证分析%On the Non- Enforcement of Arbitral Award with Background of Revising Civil Procedural Law- An Empirical Analysis in Practice Related to Beijing Arbitration Commission

    Institute of Scientific and Technical Information of China (English)

    王亚新; 陈福勇

    2012-01-01

    There is much debate currently on how to revise the grounds for non - enforcing arbitral award stipu-lated in article 213 of China civil procedural law. To provide beneficial reference for related discussion, it is necessary to do an empirical analysis of the first - hand data from the arbitration and judicial practice. Study on rulings concerned with the non - enforcement of the awards issued by Beijing Arbitration Commission from 1995 to 2010 ex- presses that factors illustrating the non - enforcement of an award are diverse. From the perspective of practice, at least the ground related to fact finding stipulated in Article 213 (4) should be changed into "falsifying or eoncealing evidence" which is stipulated as grounds of setting aside award in Article 58 of China arbitration law.%目前学界和仲裁界对《民事诉讼法》第213条规定的不予执行仲裁裁决的条件是否修改及怎样修改存在较大争议。为了给相关讨论提供有益素材,有必要取得来自仲裁及司法实践的第一手资料并作实证性的考察。通过对北京仲裁委员会1995—2010年仲裁裁决被不予执行的裁定进行分析发现,影响不予执行的因素是多元的。从实务的视角出发,至少应把第213条第(四)款牵涉事实认定的事由统一到《仲裁法》第58条作为撤销仲裁裁决事由的“伪造或隐瞒证据”的规定上去。

  9. PUBLICORDER AS A CATEGORY OF NATIONAL AND INTERNATIONAL PRIVATE LAW

    Directory of Open Access Journals (Sweden)

    AFANASYEVA E.

    2012-01-01

    Full Text Available It has already been accepted that the fundamental civil law principle of freedom of contract is greatly restricted. Such restrictions play the role of legally invalidating contracts that contradict public order requirements (public order, public policy. The focus of this article is such legal phenomenon as public order from the point of view of national and international private law.

  10. 42 CFR 423.1068 - Administrative Law Judge's decision.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Administrative Law Judge's decision. 423.1068 Section 423.1068 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN... Civil Money Penalties § 423.1068 Administrative Law Judge's decision. (a) Timing, basis and content....

  11. 42 CFR 423.1026 - Disqualification of Administrative Law Judge.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 3 2010-10-01 2010-10-01 false Disqualification of Administrative Law Judge. 423.1026 Section 423.1026 Public Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND... Procedures for Civil Money Penalties § 423.1026 Disqualification of Administrative Law Judge. (a) An ALJ...

  12. 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... ADMINISTRATION, DEPARTMENT OF HOMELAND SECURITY ADMINISTRATIVE AND PROCEDURAL RULES INVESTIGATIVE AND ENFORCEMENT PROCEDURES Rules of Practice in TSA Civil Penalty Actions § 1503.607 Administrative law judges. (a) Powers...

  13. 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

  14. SPECIFIC FEATURES OF THE LIABILITY FOR CONTRAVENTION IN ENVIRONMENTAL LAW

    Directory of Open Access Journals (Sweden)

    ANDRADA MIHAELA TRUSCA

    2012-05-01

    Full Text Available Along with civil liability and criminal liability, contravention liability comes to complete the classical forms of liability applicable in the environmental protection field. This form of liability, unlike the civil liability, which has a predominantly repairer character, has a sanction character, intervening in the case in which a subject of law does not comply with a conduct established by a rule of public law. Although contravention liability is not a specific liability of environmental law, it has an important economic role and constitutes a serious means of prevention, contraventions sanctions being the most often applied in cases of non-compliance of environmental rules.

  15. Letter: Climate law: path paved for civil action

    NARCIS (Netherlands)

    Si, Y.; Prins, H.H.T.

    2015-01-01

    The Lancet Commission on Health and Climate Change last month concluded that climate change is a risk to public health (N. Watts et al. Lancet http://doi.org/56b; 2015). In the same week, a Dutch court ordered the government of the Netherlands to improve its reduction of greenhouse-gas emissions to

  16. 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.

  17. Intellectual Reflection and Civil-Military Relations in Lithuania

    Directory of Open Access Journals (Sweden)

    Šlekys Deividas

    2015-12-01

    Full Text Available Civil-military relations in Lithuania have serious deficiencies, which have appeared because of the emulation of a recommended Western model of civilian control. After regaining Independence, Lithuania had the difficult task of creating its armed forces and system of national defence following the Western model. At the same time we had to implement two political programs: to create functioning armed forces and a institutional-legal system of democratic civil-military control. However, this control is not only proper laws and functioning institutions. Equally, an important role must be given to intellectual reflection, which enables the posing of questions such as: what is war; how is the character of war changing; how does this affect Lithuanian defence policies and the perception of threats? Raising such questions inside the armed forces and in wider political and civil society is an essential condition for having effective and flexible civilian control over the military.

  18. 22 CFR 1006.920 - Civil judgment.

    Science.gov (United States)

    2010-04-01

    ... creates a civil liability for the complained of wrongful acts, or a final determination of liability under... 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...

  19. 34 CFR 85.920 - Civil judgment.

    Science.gov (United States)

    2010-07-01

    ... creates a civil liability for the complained of wrongful acts, or a final determination of liability under... 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...

  20. 21 CFR 1404.920 - Civil judgment.

    Science.gov (United States)

    2010-04-01

    ... creates a civil liability for the complained of wrongful acts, or a final determination of liability under... 21 Food and Drugs 9 2010-04-01 2010-04-01 false Civil judgment. 1404.920 Section 1404.920 Food and...) Definitions § 1404.920 Civil judgment. Civil judgment means the disposition of a civil action by any court...

  1. 22 CFR 1508.920 - Civil judgment.

    Science.gov (United States)

    2010-04-01

    ... creates a civil liability for the complained of wrongful acts, or a final determination of liability under... 22 Foreign Relations 2 2010-04-01 2010-04-01 true Civil judgment. 1508.920 Section 1508.920...) Definitions § 1508.920 Civil judgment. Civil judgment means the disposition of a civil action by any court...

  2. 22 CFR 208.920 - Civil judgment.

    Science.gov (United States)

    2010-04-01

    ... creates a civil liability for the complained of wrongful acts, or a final determination of liability under... 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...

  3. 2 CFR 180.915 - Civil judgment.

    Science.gov (United States)

    2010-01-01

    ... creates a civil liability for the complained of wrongful acts, or a final determination of liability under... 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...

  4. Secrets Law

    Directory of Open Access Journals (Sweden)

    Luz Helena Guamanzara Torres

    2013-01-01

    Full Text Available This paper provides a review of the book The Law of Secrets, of the author Juan Carlos Martínez-Villalba Riofrío studying the secrets and how law does protect. To this end, the author has analyzed the general theory of secrecy, secrets and methodology, its overall rating, essential elements and their different legal dimensions, the secret as a subjective right. It also establishes that professional secrecy is protected by constitutional principles such as the right to privacy.

  5. Commentary: inventing diagnosis for civil commitment of rapists.

    Science.gov (United States)

    Zander, Thomas K

    2008-01-01

    In the past two decades, public fear and antipathy toward sexual offenders have led to public registries of their names and addresses, longer prison sentences, consideration of the death penalty, and civil commitment laws that allow potentially lifetime preventive detention after these offenders complete prison sentences. Twenty states and the federal government have enacted such civil commitment laws. Some forensic evaluators of rapists base findings supporting such commitment on the diagnosis of paraphilia not otherwise specified, using this miscellaneous category as a substitute for a proposed diagnosis that was rejected for inclusion in the Diagnostic and Statistical Manual of Mental Disorders (DSM) in 1986. Despite the deliberate rejection of such a hypothesized rape paraphilia for DSM, and despite a continued lack of research supporting the validity or interrater reliability of such a diagnosis, it is widely used as a basis for confining rapists. This article discusses the history and ethics-related implications of this forensic practice.

  6. Codificación civil

    OpenAIRE

    Verdera Server, Rafael

    2012-01-01

    Conferencias sobre la codificación civil: aspectos históricos (R. Aznar) y jurídicos (J.M. Badenas)Actividad complementaria de los Departamentos de Historia del Derecho y Derecho Civil.Grado en Derecho

  7. Environmental Ethics and Civil Engineering.

    Science.gov (United States)

    Vesilind, P. Aarne

    1987-01-01

    Traces the development of the civil engineering code of ethics. Points out that the code does have an enforceable provision that addresses the engineer's responsibility toward the environment. Suggests revisions to the code to accommodate the environmental impacts of civil engineering. (TW)

  8. Civil Engineering Technology Needs Assessment.

    Science.gov (United States)

    Oakland Community Coll., Farmington, MI. Office of Institutional Planning and Analysis.

    In 1991, a study was conducted by Oakland Community College (OCC) to evaluate the need for a proposed Civil Engineering Technology program. An initial examination of the literature focused on industry needs and the job market for civil engineering technicians. In order to gather information on local area employers' hiring practices and needs, a…

  9. Código civil colombiano

    OpenAIRE

    Secretaria del Senado Colombia

    2005-01-01

    El Código Civil como lo indica su articulo primero,comprende las disposiciones legales sustantivas que determinan especialmente los derechos de los particulares, por razón del estado de las personas, de sus bienes, obligaciones, contratos y acciones civiles.

  10. Reconstructing Sub-Saharan, Mayan, and Other Prehistoric Civilizations in Mathematical Macro-Theory of Civilizations

    CERN Document Server

    Blaha, S

    2003-01-01

    A study of the Great Zimbabwe Sub-Saharan civilization, Mayan civilization and other prehistoric civilizations within the framework of a mathematical macro theory of civilizations. We show these isolated and early civilizations conform to the general mathematical theory of civilizations in detail.

  11. Laws in Cicero’s Ideal State

    Directory of Open Access Journals (Sweden)

    Bragova, Arina

    2010-01-01

    Full Text Available Formulating the juridical component of his ideal state in the dialogue De legibus Cicero combines Greek legal theory and Roman state activity. He sees the law as a supreme ratio inherent in the nature, which allows people to do what ought to be done and to refrain from the opposite. It is justice that can be found at the core of law, but (contrary to the sophistic tradition – justice available to every citizen, not exclusively to the rulers, since only this sort of law guarantees equal treatment to all Roman citizens. Justice and equality are deeply rooted in civil virtues reflected in Roman tradition, an unwritten law of divine origin (that is why religious laws have to be most strictly observed. Examples given in the article show how Cicero uses these theoretical premises in his discussion of some legal acts related to the imperium of magistrates and the function of the tribunate.

  12. Sustainability issues in civil engineering

    CERN Document Server

    Saride, Sireesh; Basha, B

    2017-01-01

    This compilation on sustainability issues in civil engineering comprises contributions from international experts who have been working in the area of sustainability in civil engineering. Many of the contributions have been presented as keynote lectures at the International Conference on Sustainable Civil Infrastructure (ICSCI) held in Hyderabad, India. The book has been divided into core themes of Sustainable Transportation Systems, Sustainable Geosystems, Sustainable Environmental and Water Resources and Sustainable Structural Systems. Use of sustainability principles in engineering has become an important component of the process of design and in this context, design and analysis approaches in civil engineering are being reexamined to incorporate the principles of sustainable designs and construction in practice. Developing economies are on the threshold of rapid infrastructure growth and there is a need to compile the developments in various branches of civil engineering and highlight the issues. It is th...

  13. The Ambivalences of Civil Society

    Directory of Open Access Journals (Sweden)

    Henrik Kaare Nielsen

    2008-07-01

    Full Text Available This article discusses the conceptual heterogeneity in the field of ‘civil society’ in the light of a distinction between positions that reflect civil society as a democratic-emancipatory category and positions that consider civil society from the perspective of the state: as an instrumental resource for the technocratic planning of the competitive nation state.The article discusses the implications and perspectives in these two different strategic scenarios for conceptualizing civil society. The argument is made that civil society in relation to democratic citizenship should basically rather be understood as a concept for specific, communicative principles for institutionalizing societal relations and organizing public experience than as an overall concept for third sector organizations.

  14. [Biodiversity and civil liability: the role of assessment].

    Science.gov (United States)

    Boutonnet, Mathilde

    2014-03-01

    The purpose of this paper is to make the link between expertise and biodiversity through the civil liability Law. Indeed, since Erika Case (Cour de Cassation, Crim. 25 septembre 2012), this Law recognised the ecological damage. This one is defined as an damage caused to Nature and especially Biodiversity. Thus, the expertise has to play a major role. In this paper, two roles are studied: first all all, the expertise allows to assess the damage of Biodiversity itself, to define and to prove it. Secondly, the expertise is an instrument which is very important for prescribing the measures of compensation, in kind or pecuniary compensation.

  15. Building State Capacity to Achieve Government Victory during Civil War

    Science.gov (United States)

    2011-12-01

    inception as a Spanish colony into the current era. However, Kline fails to detail Colombia’s crucial civil war--La Violencia --occurring between...1948 and 1965, which is critical for illustrating the link between rule of law development and stable governance. James L. Zackrison’s “La Violencia in...78Ibid., 9-11. 79Ibid., 12-13. 80James L. Zackrison, “La Violencia in Colombia: An Anomaly in Terrorism

  16. Public Civil Action : Access to Environmental Justice in Brazil

    OpenAIRE

    Serra, Tatiana Barreto

    2016-01-01

    The aim of this paper is to trace an overview of the role of the State Public Prosecution Offiece in the protection of the environment, notably through public civil action. Thus, it is important to note that in alignment with the evolution of the International Environmental Law, Brazil experienced, especially from the 80's, a major boost to environmental legislation. At the same extent, the legislation improvement gave functional and administratve autonomy to the Public Prosecution Office, wh...

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

    Directory of Open Access Journals (Sweden)

    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.

  18. A Brief History of Mind and Civilization

    Directory of Open Access Journals (Sweden)

    Garry Jacobs

    2016-05-01

    Full Text Available The rational mind is the highest evolved status of human consciousness. The evolution of mind and civilization has proceeded hand in hand for millennia. The development of new capacities of mind made possible the development of tools, language, agriculture, permanent settlements, towns, cities, religion, trade, transportation, communication, government, law, money, literature and the arts, education, nation states, scientific and technological research. So too, each stage in the development of civilization has shaped the evolution of the human mind and its faculties and the way they are applied in life. The limits to our knowledge and accomplishment reflect limits to our rationality and the utilization of our mental potential. Our knowledge consists of fragmented, piecemeal, compartmentalized theories, when the reality we seek to understand is inclusive, complex and integrated. Our conceptions are based on mechanistic, static, inflexible equilibrium models, whereas the world we live in is alive, dynamic, organic, conscious, responsive, creative and continuously evolving. Our science assumes the poise of an impartial observer of objective reality, whereas all knowledge without exception is colored by the subjective perspective of the observer. Our science strives to be neutral and value-free, whereas the knowledge we need should help us realize universal values. We need to evolve ways of thinking that reunite the objective and subjective dimensions of reality and reflect the integrality, dynamism and vibrancy of evolutionary nature. That is the challenge and adventure before us.

  19. Islamic Law

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

    Full Text Available The law system of a State represents the body of rules passed or recognized by that State inorder to regulate the social relationships, rules that must be freely obeyed by their recipients, otherwisethe State intervening with its coercive power. Throughout the development of the society, pedants havebeen particularly interested in the issue of law systems, each supporting various classifications; theclassification that has remained is the one distinguishing between the Anglo-Saxon, the Roman-German,the religious and respectively the communist law systems. The third main international law system is theMuslim one, founded on the Muslim religion – the Islam. The Islam promotes the idea that Allah createdthe law and therefore it must be preserved and observed as such. Etymologically, the Arabian word“Islam” means “to be wanted, to obey” implying the fact that this law system promotes total andunconditioned submission to Allah. The Islamic law is not built on somebody of laws or leading cases,but has as source. The Islam is meant as a universal religion, the Koran promoting the idea of the unityof mankind; thus, one of the precepts in the Koran asserts that “all men are equal (…, there is nodifference between a white man and a black man, between one who is Arabian and one who is not,except for the measure in which they fear God.” The Koran is founded mainly on the Talmud, Hebrewsource of inspiration, and only on very few Christian sources. The Islam does not forward ideas whichcannot be materialized; on the contrary its ideas are purely practical, easy to be observed by the commonman, ideas subordinated to the principle of monotheism. The uncertainties and gaps of the Koran, whichhave been felt along the years, imposed the need for another set of rules, meant to supplement it – that isSunna. Sunna represents a body of laws and, consequently, the second source of the Koran. Sunnanarrates the life of the prophet Mohamed, the model to

  20. How persistent is civilization growth?

    CERN Document Server

    Garrett, Timothy J

    2011-01-01

    In a recent study (Garrett, 2011), I described theoretical arguments and empirical evidence showing how civilization evolution might be considered from a purely physical basis. One implication is that civilization exhibits the property of persistence in its growth. Here, this argument is elaborated further, and specific near-term forecasts are provided for key economic variables and anthropogenic CO2 emission rates at global scales. Absent some external shock, civilization wealth, energy consumption and carbon dioxide emissions will continue to grow exponentially at an average rate of about 2.3% per year.

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

    DEFF Research Database (Denmark)

    Pedersen, Karin Hilmer; Johannsen, Lars

    2016-01-01

    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...... 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...

  2. Credit and civilization.

    Science.gov (United States)

    Newton, Tim

    2003-09-01

    This paper analyses financial credit in order to re-examine the work of Norbert Elias, particularly his association of interdependency complexity with social discipline, and his approach to contradiction. Following a discussion of these issues, the paper examines Elias's writing on money and explores the emergence of financial credit networks in early modern England. Attention is paid to credit networks and social discipline, to credit and the state, and to the contradictory images associated with the transition to modern cash economies. From one perspective, early modern credit networks might be read as a confirmation of Elias, particularly his argument that interdependency complexity, changing power balances and self-restraint are interwoven. Yet the development of modern cash money raises questions, not just in relation to Elias's treatment of money, but also with regard to his assumptions about social discipline and his approach to ambivalence and contradiction. Drawing on the foregoing discussion, the paper argues that the relation between interdependency complexity and social discipline is contingent and variable, and that interdependency complexity may simultaneously encourage contradictory processes, such as those of civilizing and barbarity.

  3. Teaching Mathematics to Civil Engineers

    Science.gov (United States)

    Sharp, J. J.; Moore, E.

    1977-01-01

    This paper outlines a technique for teaching a rigorous course in calculus and differential equations which stresses applicability of the mathematics to problems in civil engineering. The method involves integration of subject matter and team teaching. (SD)

  4. A Relationship between Lotka's Law, Bradford's Law, and Zipf's Law.

    Science.gov (United States)

    Chen, Ye-Sho; Leimkuhler, Ferdinand F.

    1986-01-01

    A common functional relationship among Lotka's law, Bradford's law, and Zipf's law is derived. The proof takes explicit account of the sequences of observed values of the variables by means of an index. This approach results in a more realistic and precise formulation of each law. (Author/EM)

  5. Communication Needs of Thai Civil Engineering Students

    Science.gov (United States)

    Kaewpet, Chamnong

    2009-01-01

    This article reports on an examination of the communication needs of a group of Thai civil engineering students. Twenty-five stakeholders helped identify the communication needs of the students by participating in individual interviews. These included employers, civil engineers, civil engineering lecturers, ex-civil engineering students of the…

  6. Space civil engineering - A new discipline

    Science.gov (United States)

    Sadeh, Willy Z.; Criswell, Marvin E.

    1991-01-01

    Space Civil Engineering is an emerging engineering discipline that focuses on extending and expanding the Civil Engineering know-how and practice to the development and maintenance of infrastructure on celestial bodies. Space Civil Engineering is presently being developed as a new discipline within the Department of Civil Engineering at Colorado State University under a recently established NASA Space Grant College Program. Academic programs geared toward creating Space Civil Engineering Options at both undergraduate and graduate levels are being formulated. Basic ideas and concepts of the curriculum in the Space Civil Engineering Option at both undergraduate and graduate levels are presented. The role of Space Civil Engineering in the Space Program is discussed.

  7. Private international Law in Chinese Courts

    Institute of Scientific and Technical Information of China (English)

    HUANG Jin; DU Huanfang

    2006-01-01

    After the entry of China into World Trade Organization,there are problems such as jurisdiction,application of law,and judicial assistance,which need to be resolved step by step in judicial practice on foreign-related civil and commercial matters.As for private and international law problems in the Chinese courts,this paper analyses some general issues,including renovi,inter-temporal conflicts,and proof of foreign laws;reviews jurisdiction problems,for example,common jurisdiction versus special jurisdiction,selective jurisdiction versus presumptive jurisdiction and exclusive jurisdiction;discusses the choice of law problems such as the principle of party autonomy,the principle of the most significant judgment and international commercial arbitral award.

  8. EPA Administrative Law Judge Legal Documents

    Science.gov (United States)

    This dataset contains Decisions and Orders originating from EPAs Office of Administrative Law Judges (OALJ), which is an independent office in the Office of the Administrator of the EPA. The Administrative Law Judges conduct hearings and render decisions in proceedings between the EPA and persons, businesses, government entities, and other organizations which are or are alleged to be regulated under environmental laws. Administrative Law Judges preside in enforcement and permit proceedings in accordance with the Administrative Procedure Act. Most enforcement actions initiated by the EPA are for the assessment of civil penalties. The Decisions and Orders are organized into three categories: (1) alphabetical listing by the respondent involved, (2) reverse chronological listing by date, and (3) Decisions and Orders under FIFRA Section 6. This dataset includes Decisions and Orders dating back to 1989 in the Reverse Chronological list, Decisions and Orders dating back to 1997 in the Alphabetical list, and a few Decisions and Orders dating back to 1974 under FIFRA Section 6.

  9. Medical Ethics and Law in Radiologic Technology.

    Science.gov (United States)

    Matthews, Eric P; Matthews, Tracy M

    2015-01-01

    At every stage of their careers, radiologic technologists and student technologists must adhere to high ethical standards, obey the law, and consistently conduct themselves with professionalism. This article explains how modern health care ethics evolved, focusing on 8 important theorists. It also describes the ethical responsibilities of health care providers and the rights of patients. Important civil rights laws are discussed, focusing on the rights of health care workers as employees. A brief overview of the U.S. legal system follows, including the causes of action that most commonly involve health care professionals. Finally, this article discusses professionalism and its implications for radiologic technologists.

  10. Cross border testamentary trusts and the conflict of laws

    OpenAIRE

    Lafuente Sánchez, Raúl

    2016-01-01

    The trust is a creation of equity and the English Common Law which has not passed to civil jurisdictions. Among the different types, the testamentary trusts are created by the testator in the will to provide the benefits of property after his or her death. This article explores the issue of conflict of laws –jurisdiction and applicable law- and the cross-border testamentary trusts from the perspective of English Common Law. The paper highlights the obstacles arising in the application of the ...

  11. 民刑交叉案件中民间借贷合同效力认定问题研究--以《最高人民法院关于审理民间借贷案件适用法律若干问题的规定》为视角%Validity of Contract of Private Loans in the Intersecting Criminal and Civil Cases--Analysis Based on the Judicial Interpretation on the Application of Law in the Trial of the Case of Private Lending Issued by the Supreme People’s Court

    Institute of Scientific and Technical Information of China (English)

    程诚

    2016-01-01

    It is a difficult issue in affirming the validity of contract of private loans, to proceed with the Intersecting Criminal and Civil Cases. Since the differences of value and function between civil law and crimi⁃nal law, we should judge the legal consequences by the different laws. The contract relating to crime of market⁃ing access is valid in principle;however, the enlending unlawfully is invalid in principle. The Judicial Interpre⁃tation on the application of law in the trial of the case of private lending issued by the Supreme People’s Court establishes the principle, which means the contract relating to crime isn’t necessarily invalid .%民刑交叉案件中民间借贷合同效力认定问题相当复杂。民法刑法价值功能不同,对同一法律事实引起的不同法律后果应依据不同法律进行评价。区分不同类型的民间借贷合同,其中涉及市场准入类犯罪的民间借贷合同原则有效;违法转贷行为所涉民间借贷合同原则无效。最高人民法院新颁布的《民间借贷司法解释》确立了涉罪合同并非当然无效的原则。

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

    Directory of Open Access Journals (Sweden)

    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.

  13. A RESPONSABILIDADE CIVIL NO CONTRATO DE TRANSPORTE DE PESSOAS

    Directory of Open Access Journals (Sweden)

    Débora Bós e Silva

    2011-08-01

    Full Text Available RESUMO A responsabilidade civil enquanto área temática na esfera do Direito Civil, merece ser melhor apreciada, uma vez que os assuntos desenvolvidos, tais como, os danos provenientes do transporte gratuito ou de cortesia, tem sido discutidos nas mais diversas instâncias, dada a sua importância. Não é demais afirmar que a responsabilidade civil, se constitui em um dos pilares essenciais para a garantia da efetiva reparação, alçado ao mais alto patamar de instrumento de preservação do cidadão na sociedade contemporânea. Por essa razão, procuramos desenvolver o presente artigo sob a perspectiva do contrato de transporte de pessoas, analisando os pressupostos para a configuração do dever de indenizar, análises jurisprudenciais, pressupostos que afastam o dever de indenizar, a diferenciação entre transporte gratuito e de cortesia, entre outros tópicos, visto que, imprescindível se torna a elaboração de estudos aprofundados sobre o tema. Palavras- chave: Responsabilidade civil, transporte de pessoas, indenização. LIABILITY CIVIL IN THE CONTRACT OF CARRIAGE OF PERSONS ABSTRACT Liability as a subject area in the sphere of Civil Law, deserves to be appreciated, since the issues developed, such as damage from the shuttle or courtesy, has been discussed in various instances, given its importance. Not too much to assert that the civil liability constitutes an essential pillar for ensuring effective redress, raised to the highest level of a tool for preservation of the citizen in contemporary society. For this reason, we developed this article from the perspective of the contract of carriage of person, analyzing the conditions for setting the duty to indemnify, jurisprudential analysis, assumptions that drive the duty to indemnify, differentiation between shuttle and courtesy, among other topics, because, becomes imperative to draw up detailed studies on the subject. Key-words: Liability, Transportation of people, indemnity. SUM

  14. Artificial Intelligence in Civil Engineering

    Directory of Open Access Journals (Sweden)

    Pengzhen Lu

    2012-01-01

    Full Text Available Artificial intelligence is a branch of computer science, involved in the research, design, and application of intelligent computer. Traditional methods for modeling and optimizing complex structure systems require huge amounts of computing resources, and artificial-intelligence-based solutions can often provide valuable alternatives for efficiently solving problems in the civil engineering. This paper summarizes recently developed methods and theories in the developing direction for applications of artificial intelligence in civil engineering, including evolutionary computation, neural networks, fuzzy systems, expert system, reasoning, classification, and learning, as well as others like chaos theory, cuckoo search, firefly algorithm, knowledge-based engineering, and simulated annealing. The main research trends are also pointed out in the end. The paper provides an overview of the advances of artificial intelligence applied in civil engineering.

  15. Global Standards of Market Civilization

    DEFF Research Database (Denmark)

    Global Standards of Market Civilization brings together leading scholars, representing a range of political views, to investigate how global 'standards of market civilization' have emerged, their justification, and their political, economic and social impact. Key chapters show how as the modern...... thought, as well as its historical application part II presents original case studies that demonstrate the emergence of such standards and explore the diffusion of liberal capitalist ideas through the global political economy and the consequences for development and governance; the International Monetary...... Fund's capacity to formulate a global standard of civilization in its reform programs; and problems in the development of the global trade, including the issue of intellectual property rights. This book will be of strong interest to students and scholars in wide range of fields relating to the study...

  16. B 150 civil engineering futures

    DEFF Research Database (Denmark)

    theme in twentieth century architecture. Together, civil engineer Peter Rice and architect Ian Ritchie created a paradigm shift with their revolutionary ideas for glass facades supported by cables. Glued and bolted constructions made entirely of glass are now a reality in small-scale projects, yet...... related to sustainability – a Workshop on Traffic. The workshop discussed traffic prognoses and the way they are used in the preparation of urban transport and traffic strategies. Civil engineer Jonas Eliasson spoke about the experience in Sweden of developing a database for traffic prognoses. The main...... to develop a technically advanced form of aesthetics. The Master Class in low energy buildings was led by civil engineer, Svend Svendsen, a Professor at DTU Byg. Together with colleagues and students, he has achieved an extensive knowledge of Integrated Design. In fact, the situation is that our knowledge...

  17. Testamentary trusts in English Law: an introductory approach

    OpenAIRE

    Lafuente Sánchez, Raúl

    2015-01-01

    The trust is a legal institution developed in courts of equity in common law jurisdictions. Among the different types of trusts, the testamentary are created under a will and, traditionally, have been considered as an effective structure when considering estate planning. Nevertheless, this figure has not passed to civil jurisdictions. This article is aimed to offer a general and preliminary analysis of this institution in English law, identifying the parties involved and the formalities requi...

  18. [Unpredictable risk and damage compensation in civil process].

    Science.gov (United States)

    Vayre, P

    1998-04-01

    UNPREDICTABLE RISK DEFINITION: Any medical or surgical action with diagnostic or therapeutic purpose involves a potential risk of complication, unrelated to the initial pathology or a technical error, but could lead to death or disability. Proof of unpredictable risk without initial fault requires a careful examination of each case by a judicial expert in order to eliminate the complications related to an unskilled surgeon or to poor postoperative care. UNPREDICTABLE RISK COMPENSATION: Conclusions of the Academy: In current French common law, damage compensation can only be obtained in cases where all possible medical means are not implemented and professional fault can be proven. It is illogical to extend the civil responsibility of the practitioner to an obligation of procedural result. In the absence of fault, damage compensation does not come under the civil responsibility of the surgeon. A special insurance system for unpredictable risk has to be created using the principles of mutual insurance.

  19. Space Civil Engineering option - A progress report

    Science.gov (United States)

    Criswell, Marvin E.; Sadeh, Willy Z.

    1992-01-01

    Space Civil Engineering is an emerging engineering discipline that focuses on extending and expanding Civil Engineering to the development, operation, and maintenance of infrastructures on celestial bodies. Space Civil Engineering is presently being developed as a new discipline within the Department of Civil Engineering at Colorado State University and with support of the NASA Space Grant College Program. Academic programs geared toward creating Space Civil Engineering Options at both undergraduate and graduate levels are being formulated. Basic ideas and concepts and the current status of the curriculum in the Space Civil Engineering Option primarily at the undergraduate level are presented.

  20. Tendencias del Derecho civil (2002)

    OpenAIRE

    Arellano Gómez, Francisco Javier

    2002-01-01

    Durante el año 2.002 han dado a luz, en el campo del Derecho Civil, un conjunto de leyes que suponen una importante actualización normativa ante determinadas necesidades presentadas por la dinámica realidad socio-económica de España, en un contexto de acelerada tecnificación, creciente vitalidad y fluidez de tejido social, y de progresiva armonización legislativa con los países de nuestro entorno. Para este informe de Derecho Civil hemos preferido seguir, por razón de mejor carácter sistemáti...

  1. Religious Values and Conflict of Laws

    Directory of Open Access Journals (Sweden)

    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.

  2. Legal Liability in Environmental Law

    Directory of Open Access Journals (Sweden)

    Ion RUSU

    2011-11-01

    Full Text Available As a member of the European Union and of other regional and world organizations responsible for global environmental protection, Romania has adopted internally a set of measures aimed at protecting the environment. In this paper we conducted a general review of the developments of the way of legal defense of the most important environmental values at international and national level, with an emphasis on internal legal rules. We also examined briefly the civil, administrative, and criminal liability of individual and legal entity that violates the current environmental laws. Our research regards the means by which there are protected by the rules of law the main values of the environment, by examination and critical remarks. The results of the research presented at the conclusions, highlight the need to harmonize the national legislation with the European one and the need to amend and supplement the New Criminal Code with a special chapter covering major environmental offenses. The study is useful for those who carry out their activity in this domain, especially professors and students of the law faculty

  3. The Volunteer Team Physician: When Are You Exempt from Civil Liability?

    Science.gov (United States)

    Todaro, Gerald J.

    1986-01-01

    Only six states have enacted qualified immunity statutes protecting volunteer team physicians from civil liability. A few states have expanded their Good Samaritan laws to include physicians rendering energency care at athletic events. Precautions for medical personnel to take before volunteering their time at school athletic events are suggested.…

  4. School District Liability for Federal Civil Rights Violations under Section 1983.

    Science.gov (United States)

    Sorenson, Gail Paulus

    1993-01-01

    Section 1983 of the 1871 Civil Rights Act includes the option of money damages for violations of the Constitution and federal laws. The focus of this paper is on the scope and limit of school district liability. Questions decisions where boards may have avoided liability by intentional ignorance of inaction in the face of supervisory incompetence.…

  5. 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 devel

  6. 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).

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

    Directory of Open Access Journals (Sweden)

    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.

  8. CARACTERE SPECIFICE VINOVĂŢIEI – CONDIŢIE A RĂSPUNDERII JURIDICE CIVILE

    Directory of Open Access Journals (Sweden)

    Eugenia COJOCARI

    2015-11-01

    Full Text Available În acest articol autorii şi-au propus scopul să analizeze particularităţile caracterelor specifice vinovăţiei – condiţie a răspunderii juridice civile în ambele ei forme din cadrul dreptului civil, pentru a determina rolul şi importanţa acesteia în aplicarea răspunderii civile şi repararea prejudiciului. Pentru realizarea acestui scop şi determinarea rolului, importanţei şi particularităţilor caracterelor specifice ale vinovăţiei din dreptul civil, autorii au analizat legislaţia în vigoare a Republicii Moldova, a altor state, precum şi doctrina. Ei au caracterizat noţiunea de vinovăţie, caracterele ei specifice, propunând o definiţie proprie, specificul căreia constă în faptul că apare şi ca noţiune de culpă, greşală, prin care se subînţelege atitu-dinea persoanei faţă de fapta săvârşită, toate având un caracter subiectiv. Sunt evidenţiate şi analizate următoarele caractere specifice vinovăţiei civile: intelectiv, volitiv, exterioritiv. Pentru a formula unele concluzii şi recomandări proprii, autorii au analizat în aspect de drept comparat Codul civil al Republicii Moldova, ale altor state cu referire la subiect, precum şi doctrina. În rezultatul cercetărilor efectuate sunt formulate concluzii şi înaintate recomandări, principala fiind că vino-văţia – condiţie a răspunderii juridice civile – este nu doar necesară, dar ar fi bine ca la aplicarea răspunderii juridice civile, la determinarea valorii prejudiciului cauzat să se ţină cont de formele şi de gradele acesteia, aşa ca în dreptul penal.SPECIFIC CHARACTERS GUILT – CONDITION OF LIABILITY CIVIL LEGALIn this article the authors aimed to analyze the peculiarities of specific characters guilt - condition of civil liability in both its forms of civil law to determine the role and importance in the application of liability and compensation. In achieving this goal and determining the role, importance and

  9. Discussion about Plaintiff Qualification for Civil Environmental Public Interest Litigation:Simple Analyses of "Environmental Protection Law Amendment(Draft)"%论公民环境民事公益诉讼原告资格--浅析《环境保护法修正案(草案)》

    Institute of Scientific and Technical Information of China (English)

    张树腾

    2014-01-01

    对环境民事公益诉讼的概念进行了界定,对公民个人享有环境公益诉讼原告的依据进行了分析,最后从公民个人享有环境民事公益诉讼原告资格的弊端方面提出了立法建议。%The concept of environmental civil public interest litigation is defined,the bases that citizen individual can enjoy be-ing a plaintiff of environmental public interest litigation are analyzed,and some legislative suggestions are put forward from the dis-advantages of citizen’s enjoying plaintiff qualification for environmental civil public interest litigation.

  10. 77 FR 26653 - Law Day, U.S.A., 2012

    Science.gov (United States)

    2012-05-04

    ... year's Law Day theme, ``No Courts, No Justice, No Freedom,'' recalls the historic role our courts have... of civil justice, social order, and public safety, and we must do everything we can to enable their... an abstract theory, but a concrete commitment that delivers the promise of counsel and assistance...

  11. Demonstrating the Gas Laws.

    Science.gov (United States)

    Holko, David A.

    1982-01-01

    Presents a complete computer program demonstrating the relationship between volume/pressure for Boyle's Law, volume/temperature for Charles' Law, and volume/moles of gas for Avagadro's Law. The programing reinforces students' application of gas laws and equates a simulated moving piston to theoretical values derived using the ideal gas law.…

  12. Getting the Civil War Right

    Science.gov (United States)

    Loewen, James W.

    2011-01-01

    William Faulkner famously wrote, "The past is never dead. It's not even past." He would not be surprised to learn that Americans, 150 years after the Civil War began, are still getting it wrong. Did America's most divisive war start over slavery or states' rights? The author says that too many people--including educators--get it wrong. The author…

  13. Job Prospects for Civil Engineers.

    Science.gov (United States)

    Basta, Nicholas

    1985-01-01

    Government programs and renewed industrial activity have combined with stable enrollments to create bright job prospects for civil engineers. Areas with good opportunities include highway reconstruction and rehabilitation, water-resource management, and new factory construction. The subspecialty of structural engineering has a growing need in…

  14. 1975 Textbooks for French Civilization.

    Science.gov (United States)

    Brown, Jack Davis

    Four 1975 textbooks for French civilization courses are cited including price, suggested level, format and a listing of contents. A review of one text follows: Rey and Santoni, "Quand les Francais parlent: Langue en contexte, culture en contraste," Newbury House Publishers. The reviewer states that this book is basically a sociological study of…

  15. Primary Sources Enliven Civil War

    Science.gov (United States)

    Robelen, Erik W.

    2011-01-01

    Today, a growing number of teachers are moving beyond the textbook in teaching about the war, and U.S. history more broadly. Teachers are digging directly into primary sources and harnessing technology, all in an attempt to help students better understand the past and bring it to life. Doing so may be especially important with the Civil War,…

  16. La lógica del don en el horizonte de la sociedad civil The logic of the gift on the horizon of civil society

    Directory of Open Access Journals (Sweden)

    Ángel Galindo García

    2013-03-01

    Full Text Available En este artículo el autor analiza la encíclica Caritas in veritate de Benedicto XVI teniendo como clave de lectura el mercado, el Estado y la sociedad civil, los cuales forman una unión osmótica en la que la persona, libre y responsable, puede expresarse en términos de desarrollo integral. El mercado pasa por el contrato, el Estado por las leyes justas y la sociedad civil por el don y la gratuidad. En este contexto, la sociedad civil es esencial para no encerrar al hombre entre el mercado y el Estado.In this article I discuss the encyclical Caritas in veritate, Benedict XVI having as key to reading the market, the state and civil society, which form a union in which the osmotic person, free and responsible, can be expressed in terms of development. The market goes through the contract, the State by just laws and civil society for the gift and gratuity. In this context, civil society is essential to not close man between the market and the state.

  17. A World Parliament and the Transition from International Law to World Law

    Directory of Open Access Journals (Sweden)

    Andreas Bummel

    2014-10-01

    Full Text Available World civilization depends on the provision of global public goods such as tackling climate change, ensuring international financial stability or peace and security. Yet, the intergovern­mental system of global governance is not capable of delivering the required results. At a fundamental level, the change necessary to achieve functioning world governance consists of a transition from international law to world law. A key element in this is the development of a global legislative system that includes a democratically elected world parliament. The establishment of a UN Parliamentary Assembly would be a pragmatic first step.

  18. 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.

  19. Climate Change and Civil Violence

    Science.gov (United States)

    van der Vink, G.; Plancherel, Y.; Hennet, C.; Jones, K. D.; Abdullah, A.; Bradshaw, J.; Dee, S.; Deprez, A.; Pasenello, M.; Plaza-Jennings, E.; Roseman, D.; Sopher, P.; Sung, E.

    2009-05-01

    The manifestations of climate change can result in humanitarian impacts that reverse progress in poverty- reduction, create shortages of food and resources, lead to migration, and ultimately result in civil violence and conflict. Within the continent of Africa, we have found that environmentally-related variables are either the cause or the confounding factor for over 80% of the civil violence events during the last 10 years. Using predictive climate models and land-use data, we are able to identify populations in Africa that are likely to experience the most severe climate-related shocks. Through geospatial analysis, we are able to overlay these areas of high risk with assessments of both the local population's resiliency and the region's capacity to respond to climate shocks should they occur. The net result of the analysis is the identification of locations that are becoming particularly vulnerable to future civil violence events (vulnerability hotspots) as a result of the manifestations of climate change. For each population group, over 600 social, economic, political, and environmental indicators are integrated statistically to measures the vulnerability of African populations to environmental change. The indicator time-series are filtered for data availability and redundancy, broadly ordered into four categories (social, political, economic and environmental), standardized and normalized. Within each category, the dominant modes of variability are isolated by principal component analysis and the loadings of each component for each variable are used to devise composite index scores. Comparisons of past vulnerability with known environmentally-related conflicts demonstrates the role that such vulnerability hotspot maps can play in evaluating both the potential for, and the significance of, environmentally-related civil violence events. Furthermore, the analysis reveals the major variables that are responsible for the population's vulnerability and therefore

  20. The Mistaken Doctrine of Common Law: A Critique

    Directory of Open Access Journals (Sweden)

    Nikodym Lukáš

    2016-09-01

    Full Text Available The study deals with Huerta de Soto’s thesis about the “mistaken doctrine of common law”, which is based on the equalization of depositum irregulare and mutuum contracts. He concluded that equalization of these contracts resulted in the creation of business cycles. According to this study, Huerta de Soto made a mistake when considering contracts inspired by the continental law based on Roman law. The study shows that mutuum was even in Roman law an ancient contract that was not codified, and that Huerta de Soto’s interpretation of this contract in the Anglo-American legal system is based more on civil law, not on common law as he stated in his work. Finally, the problem of common law did not lie in the equalization of the mentioned contracts, but rather in the absence of depositum irregulare contracts applied to monetary questions.

  1. China's rule of law in the globalization era

    Institute of Scientific and Technical Information of China (English)

    ZHANG Wenxian

    2006-01-01

    Globalization of the economy,public affairs,human fights,environmental issues and laws indicate the developing tendency of human beings and society,and this has a great influence on the third reform of Chinese law in many aspects.Upon its entrance into the WTO,China carried out a large-scale clarification and amendment of its laws and regulations,and incorporated itself into the global governance structure.This marks the beginning of the third legal reform in the country.This reform includes the reform of the political and legal system,restructuring of the legal system,and evolution of the real meaning of law.In the future development of Chinese law,the fundamental nature of modern,global and human civilization,and the legal profession will penetrate much more into the whole Chinese law and its operation.

  2. THE PRINCIPLES OF THE EUROPEAN PUBLIC SERVICES’ LAW

    Directory of Open Access Journals (Sweden)

    Mihaela Tofan

    2009-12-01

    Full Text Available European civil service law has emerged as an independent law branch relatively recently. At the EU level there were three categories of rules that regulate the public employees’ activity, according tothe treaty type that established one of the top three communities (ECSC, EEC, EURATOM. Following legislative changes that occurred in 1968, it was made a unification of these provisions, resulting in acommon law text for all the officials, known as The Status. Statutory provisions within the field recognize the law principles common to the entire Community law, such as the principle of subsidiarity, but also a number of new principles, based on this area of research, such as officials business efficiency principle, function stability principle etc. Romanian legislation, although relatively new comparing the laws of other states, has taken over many of theseprinciples, being aligned with union provisions in this field.

  3. 5 CFR 919.920 - Civil judgment.

    Science.gov (United States)

    2010-01-01

    ..., decision, settlement, stipulation, other disposition which creates a civil liability for the complained of wrongful acts, or a final determination of liability under the Program Fraud Civil Remedies Act of 1988 (31... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Civil judgment. 919.920 Section...

  4. 7 CFR 3017.920 - Civil judgment.

    Science.gov (United States)

    2010-01-01

    ... by verdict, decision, settlement, stipulation, other disposition which creates a civil liability for the complained of wrongful acts, or a final determination of liability under the Program Fraud Civil... 7 Agriculture 15 2010-01-01 2010-01-01 false Civil judgment. 3017.920 Section 3017.920...

  5. 29 CFR 1471.920 - Civil judgment.

    Science.gov (United States)

    2010-07-01

    ..., stipulation, other disposition which creates a civil liability for the complained of wrongful acts, or a final determination of liability under the Program Fraud Civil Remedies Act of 1988 (31 U.S.C. 3801-3812). ... 29 Labor 4 2010-07-01 2010-07-01 false Civil judgment. 1471.920 Section 1471.920 Labor...

  6. 31 CFR 19.920 - Civil judgment.

    Science.gov (United States)

    2010-07-01

    ..., stipulation, other disposition which creates a civil liability for the complained of wrongful acts, or a final determination of liability under the Program Fraud Civil Remedies Act of 1988 (31 U.S.C. 3801-3812). ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Civil judgment. 19.920 Section...

  7. 14 CFR 1274.924 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... Discrimination Act of 1975 (42 U.S.C. 6101 et seq.), and the NASA implementing regulations (14 CFR parts 1250... 14 Aeronautics and Space 5 2010-01-01 2010-01-01 false Civil rights. 1274.924 Section 1274.924... FIRMS Other Provisions and Special Conditions § 1274.924 Civil rights. Civil Rights July 2002 Work...

  8. 7 CFR 3560.2 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 15 2010-01-01 2010-01-01 false Civil rights. 3560.2 Section 3560.2 Agriculture... DIRECT MULTI-FAMILY HOUSING LOANS AND GRANTS General Provisions and Definitions § 3560.2 Civil rights. (a... prohibition under Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d and Title VI regulations...

  9. 7 CFR 761.3 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Civil rights. 761.3 Section 761.3 Agriculture... SPECIAL PROGRAMS GENERAL PROGRAM ADMINISTRATION General Provisions § 761.3 Civil rights. Part 15d of this title contains applicable regulations pertaining to civil rights and filing of discrimination...

  10. 50 CFR 401.22 - Civil rights.

    Science.gov (United States)

    2010-10-01

    ... 50 Wildlife and Fisheries 7 2010-10-01 2010-10-01 false Civil rights. 401.22 Section 401.22..., DEVELOPMENT AND ENHANCEMENT § 401.22 Civil rights. Each application for Federal assistance, grant-in-aid award... Assisted Programs of the Civil Rights Act of 1964 and with the Secretary's regulations...

  11. 30 CFR 881.12 - Civil rights.

    Science.gov (United States)

    2010-07-01

    ... Civil Rights Act of 1964” (43 CFR part 17) and shall give assurances of compliance in such forms as may... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil rights. 881.12 Section 881.12 Mineral... LAND RECLAMATION SUBSIDENCE AND STRIP MINE REHABILITATION, APPALACHIA § 881.12 Civil rights. State...

  12. History of Civil Engineering Modal Analysis

    DEFF Research Database (Denmark)

    Brincker, Rune

    2008-01-01

    techniques are available for civil engineering modal analysis. The testing of civil structures defers from the traditional modal testing in the sense, that very often it is difficult, or sometimes impossible, to artificially excite a large civil engineering structure. Also, many times, even though...

  13. The Transformed Civil Rights Data Collection (CRDC)

    Science.gov (United States)

    Office for Civil Rights, US Department of Education, 2012

    2012-01-01

    Since 1968, the Civil Rights Data Collection (CRDC) has collected data on key education and civil rights issues in our nation's public schools for use by the Department of Education's Office for Civil Rights (OCR), other Department offices, other federal agencies, and by policymakers and researchers outside of the Department. The CRDC has…

  14. TO THE PROBLEM OF LEGAL SYSTEM CLASSIFICATION: CIVILIZED APPROACH. TENDENCIES OF LEGAL FAMILIES APPROACHING IN THE CONDITIONS OF GLOBALIZATION

    OpenAIRE

    Rasskazov L. P.

    2015-01-01

    The article discusses various criteria for the classification of legal systems. Special attention is drawn to the civilizational approach, which can be effectively used in the classification of legal systems. In accordance with the civilizational approach in the world there are many civilizations, developing according to its own laws (for example, the Scythian civilization, ancient Egyptian, etc.). In accordance with this approach the history of mankind is a history of the development of civi...

  15. 29 CFR 2570.68 - Decision of the administrative law judge.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 9 2010-07-01 2010-07-01 false Decision of the administrative law judge. 2570.68 Section 2570.68 Labor Regulations Relating to Labor (Continued) EMPLOYEE BENEFITS SECURITY ADMINISTRATION... Civil Penalties Under ERISA Section 502(c)(2) § 2570.68 Decision of the administrative law judge....

  16. Bridging the Classroom and the Real World: A Videodisc Implementation Study at Harvard Law School.

    Science.gov (United States)

    Hoelscher, Karen J.

    This study examined how first-year law students developed a civil rights case using an open-ended interactive videodisk ("Litigation Strategies"), which uses a visual and textual database to complement the traditional curriculum by simulating the experience of a junior partner in a law firm. An implementation and formative evaluation examined the…

  17. 5 CFR 831.681 - Annual notice required by Public Law 95-317.

    Science.gov (United States)

    2010-01-01

    ... 5 Administrative Personnel 2 2010-01-01 2010-01-01 false Annual notice required by Public Law 95-317. 831.681 Section 831.681 Administrative Personnel OFFICE OF PERSONNEL MANAGEMENT (CONTINUED) CIVIL... Statutes § 831.681 Annual notice required by Public Law 95-317. At least once every 12 consecutive...

  18. 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 nondiscrimination laws. 0.51 Section 0.51 Judicial Administration DEPARTMENT OF JUSTICE ORGANIZATION OF THE DEPARTMENT OF JUSTICE Civil Rights Division § 0.51 Leadership and coordination of nondiscrimination laws....

  19. Law Enforcement Locations

    Data.gov (United States)

    Kansas Data Access and Support Center — Law Enforcement Locations in Kansas Any location where sworn officers of a law enforcement agency are regularly based or stationed. Law enforcement agencies "are...

  20. Department of Health and Human Services, Office for Civil Rights

    Science.gov (United States)

    ... Z Index About Us Filing with OCR Civil Rights Health Information Privacy Newsroom HHS Home > Office for Civil ... Civil Rights Filing with OCR File a civil rights or health information privacy complaint. Newsroom Read the latest OCR ...

  1. Democratic contract law

    OpenAIRE

    Hesselink, M.W.

    2015-01-01

    This article discusses the normative relationship between contract law and democracy. In particular, it argues that in order to be legitimate contract law needs to have a democratic basis. Private law is not different in this respect from public law. Thus, the first claim made in this article will be that also for contract law a democratic basis is a necessary condition for legitimacy. A fully democratic basis may also be a sufficient condition for a legitimate and just contract law. However,...

  2. The abolition of 'the person' as a legal category in nazi philosophy of law

    DEFF Research Database (Denmark)

    Petersen, Lars Axel

    2007-01-01

    The abolition of 'the person' as a legal category in Nazi philosophy of law - the career of Karl Larenz as an episode in the history of civil identity (Abstract) This paper discusses 'civil identity' as an aspect of the philosophy of the person. It presents an episode in the development of legal...... philosophy, the work of philosopher and professor of law, Karl Larenz (1903-1993), during the Nazi regime in Germany (1933-1945). Larenz and others strove to reform private law (Zivilrecht or bürgeriches Recht) in conformity with National Socialism. Central to that - racist, to be sure - project...

  3. DUTY OF GROUNDS IN THE NEW CIVIL PROCEDURE CODE AND THE BINDING PRECEDENTS

    Directory of Open Access Journals (Sweden)

    Anderson Cortez Mendes

    2015-12-01

    Full Text Available The new Brazilian Civil Procedure Code instituted a model of binding precedents, to approach the legal system of common law countries. The legislator was already seeking the transformation of the STF and t he STJ of superior courts in supreme courts, with the transition from the exercises of the judgment control function in this case for assurance uniformity of interpretation of the law. So assumes special importance the duty of grounds, which is disciplined in article 489, allowing the management of binding system, with appropriate formation and application of the precedents. The article attempts therefore shed light on concepts inherent in the work with binding precedents, especially on those instilled in law by new Brazilian Civil Procedure Code, which are the ratio decidendi , the distinguishing and the overruling.

  4. Optimal Rules of Negligent Misrepresentation in Insurance Contract Law

    DEFF Research Database (Denmark)

    Lando, Henrik

    2016-01-01

    lenient rules. The article compares the efficiency of the common and the civil law rules in an adverse selection model in which the insurer separates types of risk not only through a deductible but also by requiring the insured to represent their type. A strict rule of misrepresentation increases...... the incentive for policy-holders to represent truthfully but also exposes them to risk when they may misrepresent by mistake. While the economic literature has tended to defend the strict common law rule, because it makes it easier for the insurer to separate types, the present article demonstrates...... that the more lenient civil law rules may be more efficient, especially when the cost for the insurer of auditing types is low....

  5. Geometric procedures for civil engineers

    CERN Document Server

    Tonias, Elias C

    2016-01-01

    This book provides a multitude of geometric constructions usually encountered in civil engineering and surveying practice.  A detailed geometric solution is provided to each construction as well as a step-by-step set of programming instructions for incorporation into a computing system. The volume is comprised of 12 chapters and appendices that may be grouped in three major parts: the first is intended for those who love geometry for its own sake and its evolution through the ages, in general, and, more specifically, with the introduction of the computer. The second section addresses geometric features used in the book and provides support procedures used by the constructions presented. The remaining chapters and the appendices contain the various constructions. The volume is ideal for engineering practitioners in civil and construction engineering and allied areas.

  6. RISK DEFINITION IN CIVIL UNMANNED AVIATION

    Directory of Open Access Journals (Sweden)

    Volodymyr Kharchenko

    2016-12-01

    Full Text Available Objective: The risks in unmanned civil aviation are considered as one of the most important. In the article is proved applicability of ensuring the flight safety of aircraft and considered the basic risks of manned civil aviation. Methods: Analyzed statistical data on aviation accidents, organized probabilities distribution of aviation accidents for manned and unmanned civil aviation to identify factors that influence the occurrence of emergency situations in manned and unmanned aviation. Results: We proposed typology of risk components in civil aviation and systematized methods and techniques to reduce risks. Over the analogies defined possible risks, their causes and remedies in civil unmanned aircraft. Weight coefficients distribution was justified between risk types for development of recommendations on risk management in unmanned civil aviation. Discussion: We found that the most probable risk in manned civil aviation is the human factor, organization of air traffic control, design flaws of unmanned aviation system as a whole, as well as maintenance of unmanned aviation system.

  7. [Civil bioethics in pluralistics societies].

    Science.gov (United States)

    Cortina, A

    2000-01-01

    The author examines how Bioethics should be approached in a pluralist society. She argues that through the gradual discovery of shared ethical values and principles for judging which practices are humanizing and which or not, ever-more dense civil Bioethics helps bring out--in contrast to relativism and subjectivism--an ethical intersubjectiveness, the fundaments of which should be addressed by moral philosophy if it hopes to fulfill one of its main tasks.

  8. The Celestial Basis of Civilization

    Science.gov (United States)

    Masse, W. B.

    Scholars have long puzzled over the reasons for the ubiquity of celestial images in the residue of the world's earliest civilizations: in art, myth, religious cosmology, iconography, cosmogony, eschatological beliefs, and as portents for the conduct of royal and chiefly power. The general consensus is that these images represented a need by early societies to use the fixed celestial heavens in order to regulate ritual and agricultural cycles, and to satisfy a psychological need by people to relate themselves to their surrounding Universe. Such explanations are facile and miss an important aspect of the celestial heavens. The fixed celestial heavens served as the back-drop for a large number of often spectacular temporary naked-eye visible celestial events which animated the night and sometimes the daytime sky, and which created an 'otherworld' for virtually all cultural groups. In this paper I present a model derived from the detailed analysis of Hawaiian oral traditions and culture history in relation to historic astronomical records of temporary celestial events, and then apply this model to cultural traditions from Mesoamerica and other geographic regions in order to demonstrate that novae, supernovae, variable stars, comets, great meteor showers, aurorae, solar and lunar eclipses, and impacting Solar System debris, together played a critical role in the artistic, intellectual, and political development of early civilizations. These data not only provide important insights into the development of civilization, but also provide important details and longitudinal records of astronomical events and phenomena which are otherwise not readily available for scientific scrutiny.

  9. Aeroservoelastic model based active control for large civil aircraft

    Institute of Scientific and Technical Information of China (English)

    2010-01-01

    A modeling and control approach for an advanced configured large civil aircraft with aeroservoelasticity via the LQG method and control allocation is presented.Mathematical models and implementation issues for the multi-input/multi-output(MIMO) aeroservoelastic system simulation developed for a flexible wing with multi control surfaces are described.A fuzzy logic based optimization approach is employed to solve the constrained control allocation problem via intelligently adjusting the components of output vector and find a proper vector in the attainable moment set(AMS) autonomously.The basic idea is to minimize the L2 norm of error between the desired moment and achievable moment using the designing freedom provided by redundantly allocated actuators and control surfaces.Considering the constraints of control surfaces,in order to obtain acceptable performance of aircraft such as stability and maneuverability,the fuzzy weights are updated by the learning algorithm,which makes the closed-loop system self-adaptation.Finally,an application example of flight control designing for the advanced civil aircraft is discussed as a demonstration.The studies we have performed showed that the advanced configured large civil aircraft has good performance with the proper designed control law designed via the proposed approach.The gust alleviation and flutter suppression are applied with the synergetic effects of elevator,ailerons,equivalent rudders and flaps.The results show good closed loop performance and meet the requirement of constraint of control surfaces.

  10. THE LOAN CONTRACT IN THE NEW CIVIL CODE

    Directory of Open Access Journals (Sweden)

    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.

  11. The Role of the Criminal Law and The Criminal Process in Healthcare Malpractice in France and England

    OpenAIRE

    Melinee Kazarian

    2013-01-01

    This thesis seeks to contribute to the debate about the role of the criminal law in holding health professionals and health institutions to account for malpractice. The research attempts a critical comparison of the role of the criminal law and the criminal process in healthcare malpractice in France, a civil law jurisdiction, and England, a common law jurisdiction. In France, the criminal process is more readily invoked to address failings and malpractice in healthcare. The aim of this resea...

  12. COMMERCIAL LEGAL ENTITIES ACCORDING TO THE RENEWED CIVIL CODE OF THE RUSSIAN FEDERATION

    Directory of Open Access Journals (Sweden)

    Kirsanov A. N.

    2015-01-01

    Full Text Available The article is focused on the question of reforming Russian public and private companies’ law and the various problems that accompany the reform of civil law. So it is noted that the Civil Code still maintain the existing division of legal persons for commercial and non-commercial, but offered no new legal entities. This is largely due to the fact that the legislator seeks only to remove the gaps. The author notes the lack of commitment of the legislator to offer promising models of commercial legal entities. However, the author notes that the elimination of errors only available legislation is not enough. For completeness of legal regulation it requires a new approach to the reform of civil law. We require the same approach for entrepreneurs as well. These subjects of civil and business relations need new models of business. Creating new models should be a subject to certain logic of their construction. The entire list of models of commercial legal entities must be built on the principle of scale. That is, each model of commercial entity must be subordinated to this principle on the basis of their economic importance

  13. Tax Law System

    Science.gov (United States)

    Tsindeliani, Imeda A.

    2016-01-01

    The article deals with consideration of the actual theoretic problems of the subject and system of tax law in Russia. The theoretical approaches to determination of the nature of separate institutes of tax law are represented. The existence of pandect system intax law building as financial law sub-branch of Russia is substantiated. The goal of the…

  14. On Boolean Stable Laws

    CERN Document Server

    Arizmendi, Octavio

    2012-01-01

    We determine which Boolean stable law is freely infinitely divisible and which is not. Some positive Boolean stable laws and a mixture of them have completely monotonic densities and they are both freely and classically infinitely divisible. Freely infinitely divisible Boolean stable laws and the corresponding free stable laws are non trivial examples whose free divisibility indicators are infinity.

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

    Directory of Open Access Journals (Sweden)

    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.

  16. Civil responsibility in the field of minors. La responsabilidad civil en el ámbito de los menores

    Directory of Open Access Journals (Sweden)

    Francisca Ramón Fernández

    2012-12-01

    Full Text Available In the present work the center of educational not top education of the art is analyzed on the responsibility by foreign fact or omission, in the cases in which it is necessary to answer. It is a question of the so called indirect responsibility centring on the responsibility of the parents, tutors and persons or titular entities of a Center of educational not top education. The civil responsibility and the minor is approached from a general perspective, then to analyze the civil solidary responsibility of the parents and his regulation, After the Organic Law 5/2000, of January 12, regulatory of the penal responsibility of the minors, to conclude, as final clasp, with the responsibility of the holders of teaching institutions. It has turned out specially interesting to rest on the jurisprudence, so much of the Supreme Court, as the minor jurisprudence called, detailing some concrete cases in which extracontractual has solved the civil responsibility in the area of the minors.En el presente trabajo se analiza el estado del arte sobre la responsabilidad por hecho u omisión ajeno, en los casos en los que se debe responder. Se trata de la llamada responsabilidad indirecta centrándonos en la responsabilidad de los padres, tutores y personas o entidades titulares de un Centro de enseñanza docente no superior.

  17. 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); Natalizim Luiz Guilherme Samico [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)

  18. Law across nations

    DEFF Research Database (Denmark)

    of participants keen to work together to promote research and policy development in such a lively forum." - Professor Steve Saxby PhD, Cert Ed., MBCS Professor of IT Law and Public Policy, Solicitor, Deputy Head of School (Research), Faculty of Business and Law, University of Southampton, Editor...... not only the original themes of Legal, Security and Privacy Issues in IT Law and International Law and Trade but more recently two new conferences on International Public and Private Law. The papers in this volume then represent the contributions to all these fields and reflect the strong desire......-in-Chief, The Computer Law & Security Review - The International Journal of Technology Law and Practice (Elsevier), www.elsevier.com/locate/clsr, Editor, The Encyclopedia of Information Technology Law (Sweet & Maxwell), Director ILAWS - Institute for Law and the Web - School of Law, Southampton University, www...

  19. 康德的宪法公民社会%Kant’s Constitutional Civil Society

    Institute of Scientific and Technical Information of China (English)

    唐桂明

    2012-01-01

    在康德看来,一切自然状态都是需要进入公民状态的,人类只有进入伦理和律法的公民共同体,才可能真正谈得上尊严和价值。宪法公民社会是包含国家共同体和自由国家联盟共同体在内的法权体系,是康德所要构建的律法的—公民共同体。宪法公民社会体现出几方面的主要特征:权利概念是宪法公民社会的基本内涵;建立在道德原则基础之上的律法正义原则是宪法公民社会构建的基本原则;而共和制、代议制和自由言论则是宪法公民社会的主要制度性特征;彻底消除战争、实现永久和平则是宪法公民社会的终极目标。宪法公民社会是人类实现善德与幸福统一的至善——"上帝的国"在地上的实现。%In Kant’s view,all natural state should enter into civil state.Only when human beings become an ethic and law civil community,dignity and value could be achieved.Constitutionalism and civil society is a law power system which includes national community and freedom national league.Such society is what Kant called as civil community of law.The main features of constitutionalism and civil society are: 1) the basic connotation of constitutionalism and civil society is the conception of right;2) the major institutional characteristics of constitutionalism and civil society is republicanism,the representative system and freedom speech;3) the ultimate goal of constitutionalism and civil society is to diminish war and make permanent peace come true.Therefore,constitutionalism and civil society is the most realistic promise to the achievement of supreme good which unifies the goodness and happiness.

  20. Law System in Japan

    OpenAIRE

    Andreea Lorena Ponaru

    2007-01-01

    This article attempts to present and explain the main features of the japanese law system. Japanese Law system was reformed during the domination of Tokugawa shogun family. In 1870, Foreign Governmental Systems Study Office was founded. By judicial sentences many french laws were introduced in Japanese law system. Roma-Tokyo-Berlin Alliance (1936) introduced a strong German influence in the law system. The Japanese judicial system has known five periods. In the first (1869-1888) were introduc...

  1. EU Labour Law

    DEFF Research Database (Denmark)

    Nielsen, Ruth

    The focus in this book is upon EU labour law and its interaction with national and international labour law. The book provides an analysis of the framework and sources of European labour law. It covers a number of substantive topics, notably collective labour law, individual employment contracts......, discrimination on grounds of sex and on other grounds, free movement of persons, restructuring of enterprises, working environment and enforcement of rights derived from EU labour law....

  2. The Power of Law

    Institute of Scientific and Technical Information of China (English)

    2009-01-01

    China’s draft Energy Law is now under consideration China’s draft Energy Law has been submitted to the State Council’s Legislative Affairs Office and will be considered at this year’s executive meeting, said a key member of the expert panel drafting the law. If the law makes it through the council, the National People’s Congress (NPC), China’s supreme law-making body, will vote on it.

  3. Power laws, Pareto distributions and Zipf's law

    OpenAIRE

    Newman, M E J

    2004-01-01

    When the probability of measuring a particular value of some quantity varies inversely as a power of that value, the quantity is said to follow a power law, also known variously as Zipf's law or the Pareto distribution. Power laws appear widely in physics, biology, earth and planetary sciences, economics and finance, computer science, demography and the social sciences. For instance, the distributions of the sizes of cities, earthquakes, solar flares, moon craters, wars and people's personal ...

  4. International Private Law and Communitarian Law

    Directory of Open Access Journals (Sweden)

    Abelardo Posso Serrano

    2013-01-01

    Full Text Available Private international law is justified at a time when the legal systems of nation states seeking a way to extend their areas and competencies. This desire led to the conflict between national laws, which grew smaller as did the novel concept of "international community", but did not suppress national relativism. A new law began to settle, then, with the progress of the integration process. Community laws have mechanisms to be applied, even when states would try to ignore them or to fulfill a relative way.

  5. European Energy Law. Report VII

    Energy Technology Data Exchange (ETDEWEB)

    Hammer, U.; Roggenkamp, M.M. (eds.)

    2010-04-15

    The European Energy Law Report VII presents in four parts an overview of the most important legal developments in the field of EU and national energy and climate change law as discussed at the 2009 European Energy Law Seminar. The first part examines recent developments in EU climate change regulation. It includes an overview of the revision of the EU Directive governing CO2 emissions trading and a more detailed analysis of the new allocation regime, including the auctioning of emission rights. This is followed by an analysis of the competitiveness of the new EU emissions trading Directive and recent developments in the US regarding emissions trading. The second part focuses on the energy liberalisation process and the Third Energy Package. Following an overview of recent developments in EU competition law and the impact of the Sector Inquiry on the energy sector, this part concentrates particularly on the new Internal Energy Market Directives and most particularly on the legality of the unbundling provisions. Subsequently, the focus is on the role of the TSOs. After an analysis of the need for an increased cooperation of the German TSOs, another chapter discusses the need for more consolidation in the European gas transmission market and the role of regulation therein. Is there a new role for nuclear energy? In order to secure long term energy supply, the focus turns again to nuclear energy. The third part of this report discusses two elements of nuclear liability. First, it analyses the issue of the possible privatisation of the nuclear sector and its impact on long term liability. Although the focus is on the UK nuclear sector, a comparison is made with some other regulatory regimes. Next, the role of nuclear energy is discussed as an instrument to reduce CO2 emissions and, more particularly as a means to reach the 20-20-20 targets. The question is raised whether the international rules on civil liability provide sufficient protection to victims of nuclear

  6. 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.

  7. ATLAS Civil Engineering Point 1

    CERN Multimedia

    Jean-Claude Vialis

    1998-01-01

    Different phases of realisation to Point 1 : zone of the ATLAS experiment After watching this film you can get the view of the civil engineering work at POINT1 where the ATLAS will be built. 03-11-1998 The video starts with the view of the POINT1 taken from the roof of the building 33. 04-11-1998 View of the installation of the entrance of the SDX1 18/19-11-1998 Installation of the rafters to the building PX15

  8. Gandhi, Civilization, Non-Violence and Obama

    OpenAIRE

    Tamer Söyler

    2010-01-01

    How should we understand Gandhi’s commitment to nonviolence?After discussing and refuting the idea that Gandhi’s conceptionof non-violence can be treated merely as a method to stand up toaggression, its embedment in a concept of true civilization is examined. It is argued that the important nuances between the definitions of civilization in the Gujarati and the English versions of Gandhi’s seminal work Hind Swaraj (1909) reveal Gandhi’s conception of civilization.

  9. LEGAL NATURE OF CORPORATE AGREEMENT IN THE RUSSIAN LAW

    Directory of Open Access Journals (Sweden)

    Rudenko E. Y.

    2016-04-01

    Full Text Available Legal consolidation of the corporate agreement institution in the Civil Code of the Russian Federation allowed the participants of business companies to implement and manage corporate rights in accordance with this agreement. However, reception of the institution and the lack of uniform court practice gave rise to many doctrinal disputes about the legal nature of the contract. The article presents the opinions of scientists on the issue of what rules of areas of law regulate the corporate agreement, whether it is separate or complex legal institution. The authors consider that the corporate agreement is governed exclusively by the rules of civil law. The corporate agreement is not a contract or an obligation in the traditional sense, however, it should be subjected to the general rules of obligations and contract law The corporate agreement has features of the unnamed contract, but despite this, it should be recognized as an independent civil law named contract. It is needed to ensure that, in addition to the general rules of the Obligations and Contracts, the rules of a treaty on the rights of participants of the limited liability and stockholders' agreement are applied to the corporate agreement

  10. Radio communications with extra-terrestrial civilizations

    Science.gov (United States)

    Kotelnikov, V. A.

    1974-01-01

    Communications between civilizations within our galaxy at the present level of radio engineering is possible, although civilizations must begin to search for each other to achieve this. If an extra-terrestrial civilization possessing a technology at our level wishes to make itself known and will transmit special radio signals to do this, then it can be picked up by us at a distance of several hundreds of light years using already existing radio telescopes and specially built radio receivers. If it wishes, this civilization can also send us information without awaiting our answer.

  11. 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.

  12. [The surgeons civil responsibility insurance].

    Science.gov (United States)

    Santovito, D

    2004-10-01

    After a short research in the field national insurances, the author analyses the professional physician insurance policy; the ambiguity and difficulty of contracts concerning the professional health activity of surgeon, whether as state employee or as independent professional are pointed put. With the introduction of the ministerial decree dated January 29,1992, the new labour agreement, the privacy law, the evolution of ''informed consent'', the esthetic injury concept, the safety regulations law and the administrative liability, surgeons must pay attention to draw up an insurance policy suitable to their profession.

  13. Operational Law Handbook,2007

    Science.gov (United States)

    2007-06-25

    Pyschological Command Realigns from SOC to Army Reserve Command, USASOC NEWS SERVICE (24 May 2006) (noting that USACAPOC will move from USASOC to...are assigned to USASOC). Judge Advocates should be aware that changes are underway. See Civil Affairs Pyschological Command Realigns from SOC to...example, Army CA units are assigned to USASOC). Judge Advocates should be aware that changes are underway. See Civil Affairs Pyschological Command

  14. Protection of the Person: Value Cornerstone of the Chinese Civil Code under Compilation%人的保护:中国民法典哲学遗产的解读

    Institute of Scientific and Technical Information of China (English)

    薛军

    2007-01-01

    @@ I."Protection of the Person" as theValue Cornerstone of Law All civil codes tend to mirror a certain sense of ethical value typical of a given society, a sense that in macroscopic terms determines the intrinsic spirit underlying the civil code in question and, in specific terms,exercises a profound impact on the concrete provisions designed therein.

  15. Observations on Drafting a Civil Code China%制定民法典的设想

    Institute of Scientific and Technical Information of China (English)

    梁慧星

    2001-01-01

    中国的私法建设走过了一段风雨历程,取得了一些进步和成就,但现有的私法规范过分零乱庞杂,急需系统 化和逻辑化。在民法法典化的条件业已成熟的今天,制定民法典应以德国法为模式,实行民商合一。%We have already gone through unusual experiences in civil law constitution, and achieved some progress. Of all the existent civil rules, many are extremely scattered and messy. Therefore, we need to have them tidied up in a logic and systematic way. China' s future civil code should take after the German model.

  16. Civil Defense, U. S. A.: A Programmed Orientation to Civil Defense. Unit 1. Civil Defense - Protection Against What?

    Science.gov (United States)

    Defense Civil Preparedness Agency (DOD), Battle Creek, MI.

    An explanation of the need for civil defense in nuclear and natural disasters is presented. A brief historical background of civil defense is given. Major topics include: (1) Types of disasters, (2) Probable objectives of a nuclear attack on the United States, (3) The major defensive measures against a nuclear attack, (4) Some reasons for low…

  17. Administrative Law Judges

    Science.gov (United States)

    The Administrative Law Judges conduct hearings and render decisions in proceedings between the EPA and persons, businesses, government entities, and other organizations which are or are alleged to be regulated under environmental laws.

  18. Recent Case Law

    DEFF Research Database (Denmark)

    Petz, Thomas; Sagaert, Vincent; Østergaard, Kim

    2004-01-01

    In this section authors from various European countries report the recent case law in their country on the field of private patrimonial law, that is decisions on the law of property, juridical acts, the law of obligations, contract law and prescription. The European Review of Private Law (ERPL......) started this section in 2003. The section aims to give our readers an overview of what is happening in the most recent European case law. We have asked the national reporters to report the juridical essence of the decisions given by the highest courts in their country. These national reports...... not relate the facts of the decision, nor the personal opinion of the reporter. One can find discussions on the most important decisions of European courts in ERPL’s case note section. The recent case law section gives overviews of decisions published in periods of four months. The period of January...

  19. A Healthy Law

    Institute of Scientific and Technical Information of China (English)

    2008-01-01

    The National People’s Congress(NPC)published China’s new draft Food Safety Law on April 20 for public discussion.The draft law covers food safety evaluation,monitoring, and recall and information release.

  20. Health care law versus constitutional law.

    Science.gov (United States)

    Hall, Mark A

    2013-04-01

    National Federation of Independent Business v. Sebelius, the Supreme Court's ruling on the Patient Protection and Affordable Care Act, is a landmark decision - both for constitutional law and for health care law and policy. Others will study its implications for constitutional limits on a range of federal powers beyond health care. This article considers to what extent the decision is also about health care law, properly conceived. Under one view, health care law is the subdiscipline that inquires how courts and government actors take account of the special features of medicine that make legal or policy issues especially problematic - rather than regarding health care delivery and finance more generically, like most any other economic or social enterprise. Viewed this way, the opinions from the Court's conservative justices are mainly about general constitutional law principles. In contrast, Justice Ruth Bader Ginsburg's dissenting opinion for the four more liberal justices is just as much about health care law as it is about constitutional law. Her opinion gives detailed attention to the unique features of health care finance and delivery in order to inform her analysis of constitutional precedents and principles. Thus, the Court's multiple opinions give a vivid depiction of the compelling contrasts between communal versus individualistic conceptions of caring for those in need, and between health care and health insurance as ordinary commodities versus ones that merit special economic, social, and legal status.

  1. THE IMPACT AND CONTROVERSIES OF THE NEW CIVIL CODE IN THE INSOLVENCY PROCEDURE – THE PATRIMONY SEPARATION

    Directory of Open Access Journals (Sweden)

    DANIELA MOGOS

    2012-05-01

    Full Text Available The law no. 287/2009 on the New Civil Code brings important changes to the law institutions and their principles, being established and acknowledged both by the judicial doctrine and by the legal practice. Still, the theme of this paper is not addressed to the legislative technique approached by the legislator, but is rather aimed at highlighting the impact, the implications, the changes, the controversies and the difficulties in application, brought by the New Civil Code to the insolvency procedure regulated by the Law no. 85/2006. The law no. 85/2006 on the insolvency procedure, as well as many other regulating laws belonging to the commercial law, have remained in force, as they are not included in the provisions of the Law no. 287/2009 on the New Civil Code, and as such we cannot ignore the changes in the national commercial legislation after the entering into force of the New Civil Code, namely after October 1st 2011. The new regulations, such as the definition of the professional and the enterprise, the deed of trust, the mortgage and the administration of the mortgaged goods, the prescription of debts, the separation of patrimonies, the forfeiture of the term benefit, have an impact upon the enforcement of the procedure of insolvency. Without pretending an exhaustive approach, this study shall reveal a possible interpretation and enforcement of the provisions of the New Civil Code with respect to the procedure of insolvency, being aimed at bringing a plus in the incipient doctrine in this field. Just like in the study regarding the remand agreement called “The prediction and prevention of insolvency Law 85/2006 on the procedure of insolvency” presented and sustained in the 4th edition of the International Scientific Session - Challenges of the Knowledge Society – this paper shall tackle the provisions of the two laws through the eyes of the practitioner, of the professional who enters into direct contact with the court of law and

  2. European tax law

    NARCIS (Netherlands)

    Terra, B.J.M.; Wattel, P.J.

    2008-01-01

    This book is intended as a reference book for tax law and EC law pratitioners, tax administrators, academics, the judiciary and tax or Community law policy makers. For students, an abridged student edition textbook is available. The book offers a systematic survey of the tax implications of the EC T

  3. Contract law as fairness

    NARCIS (Netherlands)

    J. Klijnsma

    2015-01-01

    This article examines the implications for contract law of Rawls' theory of justice as fairness. It argues that contract law as an institution is part of the basic structure of society and as such subject to the principles of justice. Discussing the basic structure in relation to contract law is par

  4. Environmental law in Denmark

    DEFF Research Database (Denmark)

    Basse, Ellen Margrethe

    Modern Danish environmental law has a strong international dimension due to membership of EU and participation in global and regional agreements. The concept of transnational law that includes EU environmental law that has vertical as well as horizontal effects across jurisdictions binding national...

  5. The monkeys' sworn oath : cultures of engagement for reconciliation and healing in the aftermath of the civil war in Mozambique

    NARCIS (Netherlands)

    Igreja, Victor

    2007-01-01

    This study examines the social world of reconciliation and healing in the aftermath of the protracted Mozambican civil war. Using a multidisciplinary approach (sociology, history, legal and medical anthropology, and international law) this research explores how reconciliation and healing unfold cont

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

    NARCIS (Netherlands)

    R. Mańko

    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

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

    Directory of Open Access Journals (Sweden)

    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.

  8. Diagnosing and litigating hebephilia in sexually violent predator civil commitment proceedings.

    Science.gov (United States)

    Fabian, John Matthew

    2011-01-01

    In recent years, state and federal legislative initiatives have heavily emphasized punitive laws to combat sexual crime. These statutes include indefinite civil commitment, which is the ultimate infringement on sexual offenders' civil liberties. Many of these committed offenders have repeatedly offended against prepubescent children (pedophiles), and many have committed nonconsensual sexual offenses against adults (rapists). A substantial number of sex offenders have offended against postpubescent adolescents and teenagers outside the age range of pedophilia (commonly referred to by some clinicians and researchers as hebephilia). The use of the term hebephilia has recently received heightened scrutiny in sexually violent predator civil commitment proceedings. Specifically, experts debate whether hebephilia is recognized within the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, Text Revision (DSM-IV-TR) and whether it is a generally accepted diagnosis within the field of sexual offender assessment. Scholars and practitioners question how hebephilia pertains to sexual deviance and one's risk of reoffending and whether it ultimately meets the legal mental abnormality threshold of civil commitment through DSM diagnostic criteria. This article addresses these questions and provides recent federal case law that attends to hebephilia in sexually violent predator proceedings.

  9. Active Center of Islamic Dialogue Civilizations

    Directory of Open Access Journals (Sweden)

    Ebrahim Moghimi

    2005-01-01

    Full Text Available It is obvious that an essay have introduced about Dialogue Civilizations, at first must be start with a definition about it. Obviously, this simple definition is almost difficult. Defining of Dialogue Civilizations is complex and difficult as far as it need to a vast range of definitions. In this essay will argue that how ever definition of Dialogue Civilization is different, can only seek as specific of intemporall and special situations that are in real-life. As well as this essay emphasize to practice of environmental (realm in Islamic countries. The philosophy of this essay is that, what is the share of Islamic environments with regard to looking at Civilizations special phenomena. The first attitude is that Islamic civilization includes different spaces around the globe. The second attitude is that Islamic Civilization includes developing of other Civilizations realm. The third is that in the realm of Islamic Civilization live different human life and this is an important starting point for Cultural Dialogue in the Islamic countries together. The fourth is that, there are expanding (space, population, political systems, organs and economic is different, that we will describe them in this essay.

  10. 31 CFR 103.57 - Civil penalty.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 1 2010-07-01 2010-07-01 false Civil penalty. 103.57 Section 103.57 Money and Finance: Treasury Regulations Relating to Money and Finance FINANCIAL RECORDKEEPING AND REPORTING OF CURRENCY AND FOREIGN TRANSACTIONS General Provisions § 103.57 Civil penalty. (a) For...

  11. Educating Civil Engineers for Developing Countries

    Science.gov (United States)

    Stanley, D.

    1974-01-01

    Based on engineering teaching experience in Africa and Asia, ideas are presented on educating civil engineers for developing countries, especially those in Africa. Some of the problems facing educational planners, teachers, and students are addressed, including responsibilities of a newly graduated civil engineer, curriculum development, and…

  12. 46 CFR 80.40 - Civil penalty.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 3 2010-10-01 2010-10-01 false Civil penalty. 80.40 Section 80.40 Shipping COAST GUARD, DEPARTMENT OF HOMELAND SECURITY (CONTINUED) PASSENGER VESSELS DISCLOSURE OF SAFETY STANDARDS AND COUNTRY OF REGISTRY § 80.40 Civil penalty. For each violation of the regulations in this part, the owner,...

  13. Civil Society Participation at CONFINTEA VI

    Science.gov (United States)

    Haddad, Sergio

    2012-01-01

    This article analyzes the participation of civil society in the Sixth International Conference on Adult Education held in Belem do Para, Brazil, 1-4 December 2009. As a foundation, the discussion first illuminates the important role that civil society in general plays in democratic issues and the relation between the state and society followed by…

  14. Civil Engineering: Improving the Quality of Life.

    Science.gov (United States)

    One Feather, Sandra

    2002-01-01

    American Indian civil engineers describe the educational paths that led them to their engineering careers, applications of civil engineering in reservation communities, necessary job skills, opportunities afforded by internship programs, continuing education, and the importance of early preparation in math and science. Addresses of 12 resource Web…

  15. Remaking Public Spaces for Civil Society

    Science.gov (United States)

    Ranson, Stewart

    2012-01-01

    The collective action predicaments of the time require citizens to participate in remaking the governance of civil society so that they can become engaged and cooperate together. Can citizens become makers of civil society? This article draws upon Hannah Arendt's "On Revolution" to provide a theory of remaking in which citizens come together to…

  16. 7 CFR 1709.18 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... benefits and on equal employment opportunity including 7 CFR parts 15 and 15b; and 45 CFR part 90, as... 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...

  17. 7 CFR 1735.15 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 11 2010-01-01 2010-01-01 false Civil rights. 1735.15 Section 1735.15 Agriculture Regulations of the Department of Agriculture (Continued) RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE... Policies § 1735.15 Civil rights. Borrowers are required to comply with certain regulations...

  18. 42 CFR 59.209 - Civil rights.

    Science.gov (United States)

    2010-10-01

    ... issued by the Secretary of Health and Human Services with the approval of the President (45 CFR part 80). ... 42 Public Health 1 2010-10-01 2010-10-01 false Civil rights. 59.209 Section 59.209 Public Health... Grants for Family Planning Service Training § 59.209 Civil rights. Attention is called to...

  19. 30 CFR 880.16 - Civil rights.

    Science.gov (United States)

    2010-07-01

    ... CFR part 17) and shall give assurances of compliance in such form as may be required by the Director. ... 30 Mineral Resources 3 2010-07-01 2010-07-01 false Civil rights. 880.16 Section 880.16 Mineral... LAND RECLAMATION MINE FIRE CONTROL § 880.16 Civil rights. State and local authorities shall comply...

  20. 50 CFR 82.20 - Civil rights.

    Science.gov (United States)

    2010-10-01

    ... thereunder, 43 CFR part 17. ... 50 Wildlife and Fisheries 6 2010-10-01 2010-10-01 false Civil rights. 82.20 Section 82.20 Wildlife... (MARINE MAMMAL PROTECTION ACT OF 1972) Administration § 82.20 Civil rights. Each cooperative...

  1. 28 CFR 65.52 - Civil rights.

    Science.gov (United States)

    2010-07-01

    ... CFR part 42, subparts C, D, E, and G. ... 28 Judicial Administration 2 2010-07-01 2010-07-01 false Civil rights. 65.52 Section 65.52... Additional Requirements § 65.52 Civil rights. The Act provides that “no person in any state shall on...

  2. 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... Rights Act of 1964; (2) Title IX, Education Amendments of 1972, as amended; (3) Section...

  3. 7 CFR 3550.3 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... CFR part 1901, subpart E. ... 7 Agriculture 15 2010-01-01 2010-01-01 false Civil rights. 3550.3 Section 3550.3 Agriculture... DIRECT SINGLE FAMILY HOUSING LOANS AND GRANTS General § 3550.3 Civil rights. RHS will administer...

  4. 7 CFR 250.21 - Civil rights.

    Science.gov (United States)

    2010-01-01

    ... rights. Distributing agencies, subdistributing agencies and recipient agencies shall comply with the Department's nondiscrimination regulations (7 CFR parts 15, 15a, and 15b) and the FNS civil rights... 7 Agriculture 4 2010-01-01 2010-01-01 false Civil rights. 250.21 Section 250.21...

  5. 49 CFR 221.7 - Civil penalty.

    Science.gov (United States)

    2010-10-01

    ... persons, or has caused death or injury, a penalty not to exceed $100,000 per violation may be assessed... 49 Transportation 4 2010-10-01 2010-10-01 false Civil penalty. 221.7 Section 221.7 Transportation... TRANSPORTATION REAR END MARKING DEVICE-PASSENGER, COMMUTER AND FREIGHT TRAINS General § 221.7 Civil penalty....

  6. 28 CFR 33.52 - Civil rights.

    Science.gov (United States)

    2010-07-01

    ... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Civil rights. 33.52 Section 33.52 Judicial Administration DEPARTMENT OF JUSTICE BUREAU OF JUSTICE ASSISTANCE GRANT PROGRAMS Criminal Justice Block Grants Additional Requirements § 33.52 Civil rights. The Justice Assistance Act provides that...

  7. Public health and the civilizing process.

    Science.gov (United States)

    Goudsblom, J

    1986-01-01

    Since the Middle Ages, European society has passed through two successive stages in the "civilizing process." Each has been attended by profound changes in psychological and social codes. These are examined in relation to a greater concern with health and hygiene in response to four waves of epidemics: leprosy, plague, syphilis, and cholera. Speculations are offered about AIDS and the "civilizing process".

  8. 76 FR 71431 - Civil Penalty Calculation Methodology

    Science.gov (United States)

    2011-11-17

    ... Uniform Fine Assessment (UFA) algorithm, which FMCSA currently uses for calculation of civil penalties. UFA takes into account the statutory penalty factors under 49 U.S.C. 521(b)(2)(D). The evaluation will... will impose a minimum civil penalty that is calculated by UFA. In many cases involving small...

  9. [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.

  10. ATLAS Civil Engineering Point 1

    CERN Multimedia

    Jean-Claude Vialis

    1999-01-01

    ATLAS Civil Engineering - Point 1 In the film you can see various stages of construction in Point 1: that is the experiment zone for ATLAS experimentation. One part of the video is filmed on the surface of Point 1. Therefore you can get the view of the hall SX 1 and the cranes. Cranes are located close to the ridge of the hall roof. The film gives you the view of the hall that covers the caps and the wells to underground cavern where the experiment will be implemented. The machinery for excavation lifts and cranes as well as the stock areas can also be seen. There are iron mounting and concrete works too

  11. Instituciones de Derecho Civil Colombiano

    Directory of Open Access Journals (Sweden)

    Carlos H Barrera Martínez

    2013-01-01

    Full Text Available Dice el autor, que con esta obra culmina su labor de tratadista iniciada hace 40 años, tras la aparición de la primera edición en hojas mimeografiadas en 1970, de las clases de derecho procesal que dictó en la Universidad La Gran Colombia; nos parece un acto más contestatario, que la culminación de su producción científica; y esto por el tratamiento dado al derecho procesal por el legislador, especialmente al Código de Procedimiento Civil de 1970; que en algún momento fue considerado de los más desarrollados en la cultura jurídica “neorománica”.

  12. Instituciones de Derecho Civil Colombiano

    OpenAIRE

    Carlos H Barrera Martínez

    2013-01-01

    Dice el autor, que con esta obra culmina su labor de tratadista iniciada hace 40 años, tras la aparición de la primera edición en hojas mimeografiadas en 1970, de las clases de derecho procesal que dictó en la Universidad La Gran Colombia; nos parece un acto más contestatario, que la culminación de su producción científica; y esto por el tratamiento dado al derecho procesal por el legislador, especialmente al Código de Procedimiento Civil de 1970; que en algún momento fue considerado de los m...

  13. Expanding advanced civilizations in the universe

    CERN Document Server

    Gros, C

    2005-01-01

    The 1950 lunch-table remark by Enrico Fermi `Where is everybody' has started intensive scientific and philosophical discussions about what we call nowadays the `Fermi paradox': If there had been ever a single advanced civilization in the cosmological history of our galaxy, dedicated to expansion, it would have had plenty of time to colonize the entire galaxy via exponential growth. No evidence of present or past alien visits to earth are known to us, leading to the standard conclusion that no advanced expanding civilization has ever existed in the milky-way \\cite{Webb}. This conclusion rest fundamentally on the ad-hoc assumption, that any alien civilizations dedicated to expansion at one time would remain dedicated to expansions forever. Considering our limited knowledge about alien civilizations we need however to relax this basic assumption. Here we show that a substantial and stable population of expanding advanced civilization might consequently exist in our galaxy.

  14. [Civil prodedure or penal procedure in the event of medical fault].

    Science.gov (United States)

    du Jardin, J

    2004-01-01

    The author specifies the rules and the vocabulary of the civil and penal procedures. He points out the characteristics of the medical act and the failures that a medical practitioner can be blamed for. He defines the notions of the duty of best efforts and the duty to achieve a specific result. The role of the expert is touched upon. The article is supplemented by significant case-law decisions and a list of recent textbooks.

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

    Directory of Open Access Journals (Sweden)

    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

  16. Cyber threats within civil aviation

    Science.gov (United States)

    Heitner, Kerri A.

    Existing security policies in civil aviation do not adequately protect against evolving cyber threats. Cybersecurity has been recognized as a top priority among some aviation industry leaders. Heightened concerns regarding cyber threats and vulnerabilities surround components utilized in compliance with the Federal Aviation Administration's (FAA) Next Generation Air Transportation (NextGen) implementation. Automated Dependent Surveillance-B (ADS-B) and Electronic Flight Bags (EFB) have both been exploited through the research of experienced computer security professionals. Civil aviation is essential to international infrastructure and if its critical assets were compromised, it could pose a great risk to public safety and financial infrastructure. The purpose of this research was to raise awareness of aircraft system vulnerabilities in order to provoke change among current national and international cybersecurity policies, procedures and standards. Although the education of cyber threats is increasing in the aviation industry, there is not enough urgency when creating cybersecurity policies. This project intended to answer the following questions: What are the cyber threats to ADS-B of an aircraft in-flight? What are the cyber threats to EFB? What is the aviation industry's response to the issue of cybersecurity and in-flight safety? ADS-B remains unencrypted while the FAA's mandate to implement this system is rapidly approaching. The cyber threat of both portable and non-portable EFB's have received increased publicity, however, airlines are not responding quick enough (if at all) to create policies for the use of these devices. Collectively, the aviation industry is not being proactive enough to protect its aircraft or airport network systems. That is not to say there are not leaders in cybersecurity advancement. These proactive organizations must set the standard for the future to better protect society and it's most reliable form of transportation.

  17. Liabilities in Contract Law of China: Their Mechanism and Points in Dispute

    Institute of Scientific and Technical Information of China (English)

    HAN Shiyuan

    2006-01-01

    China is drafting its first Civil Code now,and the Chinese laws have seen an expansion of contractual obligations and a new structure of contractual liabilities.This paper expounds this trend through the perspective of contract liabilities.It mainly analyses the anticipatory breach,the enforced performance,damages,payments stipulated by the contract,the statutory rights to termination,the unification of guarantee liabilities for defects and liabilities for breach of contract,and makes the conclusion that China Contract Law CCL will be put into the future Chinese Civil Code,with some necessary technical changes and amendments.

  18. International law on nuclear liability - a critical approach

    Energy Technology Data Exchange (ETDEWEB)

    Lopuski, J.Z. [Nicolas Copernicus Univ., Torun (Poland)

    1995-12-31

    The author discusses in detail the following topics: Compensation for domestic nuclear damage and for transfrontier nuclear damage - rule of formal equality of parties which belongs to the basic rule of civil law considering the position of domestic and foreign victims of a grave accident-juridical consequences of the preponderant role played by the state in the promotion, development and supervision of the nuclear industry-rationale for applying the concept of global limitation of liability in the law on nuclear liability and compensation - financial consequences of uncompensated nuclear damage, borne by the victims directly affected or spread over the whole community of the affected state? (HP)

  19. Florida's outpatient commitment law: a lesson in failed reform?

    Science.gov (United States)

    Petrila, John; Christy, Annette

    2008-01-01

    An involuntary outpatient commitment law became effective in Florida in January 2005. However, only 71 orders for outpatient commitment have been issued in three years, even though during that period 41,997 adults had two or more 72-hour involuntary emergency examinations under Florida's civil commitment law. This column describes the criteria for outpatient commitment in the Florida statute and discusses possible reasons for its low rate of use, including additional statutory criteria that make filing a petition for outpatient commitment difficult, lack of community treatment resources, and lack of enforcement mechanisms.

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

    Directory of Open Access Journals (Sweden)

    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.

  1. Logic for Law Students: How to Think Like a Lawyer

    OpenAIRE

    2007-01-01

    Logic is the lifeblood of American law. In case after case, prosecutors, defense counsel, civil attorneys, and judges call upon the rules of logic to structure their arguments. Law professors, for their part, demand that students defend their comments with coherent, identifiable logic. By now we are all familiar with the great line spoken by Professor Kingsfield in The Paper Chase: “You come in here with a head full of mush and you leave thinking like a lawyer.” What is thinking l...

  2. 试论民事程序选择权%The discussing of the right of choice of civil procedure

    Institute of Scientific and Technical Information of China (English)

    周伟标

    2011-01-01

    In the guide of modern legal ideas,the civil procedure law in China is paid more and more attention on emphasis on the value orientation and the respect of the purpose of clients.In the civil suit,giving the choice right to clients reflects fair,order and efficiency of law,and at the same time,is the best choice of the reform of the civil procedure law.After analyzing the choice right in civil procedure law and comparing the cases of other countries,drawing a conclusion about the defects of the choice right in civil procedure law in China and suggesting the measures of perfection.%在现代司法理念的指导下,我国民事诉讼法越来越重视当事人的意志及价值取向。而赋予当事人以适当的程序选择权,正是这一变化的重大体现。这是民事诉讼法所欲体现的公正、秩序、效率价值的应有之义,也是我国民事诉讼法改革的必然选择。本文立足于民事程序选择权的理论基础,从我国与各国的立法例比较出发,总结反思了我国民事诉讼法中的有关程序选择权的立法不足,并针对如何更好地赋予当事人以程序选择权,提出完善建议。

  3. On the Informal Norms from the Perspective of Comparison between Law and Informal Norms

    Institute of Scientific and Technical Information of China (English)

    贾广飞

    2009-01-01

    From ancient society to nowadays,sodal control system has had a diversity of content,including the law,morality,religion,education,system,custom,natural and civil law,ete.Law seems to becomeo one of the most respected social control systems by the countries all over the world,but the role of informal norms can not be underestimated.The informal norms and regulauons have been more important than the law in the controlling of people's behaviorin the rural remote areas.

  4. Law as Theory: Constitutive Thought in the Formation of (Legal Practice

    Directory of Open Access Journals (Sweden)

    Peter Fitzpatrick

    2010-12-01

    Full Text Available Typical but puzzling engagements with law in Jurisprudence and in civil religion are drawn upon to evoke a dimension of law essential to its practice, a dimension relegated in usual conceptions of law. That dimension entails a responsive regard for whatever is found also to be the generative force of theory, whether legal or social theory. Law in its practical guise is thence found to have a constituent correspondence to theory. Legal practice can no more escape theory than theory can escape practice.

  5. Ni paix ni guerre. Philosophie de la désobéissance civile et politique de la non-violence.

    OpenAIRE

    Cervera-Marzal, Manuel

    2014-01-01

    Civil disobedience is facing to the question of its democratic legitimacy: are citizens allowed to break the law voted by the majority and the elected Parliament? As demonstrated in the first part of the thesis, the answer to this question depends on weather we adopt the perspective of liberal philosophers such as John Rawls and Jürgen Habermas, or the perspective of activists like Gandhi and Martin Luther King.Furthermore, civil disobedients aim to fight against various forms of injustice, b...

  6. Hegel e il Concetto di Società Civile

    Directory of Open Access Journals (Sweden)

    Michele PROSPERO

    2013-03-01

    Full Text Available Civil society is one of the most relevant concepts defined by Hegel’s philosophy of law. Analysing the material and symbolic layers that create the “system of needs”, Hegel enters a dialogue with political economics and foregrounds the constitutive features of the modern bourgeois society embodied as a distinct existential sphere by the representative political state. The concepts of market, contract, machine, abstract labour, the circulation of goods, ownership, land and possession are investigated as essential elements of the social experience of modernity. They consolidate the original tension between the public and the private, the general and the particular, the abstract and the concrete, the form and the content.

  7. Politicization of Senior Civil Servants in Slovenia

    Directory of Open Access Journals (Sweden)

    Lea NAHTIGAL

    2013-06-01

    Full Text Available In the context of the civil service system reform, the new normative framework adopted in 2002 introduced a new management arrangement in public administration, whose consequence was the transition of senior positions within ministries, bodies within ministries, and government offices from political officials to positional civil servants with a limited term of office, who have thus become the most senior civil servants, called administrative managers. Based on extensive empirical research and statistical data, this article provides an in-depth analysis of the status and position of administrative managers, which is intended to serve as a test whether the apex of the Slovenian administrative system is politicized and in what form. In the so-called new democracies, politicization most often is manifested as a violation of the principles of political neutrality characteristic of a professional civil service, through personalized and biased appointments of senior civil servants and in the low degree of protection against lay-offs of civil servants on political grounds. Administrative managers thus often have to decide between political susceptibility and trustworthiness versus professionalism and professional accountability, for their tasks belong to the administrative and political realms. This poses a question about the degree of influence politicians exert on administrative managers and the rate of success with which administrative managers manage to retain their professionalism and independence, which should represent the key characteristics of a senior civil servant.

  8. Competencies Framework for Civil Engineer in Thailand

    Directory of Open Access Journals (Sweden)

    Phanudej Kudngaongarm

    2012-02-01

    Full Text Available The civil engineering industry now faces with many problems such as poorly planned projects, breach of the delivery date, erroneous budget estimation, uncontrolled system functionality changes, and inappropriate documentation that all lead to the dissatisfaction of clients. One of the main concerns of civil engineering industry is to develop the talent of its human resources, since the quality and innovation of its products and services depend to a great extent on the knowledge, the ability and the talent that civil engineers apply in the development process. A competency framework defines a set of knowledge, skills, and behaviors that professionals must have to excel in their careers. A competency framework facilitates the identification of training needs and guides the design of a professional development program. In this paper we propose a competency framework for civil engineers, whose design is based on the activities and interactions that they perform during the civil development process. Thus, competency framework for civil engineers defines a set of knowledge, abilities and key behaviors, with special emphasis in the soft skills. The organization that adopts this framework must define and integrate the specific competencies needed by for civil engineers to allow them to fulfill their goals.

  9. Civil liability: characterization of the demand for lawsuits against dentists.

    Science.gov (United States)

    Zanin, Alice Aquino; Herrera, Lara Maria; Melani, Rodolfo Francisco Haltenhoff

    2016-08-18

    In light of the fact that dentists may be held civilly liable for their practice, it is important to understand the current situation of lawsuits filed against these professionals by studying current legal decisions and the literature. The objective of this study was to analyze the case law of the Court of Justice of São Paulo, Brazil, relative to the profile of patients and professionals, the most commonly involved specialties, the amounts litigated and the court decisions pertaining to civil liability lawsuits against dentists. In an inductive approach, a single researcher screened and collected civil liability rulings by accessing the Court's website, and following a statistical-descriptive procedure and an indirect observation technique. The most frequently involved specialty was prosthodontics. However, oral and maxillofacial surgery was related to a higher incidence of damages awarded to settle claims and to higher damage amounts. The dentist was found guilty in 44.32% of the cases researched. Pecuniary damages ranged between R$ 485.50 and R$ 12,530.00, and non-pecuniary damages ranged between R$ 2,500.00 and R$ 70,000.00. Most lawsuits were filed by women against male dentists. An increase in the relative number of lawsuits against companies versus individuals was observed.

  10. Civil liability: characterization of the demand for lawsuits against dentists

    Directory of Open Access Journals (Sweden)

    Alice Aquino ZANIN

    Full Text Available Abstract In light of the fact that dentists may be held civilly liable for their practice, it is important to understand the current situation of lawsuits filed against these professionals by studying current legal decisions and the literature. The objective of this study was to analyze the case law of the Court of Justice of São Paulo, Brazil, relative to the profile of patients and professionals, the most commonly involved specialties, the amounts litigated and the court decisions pertaining to civil liability lawsuits against dentists. In an inductive approach, a single researcher screened and collected civil liability rulings by accessing the Court’s website, and following a statistical-descriptive procedure and an indirect observation technique. The most frequently involved specialty was prosthodontics. However, oral and maxillofacial surgery was related to a higher incidence of damages awarded to settle claims and to higher damage amounts. The dentist was found guilty in 44.32% of the cases researched. Pecuniary damages ranged between R$ 485.50 and R$ 12,530.00, and non-pecuniary damages ranged between R$ 2,500.00 and R$ 70,000.00. Most lawsuits were filed by women against male dentists. An increase in the relative number of lawsuits against companies versus individuals was observed.

  11. 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.

  12. Tropical Climate Dynamics and Civilizations

    Science.gov (United States)

    Haug, G. H.; Yancheva, G.; Peterson, L. C.

    2005-12-01

    Dr. James P. Kennett has been a leader in the area of rapid climate change. Jim and his son Douglas J. Kennett, a scientific archeologist, were among the first to make a serious effort to combine high-quality climate data with archeological information to study the impact of climate on societies. They argued about the 'strong relationship between climatically induced changes in environmental conditions and social, political, and economic responses' in coastal California during the past 2 millennia. One tropical climate archive with an appropriate memory for the most relevant sub-centennial to sub-decadal scale climate swings is the anoxic Cariaco Basin off northern Venezuela. Millimeter to micrometer-scale geochemical data in the laminated sediments of the Cariaco Basin have been interpreted to reflect variations in the hydrological cycle and the mean annual position of the Intertropical Convergence Zone (ITCZ) over tropical South America during the past millennia. These data with decadal to (sub)annual resolution show that the Terminal Collapse of the Classic Maya civilization occurred during an extended dry period. In detail, the Cariaco record reveals evidence for three separate droughts during the period of Maya downfall, each lasting a decade or less. These data suggest that climate change was potentially one immediate cause of the demise of Mayan civilization, with a century-scale decline in rainfall putting a general strain on resources and several multi-year events of more intense drought pushing Mayan society over the edge. Here, we present a new data set of comparable quality and resolution from Southern China. In the sediments of lake Huguang Maar in coastal southeast China, the titanium content and redox-sensitive magnetic properties record the strength of winter monsoon winds at subdecadal resolution over the last 16 thousand years. The record indicates a stronger winter monsoon prior to the Boelling-Alleroed warming, during the Younger Dryas, and

  13. THE POETIC VECTOR OF CIVILIZATION

    Directory of Open Access Journals (Sweden)

    Mikhail Epstein

    2016-01-01

    Full Text Available The article regards poetry as the type of a world view that has profound effect on the social and technical development of civilization. Contrary to popular belief about the decline of poetry in the technological age, poetry, as the desire for imaginative comprehension and transformation of the world, remains the most powerful engine of civilization. There are new, non-linguistic forms of existence of poetry (outside of verses and books that are explored in the article: anthropoeia, biopoeia, kosmopoeia, noopoeia, sociopoeia, technopoeia… For example, the technique is no less metaphorical and symbolic than poetry is, but it embodies the energy of creation not in words, but in the poetically transfigured matter where each element is „playing” with nature, overcomes the force of gravity, the distances of time and space. Tehnopoeia as realized in aviation, rocketry, electronics, Internet, new means of communication, allows to see clearly the invisible, to hear the inaudible, to speak many languages. Technopoeia is the poetic aspect of technology as an activity that implements the creative aspirations of humans and the symbolic vision of the world. The article examines the „physics of poetry,” as it was understood by Surrealists, and shows that the poetic perception of things is not opposed to its utilitarian functions, but both can be harmoniously combined. Contemporatry science and technology aspire to implement a number of fundamental biopoetic and cosmopoetic metaphors: the universe — a computer, a planet — a living organism, the computer — the brain, the Internet — the nervous system, infectious viruses — computer and genes, the language of life — the process of writing… The metaphor becomes an integral part of the scientific outlook and the driving force behind the new discovery. Philology and poetics need to develop new methods of analysis of poetic phenomena as embodied not in verses, but in scientific thinking and

  14. Mechanics, Models and Methods in Civil Engineering

    CERN Document Server

    Maceri, Franco

    2012-01-01

    „Mechanics, Models and Methods in Civil Engineering” collects leading papers dealing with actual Civil Engineering problems. The approach is in the line of the Italian-French school and therefore deeply couples mechanics and mathematics creating new predictive theories, enhancing clarity in understanding, and improving effectiveness in applications. The authors of the contributions collected here belong to the Lagrange Laboratory, an European Research Network active since many years. This book will be of a major interest for the reader aware of modern Civil Engineering.

  15. The Main Law Systems

    Directory of Open Access Journals (Sweden)

    Doranda Maracineanu

    2009-06-01

    Full Text Available The internal law of a State is the expression of the sovereign will of that Sate; however, thereare some features common to all law systems. The evolution of the society as a whole gave rise tointernational bodies (such as the European Union, through which the signatory countries haveassimilated certain unitary regulations in the internal law system. The origin of this law system is thelaw book of Justinian, during whose time the Roman law was codified. Thus, in the year 528 a. d.Justinian arranged the legal rules of those times in a unitary whole, adapted to the realities of those days.In our country, as per the fundamental law - the Constitution, the treaties and conventions ratified byRomania prevail in case of a conflict between them and the internal legislation regarding the humanrights.

  16. Statistical laws in linguistics

    CERN Document Server

    Altmann, Eduardo G

    2015-01-01

    Zipf's law is just one out of many universal laws proposed to describe statistical regularities in language. Here we review and critically discuss how these laws can be statistically interpreted, fitted, and tested (falsified). The modern availability of large databases of written text allows for tests with an unprecedent statistical accuracy and also a characterization of the fluctuations around the typical behavior. We find that fluctuations are usually much larger than expected based on simplifying statistical assumptions (e.g., independence and lack of correlations between observations).These simplifications appear also in usual statistical tests so that the large fluctuations can be erroneously interpreted as a falsification of the law. Instead, here we argue that linguistic laws are only meaningful (falsifiable) if accompanied by a model for which the fluctuations can be computed (e.g., a generative model of the text). The large fluctuations we report show that the constraints imposed by linguistic laws...

  17. On Hack's Law

    Science.gov (United States)

    Rigon, Riccardo; Rodriguez-Iturbe, Ignacio; Maritan, Amos; Giacometti, Achille; Tarboton, David G.; Rinaldo, Andrea

    1996-11-01

    Hack's law is reviewed, emphasizing its implications for the elongation of river basins as well as its connections with their fractal characteristics. The relation between Hack's law and the internal structure of river basins is investigated experimentally through digital elevation models. It is found that Hack's exponent, elongation, and some relevant fractal characters are closely related. The self-affine character of basin boundaries is shown to be connected to the power law decay of the probability of total contributing areas at any link and to Hack's law. An explanation for Hack's law is derived from scaling arguments. From the results we suggest that a statistical framework referring to the scaling invariance of the entire basin structure should be used in the interpretation of Hack's law.

  18. Zipf's law, power laws, and maximum entropy

    CERN Document Server

    Visser, Matt

    2012-01-01

    Zipf's law, and power laws in general, have attracted and continue to attract considerable attention in a wide variety of disciplines - from astronomy to demographics to economics to linguistics to zoology, and even warfare. A recent model of random group formation [RGF] attempts a general explanation of such phenomena based on Jaynes' notion of maximum entropy applied to a particular choice of cost function. In the present article I argue that the cost function used in the RGF model is in fact unnecessarily complicated, and that power laws can be obtained in a much simpler way by applying maximum entropy ideas directly to the Shannon entropy subject only to a single constraint: that the average of the logarithm of the observable quantity is specified.

  19. Zipf's law, power laws and maximum entropy

    Science.gov (United States)

    Visser, Matt

    2013-04-01

    Zipf's law, and power laws in general, have attracted and continue to attract considerable attention in a wide variety of disciplines—from astronomy to demographics to software structure to economics to linguistics to zoology, and even warfare. A recent model of random group formation (RGF) attempts a general explanation of such phenomena based on Jaynes' notion of maximum entropy applied to a particular choice of cost function. In the present paper I argue that the specific cost function used in the RGF model is in fact unnecessarily complicated, and that power laws can be obtained in a much simpler way by applying maximum entropy ideas directly to the Shannon entropy subject only to a single constraint: that the average of the logarithm of the observable quantity is specified.

  20. How Law Affects Lending

    OpenAIRE

    Haselmann, Rainer; Pistor, Katharina; Vig, Vikrant

    2006-01-01

    A voluminous literature seeks to explore the relation between law and finance, but offers little insights into dynamic relation between legal change and behavioral outcomes or about the distributive effects of law on different market participants. The current paper disentangles the law-finance relation by using disaggregate data on banks’ lending patterns in 12 transition countries over a 8 year period. This allows us to control for country level heterogeneity and differentiate between differ...

  1. Environmental law: Course

    OpenAIRE

    Малярчук, Назар Вікторович

    2013-01-01

    In this course we tried to shed some light on the most important issues of the environmental law: notion, subject, method, system and sources of environmental law, we revealed the context of government management in the field of the protection of environment, legal regulation of conducting environmental examination. The separate subjects determines legal regime of each environmental law objects: lands, water, mineral wealth, forests, air, flora and fauna, natural protection fund of Ukraine. ...

  2. Borders, Violence, Law

    Directory of Open Access Journals (Sweden)

    JAVIER DE LUCAS

    2014-06-01

    Full Text Available This article explores the relationship between violence, law and borders by analyzing both the violence at the borders and the violence of the borders. In both cases, the author states that violence exerted by means of law, as well as migratory and asylum policies, threaten the universal human rights of the most vulnerable people and cannot be seen as exercising the legitimate monopoly of force, resulting in the destruction of the Rule of Law.

  3. Rhetoric in Law

    DEFF Research Database (Denmark)

    Gabrielsen, Jonas

    The bond between law and rhetoric is as old as the subjects themselves. Especially the ancient works on legal rhetoric afford, however, a too narrow depiction of the interaction between law and rhetoric as a purely instrumental discipline of communication in court. In this paper I challenge...... this narrow understanding of legal rhetoric and outline three distinct frames of understanding the relation between law and rhetoric...

  4. Enjoying the Law

    DEFF Research Database (Denmark)

    Bjerre, Henrik Jøker

    2005-01-01

    of the concept of enjoyment is instructive, and looking at it more closely makes it possible to spell out why obedience in itself does not suffice for a moral existence. Subjecting ourselves to the prescriptions of positive law might actually function as a way of escaping the insatiable demands of the moral law....... In this case, the positive law not only sustains our enjoyment (by securing basic liberties), but also comes to function as an object of enjoyment itself....

  5. Learning the Law

    OpenAIRE

    Engel, Christoph

    2004-01-01

    Hardly any of the law's subjects know the text of the provisions that govern their conduct. Even less would they be able to handle this text properly, were they to get access to it. Nonetheless the law firmly believes that it is not feckless. This paper solves the puzzle by drawing on four bodies of knowledge: neurobiology, developmental psychology, the psychology of learning, and work form social scientists on learning.The paper makes the following claim: typically the law reaches its addres...

  6. Criminal Law in Denmark

    DEFF Research Database (Denmark)

    Langsted, Lars Bo; Garde, Peter; Greve, Vagn

    Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a practical analysis of criminal law in Denmark. An introduction presents the necessary background information about the framework and sources of the criminal justice system, and then proceeds...... resource for criminal lawyers, prosecutors, law enforcement officers, and criminal court judges handling cases connected with Denmark. Academics and researchers, as well as the various international organizations in the field, will welcome this very useful guide, and will appreciate its value in the study...... of comparative criminal law....

  7. CONSTANT ASPECTS OF LAW

    Directory of Open Access Journals (Sweden)

    ELENA ANGHEL

    2011-04-01

    Full Text Available "Are we watching, in the succession of history, the appearance and disappearance of legal systems or assisting, in a greater or lesser extent, to what might be considered, in a sense, an evolution of those systems?"1 Law, indissolubly linked to the general evolution of society, has recorded a number of differences in time and space, both in terms of content of various types and positive law systems, and also in terms of forms that take the rules of law, authorities who have the ability to edict it or the procedure to be followed.Indeed, there is no law for all times and all places, as law is not an abstract product of our reason, it comes from the human experience, it is a product of history and that is why institutions of each society can only be different from one society to another.2 But, as in reality there are not quantities of history - many, little or very little - but just history3, we can say that in typology there is not socialist law absolutely different from bourgeois, feudal or slave law, so there is just law. By this approach, I wanted to bring back into question the existence of some factors of constancy in law, those "legal permanencies” investigated by Edmond Picard, believing that "there is something in the legal relationship that necessarily subsist anywhere”.4

  8. Law before Gratian

    DEFF Research Database (Denmark)

    This volume, the third in the series, contains the proceedings of the conference 'Law before Gratian' and covers a wide range of topics from individual and local studies to broader reflections on the status and function of law in medieval European societies before the scholastic legal 'revolution......' of the later twelfth century. Seeking to broaden our view of what constituted law in this period, the articles examine these earlier developments in their own right and provide new insights into the variety and complexity of early and high medieval approaches to law and jurisprudence. Contributors...

  9. [The civil liability of obstetricians].

    Science.gov (United States)

    Uphoff, R; Hindemith, J

    2011-12-01

    The number of maternal and child deaths associated with delivery in Germany has reached a historically low level. Even so, the number of claims for damages arising from birth complications is continuously increasing. The reasons for this apparent paradox are analysed in the present contribution. Basic principles of the present situation concerning legal precedents with regard to birth damages are illustrated. The legal instrumentarium which the courts use to reach their decisions is presented. The interactions of the reasons for liability are demonstrated for the five most frequently occurring critical obstetric situations (intrauterine asphyxia, premature amniorrhexis, danger of premature birth, intrauterine growth retardation, birth of a depressed child).From an analysis of court decisions on liability questions that result from an objective failure of obstetric management in critical situations, four general empirical rules can be derived and observation of these rules could markedly reduce the number of patient claims. The function of civil court rulings as a necessary control instance is positively accepted.

  10. Noviolencia, desobediencia civil y ejemplaridad

    Directory of Open Access Journals (Sweden)

    Alicia María de Mingo Rodríguez

    2010-06-01

    Full Text Available Este artículo intenta mostrar la íntima conexión entre el espíritu que anima la noviolenciaen Mahatma Gandhi y la modalidad de práctica de dicha noviolencia que representala desobediencia civil. No sólo se aborda aquella noviolencia y esta desobediencia en susrasgos básicos, destacándose la perplejidad que suscita la noviolencia en su asimetría eirreprocidad (respecto al acto agresivo, sino que expresamente se intenta articularlasde cara a pensar la relevancia de ambos conceptos para una educación y filosofía para lapaz. Es por ello por lo que se hace imprescindible traer a primer plano la importanciadel compromiso, la responsabilidad y el sacrificio que comporta la noviolencia, a finde que se los pueda hacer trascender socialmente bajo la modalidad (decisiva en unacultura de paz de ejemplaridad y autoridad, muy relevantes para que la noviolenciagane prestigio social real (y no un prestigio utópico.

  11. Thinking law: thinking law in motion

    OpenAIRE

    Laura Beth Nielsen

    2014-01-01

    This essay argues that one way to “think law” is to think “law in motion”. I will argue that a “law in motion” perspective embodies four core elements or ‘multiplicities’ which are: (1) multiple methodologies; (2) multiple perspectives; (3) multiple vocalities; and (4) multiple media including objects. As will become evident by the number of inspiring colleagues that have articulated rationales and perspectives for each of these multiplicities, these are not original ideas for which I can cla...

  12. CONTROVERSIAL LAW ISSUES IN THE ENFORCEMENT OF THE NEW LEGAL PROVISIONS IN FAMILY LAW

    Directory of Open Access Journals (Sweden)

    Dan LUPAȘCU

    2016-05-01

    Full Text Available The relatively short period of the new Romainian Civil Code implementation highlights the existence of some controversial law issues regarding the legal provisions contained in Book II, entitled “About family”. Apart from the theoretical disputes, there are also court decisions that contain different solutions in the enforcement of the same legal provisions. Controversy exists not only in relation to the newly introduced institutions in our legal landscape, but also regarding the ones taken over from the old regulation, institutions that have undergone some changes. The examples are most varied and they do not bypass almost any matter. Thus, we signal the presence of different interpretations of regulations regarding: engagement, marriage, divorce, parentage, adoption, the legal duty to maintain, the parental authority, etc. The present study highlights such controversy’s by presenting the views expressed and the arguments invoked in their support and also some propositions of Ferenda Law.

  13. CONTROVERSIAL LAW ISSUES IN THE ENFORCEMENT OF THE NEW LEGAL PROVISIONS IN FAMILY LAW

    Directory of Open Access Journals (Sweden)

    Dan LUPAȘCU

    2016-06-01

    Full Text Available The relatively short period of the new Romainian Civil Code implementation highlights the existence of some controversial law issues regarding the legal provisions contained in Book II, entitled “About family”. Apart from the theoretical disputes, there are also court decisions that contain different solutions in the enforcement of the same legal provisions. Controversy exists not only in relation to the newly introduced institutions in our legal landscape, but also regarding the ones taken over from the old regulation, institutions that have undergone some changes. The examples are most varied and they do not bypass almost any matter. Thus, we signal the presence of different interpretations of regulations regarding: engagement, marriage, divorce, parentage, adoption, the legal duty to maintain, the parental authority, etc. The present study highlights such controversy’s by presenting the views expressed and the arguments invoked in their support and also some propositions of Ferenda Law.

  14. On Justified about Communieation Behavior of Judges and Parties---Also on the Meaning about Civil Law Artiele 44,Paragraph 3%论法官与当事人沟通行为的正当化--兼谈《民事诉讼法》新增第44条第三款的制度意义

    Institute of Scientific and Technical Information of China (English)

    李敏; 白洋

    2014-01-01

    China’s eurrent law prohibits a party eontaeted separately the judge privately,but in praetiee jud-ges,in many eases breaking the prohibitions established norms. From the perspeetive of value judgments eonsidera-tions. Judges and the parties normative eommunieation behavior does not endanger the eurrent judieial dispute reso-lution funetion,but from the program statutory standpoint,the damage to the legitimaey of the judieial proeess is an objeetive reality. The eurrent prevalenee no regulate eommunieation behavior,whieh produees mainly three reasons:First,the judge evaluation system is unreasonable,the seeond the judge existenee an entity impartial,whieh pursu-ing the eolleetive uneonseious,the three are part of the distriet eourt eases too mueh emphasis on mediation rate. Aehieving the basie path of eommunieation behaviors are threefold:First,improving the relevant laws and regula-tions,and seeond,to aehieve tune trial separation,the third is to strengthen the administration of justiee.%我国现行法律禁止法官私自单独接触一方当事人,但实务中法官在案件审理过程中与当事人多有接触,很多情况下都突破了既有规范的禁止性规定。从价值判断的角度考量,法官与当事人沟通行为的不规范性并没有危及当下的司法纠纷解决功能,但从程序法定的角度看,其对司法程序正当性的损害是客观存在的。当下普遍存在的法官与当事人不规范沟通行为,其产生的主要原因有法官考评制度不合理、法官存在追求实体公正的集体无意识以及部分地方法院过分注重案件调解率。要实现法官与当事人沟通行为的正当化,就必须完善相关法律规范,实现调审分离,加强司法行政管理。

  15. A Mathematics Lesson from the Mayan Civilization.

    Science.gov (United States)

    Lara-Alecio, Rafael; Irby, Beverly J.; Morales-Aldana, Leonel

    1998-01-01

    Discusses how teachers can infuse culture into the curriculum and develop students' competence and confidence by using ethnomathematics. Examines the mathematics of the Mayan civilization. Contains 22 references. (ASK)

  16. 10 CFR 1017.29 - Civil penalty.

    Science.gov (United States)

    2010-01-01

    ... paragraph (m)(4) of this section, the Hearing Officer may receive any oral or documentary evidence, but... the civil penalty on the person's ability to do business; (iv) Any history of prior violations;...

  17. A Universal Model of Global Civil Unrest

    CERN Document Server

    Braha, Dan

    2012-01-01

    Civil unrest is a powerful form of collective human dynamics, which has led to major transitions of societies in modern history. The study of collective human dynamics, including collective aggression, has been the focus of much discussion in the context of modeling and identification of universal patterns of behavior. In contrast, the possibility that civil unrest activities, across countries and over long time periods, are governed by universal mechanisms has not been explored. Here, we analyze records of civil unrest of 170 countries during the period 1919-2008. We demonstrate that the distributions of the number of unrest events per year are robustly reproduced by a nonlinear, spatially extended dynamical model, which reflects the spread of civil disorder between geographic regions connected through social and communication networks. The results also expose the similarity between global social instability and the dynamics of natural hazards and epidemics.

  18. Rhetorical Alliances in the Civil Rights Era.

    Science.gov (United States)

    Asante, Molefi Kete

    1985-01-01

    Analyzes the rhetorical mode of the civil rights movement and gives some attention to the problematic convergence of white and Black progressive writers. Focuses on two recurring metaphors used to describe the condition of Blacks: invisibility and Black Power. (KH)

  19. The values of administrative procedural law and the meaning of Its codification in China

    Institute of Scientific and Technical Information of China (English)

    MA Huaide

    2006-01-01

    Administrative procedural law has the value of justice,efficiency and order.Codifying administrative procedural law in China means promoting the development of democratic politics,protecting basic civil rights,curbing and eliminating corruption,building a clean and honest government,overcoming bureaucracy and enhancing administrative efficiency.Establishing an administrative procedure code that unifies administrative legislation,enforcement and judicial procedures is a goal that must be realized in the future.

  20. The Rule of Law Effort in Afghanistan: A Success Story in the Making

    Science.gov (United States)

    2016-06-10

    USA 5d. PROJECT NUMBER 5e. TASK NUMBER 5f. WORK UNIT NUMBER 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) AND...Pashtun, Islamic fundamentalist group that ruled Afghanistan from 1996 until 2001, when a United States led invasion toppled the regime for providing...volunteered as the lead nation for a rule of law program. The Afghan legal system was historically a mix of civil, customary, and Islamic law. In

  1. International Covenant on Civil and Political Rights

    Directory of Open Access Journals (Sweden)

    Catalina Mititelu

    2013-08-01

    Full Text Available According to the Covenant on Civil and Political Rights adopted by the United Nations, in 1966, the human being who enjoy his civil and political rights, enjoy in fact that “humanitas dignitas” (human dignity, since these rights derive from this. That is why this Covenant stipulated that the States parties are obligated to assure both the recognitions of these rights and their exercise and juridical protection.

  2. Civil responsibility of Physical Education professionals

    OpenAIRE

    2008-01-01

    The aim of this paper is to analyze the civil responsibility of Physical Education professionals which consists of an obligation to repair eventual damages in their professional practice. Firstly, this study presents a historical rescue, the conceptualization of civil responsibility , the differentiation of that criminal responsibility, and also of the assumed ones. Secondly, the conditions for the imputation of a damage and the differentiation between obligation of means and obligation of ...

  3. The Future SSC Pacific Civil Service Workforce

    Science.gov (United States)

    2008-08-01

    TECHNICAL REPORT 1971 August 2008 The Future SSC Pacific Civil Service Workforce P. Shigley G. Pennoyer J. Carreño Approved for... Shigley G. Pennoyer J. Carreño Approved for public release; distribution is unlimited. SSC San Diego San Diego, CA 92152-5001 SB...Prescribed by ANSI Std. Z39.18 08–2008 Final THE FUTURE SSC PACIFIC CIVIL SERVICE WORKFORCE P. Shigley G. Pennoyer J

  4. Environmental and ecological citizenship in civil society

    OpenAIRE

    Humphreys, David

    2009-01-01

    Drawing from the work of Andrew Dobson, two notions of citizenship in civil society can be distinguished: environmental citizenship, which focuses on environmental rights and seeks to redefine the relationship between the state and the citizen; and ecological citizenship, which goes beyond a rights-based notion of citizenship to advocate the fair usage of ecological space across international borders. Using civil society initiatives to conserve forests, this article argues that these two noti...

  5. 32 CFR 855.13 - Civil fly-ins.

    Science.gov (United States)

    2010-07-01

    ... 32 National Defense 6 2010-07-01 2010-07-01 false Civil fly-ins. 855.13 Section 855.13 National Defense Department of Defense (Continued) DEPARTMENT OF THE AIR FORCE AIRCRAFT CIVIL AIRCRAFT USE OF UNITED STATES AIR FORCE AIRFIELDS Civil Aircraft Landing Permits § 855.13 Civil fly-ins. (a)...

  6. CIVIL LIABILITY FOR NUCLEAR DAMAGE: COMPARATIVE ANALYSIS OF INTERNATIONAL TREATIES

    Directory of Open Access Journals (Sweden)

    Laura Rimšaitė

    2013-06-01

    analysis, systemic, comparative analysis method by comparing different conventions and its implications. Findings – two liability regimes set different liability amount for the operator and some additional implications to the State and with its amendments provides additional compensation options from all contracting parties collected funds. However the problem rises for the operator to provide insurance whereas Vienna convention only sets minimum liability amount and it is up to state to decide on liability limits or even to provide unlimited liability for the operator. In this case operator faces difficulties to find appropriate insurance as it has to be guaranteed for certain amount. Another situation when a State provides very high maximum amount of the operator’s liability therefore state aid problem arises because there is a need for state guarantee or when there are several operators and not all of them need this amount of insurance because they are being decommissioned. Research limitations – to analyze liability regimes in the light of cohesion and harmonization of regimes also the obligation of the nuclear installation operator to provide insurance when maximum amounts or blank indemnity are set by national law. Practical implication – This comparative analysis provides a background on further discussions concerning the nuclear operator’s liability and insurance limits issues and cohesion between two regimes by providing a harmonized model throughout European Union. Originality – Only a few authors have analyzed some aspects of nuclear liability there is still a lack of academic insights into nuclear liability regimes and insurance issues in the light of competition law. This work provides insights into nuclear liability issues and will certainly be valuable in practice when developing nuclear projects. Keywords: civil liability for nuclear damage, Vienna Convention, Paris Convention, operator of nuclear installation, strict liability, comparative

  7. Galactic civilizations - Population dynamics and interstellar diffusion

    Science.gov (United States)

    Newman, W. I.; Sagan, C.

    1981-01-01

    A model is developed of the interstellar diffusion of galactic civilizations which takes into account the population dynamics of such civilizations. The problem is formulated in terms of potential theory, with a family of nonlinear partial differential and difference equations specifying population growth and diffusion for an organism with advantageous genes that undergoes random dispersal while increasing in population locally, and a population at zero population growth. In the case of nonlinear diffusion with growth and saturation, it is found that the colonization wavefront from the nearest independently arisen galactic civilization can have reached the earth only if its lifetime exceeds 2.6 million years, or 20 million years if discretization can be neglected. For zero population growth, the corresponding lifetime is 13 billion years. It is concluded that the earth is uncolonized not because interstellar spacefaring civilizations are rare, but because there are too many worlds to be colonized in the plausible colonization lifetime of nearby civilizations, and that there exist no very old galactic civilizations with a consistent policy of the conquest of inhabited worlds.

  8. Judicial civil procedure dragging out in Kosovo

    Directory of Open Access Journals (Sweden)

    Rrustem Qehaja

    2016-03-01

    Full Text Available This article tends to deal with one of the most worrying issues in the judicial system of Kosovo the problem of judicial civil procedure dragging out. The article analyses the reasons of these dragging outs of the judicial civil procedure focusing on the context of one of the basic procedural principles in civil procedure-the principle of economy or efficiency in the courts. Dragging out of civil procedure in Kosovo has put in question not only the basic principles of civil procedure, but it also challenges the general principles related to human rights and freedoms sanctioned not only by the highest legal act of the country, but also with international treaties. The article tends to give a reflection to the most important reasons that effect and influence in these dragging outs of civil procedure, as well as, at the same time aims to give the necessary alternatives to pass through them by identifying dilemmas within the judicial practice. As a result, the motives of this scientific paper are exactly focused at the same time on identifying the dilemmas, as well as presenting ideas, to overstep them, including the judicial practice of the European Court of Human Rights on Article 6 of the European Convention on Human Rights, by which it is given the possibility to offering people efficient and within a reasonable time legal protection of their rights before national courts. For these reasons, the paper elaborates this issue based on both, the legal theory and judicial practice.

  9. [Law 6/84: "an inappropriate law"].

    Science.gov (United States)

    Barroco, L E

    1994-01-01

    The intervention of Dr. Luis Elmano Barroco was evaluated at a meeting on March 19, 1994, on the topic of the state of abortion after 10 years of the new abortion law. Some aspects of the law of 1984 are characterized as inappropriate and inadequate because of the experience of the maternity ward of Dr. Alfredo da Costa. It was expected that in the wake of the publication of the law, official health care institutions would provide services for termination of pregnancy in accordance with legal indications. However, a survey carried out by the Association for Family Planning in July 1993 revealed that more than 50% of hospitals did not perform abortions because of the inexistence of specialized services or lack of resources or on grounds of conscientious objection. Even a revision of the abortion law does not take into consideration the fact that before 12 weeks of gestation it is difficult to precisely confirm grave lesions or the physical and psychological state of health of the pregnant woman which could be potentially life threatening. It was not taken into account either that it is impossible to diagnose definitively chromosomal aberrations, severe diseases, and fetal malformation before the 16th week. The law did not contemplate the prevailing socioeconomical conditions either that lead to clandestine abortion with high morbidity and mortality from cervical lesions, uterine perforation, infections, sepsis, and salpingitis. Prenatal diagnosis for eugenic abortion can be carried out by cytogenetic analysis of the amniotic fluid and ecography, but such diagnosis probably amounts to only 30-40% of risk cases in the whole country. A recent study by the Johns Hopkins University indicated that the chance of survival of a child born before 24 weeks is nil, therefore the limit of induced abortion should be extended to the 24th week to facilitate diagnosis of possible genetic abnormalities.

  10. F-rough law and the discovery of rough law

    Institute of Scientific and Technical Information of China (English)

    Qiu Jinming; Shi Kaiquan

    2009-01-01

    By using function one direction S-rough sets (function one direction singular rough sets), this article presents the concepts of F-law, F-rough law, and the relation metric of rough law; by using these concepts, this article puts forward the theorem of F-law relation metric, two orders theorem of F-rough law relation metric, the attribute theorem of F-rough law band, the extremum theorem of F-rough law relation metric, the discovery principle of F-rough law and the application of F-rough law.

  11. Pop Goes the Law

    Science.gov (United States)

    Harper, Steven J.

    2013-01-01

    The Law School Admission Council recently reported that applications were heading toward a 30-year low, reflecting, as a "New York Times" article put it, "increased concern over soaring tuition, crushing student debt, and diminishing prospects of lucrative employment upon graduation." Since 2004 the number of law-school…

  12. Nanotechnology and the Law

    Science.gov (United States)

    Desmoulin-Canselier, Sonia; Lacour, Stéphanie

    Law and nanotechnology form a vast subject. The aim here will be to examine them from the societal standpoint of nanoethics, if necessary without due reference to the work that has been undertaken. For while law differs from ethics, as we shall attempt to explain throughout this reflection, it must also be studied in its relationship with social realities.

  13. Information Law and Copyright.

    Science.gov (United States)

    Marx, Peter A.

    1986-01-01

    Because of information law's inability to keep up with rapid changes in information technology and impreciseness of the law, copyrighting of databases poses unique problems. Interpretation of fair use doctrine, privately owned computer "downloading," impact of federal electronic filing, and questions concerning information businesses need to be…

  14. Teaching Information Technology Law

    Science.gov (United States)

    Taylor, M. J.; Jones, R. P.; Haggerty, J.; Gresty, D.

    2009-01-01

    In this paper we discuss an approach to the teaching of information technology law to higher education computing students that attempts to prepare them for professional computing practice. As information technology has become ubiquitous its interactions with the law have become more numerous. Information technology practitioners, and in particular…

  15. Language and the Law.

    Science.gov (United States)

    Gibbons, John

    1999-01-01

    Discusses the language of law and its general interest to the field of applied linguistics. Specific focus is on legal language, the problems and remedies of legal communication (e.g., language and disadvantage before the law, improving legal communication) the legislation of language (e.g., language rights, language crimes), and forensic…

  16. Lotka's Law Revisited.

    Science.gov (United States)

    Potter, William Gray

    1981-01-01

    Discusses the literature that has become associated with Lotka's Law of Scientific Productivity (a general theoretical estimate of author productivity in the sciences) and attempts to identify the important factors of Lotka's original methodology that should be considered when attempting to test applicability of Lotka's Law. Forty-seven references…

  17. Law-Abiding Games

    Institute of Scientific and Technical Information of China (English)

    2006-01-01

    Beijing has begun work on laws and regulations to guarantee the smooth operation of the 2008 Olympics One of the major tasks for Beijing as host of the 2008 Olympic Games is to establish regulations and laws to govern the preparations for and conduct of the Games. Thus, on April 10 the Olympic Legislation Coordinating

  18. The law and neuroscience.

    Science.gov (United States)

    Gazzaniga, Michael S

    2008-11-06

    Some of the implications for law of recent discoveries in neuroscience are considered in a new program established by the MacArthur Foundation. A group of neuroscientists, lawyers, philosophers, and jurists are examining issues in criminal law and, in particular, problems in responsibility and prediction and problems in legal decision making.

  19. Climate Change Law

    NARCIS (Netherlands)

    Farber, D.A.; Peeters, Marjan

    2016-01-01

    This book brings together over seventy fifty authors for a comprehensive examination of the emerging global regime of climate change law. Despite the relative youth of climate change law, we can already begin to see the outlines of legal regimes addressing climate change mitigation and adaptation (a

  20. Women and Law

    Institute of Scientific and Technical Information of China (English)

    1997-01-01

    WOMEN’S rights concern the world over. Even though China has a different legal tradition and social system, participants from the Beijing Sino-British Women and Law Symposium discovered that both Chinese and foreign scholars could reach agreement and understanding on many issues. Enacting Laws for Women Professor Yang Dawen, from the

  1. AIDS groups challenge Federal Internet censorship law.

    Science.gov (United States)

    1996-05-03

    The Communications Decency Act (CDA), a section of the 1996 telecommunications reform law, bans indecent and patently offensive expression from all online systems available to those under the age of 18. AIDS organizations and the American Civil Liberties Union (ACLU) filed suit in U.S. District Court in Philadelphia, PA,to challenge the law. The ACLU contends that the CDA law is unconstitutional because it criminalizes expression that is protected by the First Amendment, and violates constitutional rights to privacy. The CDA also would impede dissemination of HIV prevention information, according to AIDS online services. Operators of these electronic information systems state that providing explicit language about safe sexual practices is essential if teenagers are to understand how to prevent HIV infection. Additionally, content providers argue that it is almost impossible to know what text or images must be censored in order to avoid government prosecution. Expert witnesses testifying for the U.S. Government stated that there are means available to purge Internet sites of materials that might be regarded as indecent. The ACLU recommends utilizing a software package that would enable parents to control their children's Internet access without requiring broad censorship.

  2. Creating EU law judges

    DEFF Research Database (Denmark)

    Mayoral Diaz-Asensio, Juan Antonio; Jaremba, Urszula; Nowak, Tobias

    2014-01-01

    The judicial protection system in the European Union (EU) is premised on the fact that national judges are supposed to act as decentralized EU judges. This role is exercised through tools enshrined in, inter alia, primacy, direct and indirect effect of EU law, and the preliminary ruling procedure....... However, a number of studies show that national judges experience difficulties in exercising EU competences due to their lack of knowledge in the field of EU law. In this contribution we study the differences in the level of self-evaluation of EU law knowledge among judges, which consequently influence...... the way judges approach EU law. For that purpose we question the relevance of several institutional and socio-legal factors, such as organization of the judiciary, generation, the system of legal education and judicial training and practical experience with EU law. Our analysis is based on data collected...

  3. The Development of New Clinical Legal Education Courses at the Faculty of Law, Hasanuddin University, Makassar- Indonesia: Challenges and Prospects

    Directory of Open Access Journals (Sweden)

    Maskun

    2015-12-01

    Full Text Available Clinical subjects are a new model in Faculty of Law Hasanuddin University’s curriculum. It currently is implementing four legal clinics: (1 a civil law clinic; (2 a criminal law clinic; (3 an anti-corruption law clinic; and (4 an environmental law clinic. All of these clinics have been adopted in FH-UNHAS’s curriculum. This paper will focus on those subjects as new clinics and the students as new clinicians. It also discusses many challenges we face in managing the clinics and ensuring that all clinic students are able to engage in quality programming while working with our partners (local civil society organizations [CSOs] and formal justice institutions, such as District Courts and Provincial Prosecutor Offices.

  4. 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

  5. Conforming a Voluntary Medical Leave of Absence Policy to Recent Interpretations of Disability Law

    Science.gov (United States)

    Meilman, Philip W.

    2016-01-01

    In 2011, Georgetown University worked to revise its medical leave of absence (MLOA) policy to be in conformity with evolving standards and interpretations of disability law as it pertains to university students. The article describes the new policy, which was reviewed and approved by the U.S. Department of Education's Office for Civil Rights.…

  6. 29 CFR 1608.7 - Affirmative action plans or programs under State or local law.

    Science.gov (United States)

    2010-07-01

    ... 29 Labor 4 2010-07-01 2010-07-01 false Affirmative action plans or programs under State or local... OPPORTUNITY COMMISSION AFFIRMATIVE ACTION APPROPRIATE UNDER TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, AS AMENDED § 1608.7 Affirmative action plans or programs under State or local law. Affirmative action...

  7. Bridging the Classroom and the Real World: A Video Implementation Study at Harvard Law School.

    Science.gov (United States)

    Hoelscher, Karen J.

    1990-01-01

    A study evaluated the effectiveness of an interactive videodisk program in guiding law students through development of a civil rights court case. Results were mixed, with positive student perceptions but little improvement in performance. It is concluded that more needs to be known about this kind of orienting instruction. (MSE)

  8. The Practice of Transnational Law

    CERN Document Server

    2000-01-01

    Contents :"The new law merchant and the global market place" by Klaus Peter Berger, "The CENTRAL enquiry on the use of transnational law in international contract law and arbitration", "The UNIDROIT principles and transnational law" by Michael Joachim Bonell, "Examples for the practical application of transnational law", "The questionnaire and results of the CENTRAL enquiry"

  9. Chemical Laws, Idealization and Approximation

    Science.gov (United States)

    Tobin, Emma

    2013-01-01

    This paper examines the notion of laws in chemistry. Vihalemm ("Found Chem" 5(1):7-22, 2003) argues that the laws of chemistry are fundamentally the same as the laws of physics they are all "ceteris paribus" laws which are true "in ideal conditions". In contrast, Scerri (2000) contends that the laws of chemistry are…

  10. Sub-Federal Enforcement of Immigration Law: An Introduction to the Problem of Pretextual Enforcement and Inadequate Remedies

    Directory of Open Access Journals (Sweden)

    Carrie Rosenbaum

    2014-01-01

    Full Text Available Sub-federal enforcement of immigration law has expanded significantly in the last decade raising questions concerning policing, rights violations, and remedies. While the Fourth Amendment has historically provided an avenue for potentially suppressing evidence obtained in violation of a criminal defendant’s civil rights, its applicability in the immigration removal context has been circumscribed. Thus, the avenues to protect the rights of unauthorized noncitizens in immigration removal proceedings are less clear where sub-federal agents act outside of their authorization, particularly in the context of Secure Communities, and enforce immigration law. In the context of immigration exceptionalism, racial profiling has historically played a unique role in immigration law. The lack of adequate measures to deter rights violations where sub-federal agents enforce immigration law raises questions concerning the relationship between criminal and immigration law, and the importance of deterring civil rights violations such as racial profiling, in immigration enforcement. This article will examine the problem of sub-federal law enforcement agents’ use of criminal law violations as a pretext to enforce immigration law and the lack of adequate deterrence of civil rights violations.

  11. The Emergence of Civilization [and] Case Studies in the Emergence of Civilization.

    Science.gov (United States)

    Ellison, Jack

    This secondary level anthropology textbook emphasizes the comparison of the patterns of culture change which resulted in complex societies (civilizations) in six different areas around the world. The textbook stresses problem-solving and is centered around three questions: In what manner and through what stages did these civilizations evolve? What…

  12. [Legal aspects of medical expert testimony and non-economic damage in civil liability of physician].

    Science.gov (United States)

    Pauković, Hrvoje

    2008-01-01

    In the establishment of civil liability of physicians for damage caused, it is extremely important to establish all relevant facts for the court to render the appropriate verdict. One of the crucial instruments in the establishment of a presumed civil liability of physicians as well as in the establishment of the criteria for the assessment of a proper award, is the medical expert testimony--utilised as an essential proof. The comprehension of medical and legal professionals' replies to questions which every profession must answer in order to provide an objective access to the claim and a right and full establishment of the factual situation, is the imperative for a correct application of the law in the handling and settling of these claims, especially in the light of the new set up of the concept of non-economic damage. The medical and legal profession shall help placing the problems of civil liability of physicians into real frameworks, preventing any attempts of unnecessary stigmatization of medical profession and cases of unjustified and unfounded indemnification, and it shall objectively and professionally, based on the law, enable a full and absolute protection of patients and third parties and their rights to physical and mental health.

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

    Directory of Open Access Journals (Sweden)

    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.

  14. The United Nations: the embarrassment of international law.

    Science.gov (United States)

    Halliday, Denis J

    2002-01-01

    The United Nations should be working towards an international community living in peace under the aegis of international law. Although progress was made in its early years, notably in decolonization, with its membership increased from 50 to 189, major inequalities remain between its nations and their peoples. The Security Council, and in particular its five permanent members (P5), has been guilty of double standards in enforcing international law. Investment should create prosperity and not increase demand for arms. Independent oversight of the UN, and particularly the Security Council, by civil society is needed. If the legitimacy of the UN is to be restored, the Security Council should become more representative, the power of the General Assembly should be restored and the role of the International Court of Justice should be increased. All members of the UN, especially the PS, must respect international law as enshrined in the UN Charter and Conventions.

  15. The role of criminal law within the healthcare sector.

    Science.gov (United States)

    Alhafaji, Yasmin

    2012-12-01

    Health is for most of us the most precious thing one can have. However, in practice situations occur where the patient is harmed within the healthcare institution. Traditionally, there are several ways to protect individuals in society: with civil, criminal and administrative procedures. Over the years in the Netherlands complaints procedures were established in which the complaints about healthcare providers' performance can be handled. Recently, there are some developments within the criminal law that concern the healthcare sector. Examples are: the establishment of the Public Prosecution Service's Expertise Center on Medical Matters, appointments of medical prosecutors. In addition, in legal literature suggestions are made that criminal law is nowadays applied in order to provide redress to the patients (relatives) and as a 'safety tool' that is to ensure security and to counter the risks within the healthcare sector. The article discusses the role of criminal law within the healthcare sector, and in particular, whether criminal procedure is suitable for handling complaints about healthcare.

  16. Anomalous law of cooling

    Science.gov (United States)

    Lapas, Luciano C.; Ferreira, Rogelma M. S.; Rubí, J. Miguel; Oliveira, Fernando A.

    2015-03-01

    We analyze the temperature relaxation phenomena of systems in contact with a thermal reservoir that undergoes a non-Markovian diffusion process. From a generalized Langevin equation, we show that the temperature is governed by a law of cooling of the Newton's law type in which the relaxation time depends on the velocity autocorrelation and is then characterized by the memory function. The analysis of the temperature decay reveals the existence of an anomalous cooling in which the temperature may oscillate. Despite this anomalous behavior, we show that the variation of entropy remains always positive in accordance with the second law of thermodynamics.

  17. Anomalous law of cooling.

    Science.gov (United States)

    Lapas, Luciano C; Ferreira, Rogelma M S; Rubí, J Miguel; Oliveira, Fernando A

    2015-03-14

    We analyze the temperature relaxation phenomena of systems in contact with a thermal reservoir that undergoes a non-Markovian diffusion process. From a generalized Langevin equation, we show that the temperature is governed by a law of cooling of the Newton's law type in which the relaxation time depends on the velocity autocorrelation and is then characterized by the memory function. The analysis of the temperature decay reveals the existence of an anomalous cooling in which the temperature may oscillate. Despite this anomalous behavior, we show that the variation of entropy remains always positive in accordance with the second law of thermodynamics.

  18. Reconfiguring trade mark law

    DEFF Research Database (Denmark)

    Elsmore, Matthew James

    2013-01-01

    -border setting, with a particular focus on small business and consumers. The article's overall message is to call for a rethink of received wisdom suggesting that trade marks are effective trade-enabling devices. The case is made for reassessing how we think about European trade mark law.......First, this article argues that trade mark law should be approached in a supplementary way, called reconfiguration. Second, the article investigates such a reconfiguration of trade mark law by exploring the interplay of trade marks and service transactions in the Single Market, in the cross...

  19. Business Law, Europe

    DEFF Research Database (Denmark)

    Fomcenco, Alex; Werlauff, Erik

    This book is a must-have for any business advisor that operates on a cross-border level in the European Union, EU. Regardless of whether you already have solid knowledge about doing business in the EU or you are just taking your first steps on this corporate scene, Business Law, Europe should...... be the book within your reach. We call it “Our Corporate Bible”. In an easily comprehendible way we address some of the most essential issues of business law, and provide guidelines and clarity for understanding and proper application of the legal provisions that govern business law in Europe....

  20. 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.